Unified Development Ordinance-2001

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Division of Coastal Management
TOWN OF MOREHEAD CITY
UNIFIED DEVELOPMENT ORDINANCE
JUNE 12, 2001
Prepared By.
Holland Consulting Planners, Inc.
Wilmington, North Carolina
The preparation of this document was financed in part through a grant provided by the North
Carolina Coastal Management Program, through funds provided bythe 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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TOWN OF MOREHEAD CITY
UNIFIED DEVELOPMENT ORDINANCE
JUNE 12, 2001
Prepared By.
jHolland
Consulting Planners, Inc.
Wilmington, North Carolina
The preparation of this document was financed in part through a grant provided by the North
Carolina Coastal Management Program, through funds provided bythe 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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' TOWN OF MOREHEAD CITY
UNIFIED DEVELOPMENT ORDINANCE
' TABLE OF CONTENTS
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PAGE
ARTICLE I. GENERAL PROVISIONS ............................................
1-1
'
1-1
Title..............................................................
1-1
1-2
Authority ..........................................................
1-1
-3
1-4
1
Jurisdiction.........................................................
Purpose .
1-1
1-2
1.5
Effective Date ......................................................
1-2
'
1-6
1-7
Relationship to Existing Zoning and Subdivision Ordinances ........::::::::..
Relationship to Coastal Area Management Act (CAMA) Land Use Plan ..
1-2
1-3
1-8
No Use or Sale of Land or Buildings Except in Conformity
' with Ordinance Provisions .. , • • ..... • . •................................ 1-3
1-9 Fees . 1-3
1-10 Severability ........................................................ 1-4
' 1-11 Computation of Time ............ .... 1-4
1-12 Abrogation ..•..............•...•...••...1-4
ARTICLE 2. BASIC DEFINITIONS AND INTERPRETATIONS ..........................
2-1
2-1
Word Interpretation .......
2-1
2-2
Definitions of Basic Terms ..............................................
2-2
'
2-3
Interpretation of Zoning District Boundaries ..........................
243
ARTICLE 3. ADMINISTRATIVE MECHANISMS ....................................
3-1
1
PART
PLANNING BOARD ..................................................
3-1
3-1
Created, Membership ................................................
3-1
3-2
Organization. Rules, Meetings, Records ..................................
3-2
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3-3
Finances
3-2
3-4
Powers and Duties ...................................................
3-2
PART II
BOARD OF ADJUSTMENT ........
3-4
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3-5
Creating the Board of Adjustment .. , . • • , • ...............................
3-4
3-6
Proceedings of the Board of Adjustment ..................................
3-5
3-7 Powers and Duties ......... t • ....... • •................................ 3-5
PART III APPEARANCE COMMISSION . 3-6
3-8 Created, Members, Organization, Rules, Meetings, Records ................... 3-6
' 3-9 , Powers and Duties ................................ 3-7
...................
PART IV LAND USE ADMINISTRATOR AND PLANNING DIRECTOR . 3-7
3-10 Land Use Administrator ............................................ . . . 3-7
' 3-11 Planning Director ................................................... 3-8
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PART V CITY COUNCIL ..................................................... 3-8
3-12 The City Council .................................................... 3-8
ARTICLE 4. PERMITS AND SUBDIVISION APPROVAL ............................... 4-1
PART 1
ZONING AND SPECIAL -USE PERMITS ....................................
4-1
4.1
Permits Required ....................................................
4-1
4-2
No Occupancy or Use Until Requirements Fulfilled ..........................
4-2
4-3
Who May Submit Permit Applications ....................................
4-2
4-4
Applications To Be Complete ..........................................
4-2
4-5
Staff Consultation After Application Submitted ............................
4-3
4-6
Zoning Permits .....................................................
4-4
4-7
Authorizing Use or Occupancy Before Completion of Development
Under Zoning Permit .................................................
4-4
4-8
Special -Use Permits ..................................................
4-4
4-9
Burden of Presenting a Complete Application, Burden of Persuasion ............
4-6
4-10
Recommendations on Special -Use Permit Applications .......................
4-7
4-11
Authorizing Use, Occupancy, or Sale Before Completion of Development
Under Special -Use Permits .............................................
4-7
4-12
Completing Developments in Phases ....................................
4-8
4.13
Expiration of Permits .................................................
4-8
4-14
Effect of Permit on Successors and Assigns ................................
4-9
4-15
Amendments to and Modifications of Permits ............................
4-10
4-16
Reconsideration of Board Action .......................................
4-11
4-17
Applications to be Processed Expeditiously ..............................
4-11
4-18
Maintenance of Common Areas, Improvements, and Facilities ................
4-11
PART II MAJOR AND MINOR SUBDIVISIONS ....................................
4-12
4-19
Regulation of Subdivisions ...........................................
4-12
4-20
No Subdivision Without Plat Approval ..................................
4-12
4-21
Effect of Plat Approval on Dedications ..................................
4-12
4-22
School Sites on Land Use Plan .........................................
4-13
4-23
Construction Procedures .............................................
4-13
4-24
Homeowners' Association ............................................
4-14
4-25
Subdivision Name Duplication ........................................
4-14
4-26
Subdivision Design .................................................
4-14
4-27
Procedures for Review of Major and Minor Subdivisions ....................
4-16
4-28
Approval Procedure for Minor Subdivisions ..............................
4-16
4-29
Procedure for Review of Major Subdivisions ..............................
4-20
4-30
Planned Developments ..............................................
4-32
4-31
Completing Developments in Phases ...................................
4-35
4-32
Information to be Contained in or Depicted on Preliminary and Final Plats ......
4-36
PART III
PROVISIONS FOR STATUTORY VESTED RIGHT ...........................
4-38
4-33
Purpose..........................................................
4-38
4-34
Establishment of a Zoning Vested Right .................................
4-38
4-35
Approval Procedures and Approval Authority .............................
4-39
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4-36 Duration and Termination ............................................ 4-40
4-37 Voluntary Annexation ............................................... 4-42
4-38 Limitations and Repealer ............................................. 4-42
4-39 Conflicts with Other Ordinances and Effective Date ........................ 4-42
ARTICLE 5. APPEALS, VARIANCES, INTERPRETATIONS ............................. 5-1
PART GENERAL.......................................................... 5-1
5-1 Requests to be Heard Expeditiously ..................................... 5-1
PART II APPEALS.......................................................... 5-1
5-2 Procedure for Filing An Appeal ......................................... 5-1
PART III VARIANCES....................................................... 5-2
5-3 Procedure for Submitting an Application for a Variance ...................... 5-2
5-4 Board Action on Appeals and Variances .................................. 5-3
PART IV INTERPRETATIONS................................................. 5-4
5-6 Procedure for Board of Adjustment Interpretation .......................... 5-4
ARTICLE 6. HEARING PROCEDURES FOR APPEALS AND APPLICATIONS ................ 6-1
6-1 Hearing Required on Appeals and Applications ............................. 6-1
6-2 Notice of Hearing ................................................... 6-1
6-3 Evidence.......................................................... 6-2
6-4 Modification of Application at Hearing ................................... 6-2
6-5 Record............................................................ 6-2
6-6 Burden of Proof in Appeals and Variances ................................. 6-3
ARTICLE 7. ENFORCEMENT AND REVIEW ......................................
7-1
7-1
Complaints Regarding Violations .....................................
7-1
7-2
Persons Liable ......................................................
7-1
7-3
Procedures Upon Discovery of Violations .................................
7-1
7-4
Penalties and Remedies for Violations ...................................
7-2
7-5
Permit Revocation ...................................................
7-2
7-6
judicial Review .....................................................
7-3
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ARTICLE 8. NONCONFORMING SITUATIONS ....................................
8-1
8-1
Intent............................................................
8-1
8-2
Nonconforming Lots .................................................
8-1
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Nonconforming Structures ............................................
8-2
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Reconstruction, Restoration, and Replacement of Damaged
Nonconforming Structures ............................................
8-2
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8-5
Nonconforming Uses. .
8.3
8-6
Resumption of Nonconforming Uses .....................................
8-4
8-7
Expansion of Nonconforming Uses ......................................
8-4
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8-8
Change of Nonconforming Use .
8-5
8-9
Changes in Zoning................................6..................
8-5
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ARTICLE 9. ZONING DISTRICTS AND ZONING MAP ...............................
9-1
PART
ZONING DISTRICTS ..................................................
9-1
9-1
Interpretation and Application .........................................
9-1
9-2
Only One Principal Residential Use Upon Any Lot ...........................
9-1
9-3
Maintenance of Open Spaces ..........................................
9-1
9-4
Street Access .......................................................
9-1
9-5
Lots with Multiple Frontages ...........................................
9-2
9-6
Uses Prohibited.....................................................
9-2
9-7
Compliance with Coastal Area Management Act ............................
9-2
9-8
Rounding Off Fractions ...............................................
9-2
9-9
Lots with Primary Access from a Publicly Dedicated Alley .....................
9-2
9-10
Lots Abutting Waterfront Street Ends ....................................
9-3
9-11
Residential Districts Established ........................................
9-3
9-12
Commercial Districts Established .......................................
9-5
9-13
Industrial Districts Established .........................................
9-6
9-14
Office and Institutional Districts Established ..............................
9-7
9-15
Planned Development District ..........................................
9-8
9-16
Floodplain District ...................................................
9-9
PART 11
OFFICIAL ZONING MAP ..............................................
9-9
9-17
Zoning Map is a Part of this Ordinance ...................................
9-9
9-18
Replacement of the Official Zoning Map ................................. 9-10
9-19
Maintenance of the Official Zoning Map ................................. 9-10
ARTICLE 10. CONDITIONAL USE DISTRICT .................................... 10-1
10-1 Purpose.......................................................... 10-1
10-2 Application and Review Process ....................................... 10.1
ARTICLE 11. PERMISSIBLE AND SPECIAL USES .................................. 11-1
11-1 Table of Permissible Uses ............................................ 11-1
11-2 Use of the Designations P and Sin Table of Permissible Uses ................. 11-1
11-3 Permissible Uses Not Requiring Permits ................................. 11-1
ARTICLE 12. SUPPLEMENTARY USE REGULATIONS .............................. 12-1
12-1 Planned Development District ......................................... 12-1
ARTICLE 13. DEVELOPMENT STANDARDS ..................................... 13-1
13-1 Schedule of Development Requirements ................................. 13-1
13-2 Multifamily Dwelling Requirements .................................... 13-2
13-3 Drainage Requirements .............................................. 13-6
ARTICLE 14. EXCEPTIONS, MODIFICATIONS, AND SPECIAL REQUIREMENTS
FOR CERTAIN USES ............................................ 14-1
14-1 Walls and Fences ................................................... 14.1
14-2 Structures Excluded from Height Limitations ............................. 14-1
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14-3 Increase in Front Yard Setback Requirements ............................. 14-1
14-4 Substandard Lots of Record .......................................... 14-1
14-5 Temporary Field Office .............................................. 14-2
14-6 Mobile Homes as Temporary Residences or Business Locations ............... 14-2
14-7 Family Care Homes ................................................. 14-2
14-8 Cemeteries....................................................... 14-3
14-9 Churches......................................................... 14-3
14-10 Home Occupations ................................................. 14-3
14-11 Hospitals......................................................... 14-5
14-12 Junkyards......................................................... 14-6
14-13 Home Child Daycare Centers, Preschools, and Nurseries .................... 14-6
14-14 Mobile Home Parks ................................................. 14-6
14-15 Trailers, Trailer Parks ............................................... 14-9
14-16 Private Clubs/Lodges................................................ 14-9
14-17 Public Utility Buildings and Uses ...................................... 14-10
14-18 School.......................................................... 14-10
14-19 Kennels......................................................... 14-11
14-20 Business Residence ................................................ 14-11
14-21 Overnight Camping Trailer .......................................... 14-11
14-22 Emergency Shelter Mission .......................................... 14-11
14-23 Cluster Development ........................................ .... 14-12
14-24 Commercial Marina ................................................ 14-13
14-25 Automobile Repair Garages/Automobile Service Stations ............. 6 ..... 14-13
14-26 Bars and Cocktail Lounges...................6....................... 14-14
14-27 Yard Sales............................................6.......... 14-14
14-28 Adult Establishments and Cabarets .................................... 14-14
14-29 Relocation of Existing Buildings ............... 6 ...................... 14-15
14-30 Logging Operations ............................................ 6 ... 14-15
14-31 Accessory Uses or Buildings ................................. 6 ... 6 ... 14-15
14-32 Mobile Homes on Individual (Privately) Owned Lots ............... 6 ....... 14-17
14-33 Marine Research Facilities ............................... 6 ........... 14-17
' ARTICLE 15. BUFFERING, RECREATION, AND OPEN SPACE ........................
15-1
15-1
Buffers and Screens .................................................
15-1
15-2
Recreation and Open Space ...........................................
15-9
' 15-3
General
15-14
15-4
Suitability of Land .................................................
15-14
15-5
15-6
Access to Water ...................................................
Buffering
15-15
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15-15
' ARTICLE 16. STREETS, ALLEYS, AND SIDEWALKS ............................... 16-1
PART 1 STREETS AND ROADS . 16-1
16-1 Acceptance of Streets ............................................... 16-1
' 16.2 Streets and Roads ................................................... 16-1
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16-3 Special Street Access Requirements .................................... 16-2
16-4 Frontage Roads .................................................... 16-3
16-5 Access to Adjacent Properties ...................................... 6 .. 16-3
16-6 Design Standards............................6...................... 16-3
16-7 Intersections...................................................... 16-3
16-8 Permanent Dead End, Cul-De-Sac Streets ................................ 16-4
16-9 Street Names ...................................................... 16-4
16-10 Street and Traffic Control Signs ........ 6 ................ 6 ............. 16-4
16-11 Curb and Gutter ................................................... 16-5
PART11 ALLEYS......16-5
16-12 Requirements for Alleys16-5
PART III SIDEWALKS...................................................... 16-5
16-13 Sidewalks, Pedestrian Crosswalks, Wheelchair Ramps ...................... 16-5
ARTICLE 17. UTILITIES .................................................... 17-1
17-1 Water and Sanitary Sewer System ...................................... 17-1
17-2 Oversized Improvements ............................................. 17-1
17-3 Stormwater Drainage System ......................................... 17-1
17-4 Street Lights ...................................................... 17-2
17-5 Underground Wiring ................................................ 17-2
ARTICLE 18. FLOOD DAMAGE PREVENTION ORDINANCE ......................... 18-1
18-1 Statutory Authorization, Findings of Fact, Purpose and Objectives ............ 18-1
18-2 General Provisions .................................................. 18-3
18-3 Administration.................................................... 18-5
18-4 Provisions for Flood Hazard Reduction ................................. 18-14
18-5 Legal Status Provisions ............................................. 18-25
ARTICLE 19. SIGNS .......................................................
19-1
19-1
Purpose..........................................................
19-1
19-2
Illegal Signs .......................................................
19-1
19-3
Legal Signs .......................................................
19-1
19-4
Sign Design Guidelines and Maintenance ................................
19-3
19-5
Sign Illumination...................................................
19-3
19-6
Changeable Copy of Signs and Electronic Message Boards/Digital Marquee Signs .
19-4
19-7
Nonconforming, Obsolete, and Illegal Signs ..............................
19-5
19-8
Temporary Signs and Banners .........................................
19-5
19-9
General Guidelines for Freestanding Signs ...............................
19-9
19-10
Signs Permitted in All Districts .......................................
19-10
19-11
Signs in Residential Districts .........................................
19-11
19-12
Signs in Districts Other Than Residential Districts ........................
19-11
19-13
Convenience Stores/Gasoline Filling Stations ............................
19-15
19-14
Flags...........................................................
19-15
19-15
Appeal..........................................................
19-15
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' ARTICLE 20. OFF-STREET PARKING AND SERVICE REQUIREMENTS .................. 20-1
20-1 General Provisions . 20-1
20-2 Plan and Design Standards ........................................... 20-3
' 20-3 Minimum Number of Off -Street Parking Spaces Required .................... 20-3
20.4 Off -Street Loading and Unloading Space . 20.8
' ARTICLE 21. COASTAL AREA MANAGEMENT ................................... 21-1
21-1 Purposes 21-1
21-2 Designated Local Official ............................................. 21-1
21-3 Minor Development Permits .......................................... 21-4
21-4 Implementation of Coastal Area Management Act Minor Development Permit ... 21-6
21-5 Appeal of Minor Development Permit Disposition ......................... 21-6
21-6 Injunctive Relief and Penalties ......................................... 21-7
21-7 Amendment of Article ............................................... 21-8
21-8 Failure to Properly Enforce and Administer Article ......................... 21-9
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ARTICLE 22. NUISANCES AND ABANDONED OR JUNKED MOTOR VEHICLES ..........
22-1
22.1
Violations; Remedies ................................................
22-1
22-2
Maintenance of Buildings, Land; Proper Disposal of Refuse; Clean Up of Refuse
Dropped from Vehicles ..............................................
22-1
22-3
Conditions Constituting Nuisance Generally ..............................
22-2
22-4
Weeds, Noxious Growth, General Restrictions ............................
22-2
22-5
Weeds, Noxious Growth, Duty of Owner, Occupant to Cut and Remove ........
22-3
22-6
Investigations.....................................................
22-3
22-7
Notice and Order to Abate; Appeal .....................................
22-3
22-8
Abatement by Town - Performance .....................................
22-4
22-9
Abatemetn by Town - Recovery of Cost ..................................
22-4
22-10
Abandoned, Nuisance, and junked Motor Vehicles .........................
22-5
ARTICLE 23. MINIMUM HOUSING STANDARDS ................................ 23-1
23-1 Violations; Penalty .................................................. 23-1
23-2 Finding; Purpose ................................................... 23-1
23-3 Minimum Standards of Fitness for Dwellings, Dwelling Units ................. 23-2
23-4 Sanitary Facilities .................................................. 23-2
23-5 Food Preparation; Refuse Disposal ..................................... 23-3
23-6 Space and Security ................................................. 23-4
23-7 Structure and Materials .............................................. 23-4
23-8 Thermal Environment ............................................... 23-7
23-9 Electrical Systems .................................................. 23-7
23-10 Care of Premises ................................................... 23-8
23-11 Water Supply ...................................................... 23-8
23-12 Lead -Based Paint ................................................... 23-9
23.13 Access........................................................... 23-9
23-14 Extermination..................................................... 23-9
23-15 Congregate Housing ................................................ 23-9
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23-16 Duties of Inspector ................................................ 23.10
23-17 Powers of Inspector ................................................ 23-10
23-18 Inspections; Duty of Owners and Occupants ............................. 23-11
23-19 Procedure for Enforcement .......................................... 23-11
23-20 Complaints; Orders ................................................ 23-14
23-21 In Rem Action by Inspector .......................................... 23-15
23-22 Costs; Liens on Premises ............................................ 23-16
23-23 Sales of Items in, Attached to, Removed or Demolished Dwelling;
Disbursal of Funds ................................................. 23-16
23-24 Alternative Remedies ............................................... 23-16
23-25 Enforcement by Action in the Nature of Summary Ejectment ................ 23-17
23-26 Conflict with Other Provisions ....................................... 23-17
ARTICLE 24. AMENDMENTS ................................................ 24-1
24-1 Who May Petition .................................................. 24-1
24-2 Fee............................................................. 24.1
24-3 Application Procedure ............................................... 24-1
24-4 Proposed Amendments to be Submitted to Planning Board for Recommendation . 24-2
24-5 Required Public Hearing ............................................. 24-2
24-6 Petition Withdrawal ................................................ 24-2
24-7 Reconsideration................................................... 24-3
24-8 Protest Against an Amendment ........................................ 24-3
APPENDIX 1
STANDARD INDUSTRIAL CLASSIFICATION (SIC) SYSTEM
APPENDIX 11
INFORMATION REQUIRED WITH APPLICATIONS
APPENDIX III
SIDEWALK SPECIFICATIONS
APPENDIX IV
PARKING DESIGN STANDARDS
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ARTICLE 1. GENERAL PROVISIONS
1-1 Title
This Ordinance shall be known and may be cited as the Town of Morehead City Unified
Development Ordinance.
1-2 Authority
1-2.1 This Ordinance is adopted pursuant to the authority contained in North
Carolina General Statute 160A-174 which states that a town may, by
ordinance, define, prohibit, regulate, or abate acts, omissions, or
conditions detrimental to the health, safety, or welfare of its citizens and
the peace and dignity of the town, and may define and abate nuisances.
1-2.2 Whenever any provision of this Ordinance refers to or cites a section of the
North Carolina General Statutes (NCGS) and that section is later amended
or superseded, the Ordinance shall be deemed amended to refer to the
amended section or the section that most nearly corresponds to the
superseded section.
1-3 jurisdiction
1-3.1 This Ordinance shall be effective throughout the town's planning
jurisdiction. The town's planning jurisdiction comprises the area within
the corporate boundaries of the town as well as the extraterritorial area
as shown on the "Official Zoning Map" for the Town of Morehead City.
Such planning jurisdiction may be modified from time to time in
accordance with NCGS 160A-360. However, bona fide farms shall not be
affected by these regulations, but any use of such property for nonfarm
purposes shall be subject to these regulations.
1-3.2 In addition to other locations required by law, a copy of the official zoning
map showing the boundaries of the town's planning jurisdiction shall be
available for public inspection in the planning department.
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1-4 Purpose
The purpose of these regulations shall be to accomplish compatible development of the
land within the planning area of the Town of Morehead City in accordance with the Morehead
City Land Use Plan and in a manner which will best promote the health, safety, and general
welfare of the people, as well as to provide for efficiency and economy in the process of
development; to make adequate provisions for traffic; to secure safety from fire, panic, and other
hazards; to provide for light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements; to promote desirable living conditions
and the sustained stability of neighborhoods; to protect property against blight and depreciation
and for other purposes in accordance with the Land Use Plan for the Town of Morehead City.
This Ordinance will also establish procedures and standards for the development and
subdivision of land within the territorial jurisdiction of the Town of Morehead City. It is further
designed to provide for the orderly growth and development of the town; for the coordination
of streets and highways within proposed subdivisions with existing or planned streets and
highways and with other public facilities; for the dedication or reservation of recreation areas
serving residents of the immediate neighborhood within the subdivision and of right-of-way or
easements for street and utility purposes; and for the distribution of population and traffic in a
manner that will avoid congestion and overcrowding and will create conditions essential to public
health, safety, and the general welfare. This Ordinance is designed to further facilitate adequate
provisions for water, sewerage, parks, schools, and playgrounds, and also to facilitate the further
resubdivision of larger tracts into smaller parcels of land.
1-5 Effective Date
The provisions in this Ordinance were originally adopted and became effective on
June 12, 2001.
1-6 Relationship to Existing Zoning and Subdivision Ordinances
To the extent that the provisions of this Ordinance are the same in substance as the
previously adopted provisions that they replace in the town's zoning and subdivision ordinances,
they shall be considered as continuations thereof and not as new enactments unless otherwise
specifically provided. In particular, a situation that did not constitute a lawful, nonconforming
situation under the previously adopted zoning or subdivision ordinance does not achieve lawful
nonconforming status under this Ordinance merely by the repeal of the zoning or subdivision
ordinance.
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' 1-7 Relationship to Coastal Area Management Act (CAMA) Land Use Plan
tIt is the intention of the City Council that this Ordinance implement the planning policies
adopted by the City Council for the town and its extraterritorial planning area, as reflected in the
' CAMA land use plan and other planning documents. While the City Council reaffirms its
commitment that this Ordinance and any amendment to it be in conformity with adopted
planning policies, the City Council hereby expresses its intent that neither this Ordinance nor any
amendment to it may be challenged on the basis of any alleged nonconformity with any planning
document (see Article 21, Coastal Area Management).
' 1-8 No Use or Sale of Land or Buildings Except in Conformity With Ordinance Provisions
' 1-8.1 Subject to Article 8 of this Ordinance (Nonconforming Situations), no
person may use or occupy any land or buildings or authorize or permit the
' use, occupancy, or sale of land or buildings under his control except in
accordance with all of the applicable provisions of this Ordinance.
' 1-8.2 For purposes of this section, the "use" or "occupancy" of a building or land
' relates to anything and everything that is done to, on, or in that building
or land.
' 1-9 Fees
' 1-9.1 Reasonable fees sufficient to cover the costs of administration, inspection,
publication of notice and similar matters maybe charged to applicants for
zoning permits, sign permits, conditional -use permits, special -use permits,
subdivision plat approval, zoning amendments, variances and other
administrative relief. The amount of the fees charged shall be as set forth
in the town's fee schedule.
1-9.2 Fees established in accordance with Subsection 1-8.1 shall be paid upon
submission of a signed application or notice of appeal.
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1-10 Severability
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable, and if any such section,
paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any
court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or
invalidity shall not affect any of the remaining sections, paragraphs, sentence, clauses, or phrases
of this Ordinance since the same would have been enacted without the incorporation into this
Ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.
1-11 Computation of Time
1-11.1 Unless otherwise specifically provided, a time period upon which an act is
to be completed shall be computed by excludingthe day of notification and
including the entire last day of period expiration. If the last day is a
Saturday, Sunday, or legal holiday, that day shall be excluded. When the
period of time prescribed is less than seven days, Saturdays, Sundays, and
holidays shall be excluded.
1-11.2 Unless otherwise specifically provided, whenever a person is required to
do some act within a prescribed period and the notice or paper is served
by mail, three days shall be added to the prescribed period.
1-12 Abrogation
This Ordinance is not intended to 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.
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ARTICLE 2. BASIC DEFINITIONS AND INTERPRETATIONS
2-1 Word Interpretation
For the purposes of this Ordinance, certain words shall be interpreted as follows. Except
as defined herein, all other words used in this Ordinance shall have their customary dictionary
definition.
2-1.1 As used in this Ordinance, words importing the masculine gender include
the feminine and neuter.
2-1.2 Words used in the singular in this Ordinance include the plural and words
used in the plural include the singular.
2-1.3 Words used in the present tense include future tense.
2-1.4 The word "person" includes a firm, association, organization, corporation,
company, trust, and partnership as well as an individual.
2-1.5 The word "may" is permissive.
2-1.6 The word "shall' is always mandatory and not merely directive.
2-1.7 The word "used for" shall include the meaning "designed for."
2-1.8 The words "used" or "occupied" shall mean "intended, designed, and
arranged to be used or occupied."
2-1.9 The word "lot" shall include the words "plot," "parcel," "tract," "site," and
"premises."
2-1.10 The word "structure" shall include the word "building."
2-1.11 The word "Council" shall include "City Council' of the Town of Morehead
City, North Carolina.
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2-1.12 The words "Planning Board shall mean the "Town of Morehead City
Planning Board."
2-1.13 The word "town' shall mean the "Town of Morehead City," a municipal
corporation of the State of North Carolina.
2-1.14 The words "City Manager" shall mean the "Town of Morehead City
Manager."
2-1.15 The words "map," "zoning map," and "Morehead City Zoning Map" shall
mean the "Official Zoning Map for the Town of Morehead City, North
Carolina."
2-1.16 The words "Board of Adjustment" shall mean the "Town of Morehead City
Board of Adjustment."
2-1.17 The words 'ordinance" and "regulation' shall mean the "Town of
Morehead City Unified Development Ordinance."
2-1.18 The words "dwelling," "dwelling units,""rooming house,""rooming units,"
and "premises" shall be construed as though they were followed by the
words "or any part thereof."
2-2 Definitions of Basic Terms
Unless otherwise specifically provided, or unless clearly required by the context, thewords
and phrases defined in this section shall have the meaning indicated when used in this Ordinance.
2-2.1 Abandoned vehicle. As authorized and defined in G.S. Section 160A-303, an
abandoned motor vehicle is one that:
(A) Is left upon a public street or highway in violation of a law or
ordinance prohibiting parking; or
(B) Is left on a public street or highway for longer than seven (7) days;
or
(C) Is left on property owned or operated by the town for longer than
twenty-four (24) hours; or
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(D) Is left on private property without the consent of the owner,
occupant, or lessee thereof, for longer than two (2) hours.
2-2.2 Abandonment. To visibly cease or discontinue a use or activity, but
excluding temporary or short-term interruptions to a use or activity during
periods of remodeling, maintaining, or otherwise improving or rearranging
a facility, or during normal period of vacation or seasonal closure.
2-2.3 Abutting. Having a common border with or being separated from such a
common border by a right-of-way, alley, or easement.
2-2.4 Accessory building or use. A structure or use that: is clearly incidental to and
customarily found in connection with a principal building or use; is
subordinate to and serves a principal building or principal use; is
subordinate in area, extent, or purpose to the principal use served;
contributes to the comfort, convenience, or necessity of occupants,
business, or industry in the principal buildings or principal use served; and
is located on the same lot as the principal building or use served (see
Article 14-31).
2-2.5 Accessory outdoor displays. The outdoor display or storage of merchandise
on private property which is subordinate to the indoor retail
establishment.
2-2.6 Accessory personal services. This classification shall include a barber/beauty
shop, tanning salon, and other similar uses. The customer base shall be
limited to the residents of the multi -family project in which the accessory
personal service is located and the services shall be provided in a public
area of the multi -family project.
2-2.7 Accessory structure. Structures which are located on the same parcel of
property as the principal structure and the use of which is incidental to the
use of the principal structure. Garages, carports, and storage sheds are
common urban accessory structures. Pole barns, hay sheds and the like
qualify as accessory structures on farms, and may or may not be located on
the same parcel as the farm dwelling or shop building.
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2-2.8 Addition (to an existing building). An extension or increase in the floor area
or height of a building or structure. Additions to existing buildings shall
comply with the requirements for new construction, unless the addition,
renovation, or reconstruction to any building was constructed prior to the
initial Flood Insurance Study for that area, and the addition, renovation, or
reconstruction does not equal 50% of the present market value of the
structure. Where a fire wall is provided between the addition and the
existing building, the addition(s) shall be considered a separate building
and must comply with the standards for new construction.
2-2.9 Address. The official house, building, or structure number assigned by the
town for a specific lot, building, or portion thereof.
2-2.10 Adult cabaret. Any place which features topless dancers, go-go dancers,
strippers, male or female impersonators or similar entertainment (see
Article 14-28).
2-2.11 Adult day care center. An agency, organization, or individual providing
daytime care to adults not related by blood or marriage, or not the legal
wards of the attendant adult at any place other than an occupied dwelling.
2-2.12 Adult day care center,family.A private residence where care, protection, and
supervision are provided, for a fee, at least twice a week to no more than
six (6) adults at one time who are not related by blood or marriage.
2-2.13 Adult establishment. Any place defined in NCGS 14-202.10 or an adult
cabaret (see Article 14-28).
2-2.14 AEC. Area of Environmental Concern.
2-2.15 Air rights. The ownership or control of all land, property, and that area of
space at and above a horizontal plane shall be at a height that is reasonably
necessary or legally required for the full and free use of the ground surface.
2-2.16 Alley. A public thoroughfare which affords a secondary means of access to
abutting property.
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2-2.17 Alteration. Any change, addition, or modification in construction or
occupancy of an existing structure.
2.2.18 Alteration, structural. Any change in the supporting members of a building
or structure, such as load -bearing walls, floor joists, columns, beams, or
girders; provided, however, that the application of any exterior siding to
an existing building shall not be considered a structural alteration.
2-2.19 Amusement arcade. A building or part of a building in which five (5) or more
pinball machines, video games, or other similar player -operated
amusement devices are maintained. This is a for -profit recreational use,
indoor.
2-2.20 Animal hospital/veterinary clinic. A place or facility which provides dental,
medical, and surgical care for dogs, cats, and other domesticated animals
within an enclosed building. Kennels are not included within this
definition.
2-2.21 Antenna. Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic waves
external to or attached to the exterior of any building.
2-2.22 Apartment. A room or suite of two (2) or more rooms which is designed or
intended for occupancy by, or which is occupied by, one family or person.
2-2.23 Appeal. A request for a review of the Administrator's interpretation of any
provision of this Ordinance.
2-2.24 ApprovalAuthority. A zoning vested right shall be deemed established upon
the valid approval, or conditional approval, by the City Councilor Board of
Adjustment, as applicable, of a site specific development plan, following
notice and public hearing.
2-2.25 Area of shallow flooding. A designated AO or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to three
feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable and indeterminate, and where velocity flow may
be evident.
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2-2.26 Area ofspecial flood hazard. The land in the floodplain within a community
subject to a one percent or greater chance of being flooded in any given
year.
2-2.27 Auction house. A place of business offering for sale or resale art, antiques,
jewelry, porcelain, and similar goods which are owned by the
owner/operator or have been placed there by consignment for normal
business sales, and which periodically holds auctions on the premises for
the purpose of selling said goods to the highest bidder at public auction.
2-2.28 Authorizing official. The supervisory employee of the police department or
the town's building inspector, respectively, designated to authorize the
removal of vehicles under the provisions of Article 22-2.
2-2.29 Automobile repairgarage. An establishment where the following services are
available: major mechanical repairs, including engine overhaul and
transmission work; body rework; painting; and customizing. Repair
garages can also offer services similar to service stations (see Article 14-25).
2-2.30 Automobile service station. A building or lot dedicated to the rendering of
automotive services such as the sale of gasoline, oil, grease, and
accessories and the minor repair of automobiles such as tuneups, brake
adjustments, and tire changes, excluding body working, overhauling, and
painting (see Article 14-25).
2-2.31 Automobile wrecking. A person or establishment that provides open storage,
disassembling, or salvaging for junked motor vehicles.
2-2.32 ear/cocktail lounge. Any premises licensed to sell alcoholic beverages which
are sold at retail for consumption on the premises and minors are excluded
therefrom by law. It shall not mean a premises wherein such beverages are
sold in conjunction with the sale of food for consumption on the premises
and the sale of said beverages according to state statutes (see Article 14-
26).
2-2.33 ease flood. The flood having a one percent chance of being equaled or
exceeded in any given year.
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2-2.34 Basement. A portion of a building located partly or entirely underground,
but having less than one-half or more of its clear Floor -to -ceiling height
below the average grade of the adjoining ground.
2-2.35 Bed and breakfast inn. A house, or portion thereof, where short-term
lodging rooms and breakfast are provided. The operator of the inn shall
live on the premises or in adjacent premises.
2-2.36 Best Management Practices (BMP). A structural or nonstructural management
based practice used singularlyor in combination to reduce nonpoint source
inputs to receiving waters in order to achieve water quality protection
goals.
2-2.37 Billboard. Refer to sign, outdoor advertising.
2-2.38 Block. A parcel of land which is bounded on all sides by public streets,
highways, railroad rights -of -way, parks or green strips, rural land or
drainage channels, bodies of water, or a combination thereof.
2-2.39 Boardinghouse. A building dedicated to the lodging or feeding or both of
nontransient persons for compensation.
2-2.40 Boat sales/storage. An establishment in business to sell and store boats.
This definition excludes commercial marinas. This use is classified under
retail, marine -related.
2-2.41 Borrow pit. Any place or premises where dirt, soil, sand, gravel, or other
material is excavated below the grade for any purpose other than that
necessary and incidental to site grading or building construction. Borrow
pits must meet any applicable state requirements.
2-2.42 Breakaway wall. A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system. A
breakaway wall shall have a design safe loading resistance of not less than
10 and no more than 20 pounds per square foot. A wall with loading
resistance of more than 20 pounds per square foot requires a professional
engineer or architect's certificate.
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2-2.43 Buffer. A strip of land along a specified property or boundary line providing
for the physical separation of two (2) or more different zoning districts,
classes of use, or types of buildings and intended to reduce the potential
for negative visual, auditory, olfactory, and runoff impacts.
2-2.44 Buffer strip. A naturalized, vegetated area intended to reduce or prevent
excessive light, glare, noise, odors, or views of incompatible uses. This
strip shall be part of the platted lots, but shall have the following
restriction lettered on the face of the plat: "This strip is reserved for the
planting of trees or shrubs by the owner. The building of structures or
accessory uses hereon is prohibited."
2-2.45 Building. Any structure which has a roof and which is designated for the
shelter, support, or enclosure of persons, animals, or property of any kind.
The term "building" shall be construed as if followed by the words "or part
thereof."
2-2.46 Building height. The vertical distance from the average finished grade of the
building lot to the highest point of the building.
2-2.47 Building line. The line, parallel to the street line, that passes through the
point of the principal building nearest the front lot line.
2-2.48 Building setback line. A line parallel to the front property line in front of
which no structure shall be erected. Setbacks shall be figured from the '
street right-of-way line.
2-2.49 Business residence. A building which contains both a business and a
residence and which is subject to the conditions of Article 14-20.
2-2.50 Car wash. A freestanding building or structure providing facilities for
washing motor vehicles.
2-2.51 Cemetery. land used or intended to be used for the burial of the dead and
dedicated for cemetery purposes, including columbariums, crematories,
mausoleums and mortuaries when operated within the boundaries of such
cemeteries. This definition does not include pet cemeteries (see Article
14-8).
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2-2.52 Child daycare (after -school). A facility receiving a payment, fee, or grant for
the care of six (6) or more children thirteen (13) years of age or less for four
(4) hours or less per school day and more than four (4) hours during school
holidays and breaks.
2-2.53 Child daycare (home). A private residence where care, protection, and
supervision are provided for a fee at least twice a week to no more than
five (5) children at one time, including children of the adult supervisor (see
Article 14-13).
2-2.54 Child daycare (preschool, nursery). Any child care arrangement or facility
under which six (6) or more children of less than thirteen (13) years of age,
not including the operator's after -school children, receive care away from
their own home at least once per week for more than four (4) hours but
less than twenty-four (24) hours per day, regardless of the time of day (and
regardless ofwhether the same children attend regularly), by persons other
than his parents, grandparents, aunts, uncles, brothers and sisters who are
not minors and guardians or full-time custodians. The following are not
included: public schools, nonpublic schools, whether or not accredited by
the State Department of Public Instruction, which regularly and exclusively
provide a course of grade school instruction to children who are of public
school age; summer camps having children in full-time residence; summer
day camps which are run by nonprofit organizations exempt from taxation
pursuant to Article 4 of Ordinance 105 of the General Statutes (G.S.
Section 105-103 et seq.); and facilities licensed under Article 2 of Ordinance
122C of the General Statutes (G.S. Section 122C-21 et seq.).
2-2.55 City block. For the purposes of this Ordinance, a city block shall mean a
block located in Old Morehead City which totals 2.18 acres. Old Morehead
City consists of the area between Calico Creek and Bogue Sound from 34'h
Street east on the south side of Arendell Street and from 25"' Street east
on the north side of Arendell Street.
2-2.56 Church. An institution that people regularly attend to participate in or hold
religious services, meetings, and other activities. The term "church" shall
not carry a secular connotation and shall include buildings in which the
religious services of any denomination are held (see Article 14-9).
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2-2.57 Clearcutting. The systematic removal of trees, shrubs, or undergrowth with
the intention of preparing real property for nonagricultural development
purposes. This definition shall not include the selective removal of trees
and shrubs when the soil is left relatively undisturbed, removal of dead
trees, or normal mowing operations.
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2-2.58 Clinic. A building designed and used for the care and treatment of human ,
patients that does not include overnight care facilities.
2-2.59 Club or lodge, private. An incorporated or unincorporated association for
civic, social, cultural, religious, fraternal, literary, political, recreational, or
like activities operated on a nonprofit basis for the benefit of its members
and holding a certificate of nonprofit organization from the Secretary of
State of the State of North Carolina (see Article 14-16).
2-2.60 Cluster housing. Dwellings which are grouped together on lots which do
not necessarily meet the minimum lot size requirements but do meet the
density requirements of the district in which it is located.
2-2.61 Cluster housing development. A development design technique that
concentrates buildings in specific areas on a site to allow the remaining
land to be used for recreation, common open space, and preservation of
environmentally sensitive areas. The development must meet the density
requirement of the zoning district in which it is to be located (see Article
14-23).
2-2.62 Coastal Area Management Act (LAMA). A state law as defined in G.S. 113A-
100 which claims jurisdiction adjacent to all coastal waters and other areas
of environmental concern. CAMA permits are required for any land -
disturbing activities which take place within a prescribed distance from the
mean high water mark.
2-2.63 Coastal High Hazard Area. An Area of Special Flood Hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast
and any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on a FIRM as Zone VI-30,VE, or V.
2-2.64 Commission. The North Carolina Coastal Resources Commission.
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2-2.65 Communication services. This classification includes businesses which are
associated with the communication field including answering services,
radio services, cellular telephone services, etc.
2-2.66 Congregate housing. Any dwelling containing more than two (2) dwelling
units.
2-2.67 Cul-de-sac. A short street having but one (1) end open to traffic and the
other end being permanently or temporarily terminated in which a
vehicular turnaround is provided.
2-2.68 Curb cut. A lowered or cut -away curb for purposes of ingress and egress for
vehicles to property abutting a public street.
2-2.69 Dedication. A transfer, by the owner, of a right to use land for stated
purposes. Because a transfer of property rights is entitled, dedication must
be made by written instrument, and is completed by an acceptance.
2-2.70 Density. The number of dwelling units permitted per net acre of land.
2-2.71 Deteriorated. A dwelling that is unfit for human habitation and can be
repaired, altered, or improved to comply with all of the minimum
standards established by this Ordinance at a cost not in excess of fifty (50)
percent of its value, as determined by finding of the inspector.
2-2.72 Development. Any man-made change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials.
2-2.73 Dilapidated. A dwelling that is unfit for human habitation and cannot be
repaired, altered, or improved to comply with all of the minimum
standards established by this Ordinance at a cost not in excess of fifty (50)
percent of its value, as determined by finding of the inspector.
2-2.74 Discontinue. To visibly break the continuity; cease to operate, administer,
use, produce, or take.
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2-2.75 District, zoning. A section of the Town of Morehead City within which the
zoning regulations are uniform.
2-2.76 Dormitory. A building used as living quarters for persons comprising a
student body or a religious order or receiving resident care; i.e., an
accessory use for a college, boarding school, orphanage, convent,
monastery, or other principal institutional use.
2-2.77 Dry cleaning/loundry establishment. A laundromat which is primarily self-
service and/or has a laundering/dry cleaning service available for walk-in
customers.
2-2.78 Duplex. Refer to dwelling, two-family (duplex).
2-2.79 Dwelling. A building or portion thereof used exclusively for residential
purposes, including one -family, two-family, and multiple -family dwellings,
but not including hotels and boardinghouses.
2-2.80 Dwelling, multifamily. A residence designed for or occupied by three (3) or
more families, with separate housekeeping and cooking facilities for each,
including apartments, hotel apartments, and group housing projects,
(including some forms of unit ownership (condominium) development and
townhouse development).
2-2.81 Dwelling, single-family, detached. A detached residence, other than a mobile
home, designed for or occupied by one family, entirely surrounded by open
space.
2-2.82 Dwelling, two-family (duplex). A residence designed for or occupied by two
(2) families, with separate housekeeping and cooking facilities for each.
2-2.83 Dwelling unit. A building or portion thereof providing complete living
facilities for one family.
2-2.84 Easement. A grant by the property owner of land for a specified use by
another.
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2-2.85 Elevated building. A non -basement building (a) built, in the case of a
building in Zones Al-A30, AE, A, A99, A0, AH, B, C, or X to have the top of
the elevated floor, or in the case of a building in Zones Vt-V30, VE, or V to
have the bottom of the lowest horizontal structural member of the
elevated floor above the ground by means of pilings, columns (posts and
piers), shear walls parallel to the flow of water and, (b) adequately
anchored so as not to impair the structural integrity of the building during
a flood up to the magnitude of the base flood. In the case of Zones A1-
A30, AE, A, A99, A0, AH, B, C, and X, "elevated building" also includes a
building elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of flood waters.
In the case of Zones Vt-V30, VE, or V, "elevated building" also includes a
building otherwise meeting the definition of "elevated building", even
though the area below is enclosed by means of breakaway walls if the
breakawaywalls meet the standards ofArticle 18-4.3(H) of this Ordinance.
2-2.86 Emergency shelter mission. A nonprofit, charitable, or religious organization
providing boarding and/or lodging and ancillary services on its premises to
primarily indigent, needy, homeless, or transient persons. Soup kitchens
shall be included within this definition (see Article 14-22).
2-2.87 Existing construction. For the purposes of determining rates, structures for
which the start of construction commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date.
"Existing construction" may also be referred to as "existing structures."
2-2.88 Existing manufactured home park or manufactured home subdivision. A
manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) is completed before November 10, 1977.
2-2.89 Expansion to an existing manufactured home park or subdivision. The
preparation of additional sites bythe construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete slabs).
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2-2.90 Extermination. The control and extermination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making in
accessible materials that may serve as their food; by poisoning, spraying,
fumigating, or trapping; or by any other recognized and legal pest
elimination methods.
2-2.91 Fabricating shop. A shop which assembles prepared parts into finished
products. This definition does not include the manufacturing of the
prepared parts.
2-2.92 Facade. The exterior wall of a building exposed to public view or that wall
viewed by persons not within the building.
2-2.93 Family. One or more persons occupying a premises and living as a single
housekeeping unit, as distinguished from a group occupying a
boardinghouse, fraternity, or sorority house or a hotel.
2-2.94 Family care home. A home:1) with support and supervisory personnel; and
2) providing room and board, personal care, and habilitation services in a
family environment for not more than six (6) resident handicapped persons.
Handicapped persons are defined in G.S. 168-21(2) (see Article 14-7).
2-2.95 Family shelter home. A home providing temporary shelter for not more than
nine (9) persons who are victims of domestic violence as defined by G.S.
5013-1, together with not more than two (2) persons providing supervision
and other services to such persons, all of who live together as a single
housekeeping unit.
2-2.96 Farmer's market. An open air market in which fresh produce is sold.
2-2.97 Fence. A structure, other than a building, which is a barrier and used as a
boundary or means of protection or confinement. This definition includes
chain -link, split rail, and other types of open fences unless otherwise
specified.
2-2.98 Financial institution. An establishment which conducts business involving
the circulation of money, the granting of credit, the making of investments,
and the provision of banking facilities.
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2-2.99 Flea market. An occasional or periodic sales activity held within a building,
structure, or open area where groups of individual sellers offer goods, new
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and used, for sale to the public, not to include private yard sales.
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2-2.100 Flood or,/looding. A general and temporary condition of partial or complete
inundation of normally dry land areas from: (a) the overflow of inland or
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tidal waters; and, (b) the unusual and rapid accumulation of runoff of
surface waters from any source.
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2-2.101 Flood Hazard Boundary Map (FHBM). An official map of community, issued
by the Federal Emergency Management Agency, where the boundaries of
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the areas of special flood hazard have been defined as Zone A.
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2-2.102 Flood Insurance Rate Map (FIRM). An official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas
of special flood hazard and the risk premium zones applicable to the
community.
2-2.103 Flood Insurance Study. The engineering study performed by the Federal
Emergency Management Agency to identify flood hazard areas, flood
insurance risk zones, and other flood data in a community. The study
includes Flood Boundary and Floodway Maps (FBFMs), Flood Hazard
Boundary Maps (FHBMs), and/or Flood Insurance Rate Map (FIRMS).
2-2.104 Floodplain. That area which experience has shown to be or which expert
opinion holds likely to be, subject to high water conditions connected with
tide, storm, or seasonal changes. Floodplains for the town are delineated
on maps provided by the Federal Emergency Management Agency pursuant
to the National Flood Insurance Act and the Flood Disaster Protection Act.
2-2.105 Floodway. The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one
foot.
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2-2.106 Floor. The top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top of wood
flooring in wood frame construction. The term does not include the floor
of a garage used solely for parking vehicles.
2-2.107 Floor area, gross. The sum of the areas of the several floors of a building,
including areas used for human occupancy, including basements, attics,
and penthouses, as measured from the exterior faces of the walls. It does
not include cellars, unenclosed porches, or attics not used for human
occupancy or any floor space in accessory buildings, in the main building
intended and designed for the parking of motor vehicles in order to meet
the parking requirements of this Ordinance, or any such floor space
intended and designed for accessory heating and ventilating equipment.
It shall include the horizontal area at each floor level devoted to stairwells
and elevator shafts.
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2-2.108 Floorarea ratio (FAR). The maximum square foot amount of total floor area '
including all stories permitted for each square foot of ground area.
2-2.109 Frontage. The distance between the two (2) side lot lines as measured
along the street right-of-way line. For the purposes of determining yard
requirements on corner lots, all sides of a lot adjacent to streets shall be
considered frontage.
2-2.110 Frontage road. A local street or road that is parallel to a full or partial
access controlled facility and functions to provide access to adjacent land.
2-2.111 Functionally dependent facility. A facility which cannot be used for its
intended purpose unless it is located or carried out in close proximity to
water, such as a docking or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding, ship repair, or seafood
processing facilities. The term does not include long-term storage,
manufacture, sales, or service facilities.
2-2.112 Garage, public. Any building or premises used for the storage of motor
vehicles for profit.
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2-2.113 Garbage. The animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of food.
2-2.114 Habitable room. A room or enclosed Floor space used or intended to be
used for living, sleeping, cooking, or eating purposes, excluding
bathrooms, water closet compartments, laundries, pantries, foyers or
communicating corridors, closets, and storage spaces.
2-2.115 Health/recreationalfacility. Indoor facilities operated to provide exercise and
health improvement opportunities and which may include, but are not
limited to, gymnasiums, diet centers, weight training, exercise, racquetball,
tennis, swimming pool, and related activities. This use is categorized as
a For -Profit Recreational Use, Indoor.
2-2.116 Highest adjacentgrade. The highest natural elevation of the ground surface,
prior to construction, next to the proposed walls of the structure.
2-2.117 Historic structure. Any structure that is: (a) listed individually in the National
Register of Historic Places (a listing maintained by the US Department of
Interior) or preliminarily determined by the Secretary of Interior as meeting
the requirements for individual listing on the National Register; (b) certified
or preliminarily determined by the Secretary of Interior as contributing to
the historical significance of a registered historic district or a district
preliminarily determined bythe Secretaryto qualify as a registered historic
district; (c) individually listed on a State inventory of historic places; (d)
individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified (1) by an
approved state program as determined by the Secretary of Interior, or (2)
directly by the Secretary of Interior in states without approved programs.
2-2.118 Home occupation. An occupation, profession, activity, or use that is clearly
a customary, incidental, and secondary use of a residential dwelling unit
and which does not alter the exterior of the property or affect the
residential character of the neighborhood (see Article 14-10).
2-2.119 Homeowners' or Property Owners' Association. An organization of
homeowners or property owners owning real property, residing or
operating a business within a particular subdivision or planned
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development whose major purpose is to maintain and provide community '
facilities, services, or land for the common use of the residents or property
owners of that subdivision or planned development. '
2-2.120
Impervious surface. The portion of project that is covered by impenetrable
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or partially impenetrable cover, including buildings, pavement, recreation
facilities, etc., but not including wood decking.
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2-2.121
Industry, heavy. A use engaged in the basic processing and manufacturing
of materials or products predominantly from extracted raw materials, or
,
a use engaged in storage of, or manufacturing processes using Flammable
or explosive materials, or storage or manufacturing processes that
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potentially involve hazardous or commonly recognized offensive conditions
such as noise, waste, odor, vibration, etc.
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2-2.122
Industry, unoffensive. A use engaged in the manufacture, predominantly
from previously prepared materials, of finished products orparts, including
,
fabrication, assembly, treatment, packaging, incidental storage, sales and
distribution of such products, but excluding basic industrial processing.
'
2-2.123
Infestation. The presence within or around a dwelling of any insects,
rodents, or other pests.
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2-2.124
Inspector. The town building inspector appointed as such to administer
Article 23 and including any agent of the inspector who is authorized by
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the inspector.
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2-2.125
Institution of higher learning. A college, university or trade school.
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2-2.126
Junk. Old, dilapidated, scrap, or abandoned metal, paper, building material
and equipment, bottles, glass, appliances, furniture, beds and bedding,
'
rags, rubber, motor vehicles, and parts thereof.
2-2.127 Junked motor vehicle. As authorized and defined in G. S. Section 160A-303.2, '
the term, junked motor vehicle means a vehicle that does not display a
current license plate lawfully upon that vehicle and: '
(A) Is partially dismantled or wrecked; or ,
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(B) Cannot be self-propelled or moved in the manner in which it
originally was intended to move; or
(C) Is more than five (5) years old and appears to be worth less than
one hundred dollars (5100.00).
2-2.128 Junkyard. Use of property for indoor and/or outdoor storage, sale, or resale
of junk including scrap metal, rags, paper or other scrap materials, used
lumber, salvaged house wrecking and structural steel, materials and
equipment, or for the dismantling, demolition, or abandonment of
automobiles and boats or other vehicles or machinery or parts thereof.
2-2.129 Kennel. An establishment licensed to operate a facility housing dogs, cats,
or other household pets and where grooming, breeding, boarding, training,
or selling of animals is conducted as a business (see Article 14-19).
2-2.130 Land Use Administrator. The city manager or his/her designee, the agent for
administration and enforcement of these regulations.
2-2.131 Lot. A parcel of land of at least sufficient size to meet the minimum zoning
requirements for use, coverage, and area and to provide such yards and
other open spaces as are herein required. Such lot may consist of. a) a
single lot of record; b) a portion of a lot of record; c) a combination of
complete lots of record, a complete lot of record and portions of lots of
record, or portions of lots of record; or d) a parcel of land described by
metes and bounds; but in no case of division or combination shall any
residual parcel be created which does not meet the requirements of this
Ordinance (see Article 2-1.9).
2-2.132 Lot, corner. A lot which has at least two (2) adjacent sides abutting for their
full lengths on a street, providing that the interior angle at the intersection
of such two (2) sides is less that one hundred thirty-five (135) degrees. For
the purposes of defining setbacks, a corner lot shall have two (2) front lot
lines and two (2) side lot lines.
2-2.133 Lot coverage. That portion of an individual lot that is covered by a building
or roof area, but not including decking as defined in 15 NCAC 21-1.1000
(Stormwater Runoff Disposal).
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2-2.134 Lot depth. The mean horizontal distance between front and rear lot lines.
2-2.135 Lot, interior. A lot other than a corner lot with only one (1) frontage on a
street.
2-2.136 Lot line. A line dividing one lot from another lot or from a street or alley.
2-2.137 Lot line, front. The line dividing a street right-of-way from a lot as defined
in this Ordinance. All lot lines which are parallel to the street right-of-way
shall be considered front lot lines.
2-2.138 Lot line, rear. The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line.
2-2.139 Lot line, side. Any lot line not a front or rear lot line.
2-2.140 Lot of record. A lot which is apart of a subdivision or plat which has been
recorded in the office of the register of deeds of Carteret County, or a lot
described by metes and bounds, the description of which has been so
recorded in the office of the register of deeds.
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2-2.141 Lot, reversed frontage. A lot which has frontage on two (2) or more streets ,
with access restricted to a subordinate street.
2-2.142 Lot, single -tiered. A lot which backs up to a limited access highway, a
railroad, a physical barrier, or another type of land use and to which access '
from the rear is usually prohibited.
2-2.143 Lot, substandard. A lot or parcel of land that has less than the required '
minimum area or width as established by the zone in which it is located
and provided that such lot or parcel was of record as a legally created lot '
on the effective date of the Ordinance codified in this title.
2-2.144 Lot, through or double frontage. A lot other than a corner lot with frontage ,
on more than one (1) street. Through lots abutting two (2) streets may be
referred to as double frontage lots. ,
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2-2.145 Lot width. The horizontal distance between the side lot lines measured at
the required front setback line.
2-2.146 Lowestjloor. For floodplain management and flood insurance purposes, the
lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access, or storage in an area other than a basement area
is not considered a building's lowest floor provided that such an enclosure
is not built so as to render the structure in violation of the applicable non -
elevation design requirements of this ordinance.
2-2.147 Maintenance guarantee. A guarantee of facilities or work to ensure the
correction of any failures of any improvements required pursuant to this
Ordinance and regulations or to maintain the same.
2-2.148 Major and/or multi -unit development. Development consisting of. 1)
structures on a tract of three (3) acres or more; and/or 2) nonresidential
structures having a total floor area of two thousand five hundred (2,500)
square feet or more.
2-2.149 Manufactured home. A structure which is transportable in one or more
sections, built on a permanent chassis to HUD standards and designed to
be used as a dwelling with or without a permanent foundation when
connected to the required utilities. The term "manufactured home" does
not include a "recreational vehicle."
2-2.150 Manufactured home park. A parcel of land under unified control that has
been planned and improved forthe placement ofmanufactured housing for
dwelling purposes (see Article 14-14).
2-2.151 Marina, commercial. Any dock or basin and associated structures providing
permanent or temporary commercial harboring of ten (10) or more
commercial and/or pleasure boats and providing services related to the
facility including, but not limited to, fuel sales, retail and food sales,
drystack boat storage, and other related services (see Article 14-24).
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2-2.152 Marine storage/repair yard. An establishment where the following services
are available: boat building, boat storage, marine engine overhaul and
repair, and boat repairs, painting, and customizing.
2-2.153 Massage parlor. An establishment where, for any form of consideration,
massage, alcohol rub, fomentation, electric or magnetic treatment, or
similar treatment or manipulation of the human body is administered,
unless such treatment or manipulation is administered by a medical
practitioner, chiropractor, acupuncturist, physical therapist, or similar
professional person licensed by the state. This definition does not include
an athletic club, health club, school, gymnasium, reducing salon, spa, or
similar establishment where massage or similar manipulation to the human
body is offered as an incidental or accessory use. This use shall be
considered as an adult establishment (see Article 14-28).
2-2.154 Mean sea level. For purposes of the NFIP, the National Geodetic Vertical
Datum (NGVD) of 1929 or other datum, to which base flood elevations
shown on a FIRM are referenced.
2-2.155 Minimum building setback line. A line parallel to a property line in which no
structure shall be erected.
2-2.156 Mobile home. Refer to manufactured home.
2-2.157 Mobile home park. Refer to manufactured home park.
2-2.158 Motel (hotel, motor inn). A facility offering transient lodging
accommodations on a daily rate to the general pubic, which may provide
additional services, such as restaurants, meeting rooms, and recreational
facilities.
2-2.159 Motor vehicle or vehicle. All machines designed or intended to travel over
land by self -propulsion or while attached to any self-propelled vehicle.
2-2.160 Motor vehicle sales. The sale of any vehicle which requires the obtaining of
a title from the North Carolina Division of Motor Vehicles.
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2-2.161 National Geodetic Vertical Datum (NGVD). A vertical control used as a
reference for establishing varying elevations within the floodplain.
2-2.162 New construction. For floodplain management purposes, structures for
which the "start of construction" commenced on or after the effective date
of this Ordinance and includes any subsequent improvements to such
structures.
2-2.163 New manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum,
the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete slabs) is completed on or after
November 10, 1977.
2-2.164 Nonconforming building or use. Any legally existing building or use which
fails to comply with the provisions of this Ordinance.
2-2.165 Nonconforming lot. A lot which does not conform to the size requirements
of this Ordinance for the district in which it is located, either at the
effective date of this Ordinance or as a result of subsequent amendments
which may be incorporated.
2-2.166 Nonconforming structure. Any building that does not meet the limitations on
building size, height, and/or location on a lot for the district in which such
building is located or the use to which such building is being put.
2-2.167 Nonconforming use. A lawful use of land that does not comply with the use
regulations for its zoning district but which complied with applicable
regulations at the time the use was established.
2-2.168 Nuisance vehicle. A vehicle on public or private property that is determined
and declared to be a health or safety hazard, a public nuisance, or unlawful,
including a vehicle found to be:
(A) A breeding ground or harbor for mosquitoes, other insects, rats, or
other pests; or
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(B) A point of heavy growth of weeds or other noxious vegetation over
eight (8) inches in height; or
(C) A point of collection of pools or ponds of water; or
(D) A point of concentration of quantities of gasoline, oil, or other
Flammable or explosive materials as evidenced by odor; or
(E) One which has areas which cannot be operated from the inside,
such as trunks, hoods, etc.; or
(F) So situate or located that there is a danger of it falling or turning
over; or
(G) One which is a point of collection of garbage, food waste, animal
waste, or any other rotten or putrescible matter of any kind; or
(H) One which has sharp parts thereof which are jagged or contain
sharp edges of metal or glass; or
(1) One used by vagrants or others as a shelter or rendezvous; or
Q) Any other vehicle specifically declared a health and safety hazard
and a public nuisance by the City Council.
(Ord. No. 1991-14, § 2, 7-25-91)
2-2.169 Nursing home (convalescent home, rest home)/Assisted living facility. A health
facilitywhere persons are housed and furnished with meals and continuing
nursing care for compensation.
2-2.170 Occupant. Any person over one (1) year of age living, sleeping, cooking, or
eating in, or having actual possession of, a dwelling unit or rooming unit.
2-2.171 Office. A building or portion of a building wherein services are performed
involving predominantly administrative, professional, or clerical
operations.
2-2.172 Official maps orplans. Any map or plans officially adopted by the Morehead
City Council.
2-2.173 Open space. An area that is intended to provide light and air and is
designed for either environmental, scenic, or recreational purposes. Open
space may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas, and watercourses. Open space shall not
be deemed to include driveways, parking lots, or other surfaces designed
or intended for vehicular travel and power line rights -of -way.
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2-2.174 Open space, common. Open space within or related to a development, not
in individually owned lots or dedicated for public use, but which is
designed and intended for the common use or enjoyment of the residents
of the development.
2-2.175 Openable area. That part of a window or door available for unobstructed
ventilation and which opens directly to the outdoors.
2-2.176 Operator. Any person who has charge, care, or control of a building or part
thereof in which dwelling units or rooming units are let.
2-2.177 Outdoor storage. The keeping of any goods, material, merchandise, or
vehicles in the same place for more than twenty-four (24) hours in an
unenclosed area which is subject to the weather.
2-2.178 Owner. Any persons who alone or jointly or severally with others shall:
(1) Have title to any dwelling or dwelling unit, with or without
accompanying actual possession thereof; or
(2) Have charge, care, or control of any dwelling or dwelling unit, as
owner or agent of the owner, or as executor, executrix,
administrator, administratrix, trustee, or guardian of the estate of
the owner. Any such person thus representing the actual owner
shall be bound to complywith the provisions of this Ordinance, and
of rules and regulations adopted pursuant to this Ordinance, to the
same extent as if he were the owner.
2-2.179 Park. Any public or private land or combination of land and water
resources available for recreational, educational, cultural, or aesthetic use.
This use is considered a recreation use, nonprofit.
2-2.180 Parking facility. An area where motor vehicles may be stored for the
purposes of temporary, daily, or overnight off-street parking. This
definition includes open parking lots aswell as a publicgarage and parking
deck.
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2.2.181 Parking, shared. The development and use of parking areas on two (2) or ,
more separate properties for joint use by the businesses on those
properties. ,
2-2.182 Parking space. An unobstructed space or area other than a street or alley '
that is permanently reserved and maintained for the parking of one motor
vehicle.
2-2.183 Parties in interest. All individuals, associations, and corporations that have
interests of record in a dwelling and any that are in possession thereof.
2-2.184 Performance guarantee. A financial guarantee to ensure that all
improvements, facilities, or work required by this Ordinance will be
completed in compliance with the Ordinance, regulations, and the
approved plans and specifications of a development.
2-2.185 Personal services. This classification shall include barber/beauty shops,
tanning salons, and similar uses.
2-2.186 Planned development. A planned development is: a) land under unified
control, to be planned and developed as a whole; b) in a single
development operation or a definitely programmed series of development
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operations, including all lands and buildings; c) for principal and accessory
structures and uses substantially related to the character and purposes of
the district; d) developed according to detailed plans that include, but are
not limited to, streets, utilities, lots, or building sites and the like and for
all buildings as intended to be located, constructed, used, and related to
each other; e) designed with a program for provision, operation, and
maintenance of such areas, facilities, and improvements as will be for
common use by some or all of the occupants of, or visitors to, the district,
but such program will not be provided, operated, or maintained at general
public expense.
2-2.187 Plat. A map or plan of a parcel of land which is to be, or has been ,
subdivided.
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2-2.188 Plumbing. All of the following supplied facilities and equipment: gas pipes,
gas -burning equipment, water pipes, mechanical garbage disposal units
(mechanical sink grinders), waste pipes, water closets, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes -washing
machines, catch basin, drains, vents, and any other similar supplied
fixtures, together with all connections to the water, sewer, or gas line.
2-2.189 Primary frontal dune. A continuous or nearly continuous mound or ridge of
sand with relatively steep seaward and landward slopes immediately
landward and adjacent to the beach and subject to erosion and over-
topping from high tides and waves during major coastal storms. The
inland limit of the primary frontal dune occurs at the point where there is
a distinct change from a relatively steep slope to a relatively mild slope.
2-2.190 Principal building. A building wherein the primary use of the lot is
conducted.
2-2.191 Principal use. The main use of land or structures, as distinguished from a
secondary or accessory use.
2-2.192 Public authority. Any officer who is in charge of any department or branch
of the government of the town or of the state relating to health, fire,
building requirements, or other activities concerning dwellings in the town.
2-2.193 Public officer. The officer or officers who are authorized by ordinances
adopted hereunder to exercise the powers prescribed by this Ordinance.
2-2.194 Public sewage disposal system. A system serving two or more dwellings or
commercial units and approved by the town, Carteret County Health
Department, Department of Environment and Natural Resources, and/or
other appropriate governmental agencies.
2-2.195 Public utilitybuilding/use. Any building or use connected with a public utility
which is defined as a business organization, such as an electric, phone, or
water company, which performs a public service and is subject to special
governmental regulation.
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2-2.196 Recreation area or park. An area of land or combination of land and water
resources that is developed for active and/or passive recreation pursuits
with various manmade features that accommodate such activities.
2-2.197 Recreation, passive. A leisure activity which occurs outdoors and is
conducted with minimal impact to the natural environment. Examples
include: walking trails, picnic areas, etc.
2-2.198 Recreation use, for -profit. An indoor or outdoor recreation use, unless
otherwise specified, owned by an entity other than a not -for -profit
corporation.
2-2.199 Recreation use, nonprofit. An indoor or outdoor recreation use, unless
otherwise specified, owned by a not -for -profit corporation, according to
the laws of North Carolina.
2-2.200 Recreational vehicle. A vehicle which is: (a) built on a single chassis; (b) 400
square feet or less when measured at the largest horizontal projection; (c)
designed to be self-propelled or permanently towable by a light duty truck;
and, (d) designed primarily not for use as a permanent dwelling, but as
temporaryliving quarters for recreational, camping, travel, or seasonal use.
2-2.201 Recycling center. A building in which used material is separated and
processed prior to shipment to others who will use those materials to
manufacture new products.
2-2.202 Recycling, collection point. A designated use that serves as a neighborhood
drop-off point for temporary storage of recoverable resources. No
processing of such items would be allowed. This facility would generally
be located in a shopping center parking lot or in other public/quasi-public
areas, such as at churches and schools.
2-2.203 Recycling plant. A facility that is not a junkyard and in which recoverable
resources, such as newspaper, magazines, books and other paper products,
glass, metal cans, and other products are recycled, reprocessed, and
treated to return such products to a condition in which they may again be
used for production.
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2-2.204 Referencefeature. The receding edge of a bluff or eroding frontal dune or,
if such a feature is not present, the normal highwater line or the seaward
line of permanent vegetation if highwater line cannot be identified.
2-2.205 Remedy a violation. To bring the structure or other development into
compliance with State or local floodplain management regulations, or, if
this is not possible, to reduce the impacts of its noncompliance. Ways that
impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement
provisions ofthe ordinance or otherwise deterring future similar violations,
or reducing Federal financial exposure with regard to the structure or other
development.
2-2.206 Repair. The replacement of existing work with the same kind of material
used in the existingwork, not including additional work thatwould change
the structural safety of the building or that would affect or change required
existing facilities, a vital element of an elevator, plumbing, gas piping,
wiring, or heating installations, or thatwould be in violation of a provision
of law or ordinance. The term "repair" or "repairs" shall not apply to any
change in construction.
2-2.207 Required. Required by some provision of this Ordinance.
2-2.208 Reservation. An obligation to keep property free from development for a
stated period of time or indefinitely.
2-2.209 Residential occupancy. Buildings in which families or households live or in
which sleeping accommodations are provided and all dormitories shall be
classified as "residential occupancy." Such buildings include, among
others, the following: dwellings, multi -family dwellings, and lodging
houses.
2-2.210 Restaurant. An establishment designed, in whole or in part, to cater to or
accommodate the consumption of food and/or beverage on premises.
2-2.211 Restaurant, drive-in. An establishment designed, in whole or in part, to cater
to or accommodate the consumption of food and/or beverages in
automobiles on or off the premises.
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2-2.212 Retail and wholesaling, indoor. An establishment which sells items at retail
or wholesale wholly within an enclosed building.
2-2.213 Roominghouse. Any dwelling, or that part of any dwelling containing one
(1) or more rooming units, in which space is let by the owner or operator
to three (3) or more persons who are not husband and wife, son or
daughter, mother or father, or sister or brother of the owner or operator.
2-2.214 Rooming unit. Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking or
eating purposes.
2-2.215 Rubbish. Combustible and noncombustible waste materials except garbage.
The term shall include the residue from the burning of wood, coal, coke,
and other combustible material, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal
mineral matter, glass, crockery, and dust.
2-2.216 Satellite dish antenna. A device incorporating a reflective surface and is in
the shape of a shallow dish or cone. Such device is used to transmit and/or
receive radio or electromagnetic waves from satellites. Generally
considered an accessory use.
2-2.217 School, private. An organization which provides education which is not
under the control of the Carteret County Board of Education, serving
grades kindergarten through 12.
2-2.218 School, public. An organization which provides education which is under
the control of the Carteret County Board of Education, serving grades
kindergarten through 12.
2-2.219 Seating capacity. The actual seating capacity of an area based upon the
number of seats or one seat per eighteen (18) inches of bench or pew
length.
2-2.220 Self-service storage facility. A building consisting of individual, small, self-
contained units that are leased or owned for the storage of business and
household goods or contractors supplies.
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2-2.221 Setback line. The line on the front, rear, and sides of a lot set according to
the zoning district regulations, which delineates the area upon which a
structure may be built and maintained.
2-2.222 Shopping center. A grouping of retail business and service uses on a single
site with common off-street parking and loading facilities provided on the
property.
2-2.223 SIC. Standard Industrial Classification (see Appendix 1).
2-2.224 Sign. Any words, lettering, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, structures, designs, trade names, or
trademarks by which anything is made known such as are used to
designate an individual, firm, an association, a corporation, a profession,
a business, or a commodity or product,which are used to attract attention.
2-2.225 Sign area. The entire area within a single continuous rectangle enclosing
the extreme limits of such sign where writing, representation, emblem, or
other display together with any material or color forming an integral part
of the background may be placed; and in no case passing through or
between any adjacent elements of same. However, such perimeter shall
not include any structural or framing elements lying outside the limits of
such sign and not forming an integral part of the display. Sign area shall
be the same as sign face.
2-2.226 Sign, awning. A sign painted or otherwise applied to the surface of an
awning.
2-2.227 Sign, banner. A strip of cloth or other material on which a sign is drawn,
written, or painted that is temporarily displayed.
2-2.228 Sign, building directory. A sign identifying the locations of buildings on site.
2-2.229 Sign, canopy roof. A permanent decorative porch or walkway cover other
than an awning, which is attached to a building or supported by columns,
extending to the ground.
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2-2.230 Sign, changeable copy. Any sign where letters or numbers displayed on the ,
sign can be changed periodically on the sign to display different messages.
2-2.231 Sign, construction. Asign which identifies architects, engineers, contractors,
and other individuals or firms involved with construction on the premises,
the name of the building or development, the intended purpose of the
building, and/or the expected completion date.
2-2.232 Sign, electronic message board/digital marquee. A sign conveying a message
in an electronic format.
2-2.233 Sign face. The informational area of a sign.
2-2.234 Sign, flag. A piece of fabric of distinctive design that is used as a symbol or
as a signaling device.
2-2.235 Sign, freestanding. A sign that is not attached to a building and is
permanently attached to the ground by one or more supports.
2-2.236 Sign, governmental flag. For the purposes of this Ordinance, a governmental
flag is defined as an American, North Carolina, or Morehead City flag or a
governmentally affiliated military flag (i.e., Marine, Air Force, Navy, Army,
Coast Guard, POW/MIA, etc.) or a flag representing a civic or fraternal
organization.
2-2.237 Sign height. The height of a sign shall be the vertical distance from normal
grade to the highest point of the sign. Any berming or filling or excavating
solely for the purpose of locating the sign shall be computed as a part of
the sign height.
2-2.238 Sign, illegal. Any existing sign for which a permit has not been issued by
the Town of Morehead City or other local government pursuant to
applicable local ordinances, or, if issued, has expired.
2-2.239 Sign, inflatable display. A display used to attract attention to an event that
is gas or air -filled.
2-2.240 Sign, legal. Any sign not an illegal sign.
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' 2-2.241 Sign, menu board. A board advertising a product offered at a drive-thru.
'
2-2.242
Sign, noncommercial. A sign that is not an on -premises or off -premises sign
and which carries no message, statement, or expression related to the
'
commercial interests of the sign owner, lessee, author, or other person
responsible for the sign message. Noncommercial signs include, but are
not limited to, signs expressing political views, religious views, or signs of
non-profit organizations related to their tax-exempt
purposes.
2-2.243
Sign, nonconforming. A legally erected sign that does not comply with the
provisions of Article 19 solely due to the enactment of an amendment to
the article shall, upon the effective date of such amendment, become a
nonconforming sign.
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2-2.244
Sign, non governmental flag. Any flag not considered a governmental flag
per this Ordinance.
2-2.245
Sign, obsolete. A sign related to or identifying a business or activity which
has not been conducted on the premises for six (6) months, or to a
transpired election or event, or to a political party or non-profit
organization that no longer exists; in addition, the structure for a sign that
is not allowed under this Ordinance if such structure cannot be used for a
legal use or does not comply with the height, size, physical location, or
other physical requirements of this Ordinance.
2-2.246
Sign, off -premise. A sign that directs attention to a commodity or activity
located primarily off the parcel where the sign is located.
2-2.247
Sign, off -premise (tri-view). An off -premise sign on which each face
intermittently rotates with a maximum of three faces per side.
2-2.248
Sign, on premise. A sign that advertises or directs attention to a business,
commodity, or service conducted, offered, or sold on the premises.
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Principal use signs are considered on -premise signs.
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2-2.249
Sign, outdoor advertising. Refer to sign, off -premise.
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2-2.250 Sign, portable. Any sign not permanently attached to the ground or other
permanent structure including, but not limited to, signs with attached
wheels; converted to A or T frame signs; sandwich board signs; signs
,
attached or painted on vehicles parked and visible from the right-of-way
(unless said vehicle is used as a vehicle in the normal day to day operations
,
of the business).
2-2.251
Sign, projecting. A sign forming an angle with a building, which extends
'
beyond the exterior wall of the building and is attached to and supported
by the building.
2-2.252
Sign, public. A sign erected by or on behalf of a governmental body to post
a legal notice, identify public property, convey public information, and
direct or regulate pedestrian or vehicular traffic.
,
2-2.253
Sign, roof. Any sign attached to the roof of a building.
2-2.254
Sign, suspended. A sign that is attached to the underside of a horizontal
plane or arm and is supported by the horizontal plane.
'
2-2.255
Sign, special event. A sign advertising events such as the Seafood Festival,
Big Rock Blue Marlin Tournament, and other similar happenings.
'
2-2.256
Sign, temporary. Any sign which is intended for temporary use or which is
'
not permanently mounted nor intended for an indefinite period of time.
2-2.257 Sign, wall. Any sign, other than a projecting sign, which is attached to or ,
painted on any wall of any building and which may project from the plane
of the wall less than 12 inches. This definition shall not include '
freestanding walls. A sign attached to the lower slope of a mansard or
canopy roof, or a sign affixed to or forming an awning or canopy, shall be
considered a wall sign for purposes of this Ordinance, notwithstanding the
fact that certain portions of such sign may project more than 12 inches.
For purposes of this Ordinance only, a "wall' shall include any permanent ,
architectural extension of wall, including parapets, even if such extension
projects beyond or above the enclosed portions of the building. For signs '
higher than the roof, see Section 19-3.2.
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2-2.258 Sign, window. Any sign that is not a temporary sign and which is attached
to, painted on, or etched into a window and is legible from outside the
'
window.
'
2-2.259 Site -specific development plan. A plan of land development submitted to the
town for the purpose of obtaining one of the following zoning or land use
'
permits or approval:
(A) Site development plan approval by the Planning Board as provided
in Article 12-1 of this Ordinance.
(B) Final approval by the Planning Board of a final plat of a subdivision
'
as provided in Article 4, Part I of this Ordinance.
(C) Approval of a multifamily site plan as provided in Article 13-2 of
this Ordinance.
'
(D) Approval of a residential multifamily district site plan as provided
in Article 4, Part 1 of this Ordinance.
(E) Approval of a special use permit by the Board of Adjustment in
accordance with Article 4-9 of this Ordinance.
'
(F) Approval of a commercial development plan in accordance with
Article 13, 14, 18, and 20 this Ordinance.
of
Such plans shall include the approximate boundaries of the site: significant
topographical and other natural features affecting the development site;
the approximate location on the site of the proposed buildings, structures,
and other improvements; the approximate dimensions, including the
height of the proposed buildings and other structures; and the
iapproximate
location of all existing and proposed infrastructure on the
site, including water, sewer, roads, and pedestrian walkways.
Notwithstanding the foregoing, neither a variance, a sketch plan nor any
'
other document that fails to describe with certainty the type and intensity
for
of use a specified parcel or parcels of property shall constitute a site
specific development plan.
'
2-2.260 Sixty (60) year setback. A distance equal to sixty (60) times the average
'
annual long-term recession rate at a site, measured from the reference
feature.
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2-2.261 Special privilege to use. Allowing an applicant to use the property in a
manner inconsistent with those uses permitted by the provisions ofArticle
11-1 of this Ordinance which would be applicable to the zoning district in
which the property is located.
2-2.262 Special use. A use that would not be appropriate generally as a right
without restrictions throughout a zoning district, but which, if controlled
as to number, area, location, or relation to the neighborhood, would
promote the public health, safety, morals, or the general welfare. Special
use permits are reviewed by the Board of Adjustment.
2-2.263 Stairway. One (1) or more flights of stairs and the necessary landings and
platforms connecting them, to form a continuous and uninterrupted
passage from one (1) story to another in a building or structure.
2-2.264 Start of construction. For other than new construction or substantial
improvements under the Coastal Barrier Resources Act, P.L. 97-348,
includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, or improvement was within 180
days of the permit date. The actual start means the first placement of
permanent construction of structure (including a manufactured home) on
a site, such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation or
the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading,
and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers or
foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of the building,
whether or not that alteration affects the external dimensions of the
building.
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2-2.265 Story. That portion of a building included between the surface of any floor
and the surface of the next floor above it, or if there is no floor above it,
then the space between such floor and the ceiling next above it.
2-2.266 Street. A dedicated right-of-way for vehicular traffic which affords the
principal means of access to abutting properties.
2-2.267 Street, local. A local street is any link not part of a higher order urban
system which serves primarily to provide direct access to abutting land and
access to higher systems.
2-2.268 Street, local residential. Cul-de-sacs, loop streets, and streets less than two
thousand five hundred (2,500) feet in length, or streets less than one (1)
mile in length that do not connect thoroughfares, or serve major traffic
generators, and do not collect traffic from more than one hundred (100)
dwellings.
2-2.269 Street, major thoroughfare. Major streets that provide for the expeditious
movement of volumes of traffic within and through urban areas.
2-2.270 Street, minor residential. A street serving primarily the lots or units in a
subdivision, planned development, or apartment complex. No
thoroughfares, highways, or state roads nor any street carrying or
anticipated to carry volume of traffic which is found by the Land Use
Administrator to be of such magnitude that to allow vehicles to back on to
it would endanger life or property shall be considered a minor street.
2-2.271 Street, minor thoroughfare. A street which performs the function of
collecting traffic from local access streets and carrying it to the major
thoroughfare system. It may supplement the major thoroughfare system
by facilitating minor through traffic movement and may also serve abutting
property.
' 2-2.272 Street, residential collector. A local access street which serves as a connector
street between local residential streets and the thoroughfare system.
' Residential collector streets typically collect traffic from one hundred (100)
to four hundred (400) dwelling units.
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2-2.273 Structure. Anything constructed or erected with a fixed location on or in
the ground or attached to something having more or less a fixed location
on or in the ground. Among other things, structures include buildings,
'
mobile homes, signs, etc.
2-2.274 Subdivider. Any person, firm, or corporation who subdivides or develops
any land deemed to be a subdivision as defined in this Ordinance.
'
2-2.275 Subdivision. All divisions of a tract or parcel of land into two (2) or more
lots or building sites, whether immediate or future, and shall include all
divisions of land involving the dedication of a new street or change in
existing streets; but the following shall not be included within this
'
definition nor be subject to any regulations enacted pursuant to this
Ordinance:
(A) 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 of Morehead City as shown in this
Ordinance;
'
(B) The division of land into parcels greater than ten (10) acres where
no street right-of-way dedication is involved;
(C) The public acquisition by purchase of strips of land for the
widening or opening of streets; and '
(D) The division of tract in single ownership whose entire area is not
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 and regulations
of the Town of Morehead City.
2-2.276 Subdivision, major. All subdivisions shall be considered major subdivisions '
except those defined as minor subdivisions in Article 4.
2-2.277 Subdivision, minor. The division of five (5) acres or less into five (5) or fewer '
lots and which creates no new public or private streets or roads, no right-
of-way dedication, and no new easements except for electrical, drainage, '
cable or telephone easements, and no utility extensions.
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2-2.278 Substandard dwelling or structure. A dwelling, dwelling unit, multi -family
dwelling, apartment house, or any other space used or intended to be used
as a habitable living space in any building or structure which does not meet
the basic minimum requirements of this Ordinance for such use.
2-2.279 Substantial damage. Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the
damage occurred. See definition of "substantial improvement".
2-2.280 Substantial improvement. Any repair, reconstruction, rehabilitation,
addition, or other improvement of structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the "start
of construction" of the improvement. This term includes structures which
have incurred "substantial damage", regardless of the actual repair work
performed. The term does not, however, include either: (1) any project of
improvement of a structure to correct existing violations of State or local
health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or, (2) any alteration of a historic
structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure.
2-2.281 Substantially improved existing manufactured home park or subdivision. Where
the repair, reconstruction, rehabilitation, or improvement of the streets,
utilities, and pads equals or exceeds 50 percent of the value of the streets,
utilities, and pads before the repair, reconstruction, or improvement
commenced.
2-2.282 Supplied. Paid for, furnished or provided by, or under the control of, the
owner or operator.
2-2.283 Temporary housing. Any tent, mobile home, or other structure used for
human shelter that is designed to be transportable and that is not attached
to the ground, to another structure or to any utilities system on the same
premises for more than thirty (30) consecutive days.
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2-2.284 Tourist home. A dwelling in which sleeping accommodations are provided
or offered to transient visitors for compensation.
2-2.285 Townhouse development. A townhouse development shall consist of one or
more residential structures comprised of three (3) or more attached single-
family residences, where land directly underneath each unit is sold with
that unit.
2-2.286 Townhouse lot. The area, when combined with one attached single-family
residence, which is sold fee simple within a townhouse development.
2-2.287 Townhouse plat. The entire development area as shown on an approved
preliminary plat.
2-2.288 Trailer. Anyvehicle, prefabricated vehicle, or prefabricated enclosure being
or resembling a trailer, whether designed for a special installation or not,
house car, camp car, house trailer, home trailer, home car, or any portable
or movable vehicle on or off wheels, skids, rollers, blocks, brick, wood,
steel, plastic, or aluminum, either self-propelled or propelled by any other
means whatsoever, which is u sed or designed to be used for residential,
living, sleeping, permanent office, commercial, or utility purposes, but not
including those vehicles primarily designed for the transportation ofgoods.
2-2.289 Trailer, overnight camping. A vehicular -type unit primarily designed as
temporary living quarters for recreational, camping, or travel use, which is
mounted on or drawn by another vehicle. The basic entities are: travel
trailer, camping trailer and truck camper.
2-2.290 Trailer park, camp or court. Land use or intended to be used, owned, leased,
or rented for occupancy by six (6) or more trailers which are mounted on
wheels, anchored in place by a foundation or other stationary supports, to
be used for living or commercial quarters of any kind, together with
automobile parking space and incidental utility structures and facilities
required and provided in connection therewith. This definition shall not
include trailer sales lots on which unoccupied trailers are parked for
purposes of inspection and sales.
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2-2.291
Trailer
park, overnight camping (campground). An approved site, tract of land,
or lot upon which not less than two (2) overnight campsites and/or
'
overnight trailers occupied for temporary shelter, dwelling, recreational,
or vacation uses may be located, regardless of whether or not a charge is
made for such services. This use shall be classified under recreation use,
for profit.
2-2.292
Unfit for human habitation. That conditions exist in a dwelling that violate
or do not complywith one (1) or more of the minimum standards of fitness
'
or one (1) or more of the requirements established by this Ordinance.
2-2.293
Unit-ownership(condominium)development. Aprojectoftwo(2)ormoreunits
in one or more buildings designed and constructed for unit -ownership
submitted under Section 3 of the North Carolina Unit -Ownership Act and
'
other applicable regulations.
'
2-2.294
Variance. Where, owing to conditions peculiar to the property and not the
result of the actions of the applicant, a literal enforcement of the
'
regulations would result in unnecessary and undue hardship, a variance
be
may granted only by the Board of Adjustment which must adhere to
certain rules and regulations as set forth in Article 3-7.3.
'
2-2.295
Ventilation. The process of supplying and removing air by natural or
'
mechanical means to or from any space.
2-2.296
Violation. The failure of a structure or other development to be fully
tcompliant
with the community's Floodplain management regulations. A
structure or other development without the elevation certificate, other
certifications, or other evidence ofcompliance required in Articles 18-3 and
184 is presumed to be in violation until such time as that documentation
'
is provided.
2-2.297
Warehouse. A building used primarily for the storage of goods and
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materials.
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2-2.298 Warehousing and distribution. A use engaged in storage, wholesale, and
distribution of manufactured products, supplies, and equipment, but
excluding bulk storage of materials that are Flammable or explosive or that
create hazardous or commonly recognized offensive conditions.
2-2.299 Yard. A required open space unoccupied and unobstructed by any
structure or portion of a structure from ground to sky.
2-2.300 Yard, front. A yard extending across the front of a lot from side lot line to
side lot line and lying between the abutting street right-of-way line and the
front building setback line.
2-2.301 Yard, rear. A yard extending across the rear of the lot from side lot line to
side lot line and lying between the rear property line and the rear building
setback line.
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2-2.302 Yard, side. A yard extending along either side of a lot from front setback ,
line to the rear building setback line.
2-2.303 Yard sale. All general sales, open to the public, conducted from or on a
residential premise in any district for the purpose of disposing of personal
household property. The term "yard sale" shall include all such herein
described sales, whether or not they are garage, lawn, yard, attic, porch,
room, backyard, patio, or rummage sales (see Article 14-27).
11
2-2.304 Zero lot line. The location of a building on a lot in such a manner that one
or more of the building's sides rests directly on a lot line. 1
2-2.305 Zone of imminent collapse. An area subject to erosion adjacent to the
shoreline of an ocean, bay, or lake and within a distance equal to 10 feet
plus 5 times the average annual long-term erosion rate for the site,
measured from the reference feature.
2-2.306 Zoning vested right. A right pursuant to G.S. 160A-385.1 to undertake and
complete the development and use of property under the terms and
conditions of an approved site specific development plan.
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2-3 Interpretation of Zoning District Boundaries
' 2-3.1 Streets, rights -of -way, and easements. Unless otherwise specifically indicated, where
district boundaries are indicated on the zoning map as approximately following
the centerline of street, highway, railroad right-of-way, utility easement, stream
or riverbed, or of such lines extended, then such lines shall be construed to be
' such district boundaries.
2-3.2 Lot lines. Boundaries indicated as approximately following platted lot lines shall
be construed as following such lot lines.
' 2-3.3 Corporate Limits. Boundaries indicated as approximately following the corporate
limits shall be construed as following the corporate limits.
2-3.4 Property divisions. If a district boundary divides a lot, the requirements for the
district in which the greater portion of the lot lies shall be extended to the balance
of the lot; provided, that such extension shall not include any part of such lot
which lies more than one hundred (100) feet beyond the district boundary; and
further provided, that the remaining parcel shall not be less than the minimum
required for the district in which it is located.
' 2-3.5 Vacation and abandonment. Where any public street or alley is hereafter officially
vacated or abandoned, the regulations applicable to parcels abutting propertyshall
' apply to that portion of such street or alley added thereto by virtue of such
vacation or abandonment.
2-3.6 Further interpretation. In case any further uncertainty exists, the Board of
Adjustment shall interpret the intent of the map as to location of such boundaries
(see Article 3, Part 11).
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ARTICLE 3. ADMINISTRATIVE MECHANISMS
PART 1 PLANNING BOARD
3.1 Created, Membership
3-1.1 A town Planning Board is hereby created under the authority of the G.S.
section 160A-361.
3-1.2 The Planning Board shall consist of four (4) members, citizens of the town,
who shall be appointed by the City Council to serve for staggered terms of
three (3) years. Vacancies shall be filled as they occur by the City Council
for the period of the unexpired term. Faithful attendance of the meetings
of the Board is considered as prerequisite for the maintenance of
membership on the Board.
3-1.3 In addition, the Planning Board shall consist of three (3) members,
residents of the extraterritorial area (ETJ), who shall be appointed by the
County Board of Commissioners. Vacancies shall be filled as they occur by
the County Board of Commissioners for the period of the unexpired term.
Faithful attendance of the meetings of the Board is considered a
prerequisite for the maintenance of membership on the Board. If the
Carteret County Board of Commissioners fails to make the appointments
provided for in this subsection within ninety (90) days after receipt of a
resolution from the City Council requesting that such appointments be
made, the City Council may thereupon make such appointments. Terms of
extraterritorial members shall be allotted in the same manner as town
member terms above. The Planning Board members residing in the area of
extraterritorial jurisdiction (ETJ) shall have equal rights, privileges, powers,
and duties with the other Planning Board members on all matters before
the Board except as provided herein.
3-1.4 The chairman shall be a citizen of the town.
3-1.5 Members ofthe Planning Board may, after a public hearing, be removed by
the City Council for inefficiency, neglect of duty, or malfeasance in office.
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3-1.6 The City Manager shall be an ex officio member of the Planning Board with '
no voting powers.
3-1.7 Terms shall be limited to three (3) full consecutive three-year '
appointments. A Planning Board member who has served the maximum ,
time allowed may only be considered for reappointment after remaining off
the Planning Board for not less than three (3) calendar years. '
State law references. Planning and regulation of development, G.S. § 160A-
340 et seq.; interlocal cooperation, G.S. § 160A-460 et seq.
3-2 Organization, Rules, Meetings, Records ,
Within thirty (30) days after appointment, the Planning Board shall meet and elect a
chairman and create and fill such offices as it may determine. It shall adopt rules for transaction
of business and shall keep a record of its members' attendance and of its resolutions, discussions,
findings and recommendations, which record shall be a public record. The Board shall schedule
at least one (1) meeting monthly. All of its meetings shall be open to the public. The minutes and
records of each meeting, regardless of type of meeting, shall be submitted to the City Council for
its information.
3.3 Finances
The expenditures of the Planning Board, exclusive of gifts or grants, shall be within the
amounts appropriated for the purpose by the City Council. No indebtedness for which the town
shall be liable shall be contracted or incurred by the Planning Board unless an appropriation is
made by the City Council for such purpose, as authorized by law, and then only to the extent of
such appropriation. The Planning Board shall have the right to accept gifts and donations for the
exercise of its functions and may expend the money received for such gifts and donations in a
manner which in the judgment of the Planning Board is consistent with the best interests of the
planning program.
3-4 Powers and Duties
34.1 Studies. The Planning Board shall make careful studies of present
conditions and the probable future development of the town and its
environs. Such studies may include, but shall not be limited to, land use
surveys; population studies; economic base studies; school, park and
recreation studies; traffic and parking studies; and urban renewal studies.
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3.4-2 Plans. The Planning Board shall formulate and maintain a comprehensive
plan of the town and its environs for the purpose of achieving a
coordinated, adjusted and harmonious development of the town which
would promote, in accordance with present and future needs, the safety,
morals, order, convenience, prosperity and general welfare of its citizens;
efficiency and economy in the process of development; convenience of
traffic; safety from fire and other dangers; adequate light and air; healthful
and convenient distribution of population; provision of adequate open
spaces; good civic design and arrangement; wise and efficient expenditures
of public funds; adequate provision for public utilities; and for other
matters pertaining to the public requirements. The comprehensive plan
shall consist of a number of parts which may include, but not be limited to,
a land use plan, a major thoroughfare plan, a utilities plan, a plan for
economic development, a recreation plan, a school plan, and a community
facilities plan.
3.4-3 Cooperation with other commissions, recommendations. The Planning Board
shall cooperate with the redevelopment commission, if and when such
commission is established, and shall review all redevelopment plans and
proposals and make recommendations to the City Council.
3.44 Designated as zoning commission, amendment of unified development ordinance.
The Planning Board is hereby designated as the zoning commission for the
town and shall revise, if it deems necessary, the existing unified
development ordinance to govern the use of buildings and premises. Such
revisions, if made, shall be submitted to the City Council for its
consideration and possible adoption. If the Planning Board deems
necessary, it may prepare a totally new and different unified development
ordinance, which shall be submitted to the City Council for its
consideration and possible adoption. The unified development ordinance
shall not be changed, altered, or amended until such change, alteration, or
amendment has been submitted to the Planning Board for its
recommendation. A majority vote of not less than three -fourths of the
entire membership of the City Council will be required to overrule a
recommendation by the Planning Board. Failure of the Planning Board to
act within thirty (30) days after submission shall constitute approval of the
proposed change, alteration, or amendment.
3-3

3-4.5 Preparation of subdivision regulations. The Planning Board shall prepare
subdivision regulations governing the subdivision of land within the town
and its environs to be submitted to the City Council for its consideration
and possible adoption.
3-4.6 Annual report. The Planning Board shall, in January of each year, submit in
writing to the City Council a written report of its activities, an analysis of
the expenditures to date for the current fiscal year, and a proposed
planning program for the next fiscal year.
(Code 1973, §§ 15-1-15-4; Ord. No. 1993-17, 6-8-93; Ord. No. 1994-39; 8-9-
94; Ord. No. 1995-02, 1-31-95; Ord. No. 1995-09, 4-25-95; Ord. No. 1996-
29, 7-30-96; Ord. No. 1998-38, 8-11-98)
State law references. Meetings of public bodies, G.S. § 143-318.9 et seq.;
budget, fiscal control, G.S. § 159-7 et seq.; territorial jurisdiction, G.S. §
160A-360; extraterritorial representation, G.S. § 160A-362; changes in
zoning regulations, G.S. § 160A-385; planning agency, duties as to zoning,
G.S. 160A-387; Urban Redevelopment Law, G.S. 160A-500 et seq.
PART If BOARD OF ADJUSTMENT
3-5 Creating the Board of Adjustment
The Board of Adjustment is hereby created and shall consist of five (5) members. Terms
shall be limited to three (3) full consecutive three-year appointments. A Board of Adjustment
member who has served the maximum time allowed may only be considered for reappointment
after remaining off the Board of Adjustment for not less than three (3) calendar years. Three (3)
members and not more than two (2) alternates shall reside within the town limits and shall be
appointed by the Morehead City Council for overlapping terms of three (3) years. The two (2)
other members and not more than two (2) alternates of the Board of Adjustment shall reside in
the extraterritorial area of the Town of Morehead City and shall be appointed by the Carteret
County Board of Commissioners for overlapping terms of three (3) years. Alternates shall serve
in the absence of regular members. Except as provided herein, such members shall have equal
rights, privileges, and duties with the other members of the Board of Adjustment in all matters
pertaining to the regulation of Morehead City and its extraterritorial area. In the event the
Carteret County Board of Commissioners fails to make the appointments provided for in this
section within ninety (90) days after receipt of a resolution from the Morehead City Council
requesting that such appointment be made, the Morehead City Council maythereupon make such
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appointments. The members of the Board of Adjustment shall elect a chairperson from among
those members residing within the town limits.
(Ord. No. 1995-05, 4-11-95; Ord. No. 1996-34, 7-30-96; Ord. No. 1998-33, § 1, 8-11-98).
3-6 Proceedings of the Board of Adjustment
The Board of Adjustment shall adopt rules to conduct its affairs and establish regular
meeting dates. All meetings of the Board shall be open to the public and a public record of all
findings and decisions shall be maintained. The concurring vote of four -fifths of the Board's
membership shall be necessary to reverse any decision of the Land Use Administrator or to decide
in favor of the applicant on any matter upon which it is required to consider under this
Ordinance. All proceedings shall be in accordance with the North Carolina General Statutes
pertaining to Board of Adjustment, specifically G.S. 160A-388.
(Ord. No. 1997-17, § 1, 4-8-97; Ord. No. 1998-41, § 1, 9-29-98).
*State law reference. Board of Adjustment, G.S. § 160A-388.
' 3-7 Powers and Duties
The Board of Adjustment shall have the following powers and duties:
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3-7.1 Administrative review. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision, or determination made by the
Land Use Administrator in the enforcement of this Ordinance.
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3-7.2 Special uses. To hear and decide only such special uses as the Board of
Adjustment is specifically authorized to pass on by the terms of this
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Ordinance. The Board shall not grant a special use permit unless and until
the stipulations and requirements as outlined in Articles 4-8.1 and 4-8.2 are
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met.
3-7.3 Variances. To authorize upon appeal in specific cases such variances from
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the terms of this Ordinance as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions
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of this Ordinance would result in unnecessary physical but not economic
hardship. In granting any variance, the Board of Adjustment may prescribe
appropriate conditions and safeguards in conformity with this Ordinance.
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A variance from the terms of this Ordinance shall not be granted by the
Board of Adjustment unless and until it shall make a finding as indicated
in Article 5-3.2, Variance Criteria.
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3-7.4 Interpretation. The Board of Adjustment is responsible for interpreting the
provisions of this Ordinance if there is a question about the meaning or
application of provision or to interpret the location of lines on the official
zoning map where they appear to be unclear. Once the Board has made an
interpretation on an issue, the Land Use Administrator will consistently use
that interpretation in the administration of this Ordinance. The Board may
also ask that this Ordinance be amended to clarify a problem with this
Ordinance that has come to the Board's attention.
(Ord. No. 1998-41, § 1,9-29-98; Ord. No. 1999-12, § 1, 6-29-99).
PART III APPEARANCE COMMISSION
3-8 Created, Members, Organization, Rules, Meetings, Records
3-8.1 Creation, number and qualification, vacancies and terms. There is created an
appearance commission, which shall consist of nine (9) members, all of
whom shall be citizens and residents of the town's area of planning and
zoning jurisdiction. Members shall be appointed by the City Council for
staggered terms of three (3) years. Vacancies occurring for reasons other
than the expiration of terms shall be filled as they occur for the period of
the unexpired term. No member shall serve more than two (2) consecutive
terms.
3-8.2 Appointments. In making appointments to the commission, the City Council
shall seek to appoint persons who possess qualities of impartiality,
maturity, and broad judgment, and in whom the community at large may
be expected to have confidence. Appointments shall be made in such a
way as to maintain on the commission at all times not less than five (5)
members who have had special training or experience in a design field, if
possible.
3-8.3 Reappointment, performance. Members may be immediately reappointed to
the commission upon the expiration of legal terms, and they may be
removed from the commission by the City Council for due cause. Faithful
attendance at the meetings of the commission and conscientious
performance of the duties of members shall be considered a prerequisite
for continued membership on the commission.
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3-8.4 Compensation. Members of the commission shall serve without pay, but
may be reimbursed for actual expenses incidental to the performance of
their duties.
3-8.5 Organization, etc. Within thirty (30) days after its appointment the
appearance commission shall meet and elect a chairman. It shall create
and fill such offices as it may determine. The term of the chairman and
other officers shall be one (1) year with eligibility for re-election. The
commission shall adopt rules for the transaction of its business and shall
keep a record of its members' attendance and of its resolutions,
discussions, findings, and recommendations, which shall be open to the
public. The commission shall hold at least one (1) meeting monthly, and
all of its meetings shall be open to the public. For the purpose of taking
any official action authorized or required, there shall be present a quorum
of five (5) members. A copy of the minutes of each meeting shall be filed
with the City Manager, the City Council, and the Planning Board.
(Code 1973, §§12-16,12-17).
State law reference. Community appearance commissions, G.S.§ 1 60A-451
et seq.
3-9 Powers and Duties
The appearance commission shall have the powers and duties specified in G.S. section
160A-452.
(Code 1973, § 2-18).
PART IV LAND USE ADMINISTRATOR AND PLANNING DIRECTOR
3-10 Land Use Administrator
Except as otherwise specifically provided, primary responsibility for administering and
enforcing this Ordinance may be assigned by the City Manager to one or more individuals. The
person or persons to whom these functions are assigned shall be referred to in this Ordinance as
the "land use administrator" or "administrator."
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3-11 Planning Director
The planning director is the administrative head of the planning department. As provided '
in Article 4-27, the planning director is authorized to approve minor subdivision final plats.
PART V CITY COUNCIL
3-12 The City Council
3-12.1 The City Council, in considering conditional -use permit applications, acts
in a quasi-judicial capacity and, accordingly, is required to observe the
procedural requirements set forth in Articles 4 and 6 of this Ordinance.
3-12.2 In considering proposed changes in the text of this Ordinance or in the
zoning map, the City Council acts in its legislative capacity and must
proceed in accordance with the requirements of Article 24.
3-12.3 Unless otherwise specifically provided in this Ordinance, in acting upon
conditional -use permit requests or in considering amendments to this
Ordinance or the zoning map, the City Council shall follow the regular
voting and other requirements as set forth in other provisions of the town
code.
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ARTICLE 4. PERMITS AND SUBDIVISION APPROVAL
PART 1 ZONING AND SPECIAL -USE PERMITS
4-1 Permits Required
4-1.1 The use made of property may not be substantially changed, substantial
clearing, grading, or excavation may not be commenced, and buildings or
other substantial structures may not be constructed, erected, moved, or
substantially altered except in accordance with and pursuant to one of the
following permits:
(A) A zoning permit issued by the administrator.
(B) A special -use permit issued by the Board of Adjustment.
4-1.2 Zoning permits and special -use permits are issued under this Ordinance
only when a review of the application submitted, including the plans
contained therein, indicates that the development will comply with the
provisions of this Ordinance if completed as proposed. Such plans and
applications as are finally approved are incorporated into any permit
issued, and except as otherwise provided in Article 4-15, all development
shall occur strictly in accordance with such approved plans and
applications.
4-1.3 Physical improvements to land to be subdivided may not be commenced
until preliminaryplat approval bythe Planning Board for major subdivisions
or after final plat approval by the planning director for minor subdivisions
(see Part 11 of this article).
4-1.4 A zoning permit and a special -use permit shall be issued in the name of the
applicant (except that applications submitted by an agent shall be issued
in the name of the principal), shall identify the property involved and the
proposed use, shall incorporate by reference the plans submitted, and shall
contain any special conditions or requirements lawfully imposed by the
permit -issuing authority. All special -use permits issued with respect to
tracts of land in excess of one acre shall be recorded in the Carteret County
Registry after execution by the record owner as provided in Article 4-14.2.
4-1

4-2 No Occupancy or Use Until Requirements Fulfilled.
Issuance of a special -use or zoning permit authorizes the recipient to commence the
activity resulting in a change in use of the land or (subject to obtaining a building permit) to
commence work designed to construct, erect, move, or substantially alter building or other
substantial structures. However, except as provided in Articles 4-7, 4-11, and 4-12, the intended
use may not be commenced and no building may be occupied until all of the requirements of this
Ordinance and all additional requirements imposed pursuant to the issuance of a special -use
permit have been complied with.
4-3
4.4
Who May Submit Permit Applications
4-3.1 Applications for zoning or special -use permits will be accepted only from
persons having the legal authority to take action in accordance with the
permit. By way of illustration, in general this means that applications
should be made by the owners or lessees of property, or their agents, or
persons who have contracted to purchase property contingent upon their
ability to acquire the necessary permits under this Ordinance, or the agents
of such persons (who may make application in the name of such owners,
lessees, or contract vendees).
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4-3.2 The administrator may require an applicant to submit evidence of his '
authority to submit the application in accordance with Subsection 4-3.1.
Applications To Be Complete
4-4.1 All applications for zoning or special -use permits must be completed ,
before the permit -issuing authority is required to consider the application.
4-4.2 Subject to Subsection 4.4.3, an application is complete when it contains all
of the information that is necessary for the permit -issuing authority to
decide whether or not the development or use, if completed as proposed,
will comply with all of the requirements of this Ordinance.
4-4.3 In this Ordinance, information to be included with applications for zoning
and special use permits are set forth in Appendix II of this Ordinance. It is
not necessarythat the application contain the type of detailed construction
drawings that would be necessary to determine compliance with this
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' Appendix, so long as the plans provide sufficient information to allow
Morehead City to evaluate the application in the light of the substantive
requirements set forth in the text of this Ordinance.
' 4-4.4 The presumption established by this Ordinance is that all of the
information set forth in Appendix 11 is necessaryto satisfy the requirements
' of this section. However, it is recognized that each permit request is
unique, and therefore the permit -issuing authority may allow less
information or require more information to be submitted according to the
' needs of the particular case.
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4.4.5 The administrator shall make every effort to develop application forms,
instructional
sheets, checklists, or other techniques or devices to assist
applicants in understanding the application requirements and the form and
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type of information that must be submitted. In cases where a minimal
amount of information is necessary to enable the administrator to
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determine compliance with this Ordinance, such as applications for zoning
permits to construct single-family or two-family houses, the administrator
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shall develop standard forms that will expedite the submission of the
necessary plans and other required information.
' 4.5 Staff Consultation After Application Submitted
' 4-5.1 Upon receipt of a formal application for a zoning or special -use permit, the
administrator shall review the application and confer with the applicant to
ensure that he understands the planning staffs interpretation of the
applicable requirements of this Ordinance, that he has submitted all of the
information that he intends to submit, and that the application represents
' precisely and completely what he proposes to do.
' 4-5.2 If application is for special -use permit, the administrator shall place the
application on the agenda of the appropriate Board when the applicant
indicates that the application is as complete as he intends to make it.
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However, as provided in Article 4-10, if the administrator believes that the
application is incomplete, he shall recommend to the appropriate Board
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that the application be denied on that basis.
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4-6 Zoning Permits '
4-6.1 A completed application form for a zoning permit shall be submitted to the
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administrator by filing a copy of the application with the administrator in
the planning department.
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4-6.2 The administrator shall issue the zoning permit unless he finds, after
reviewing the application, that:
(A) The requested permit is not within his jurisdiction according to the
Table of Permissible Uses, or
(B) The application is incomplete, or
(C) If completed as proposed in the application, the development will '
not comply with one or more requirements of this Ordinance (not
including those requirements when a variance has been granted or
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those the applicant is not required to comply with under the
circumstances specified in Article 8, Nonconforming Situations).
4-7 Authorizing Use or Occupancy Before Completion of Development Under Zoning Permit
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In cases when, because of weather conditions or other factors beyond the control of the
zoning -permit recipient (exclusive of financial hardship), it would be unreasonable to require the
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zoning -permit recipient to comply with all requirements of this Ordinance prior to commencing
the intended use of the property or occupying any buildings, the administrator may authorize the
commencement of the intended use or the occupancy of buildings (insofar as the requirements
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of this Ordinance are concerned) if the permit recipient provides a performance bond or other
security satisfactory to the administrator to ensure that all of the requirements of the Ordinance
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will be fulfilled within a reasonable period (not to exceed 12 months) determined by the
administrator.
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4-8 Special -Use Permits
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4-8.1 An application for a special -use permit shall be submitted to the Board of
Adjustment by filing a copy of the application with the administrator in the
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planning department.
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4-8.2 Subject to Article 4-8.3, the Board of Adjustment or the City Council,
respectively, may issue the requested permit unless it concludes, based
upon the information submitted at the hearing, that:
(A) The requested permit is not within its jurisdiction according to the
Table of Permissible Uses, or
(B) The application is incomplete, or
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(C) If completed as proposed in the application, the development will
not comply with one or more requirements of this Ordinance (not
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including those the applicant is not required to comply with under
the circumstances specified in Article 8, Nonconforming Situations).
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4-8.3 Special Use Criteria.
' (A) A written application for a special use permit is submitted
indicating the section of this Ordinance under which the special use
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(B) The proposed development does not affect adversely the general
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plans for the physical development of the town as embodied in
these regulations or in any plan or portion thereof adopted by the
tPlanning
Board and/or the City Council.
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(C) The proposed use will not be contrary to the purposes stated in
these regulations.
I(D) The proposed use will not affect adversely the health and safety of
residents and workers in the town.
' (E) The proposed use will not be detrimental to the use or
development of adjacent properties or other neighborhood uses.
(F) The proposed use will not be affected adversely by the existing
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(G) The proposed use will be placed on a lot of sufficient size to satisfy
the space requirements of said use.
(H) The proposed use will not constitute a nuisance or hazard because
of the number of persons who will attend or use such facility, of the
vehicular movement, or noise or fumes or of the type of physical
activity.
The standards set forth for each particular use for which a permit
may be granted have been met.
Q) The proposed use shall be subject to the minimum area, setback,
and other locational requirements of the zoning district in which it
will be located.
(Iq The proposed use shall be subject to the off-street parking and
service requirements of these regulations.
4-8.4 Additional restrictions and revocation of permits.
(A) The Board of Adjustment may impose or require such additional
restrictions and standards as may be necessary to protect the
health and safety of workers and residents of the community, and
to protect the value and use of property in the general
neighborhood.
(B) Wherever the Board of Adjustment shall find, in the case of any
permit granted pursuant to the provisions ofthese regulations, that
any of the terms, conditions, or restrictions upon which such
permit was granted are not being complied with, said Board shall
rescind and revoke such permit after giving the notice to all parties
concerned and granting full opportunities for a hearing.
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4-9 Burden of Presenting a Complete Application, Burden of Persuasion '
4-9.1 The burden of presenting a complete application (as described in Article
4-4) to the permit -issuing Board shall be upon the applicant. However,
unless the Board informs the applicant at the hearing in what way the
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application is incomplete and offers the applicant an opportunity to
complete the application (either at that meeting or at a continuation
hearing), the application shall be presumed to be complete.
4-9.2 The burden of persuasion on the issue of whether the development, if
completed as proposed, will comply with the requirements of this
Ordinance remains at all times on the applicant.
4-10 Recommendations on Special -Use Permit Applications
4-10.1 When presented to the Board ofAdjustment at the hearing, the application
for a special -use permit shall be accompanied by a report setting forth the
planning staffs proposed findings concerning the application's compliance
with Article 4-4 (Application To Be Complete) and the other requirements
of this Ordinance, as well as any staff recommendations for additional
requirements to be imposed by the Board of Adjustment.
4-10.2 If the staff proposes a finding or conclusion that the application fails to
comply with Article 4-4 or any other requirement of this Ordinance, it shall
identify the requirement in question and specifically state supporting
reasons for the proposed findings or conclusions.
4-11 Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special -
Use Permits
4-11.1 In cases when, because of weather conditions or other factors beyond the
control of the special -use permit recipient (exclusive of financial hardship)
it would be unreasonable to require the permit recipient to comply with
all of the requirements of this Ordinance before commencing the intended
use of the property or occupying any buildings or selling lots in a
subdivision, the permit -issuing Board may authorize the commencement
of the intended use or the occupancy of buildings or the sale of subdivision
lots (insofar as the requirements of this Ordinance are concerned) if the
permit recipient provides a performance bond or other security satisfactory
to the Board to ensure that all of these requirements will be fulfilled within
a reasonable period (not to exceed 12 months).
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4-13
4.11.2 When the Board imposes additional requirements upon the permit
recipient or when the developer proposes in the plans submitted to install
amenities beyond those required by this Ordinance, the Board may
authorize the permittee to commence the intended use of the property or
to occupy any building or to sell any subdivision lots before the additional
requirements are fulfilled or the amenities installed if it specifies a date by
which or a schedule according to which such requirements must be met or
each amenity installed and if it concludes that compliance will be ensured
as the result of any one or more of the following:
(A) A performance bond or other security satisfactory to the Board is
furnished;
(B) A condition is imposed establishing an automatic expiration date
on the permit, thereby ensuring that the permit recipient's
compliance will be reviewed when application for renewal is made;
(C) The nature of the requirements or amenities is such that sufficient
assurance of compliance is given by Article 7-4 (Penalties and
Remedies For Violations) and Article 7-5 (Permit Revocation).
4-11.3 With respect to subdivisions in which the developer is selling only
undeveloped lots, the Planning Board mayauthorize final plat approval and
the sale of lots before all the requirements of this Ordinance are fulfilled
ifthe subdivider provides a performance bond or other security satisfactory
to the Planning Board to ensure that all of these requirements will be
fulfilled within not more than 12 months after final plat approval.
Completing Developments in Phases
Refer to Article 4-31.
Expiration of Permits.
4-13.1 Zoning and special -use permits shall expire automatically if, within six (6)
months after the issuance of such permits, the use authorized by such
permits has not commenced in circumstances where no substantial
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construction, erection, alteration, excavation, demolition, or similar work
is necessary before commencement of such use.
4-13.2 If, after some physical alteration to land or structures begins to take place,
such work is discontinued for a period of one year, then the permit
authorizing such work shall immediately expire. However, expiration of
the permit shall not affect the provisions of Article 4-14.
4-14 Effect of Permit on Successors and Assigns.
4-14.1 Zoning and special -use permits authorize the permittee to make use of
land and structures in a particular way. Such permits are transferable.
However, so long as the land or structures or any portion thereof covered
under a permit continues to be used for the purposes for which the permit
was granted, then:
(A) No person (including successors or assigns of the person who
obtained the permit) may make use of the land or structures
covered under such permit for the purposes authorized in the
permit except in accordance with all the terns and requirements of
that permit, and;
(B) The terms and requirements of the permit apply to and restrict the
use of land or structures covered under the permit, not only with
respect to all persons having any interest in the property at the
time the permit is obtained, but also with respect to persons who
subsequently obtain any interest in all or part of the covered
property and wish to use it for or in connection with purposes
other than those forwhich the permit was originally issued, so long
as the persons who subsequently obtain an interest in the property
had actual or record notice (as provided in Subsection 4-14.2) of the
existence of the permit at the time they acquired their interest.
4-14.2 Whenever a special -use permit is issued to authorize development (other
than single-family or two-family residences) on a tract of land in excess of
one acre, nothing authorized by the permit may be done until the record
owner of the property signs a written acknowledgment that the permit has
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been issued so that the permit may be recorded in the Carteret County
Registry and indexed under the record owner's name as grantor.
4-15 Amendments to and Modifications of Permits.
4-15.1 Insignificant deviations from the permit (including approved plans) issued
by the City Council, the Board of Adjustment, or the administrator are
permissible and the administrator may authorize such insignificant
deviations. A deviation is insignificant if it has no discernable impact on
neighboring properties, the general public, or those intended to occupy or
use the proposed development.
4-15.2 Minor design modifications or changes in permits (including approved
plans) are permissible with the approval of the permit -issuing authority.
Such permission may be obtained without a formal application, public
hearing, or payment of any additional fee. For purposes of this section,
minor design modifications or changes are those that have no substantial
impact on neighboring properties, the general public, or those intended to
occupy or use the proposed development.
4-15.3 All other requests for changes in approved plans will be processed as new
applications. If such requests are required to be acted upon by the Board
of Adjustment, new conditions may be imposed, but the applicant retains
the right to reject such additional conditions by withdrawing his request
for an amendment and may then proceed in accordance with the previously
issued permit.
4-15.4 The administrator shall determine whether amendments to and
modifications of permits fall within the categories set forth above in
Subsections 4-15.1, 4-15.2, and 4-15.3.
4-15.5 A developer requesting approval of changes shall submit a written request
for such approval to the administrator, and that request shall identify the
changes. Approval of all changes must be given in writing.
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4-16 Reconsideration of Board Action.
4-16.1 Whenever the Board of Adjustment disapproves an application for a
special -use permit or a variance, on any basis other than the failure of the
applicant to submit a complete application, such action may not be
reconsidered by the respective Board at a later time unless the applicant
clearly demonstrates that:
(A) Circumstances affecting the property that is the subject of the
application have substantially changed, or
(B) New information is available that could not with reasonable
diligence have been presented at a previous hearing. A request to
be heard on this basis must be filed with the administrator within
the time period for an appeal to superior court (see Article 7-6).
However, such a request does not extend the period within which
an appeal must be taken.
4-16.2 Notwithstanding Subsection 4-16.1, the Board of Adjustment may at any
time consider a new application affecting the same property as an
application previously denied. A new application is one that differs in
some substantial way from the one previously considered.
4-17 Applications to be Processed Expeditiously.
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the town shall make every reasonable effort to
process appeals and permit applications as expeditiously as possible, consistent with the need
to ensure that all development conforms to the requirements of this Ordinance.
4-18 Maintenance of Common Areas, Improvements, and Facilities.
The recipient of any zoning or special -use permit, or his successor, shall be responsible
for maintaining all common areas, improvements, or facilities required by this Ordinance or any
permit issued in accordance with its provisions, except those areas, improvements, or facilities
with respect to which an offer of dedication to the public has been accepted by the appropriate
public authority. As illustrations, and without limiting the generality of the foregoing, this means
that private roads and parking areas, water and sewer lines, and recreational facilities must be
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properly maintained so that they can be used in the manner intended, and required vegetation
and trees used for screening, landscaping, or shading must be replaced if they die or are
destroyed.
PART 11 MAJOR AND MINOR SUBDIVISIONS
4-19 Regulation of Subdivisions
Major subdivisions are subject to a three -step approval process: sketch plan, preliminary
plat, and final plat approval. Minor subdivisions only require a one-step approval process: final
plat approval (in accordance with Article 4-27).
4-20 No Subdivision Without Plat Approval.
4-20.1 No person may subdivide his land except in accordance with all of the
provisions of this Ordinance. In particular, no person may subdivide his
land unless and until a final plat of the subdivision has been approved in
accordance with the provisions ofArticle 4-27 and recorded in the Carteret
County Registry.
4-20.2 The Carteret County Register of Deeds may not record a plat of any
subdivision within the town's planning jurisdiction unless the plat has been
approved in accordance with the provisions of this Ordinance.
4-21 Effect of Plat Approval on Dedications
Pursuant to N.C.G.S. Chapter 160A-374, the approval of a plat shall not be deemed to
constitute or effect the acceptance by the town or public of the dedication of any street or other
ground, public utility line, or other public facility shown on the plat. The City Council may,
however, by resolution, 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
the subdivision regulation jurisdiction, but outside the corporate limits of the municipality shall
not place on the town any duty to open, operate, repair, or maintain any street, utility line, or
other land or facility, and the municipality shall in no event be held to answer in any civil action
or proceeding for failure to open, repair, or maintain any street located outside its corporate
limits.
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Unless a town, county, or other public entity operating a water system shall have agreed
to begin operation and maintenance of the water system or water system facilities within one (1)
year of the time of issuance of a Certificate of Occupancy for the first unit of housing in the
subdivision, the subdivider shall not be required to dedicate easements for water systems or
facilities on land located outside the corporate limits of the town.
4.22 School Sites on Land Use Plan
If the Morehead City Council and the Carteret County Board of Education have jointly
determined the specified location and size of any school sites to be reserved and this information
appears in the Comprehensive Land Use Plan, the Planning Director shall immediately notify the
Carteret County Board of Education whenever a plan for a subdivision is submitted which includes
all or part of a school site to be reserved. The Carteret County Board of Education shall promptly
decide whether it still wishes the site to be reserved. If the Carteret County Board of Education
does not wish to reserve the site, it shall so notify the Planning Board. If the Board does wish to
reserve the site, the subdivision shall not be reserved without such reservation. The Carteret
County Board of Education shall then have eighteen (18) months, beginning on the date of final
approval of the subdivision, within which to acquire the site by purchase or by initiating
condemnation proceedings. if the Carteret County Board of Education has not purchased or
begun proceedings to condemn the site within eighteen (18) months, the subdivider may treat
the land as freed of the reservation. )N.C.G.S. 16OA-3721
4-23 Construction Procedures
No grading, clearing, construction, or installation of improvements shall commence in a
proposed subdivision until the preliminary plat has been approved, and all plans and
specifications required by this Ordinance have been approved by the appropriate authorities.
No building, zoning, or other permits shall be issued for erection of a structure on any lot
not of record at the time of adoption of this Ordinance until all requirements of this Ordinance
' have been met. A lot which is a lot of record at the time of adoption of this Ordinance is exempt
from these regulations. The subdivider, prior to commencing any work within the subdivision,
shall make arrangements with the administrator of this Ordinance to provide for adequate
inspection. The approving authorities having jurisdiction and their representatives shall inspect
and approve all completed work prior to release of sureties pursuant to Article 4-29.
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4-24 Homeowners' Associations '
If a subdivision includes common areas or areas of common maintenance, a homeowners' '
association shall be mandatory and shall be organized and in legal existence prior to the sale of
any lot in the development. '
4-25 Subdivision Name Duplication
The name of the subdivision shall not duplicate nor closely resemble the name of an
existing subdivision within Carteret County.
4-26 Subdivision Design 1
4-26.1 Blocks.
(A)
The lengths, widths, and shapes of blocks shall be determined with
due regard to: provisions for adequate building sites suitable to the
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special needs; zoning requirements; needs for vehicular and
pedestrian circulation; control and safety of street traffic;
limitations
and opportunities oftopography; and convenient access
to water areas.
(B)
Blocks shall be not less than four hundred (400) feet or more than
twelve hundred (1,200) feet in length.
(C)
Blocks shall have sufficient size to allow two (2) tiers of lots of
minimum depth except where single tier lots are required to
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separate residential development from through vehicular traffic or
another type of use in nonresidential subdivision, or where
abutting public waters.
(D)
Block numbers shall conform to the town street numbering system,
'
if applicable.
'
4-26.2 Lots.
(A) All lots in new subdivisions which are located within Morehead City '
limits shall conform to the zoning requirements of the district in
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4-26.3
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which the subdivision is located. Conforming to zoning
requirements means, among other things, that all lots in the
subdivision must meet all dimensional requirements of this
Ordinance, notjust minimum lot size. All lots in new subdivisions
which are located within Morehead City's planning jurisdiction but
outside the town limits shall be subject to the following minimum
lot requirements in addition to the dimensional requirements
provided in Article 13-1. Lots served by a public water and a public
sewage disposal system shall have a minimum lot size of not less
than 7,000 square feet; lots served by either public water or a
public sewage disposal system shall have a minimum of 15,000
square feet; lots served by neither public water or public sewage
disposal system shall have a minimum lot size of 20,000 square
feet.
(B) Lots shall meet any applicable Carteret County Health Department
requirements.
(C) Double frontage lots shall be avoided wherever possible.
(D) Side lot lines shall be substantially at right angles to or radial to
street lines.
Easements. Easement shall be provided as follows:
(A) Utility easements for underground or above ground utilities shall
be provided, and shall be at least twenty (20) feet wide for water
and sanitary sewer lines and as required by the companies involved
for telephone, gas, and power lines. The Planning Board will
determine whether one (1) easement is sufficient or whether
several easements are necessary to accommodate the various
facilities and the subdivider shall provide the required easement(s).
(B) Drainage Easements. Where a subdivision is traversed by a stream
or drainage way, an easement shall be provided conforming with
the lines of such stream or way and of such width as will be
adequate for the purpose. Provisions for the future maintenance
and upkeep of all drainage easements shall be approved by the
4-15

4.27
4-28
town prior to plat approval and such provisions shall be included
in the final plat. Unless otherwise recommended by the Planning
Board, at least one (1) fifteen foot easement shall be provided
adjacent to the up slope crest of any open cross drainage course.
Procedures for Review of Major and Minor Subdivisions
4-27.1 All subdivisions shall be considered major subdivisions except those
defined as minor subdivisions in this Article. Major subdivisions shall be
reviewed in accordance with the procedures set forth in Articles 4-29 and
4-32 of these regulations.
Minor subdivisions shall be reviewed in accordance with the provisions set
forth in Article 4-28 of these regulations. However, if the subdivider owns,
leases, holds an option on, or holds any legal or equitable interest in any
subdividable property adjacent to or within five hundred (500) feet of or
located directly across a street, easement, road, or right-of-way from the
property to be subdivided, the subdivision shall not qualify for approval
under the abbreviated procedure. Furthermore, the abbreviated procedure
may not be used a second time within two (2) years on any property
adjacent to or part of or less than five hundred (500) feet from the original
property boundaries by anyone who owned, had an option on, or had any
legal or equitable interest in the original subdivision at the time the
subdivision received preliminary or final plat approval.
4-27.2 A minor subdivision is defined as the division of five (5) acres or less into
five (5) or fewer lots and which creates no new public or private streets or
roads, no right-of-way dedication, and no new easements except for
electrical, drainage, cable, or telephone easements, and no utility
extensions.
Approval Procedure for Minor Subdivisions.
All plats for minor subdivisions shall be reviewed and approved pursuant to the
procedures and requirements of this section.
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' 4-28.1 Application Requirements.
(A) An application for plat approval may be filed only by all of the
owners of the property or by an agent, lessee, or contract
' purchaser specifically authorized by all of the owners to file such
application for such amendment. Where an agent, lessee or
' contract purchaser files the application, the agent, lessee or
contract purchaser shall provide the town with written
documentation that all of the owners of the property have
Iauthorized the filing of the application. The subdivider shall submit
to the Planning Director ten (10) copies, including one (1)
' reproducible copy, of final plat of the proposed subdivision. The
subdivider shall also submit the final plat and any other information
pertinent to the subdivision in a digital format compatible with
Morehead City's Geographic Information System.
' (B) An application for plat approval shall be filed with the Planning
Director, along with the application fee in accordance with the
current fee schedule as set by the Council to cover administrative
costs and the recreation fee, if applicable, in accordance with
Article 15-2.
' (C) The application shall contain or be accompanied by such
I information and plans as required on the application form and the
plat shall meet the specifications for final plats in Article 4-32.
' (D) The plat shall be prepared by a Registered Land Surveyor or
Licensed Professional Engineer, currently licensed and registered in
the State of North Carolina by the North Carolina State Board of
Registration for Professional Engineers and Land Surveyors. The
' final plat shall conform to the provisions set forth in NCGS Section
47-30.
(E) The following signed certificates shall appear on all ten (10) copies
of the final plat.
' 4-17

Certificate of Ownership. I hereby certify that 1 am the owner of the
property shown and described hereon which is located within the
subdivision jurisdiction of Morehead City, and that 1 hereby adopt
this plan of subdivision with my free consent and establish
minimum building setback lines as noted.
Date Owner
Certificate of Survey and Accuracy. In accordance with the Standards
of Practice for Land Surveying in North Carolina, on the face of each
map prepared for recordation there shall appear a certificate
acknowledged before an officer authorized to take
acknowledgments and executed by the person making the survey
or map, including deeds and any recorded data shown thereon.
The certificate shall include a statement of error of closure
calculated by latitudes and departures. The map shall clearly
indicate all lines which were not actually surveyed and a statement
shall be included in the certificate revealing the sources of
information from which the map was prepared. The certificate shall
take the following general form:
1, , certify that this map was
(drawn bymei, [drawn under mysupe►visioni from Ian actual survey
made by me) I an actual survey made under my supervision] of
[deed description recorded in Book , Page_, etc.1[other];
that the ration of precision as calculated by latitudes and
departures is 1: Ithat the boundaries and lines not surveyed are
shown as broken lines platted from information found in Book
Page _I and that this map was prepared in accordance
with NCGS Section 47-30, as amended.
Witness my hand and seal this_ day of , 20_
Official Seal
Registered Land Surveyor
Registration Number
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1, (officer authorized to take acknowledgment(, do hereby certify
that [name of surveyor] personally appeared before me this day and
acknowledged the due execution of this certificate. Witness my
hand and official seal this day of 20_
Signature of Officer
Official Seal
Certificate of Approval for Recording. 1 hereby certify that this
subdivision plat has been found to comply with the Subdivision
Regulations of Morehead City, North Carolina, and that this plat has
been approved by the Town of Morehead City for recording in the
Office of the Register of Deeds of Carteret County.
Municipal Clerk
Morehead City, North Carolina
Date
4-28.2 Required Improvements. Prior to approval of the subdivision plat,
monuments and markers shall be installed on the property.
4-28.3 StafReviewandApproval of Plat. The application and plat shall be reviewed
for general compliance with this Ordinance and other applicable town
ordinances and regulations. The Planning Director shall approve the
subdivision plat upon finding that the application is complete and all
required improvements have been installed on the subject property. In the
event that the Planning Director determines a field inspection is needed to
ensure the installation of the required improvements, such inspection shall
be conducted. A decision shall be rendered within thirty (30) days of
receipt of a completed application.
4-28.4 Appeal of Disapproval. In the event the Planning Director disapproves a
minor subdivision, an appeal may be filed with the City Council within ten
(10) calendar days of disapproval. if an appeal is filed, the City Council, at
its next regularly scheduled meeting, shall decide whether to consider the
4-19

4-28.5
appeal or not. If the City Council decides to consider the appeal, by
majority vote, then the City Council may direct that the minor subdivision
shall be reviewed and approved in accordance with the procedural
provisions for major subdivisions or affirm, reverse or modify the Planning
Director's disapproval.
Effect of Plat Approval.
(A) After obtaining approval of the plat, the subdivider may file the plat
with the Carteret County Register of Deeds. The final plat shall be
of a size suitable for recording with the Carteret County Register of
Deeds and shall be at a scale of not less than one (1) inch equals
one hundred (100) feet. Maps may be placed on more than one (1)
sheet with appropriate match lines. One (1) reproducible tracing as
recorded by the Register of Deeds shall be returned to the
Municipal Clerk.
(B) The approved plat must be recorded within thirty (30) days after
approval by the Planning Director. The recording of the approved
plat with the Register of Deeds shall authorize the subdivider, or
any subsequent developer of the property, to proceed with such
applications for environmental permits and building permits as this
Ordinance may require for development on the property.
4.29 Procedure for Review of Major Subdivisions.
4-29.1 Sketch Plan for Major Subdivisions.
(A) Prior to the preliminary plat submission, the subdivider shall submit
to the Planning Board and the Council at least twenty-five (25)
copies of a sketch plan of the proposed subdivision. The sketch
plan shall be a conceptual plan which shall indicate the intentions
of the subdivider with respect to all of the lands owned or
controlled by the subdivider which is planned to be subdivided,
including any portions proposed to be developed in phases.
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(B) Submission of the sketch plan shall be accompanied by a filing fee
according to the current fee schedule as set by the Council to cover
administrative costs. The engineering fee according to the current
fee schedule shall also accompany the sketch plan.
(C) The sketch plan shall meet the requirements stated in Section 4-32.
(D) The sketch plan shall be submitted at least fourteen (14) calendar
days prior to the Planning Board meeting at which it will be
reviewed. The Planning Board shall review the sketch plan for
general compliance with the requirements of this Ordinance and
any other applicable regulations, and forward its comments to the
Council for consideration during the Council's sketch plan review.
(E) Variances. The Council, upon receipt of a recommendation of the
Planning Board, may authorize a variance from the design standards
contained in these regulations, when, in its opinion, undue
hardship may result from strict compliance. In order to grant any
variance, the Council must make the findings required below,
taking into account the nature of the proposed subdivision, the
existing land use in the vicinity, the number of persons to reside or
work in the proposed subdivision and the probable effect of the
proposed subdivision upon traffic conditions in the vicinity. No
variance shall be granted unless the council finds:
(1) That there are special circumstances or conditions affecting
said property such that the strict application of the
provisions of this Ordinance would deprive the applicant of
the reasonable use of his land;
(2) That the variance is necessary for the preservation, or
enjoyment of a substantial property right of the applicant;
(3) That the circumstances giving rise to the need for the
variance are peculiar to the parcel and are not generally
characteristic of other parcels subject to this Ordinance;
and,
(4) That the granting of the variance will not be detrimental to
public health, safety, and welfare or injurious to other
property in the general area in which said property is
situated.
4-21

4-29.2
In granting a variance from the terms of these regulations, the
,
Council may attach any reasonable conditions or safeguards
deemed necessary to insure that the purposes and intent of this
Ordinance are not compromised. No variance shall be granted
which conflicts with any other applicable local, state, or federal
'
statute, ordinance, or regulation.
(F) A copy of the sketch plan with Planning Board comments shall be
'
presented to the Council for its approval priorto submission ofthe
preliminary plat.
Preliminary Plat Submission for Major Subdivisions.
'
(A) Every major subdivision shall be required to submit a preliminary
plat which shall be reviewed by the Planning Board and approved
'
by the Planning Board before any grading, clearing, construction or
installation of improvements may begin (excepting soil tests,
,
wetland surveys, etc.)
(B) The preliminary plat shall be consistent in concept with the ,
previously submitted and approved sketch plan. The preliminary
plat may constitute a portion of the sketch plan. '
(C) Eighteen (18) copies of the preliminary plat as well as any
additional copies which the Planning Director determines are
needed to be sent to other agencies shall be submitted at least
fourteen (14) calendar days prior to the Planning Board meeting at '
which it will be reviewed.
(D) Subdivisions shall be constructed and/or improved as required by '
Articles 15, 16, and 17. Preliminary plats shall contain the '
information items as prescribed in Article 4-32.
(E) The Planning Director shall require that copies of the preliminary '
plat and any accompanying material be submitted to other officials
and agencies concerned with the new development, including, but '
not limited to:
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(1) Technical review committee consisting of the City Manager,
appropriate town Department Heads and, if requested by
the Planning Director or City Manager, a professional
engineer or surveyor who shall confirm the accuracy of the
preliminary plat and shall provide comments on technical
data. If a material inaccuracy is found by such engineer or
surveyor hired by the town, the costs shall be charged to
the subdivider, and no action on the plat shall be taken until
these costs have been paid;
(2) Carteret County Health Department;
(3) Carteret County Board of Education;
(4) The District Engineer of the NC Department of
Transportation;
(5) The NC Department of Health and Natural Resources,
Wilmington Regional Office;
(6) US Army Corps of Engineers and/or Office of Coastal
Management, Morehead City; and
(7) Any other agency deemed appropriate or necessary to
review the plat as determined by the staff, Town Attorney,
Planning Board, or City Council.
(F) The Planning Board shall not approve the preliminary plat and the
final plat of major subdivision at the same meeting. The Planning
Board shall not review the preliminary plat before the comments
from all of the appropriate agencies have been received.
(G) The Planning Board shall, in writing, grant approval, conditional
approval with recommended changes to bring the plat into
compliance, or disapproval with reasons within forty-five (45) days
of its first consideration of the plat.
4-23

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(H) If the Planning Board grants approval of the preliminary plat, it shall
retain one (1) copy of the plat for its minutes and return one (1)
copy of the plat and its recommendations to the subdivider.
(1) If the Planning Board denies the preliminary plat, it shall retain one
(1) copy of the plat for its minutes and return one (1) copy of the
plat and its recommendations to the subdivider.
Q) If the preliminary plat is disapproved, the subdivider may submit a
revised preliminary plat or appeal the decision to the Council
within ten (10) calendar days of the date of disapproval. Approval
bythe Council shall constitute preliminary plat approval as required
by these regulations.
(K) If the Planning Board does not make a written recommendation
within forty-five (45) days after its first consideration of the plat,
the subdivider may apply to the Council for approval unless the
delay is caused by failure of the subdivider to pay engineering or
surveying costs. Approval by the Council shall constitute
preliminary plat approval as required by these regulations.
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4-29.3 Final Plat for Major Subdivisions. '
(A) Upon approval of the preliminary plat by the Planning Board, or by
the City Council if an appeal is heard, the subdivider may proceed
with the preparation of the final plat, and the installation of or
arrangement for required improvements in accordance with the
approved preliminary plat and the requirements of this Ordinance.
No final plat will be accepted for review by the Planning Board
unless accompanied by written notice by the City Manager
acknowledging compliance with the improvement requirements
and guaranty standards of this Ordinance. The final plat shall
constitute only that portion of the preliminary plat which the
subdivider proposes to record. Such portion shall conform to all
requirements of this Ordinance.
(B) Improvements Guaranties. Agreement and Security Required. In lieu
of requiring the completion, installation, and dedication of all
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public improvements prior to final plat approval, the Town of
Morehead City may enter into an agreement with the subdivider
whereby the subdivider shall agree to complete all required
improvements. Once said agreement is signed by both parties and
the security required herein is provided, the final plat may be
approved by the Planning Board if all other requirements of this
Ordinance are met. To secure this agreement, the subdivider shall
provide, subject to approval of the City Manager, either one or a
combination of the following guaranties not exceeding 1.25 times
the entire cost as provided herein:
(1) Surety Performance Bondlsl. The subdivider shall obtain a
performance bond(s) from a surety bonding company
authorized to do business in North Carolina. The bonds
shall be payable to the Town of Morehead City and shall be
in an amount equal to 1.25 times the entire cost, as
estimated by the subdivider and approved by the City
Manager, of installing all required public improvements.
The duration of the bond(s) shall be until such time as the
improvements are in place and approved bythe appropriate
state or local authority.
(2) Cash or Equivalent Security. The subdivider shall deposit
cash, an irrevocable letter of credit, or other instrument
readily convertible into cash at face value (hereinafter
"Instrument"], either with the town or in escrow with a
financial institution designated as an official depository of
the town. The use of any method other than cash shall be
subject to the approval of the town. The amount of deposit
or the face value of the Instrument, as the case may be, shall
be equal to 1.25 times the cost of installing all required
improvements, as estimated by the subdivider and approved
by the City Manager. If cash or an approved Instrument is
deposited in escrow with a financial institution as provided
above, then the subdivider shall file with the City Manager
an agreement guaranteeing the following:
4-25

(a) That said escrow account shall be held in trust until
released by the Council and may not be used,
encumbered, transferred or pledged by the
subdivider in any other matter during the term of
the escrow; and
(b) That in the case of a failure on the part of the
subdivider to complete said improvements, the
financial institution shall, upon notification by the
Council and submission by the Council to the
financial institution of an engineer's estimate of the
amount needed to complete the improvements,
immediately pay to the town the funds estimated to
complete the improvements, up to the full balance
of the escrow payable in full to the town to be used
to pay the costs of completing the improvements.
(3) Default. Upon default, meaning failure on the part of the
subdivider to complete the required improvements in a
timely manner as specified in the performance bond or
escrow agreement, the surety or the financial institution
holding the escrow account upon request of the Council,
shall pay all or any portion of the bond or escrow fund,
including earned interest, to the Town of Morehead City up
to the amount needed to complete the improvements based
on an engineering estimate. Upon payment, the Council, at
its discretion, may expend such portion of said funds as it
deems necessary to complete all or any portion of the
required improvements. All interest earned shall be paid to
the town to be used to pay the costs of completing the
improvements. Any funds and interest not used for
completion of the improvements shall be returned to the
subdivider.
(4) Release of Guaranty Security. The Council may release a
portion of any security or authorize a release from any
escrow posted as the improvements are completed and
recommended for approval by the appropriate state or local
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agency. Within thirty (30) days after receiving the approval,
the Council shall review said improvements, then it may
release such amount of the security posted as in its opinion
represents the fair share of improvements approved and
completed.
(C) The subdivider shall submit the final plat, so marked, at least
fourteen (14) days prior to the Planning Board meeting at which it
will be reviewed. Further, the final plat for the subdivision shall be
submitted not more than twelve (12) months after the date on
which the preliminary plat was approved. Otherwise, such
preliminary approval shall be null and void, unless a written
extension of this limit is granted by the Planning Board for good
cause such as substantial progress towards improvements but not
full completion on or before the twelve (12) month anniversary of
the approval.
(D) The final plat shall be prepared by a Registered Land Surveyor or
Licensed Professional Engineer currently licensed and registered in
the State of North Carolina by the North Carolina State Board of
Registration for Professional Engineers and Land Surveyors. The
final plat shall conform to the provisions set forth in NCGS Section
47-30.
(E) Twelve (12) copies of the final plat shall be submitted. One (1) of
these shall be on reproducible material. The subdivider shall also
submit the final plat and any other information pertinent to the
subdivision in a digital format compatible with Morehead City's
Geographic Information System.
(F) After receipt of final plat approval, the subdivider must file the plat
with the Carteret County Register of Deeds within 90 days. The
final plat shall be of a size suitable for recording with the Carteret
County Register of Deeds and shall be at a scale of not less than
one (1) inch equals one hundred (100) feet. Maps may be placed on
more than one (1) sheet with appropriate match lines. One (1)
reproducible tracing as recorded by the Register of Deeds Office
shall be returned to the City Clerk.
4-27

(G) The subdivider shall file the approved final plat with the Carteret
County Register of Deeds within 90 days of approval by the
Planning Board or Council, or such approval shall be null and void.
One (1) reproducible tracing as recorded by the Register of Deeds
shall be returned to the Municipal Clerk.
(H) The final plat shall meet the specifications in Section 4-32.
Subdivisions shall be constructed and/or improved as required by
this Ordinance.
(1) The following signed certificates shall appear on all twelve (12)
copies of the final plat.
Certificate of Ownership. 1 hereby certify that 1 am the owner of the
property shown and described hereon which is located within the
subdivision jurisdiction of Morehead City, and that 1 hereby adopt
this plan of subdivision with my free consent and establish
minimum building setback lines as noted.
Date Owner
Certificate of Survey and Accuracy. In accordance with the Standards
of Practice for Land Surveying in North Carolina, there shall appear
on the face of each map prepared for recordation a certificate
acknowledged before an officer authorized to take
acknowledgments and executed by the person making the survey
or map, including deeds and any recorded data shown thereon.
The certificate shall include a statement of error of closure
calculated by latitudes and departures. The map shall clearly
indicate all lines which were not actually surveyed and a statement
shall be included in the certificate revealing the sources of
information from which the map was prepared. The certificate shall
take the following general form:
1, , certify that this map was
[drawn by me], (drawn under my supervision] from [an actual survey
made by mej ( an actual survey made under my supervision] of
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]deed description recorded in Book , Page _, etc.] [other];
that the ration of precision as calculated by latitudes and
departures is 1: ]that the boundaries and lines not surveyed are
shown as broken lines platted from information found in Book
Page _1 and that this map was prepared in accordance
with NCGS Section 47-30, as amended.,
Witness my hand and seal this —day of 20_
Official Seal Registered Land Surveyor
Registration Number
1, ]officer authorized to take acknowledgment], to hereby certify
that ]name ofsurveyor] personally appeared before me this day and
acknowledged the due execution of this certificate. Witness my
hand and official seal this day of 20_
Official Seal
'
Signature of Officer
'
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
'
a manner approved by the appropriate state or local authority and
according to Morehead City specifications and standards in the
'
Subdivision or that guaranties of the
installation ofthe required improvements in an amount and manner
'
satisfactory to the Town of Morehead City have been received, and
that the filing fee for this plat has been paid.
City Manager or
' Authorized Representative
Date
' 4-29

Q) The Planning Board shall review the final plat for compliance with
this Ordinance, the approved preliminary plat, and any other
relevant regulations, and shall grant approval, conditional approval
with modification to bring the plat into compliance with the
preliminary plat, or disapproval of the final plat with reasons within
forty-five (45) days of its first consideration of the plat.
(I) The Planning Board shall grant approval of the final plat if
improvements have been constructed in accordance with the
requirements shown on the preliminary plat or an improvements
guaranty has been received, and if all other conditions attached to
the preliminary plat approval have been met. If the Planning Board
grants approval of the final plat, it shall keep one (1) copy of the
plat.
(L) If the Planning Board grants conditional approval of the final plat
with modifications to bring the plat into compliance, it shall retain
one (1) copy of the plat with conditions and forward one (1) copy
of the plat with conditions to the subdivider. If the subdivider
disagrees with the conditional approval given by the Planning
Board, he may appeal to the Council within ten (10) calendar days
of the date of decision.
(M) If the Planning Board disapproves the final plat, it shall instruct the
subdivider concerning resubmission of the revised plat and the
subdivider may make such changes as will bring the plat into
compliance with the provisions of this Ordinance and resubmit the
plat for reconsideration by the Planning Board, or appeal the
decision to the Council.
(N) Failure of the Planning Board to make a written decision within
forty-five (45) days after its review of the final plat shall constitute
grounds for the subdivider to apply to the Council for approval
unless delay is caused by failure of the subdivider to pay
engineering or land surveying fees incurred by the town and
authorized by these regulations.
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(1) If the Planning Board grants conditional approval with
modifications to bring the plat into compliance and the
subdivider appeals to the Council, the Council shall review
and approve or disapprove the final plat within forty-five
(45) days after the plat and recommendations of the
Planning Board have been first considered by the Council.
(0) If the final plat is disapproved by the Council, the reasons for such
disapproval shall be stated in writing, specifying the provisions of
this Ordinance with which the final plat does not comply. One (1)
copy of such reasons and one (1) print of the plat shall be retained
by the Council as part of its proceedings; one (1) copy of the
reasons and one (1) copy of the plat 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 and
resubmit same for reconsideration by the Planning Board and the
Council or by the Council only, as determined by the Council.
(1) If the final plat is approved by the Council, one (1) print of
the plat shall be retained by the subdivider. One (1)
reproducible copy and one (1) print shall be filed with the
Municipal Clerk and one (1) print shall be returned to the
Planning Board for its records.
(P) If the Planning Board or Council approves the final plat, such
approval shall be shown on each copy of the plat by the following
signed certificate:
' Certiflcate of Approval for Recording. 1 hereby certify that this
subdivision plat has been found to comply with the Subdivision
Regulations of Morehead City, North Carolina, and that this plat
' has been approved by the Planning Board/Council for recording in
the Officer of the Register of Deeds of Carteret County.
Municipal Clerk
Morehead City, North Carolina
Date
' 4-31

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(Q) The subdivider shall file the approved final plat with the Register of
Deeds of Carteret County within ninety (90) days of approval by the
Planning Board or Council, or such approval shall be null and void.
One (1) reproducible tracing as recorded by the Register of Deeds
shall be returned to the Municipal Clerk:
4-30 Planned Developments
4-30.1 Planned Development in Planned Development Zoning Districts. Any applicable
requirements of Article 4 of this Ordinance may apply to Planned
Developments to preserve the purpose and intent of the Planned
Development District and Article 4 of this Ordinance, except that streets
within Planned Developments may be private at the discretion of the
subdivider.
4-30.2 Requirements for Townhouse Development.
(A) Preliminary Plat. A preliminary plat of a proposed townhouse
development and a final plat ofthe development shall be submitted
pursuant to Article 4 of this Ordinance and in conformance with
4-28.2(B).
(B) Site Plan. A site plan shall show all requirements of Article 13-2 of
this Ordinance including the location of the buildings, streets,
alleys, walks, parking areas, recreation areas and facilities, and
numbered and dimensional residential sites. The site plan shall
also show the common areas, if any, to be conveyed to a nonprofit
corporate homeowners' association, the members ofwhich shall be
all of the owners of the residential sites within the development.
(C) Townhouse Lot. The site plan shall number and show the locations
and dimensions of townhouse lots within the development. A
townhouse lot shall be that property intended for conveyance to a
fee simple owner after the construction thereon of a single family
residence and shall be sufficient in size to contain the residence
located thereon. The townhouse lot may be of any larger size
desired by the developer. Lot "frontage" may be an open space
property restricted through a homeowners' association to insure
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adequate access if, in the opinion of the town, a public street is
within an acceptable distance and would allow adequate
community services.
(D) Common Areas. All areas which are shown on the site plan other
than public streets and townhouse lots, shall be shown and
designated as common areas, the fee simple title to which shall be
conveyed by the developer to the homeowners' association so as to
reduce the area of the common areas without the express written
consent of the town. However, nothing herein shall prevent the
mortgaging or hypothecating of common properties, provided that
the rights of the mortgagees are subordinated to the rights of the
homeowners' association.
(E) Covenants and Restrictions. The developer shall file with the
application for preliminary approval, a declaration of covenants and
restrictions applicable to the common areas, if any are required by
the Ordinances and Regulations of Morehead City, the
homeowners' association and townhouse lots. The restrictions
shall contain, but not be limited to, provisions for the following:
(1) Homeowners'Association.lfthe plan of development includes
common areas or a common maintenance of residences or
lots, a homeowners' association shall be mandatory and
shall be organized and in legal existence prior to the sale of
any residence in the development.
(2) Membership. If a homeowners' association is organized,
membership in the homeowners' association shall be
mandatory for each original purchaser and each successive
purchaser of residence.
(3) Responsibilities. The homeowners' association shall be
responsible for the payment of premiums for liability
insurance and local taxes on common areas, maintenance of
recreational and other facilities located on the common
areas and payment for capital improvements made to or for
the benefit of the common areas.
4-33

(F)
(4) Assessments. The homeowners' association shall be
'
empowered to levy assessments against the owners of
residences within the development for the payment of
'
expenditures made by the homeowners' association for the
times set forth in the preceding subparagraph and the
'
covenants and restrictions shall provide that any such
assessments not paid by the owner against whom such are
assessed shall constitute a lien on the residence of the
'
owner.
Easements. Easements
(5) over the common areas, if any, for
access, ingress, and egress from and to public streets and
walkways and easements for enjoyment of the common
'
areas, as well as for parking, shall be granted to each owner
of a residence.
'
(6) Walls. All walls between individual residences shall conform
to the requirements of the NC State Building Code and
'
provisions for the maintenance thereof and restoration in
the event of destruction or damage shall be established.
,
Phased Development. Townhouse development may be developed in
sections or phases provided that:
'
(1) The entire project, including phase or section lines, and
'
sequencing receives approval with the preliminary plat.
Nothing herein shall prohibit an unrecorded phase or
section from containing inappropriate densities, setbacks,
,
and off-street parking spaces and open space provided that
any such phase or section at the time of its recordation is
'
combined with other recorded phases or sections of the
development so that the recombined properties conform to
the density, setback, off-street parking, and open space
'
requirement of this Ordinance.
'
(2) The number of dwelling units in the recorded section or
phase conforms to the density requirements for the zoning
district; in the recorded section of phase, the buildings are
'
located so that all setbacks, including peripheral yards, are
met, and off-street parking requirements for the developed
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4-34

portion are observed. Any recorded portion shall conform
to all the requirements of a legal lot.
' 4.31 Completing Developments in Phases
4-31.1 If development is constructed in phases or stages in accordance with this
section, then, subject to Subsection 4-12.3, the provisions ofArticle 4-2 (No
Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and Article
4-11 shall apply to each phase as if it were the entire development.
4.31.2 As a prerequisite to taking advantage of the provisions of Subsection
4-12.1, the developer shall submit plans that clearly show the various
phases or stages of the proposed development and the requirements of
this Ordinance that will be satisfied with respect to each phase or stage.
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4-31.3 If a development that is to be built in phases or stages includes
improvements that are designed to relate to, benefit, or be used by the
'
entire development (such as a swimming pool or tennis courts in a
residential development) then, as part of his application for development
'
approval, the developer shall submit a proposed schedule for completion
of such improvements. The schedule shall relate completion of such
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improvements to completion of one or more phases or stages of the entire
development. Once a schedule has been approved and made part of the
permit by the permit -issuing authority, no land may be used, no buildings
maybe occupied, and no subdivision lots may be sold except in accordance
with the schedule approved as part of the permit, provided that:
'
(A) If the improvement is one required by the Ordinance then the
developer may utilize the provisions of Sections 4-11.1 or 4-11.3;
(B) If the improvement is an amenity not required by this Ordinance or
'
is provided in response to a condition imposed by the Board, then
the developer may utilize the provisions of Section 4-11.2.
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4-32 Information to be Contained in or Depicted on Preliminary and Final Plats.
The preliminary and final plat shall depict or contain the information indicated in the
following table:
P
F
X
S
X
P
F
Title Block X
X
X
a) Subdivision Name
b) Location by Township, County and State
c) Date of Survey
d) Date of Plat Preparation
e) Numerical and Graphic Scale
f) Zoning Designation
g) Name of Surveyor, Engineer, Land Planner, Architect
X
X
X
X
Vicinity Map X
X
X
Corporate Boundaries of Town, Township, County (if X
X
X
applicable)
X
X
Name, Address, Phone Number of Owner(s), Surveyor, X
X
X
Engineer, Land Planner, Architect
X
X
Registration numbers and seals of Professional Engineer X
X
X
and Registered Land Surveyor
X
X
X
X
X
X
X
X
North arrow and orientation X
X
X
Bearings and distances of subdivision boundaries X
X
X
Names of adjoining subdivisions and/or property owners X
X
X
Existing property lines on tract to be subdivided and X
X
X
abutting property lines on adjoining tracts
X
X
X
X
X
X
X
X
Total acreage of tract to be subdivided X
X
X
Total number of lots X
X
X
Minimum lot size X
X
X
Total acreage in parks, recreation areas, and other X
X
X
nonresidential uses
X
X
X
X
X
X
Minimum building setback lines X
X
X
Zoning classification of adjoining properties X
X
X
Existing buildings or other structures including culverts, X
X
X
water courses, storm drains, etc.
X
X
X
X
X
X
Consecutively numbered lots and blocks X
X
X
Approximate lot lines and dimensions X
X
Exact lot lines and dimensions
X
Location of CAMA AECs and 404 wetlands, flood hazard X
X
X
zones, and natural features affecting the site
4-36

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Topographic map with contour intervals no greater than
Tat a scale of not less than I" = I00' for existing and
finished grade elevations
Street Information
a) Proposed layout
b) Existing & platted streets on adjoining property
c) Right-of-way, locations and dimensions
d) Pavement widths
e) Approximate grades
1) Typical street cross-section
g) Proposed street names
h) Type of street dedication (public)
i) Site distances
j) Street length
k) Street disclosure statement
Engineering data for all street corners and curves
Location and dimensions of any:
a) Utility and other easements
b) Buffers
c) Parks and recreation areas
d) School sites
e) Areas to be dedicated to or reserved for public use
I) Drainage easements
g) Public or private water lines
h) Public or private sanitary sewer lines
Consecutively numbered lots and blocks
Approximate lot lines and dimensions
Profiles based upon mean sea level datum for sanitary
sewers and storm sewers
X
X
X I X
X
X I X
Name and location of any property listed on the National X
Register of Historic Places _
DOT driveway permit, if required _
Any necessary water and sewer utility plans
Copy of proposed deed restrictions and restrictive X X
covenants, if any
Letter from Stormwater Management approving the X
stormwater management plan, if required by state
Lot -by -lot evaluation letter from the Carteret County X
Environmental Health Department, if not connecting into
approved public sewage disposal system
Letter approving Erosion and Sedimentation Control Plan, X
if required by state
Note: S = Sketch P = Preliminary F = Final
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PART III PROVISIONS FOR STATUTORY VESTED RIGHT
4.33 Purpose
The purpose of Sections 4-36 through 4-39 are to implement the provisions of G.S. 160A-
385.1 pursuant to which a statutory zoning vested right is established upon the approval of site
specific development plan.
4-34 Establishment of a Zoning Vested Right
4-34.1 A zoning vested right shall be deemed established upon the valid approval,
or conditional approval, by the City Council or Board of Adjustment, as
applicable, of site specific development plan, following notice and public
hearing.
4-34.2 The approving authority may approve a site specific development plan
upon such terms and conditions as may reasonably be necessary to protect
the public health, safety, and welfare.
4-34.3 Notwithstanding Subsections 4-34.1 and 4-34.2, approval of a site specific
development plan with the condition that a variance be obtained shall not
confer a zoning vested right unless and until the necessary variance is
obtained.
4-34.4 A site specific development plan shall be deemed approved upon the
effective date of the approval authority's action or ordinance relating
thereto.
4-34.5 The establishment of a zoning vested right shall not preclude the
application of overlay zoning that imposes additional requirements but
does not affect the allowable type or intensity of use or ordinances or
regulations that are general in nature and are applicable to all property
subject to land use regulations by the town, including, but not limited to,
building, fire, plumbing, electrical, and mechanical codes. Otherwise
applicable new or amended regulations shall become effectivewith respect
to property that is subject to a site specific development plan upon the
expiration or termination of the vested right in accordance with this
Ordinance.
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4-34.6 A zoning vested right is not a personal right, but shall attach to and run
with the applicable property. After approval of a site specific development
plan, all successors to the original landowner shall be entitled to exercise
such right while applicable.
4-35 Approval Procedures and Approval Authority
4-35.1 Except as otherwise provided in this section, an application for site specific
development plan approval shall be processed in accordance with the
procedures established by ordinance and shall be considered by the
designated approval authority for the specific type of zoning or land use
permit or approval for which application is made.
4-35.2 Notwithstanding the provisions of Subsection 4-35.1, if the authority to
issue a particular zoning or land use permit or approval has been delegated
by ordinance to a Board, committee, or administrative official other than
the CityCouncil, Board ofAdjustment, or other planning agency designated
to perform any or all of the duties of the Board of Adjustment in order to
obtain a zoning vested right, the applicant must request in writing at the
time of application that the application be considered and acted on by the
City Council, following notice and a public hearing as provided in G.S.
160A-364.
4-35.3 All applications for vested rights shall be reviewed and commented on by
the Planning Board prior to the public hearing.
4-35.4 In order for a zoning vested right to be established upon approval of site -
specific development plan, the applicant must indicate at the time of
application, on a form to be provided by the town, that a zoning vested
right is being sought.
4-35.5 Each map, plat, site plan, or other document evidencing a site -specific
development plan shall contain the following notation: "Approval of this
plan establishes a zoning vested right under G.S. 160A-385.1. Unless
terminated at an earlier date, the zoning vested right shall be valid until
(date)" and shall be signed by the City Clerk.
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4-39

4-35.6 A vested rights certificate will be issued following approval or conditional
approval of the site -specific development plan containing the date of
approval, if any. Such certificate shall be signed by the City Clerk and the
applicant and shall be recorded in the register of deeds' office in a timely
manner.
4.35.7 Following approval or conditional approval of a site -specific development
plan, nothing in this Ordinance shall exempt such a plan from subsequent
reviews and approvals to ensure compliance with the terms and conditions
of the original approval, provided that such reviews and approvals are not
inconsistent with the original approval.
4-35.8 Nothing in this Ordinance shall prohibit the revocation of the original
approval or other remedies for failure to comply with the terms and
conditions of the approval or the unified development ordinance.
4.36 Duration and Termination
4-36.1 Duration.
(A) A zoning right that has been vested as provided in this Ordinance
shall remain vested for period of two (2) years unless specifically
and unambiguously provided otherwise pursuant to Subsection
4-34.2. This vesting shall not be extended by any amendments or
modifications to a site -specific development plan unless expressly
provided by the approval authority at the time the amendment or
modification is approved.
(B) Notwithstanding the provisions of Subsection 4-36.1(A), the
approval authority may provide that rights shall be vested for a
period exceeding two (2) years but not exceeding five (5) years
where warranted in light of all relevant circumstances, including,
but not limited to, the size of the development, the level of
investment, the need for or desirability of the development,
economic cycles, and market conditions. These determinations
shall be in the sound sole discretion of the approval authority at the
time the site -specific development plan is approved.
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4-36.2
(C) Upon issuance of a building permit, the expiration provisions of
G.S. 160A-418 and the revocation provisions of G.S.160A-422 shall
apply, except that a building permit shall not expire or be revoked
because of the running of time while a zoning vested right under
this section is outstanding.
Termination. A zoning right that has been vested as provided in this
Ordinance shall terminate:
(A) At the end of the applicable vesting period with respect to
buildings and uses for which no valid building permit applications
have been filed;
(B) With the written consent of the affected landowner;
(C) Upon findings by the City Council, by ordinance after notice and a
public hearing, that natural or manmade hazards on or in the
immediate vicinity of the property, if uncorrected, would pose a
serious threat to the public health, safety, and welfare if the project
were to proceed as comtemplated in the site -specific development
plan;
(D) Upon payment to the affected landowner of compensation for all
costs, expenses, and other losses incurred by the landowner,
including, but not limited to, all fees paid in consideration of
financing and all architectural, planning, marketing, legal, and other
consultant's fees incurred after approval by the town, togetherwith
interest thereon at the legal rate until paid. Compensation shall
not include any diminution in the value of the property which is
caused by such action;
(E) Upon finding by the City Council, by ordinance after notice and a
hearing, that the landowner or his representative intentionally
supplied inaccurate information or made material
misrepresentations which made a difference in the approval by the
approval authority of the site -specific development plan; or
4-41

(F) Upon the enactment or promulgation of a state or federal law or
regulations that precludes development as contemplated in the
site -specific development plan, in which case the approval authority
may modify the affected provisions, upon a finding that the change
in state or federal law has a fundamental effect on the plan, by
ordinance after notice and hearing.
4-37 Voluntary Annexation
A petition for annexation filed with the town under G.S. 160A-31 or G.S. 160A-58.1 shall
contain a signed statement declaring whether or nor any zoning vested right with respect to the
properties subject to the petition has been established under G.S.160A-385.1 or G.S.153A-344.1,
or the failure to sign a statement declaring whether or not a zoning vested right shall be
terminated.
4-38 Limitations and Repealer
4-38.1 Nothing in this Ordinance is intended or shall be deemed to create any
vested right other than those established pursuant to G.S. 160A-385.1 is
repealed and the provisions hereof no longer effective.
4-38.2 In the event that G.S. 160A-385.1 is repealed, this Ordinance (Ord. No.
1991-21) shall be deemed repealed and the provisions hereof no longer
effective.
4-39 Conflicts with Other Ordinances and Effective Date
4-39.1 If the terms of this Article (Ord. No. 1991-21) conflict with the provisions
of any other article, the terms of this Article shall govern.
4-39.2 This Ordinance shall become effective upon adoption.
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ARTICLE 5. APPEALS, VARIANCES, INTERPRETATIONS
PARTI GENERAL
5-1 Requests to be Heard Expeditiously
As provided in Article 4-17, the Board of Adjustment shall hear and decide all appeals,
variance requests, and requests for interpretations as expeditiously as possible, consistent with
the need to follow regularly established agenda procedures, provide notice in accordance with
Article 6, and obtain the necessary information to make sound decisions.
PART If APPEALS
5.2 Procedure for Filing an Appeal
5-2.1 An appeal from any final order or decision of the administrator may be
taken to the Board of Adjustment by any person aggrieved, unless
otherwise provided. An appeal is taken by filingwith the administrator and
the Board of Adjustment a written notice of appeal specifying the grounds
therefor. A notice of appeal shall be considered filed with the
administrator and the Board ofAdjustment when delivered to the planning
department, and the date and time of filing shall be entered on the notice
by the planning staff.
5-2.2 An appeal must be filed within 30 days after the date of the decision or
order appealed from, unless otherwise provided.
5-2.3 Whenever an appeal is filed, the administrator shall forthwith transmit to
the Board of Adjustment all the papers constituting the record relating to
the action appealed from.
5-2.4 An appeal stays all actions by the administrator seeking enforcement of or
compliance with the order or decision appealed from, unless the
administrator certifies to the Board of Adjustment that (because of facts
stated in the certificate) a stay would, in his opinion, cause imminent peril
to life or property. In that case, proceedings shall not be stayed except by
order of the Board of Adjustment or a court, issued on application of the
party seeking the stay, for due cause shown, after notice to the
administrator.
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5-1

5-2.5 The Board of Adjustment may reverse or affirm (wholly or partly) or may
modify the order, requirement, decision, or determination appealed from
and shall make any order, requirement, decision, or determination that in
its opinion should be made in the case before it. To this end, the Board
shall have all the powers of the officer from whom the appeal is taken.
PART III VARIANCES
5.3 Procedure for Submitting an Application for a Variance
5-3.1 An application for avariance shall be submitted to the Board ofAdjustment
by filing a copy of the application with the administrator in the planning
department. Applications shall be handled in the same manner as
applications for special -use permits in conformity with the provisions of
Articles 4-3, 4-4, and 4-10.
5-3.2 Variance Criteria.
(A) That special conditions and circumstances exist which are peculiar
to the land, structure, or building involved and which are not
applicable to other lands, structures, or buildings in the same
district;
(B) That literal interpretation of the provisions of this Ordinance would
deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of this Ordinance;
(C) That the special conditions and circumstances do not result from
the actions of the applicant;
(D) That the hardship is of a physical nature and not economic; and
(E) The granting of the variance requested will not confer upon the
applicant any special privilege to use the applicant's property
(hereinafter "the property") in a manner that is denied to other
owner's of land, structures, or buildings within the same zoning
district. For purpose of this Ordinance, "use" shall mean the
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' purpose, activities, or kind of occupation intended, designed, and
arranged to take place upon the property.
5-3.3 In granting variances, the Board of Adjustment may impose such
' reasonable conditions as will ensure that the use of the property to which
the variance applies will be as compatible as practicable with the
surrounding properties.
5-3.4 The nature of the variance and any conditions attached to it shall be
entered on the face of the zoning permit, or the zoning permit may simply
note the issuance of the variance and refer to the written record of the
variance for further information. All such conditions are enforceable in the
same manner as any other applicable requirement of this Ordinance.
5-4 Board Action on Appeals and Variances
5-4.1 With respect to appeals, a motion to reverse, affirm, or modify the order,
requirement, decision, or determination appealed from shall include,
' insofar as practicable, a statement of the specific reasons or findings of
facts that support the motion. If a motion to reverse or modify is not made
or fails to receive the four -fifths vote necessary for adoption (see Article
3-6), then a motion to uphold the decision appealed from shall be in order.
This motion is adopted as the Board's decision if supported by more than
one -fifth of the Board's membership (excluding vacant seats).
5-4.2 Before granting a variance, the Board must take a separate vote and vote
' affirmativelyon each of the six required findings stated in Subsection 5-3.2.
Insofar as practicable, a motion to make an affirmative finding on each of
the requirements set forth in Subsection 5-3.2 shall include a statement of
the specific reasons or findings of fact supporting such motion.
r5-4.3
A motion to deny a variance may be made on the basis that any one or
more of the six criteria set forth in Subsection 5-3.2 are not satisfied or
'
that the application is incomplete. Insofar as practicable, such a motion
shall include a statement of the specific reasons or findings of fact that
'
support it. This motion is adopted as the Board's decision if supported by
more than one -fifth of the Board's membership (excluding vacant seats).
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PART IV INTERPRETATIONS
5-5 Procedure for Board of Adjustment Interpretation
5-5.1 The Board of Adjustment is authorized to interpret the zoning map and to
pass upon disputed questions of district boundary lines and similar
questions. If such questions arise in the context of an appeal from a
decision of the Land Use Administrator, theyshall be processed as provided
in Article 5-2.
5-5.2 Where uncertainty exists as to the boundaries of districts as shown on the
Official Zoning Map, the rules provided in Article 2-3 shall apply.
5-5.3 Interpretations of the location of floodway and floodplain boundary lines
may be made by the administrator as provided in Article 18-4.
5-4

ARTICLE 6. HEARING PROCEDURES FOR APPEALS AND APPLICATIONS
i
6-1 Hearing Required on Appeals and Applications
' 6-1.1 Before making a decision on an appeal or an application for a variance,
special -use permit, or a petition from the planning staff to revoke a special -
use permit, the Board of Adjustment, as the case may be, shall hold a
hearing on the appeal or application.
6-1.2 Subject to Subsection 6-1.3, the hearing shall be open to the public and all
' persons interested in the outcome of the appeal or application shall be
given an opportunity to present evidence and arguments and ask questions
of persons who testify.
6-1.3 The Board of Adjustment may place reasonable and equitable limitations
on the presentation of evidence and arguments and the cross-examination
of witnesses so that the matter at issue may be heard and decided without
undue delay.
6-1.4 The hearing Board may continue the hearing until a subsequent meeting
' and may keep the hearing open to take additional information up to the
point a final decision is made. No further notice of a continued hearing
need be published unless a period of six weeks or more elapses between
hearing dates.
6-2 Notice of Hearing
tThe administrator shall give notice of any hearing required by Article 6-1 as follows:
6-2.1 The Board of Adjustment shall fix a reasonable time for the hearing of the
appeal, give public notice thereof, published in a newspaper of general
circulation in the town at least once each week for two (2) successive
' weeks prior to the hearing.
' 6-2.2 The notice required by this section shall state the date, time, and place of
the hearing, reasonably identify the lot that is the subject of the
6-1

application or appeal, and give a brief description of the action requested
or proposed.
6-3 Evidence
6-3.1 The provisions of this section apply to all hearings for which a notice is
required by Article 6-1.
6-3.2 All persons who intend to present evidence to the permit -issuing Board,
rather than arguments only, shall be sworn.
6-3.3 All findings and conclusions necessary to the issuance or denial of the
requested permit or appeal (crucial findings) shall be based upon reliable
evidence. Competent evidence (evidence admissible in a court of law) shall
be preferred whenever reasonably available, but in no case may crucial
findings be based solely upon incompetent evidence unless competent
evidence is not reasonably available, the evidence in question appears to
be particularly reliable, and the matter at issue is not seriously disputed.
6-4 Modification of Application at Hearing
6-4.1 In response to questions or comments by persons appearing at the hearing
or to suggestions or recommendations by the City Council or Board of
Adjustment, the applicant may agree to modify his application, including
the plans and specifications submitted.
6-4.2 Unless such modifications are so substantial or extensive that the Board
cannot reasonably be expected to perceive the nature and impact of the
proposed changes without revised plans before it, the Board may approve
the application with the stipulation that the permit will not be issued until
plans reflecting the agreed upon changes are submitted to the planning
staff.
6-5 Record
6-5.1 A tape recording shall be made of all hearings required by Article 6-1, and
such recordings shall be kept for at least two years. Accurate minutes shall
also be kept of all such proceedings, but a transcript need not be made.
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' 6-5.2 Whenever practicable, all documentary evidence presented at a hearing as
well as all other types of physical evidence shall be made a part of the
record of the proceedings and shall be kept by the town for at least two
years.
' 6-6 Burden of Proof in Appeals and Variances
6-6.1 When an appeal is taken to the Board of Adjustment in accordance with
Article 5-2, the administrator shall have the initial burden of presenting to
' the Board sufficient evidence and argument tojustify the order or decision
appealed from. The burden of presenting evidence and argument to the
' contrary then shifts to the appellant, who shall also have the burden of
persuasion.
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6-6.2 The burden of presenting evidence sufficient to allow the Board of
Adjustment to reach the conclusions set forth in Subsection 5-3.2. as well
as the burden of persuasion on those issues, remains with the applicant
seeking the variance.
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ARTICLE 7. ENFORCEMENT AND REVIEW
7-1 Complaints Regarding Violations
Whenever the administrator receives a written, signed complaint alleging a violation of
this Ordinance, he shall investigate the complaint, take whatever action is warranted, and inform
the complainant in writing what actions have been or will be taken.
' 7-2 Persons Liable
The owner, tenant, or occupant of any building or land or part thereof and any architect,
builder, contractor, agent, or other person who participates in, assists, directs, creates, or
maintains any situation that is contrary to the requirements of this Ordinance may be held
responsible for the violation and suffer the penalties and be subject to the remedies herein
provided.
7-3 Procedures Upon Discovery of Violations
7-3.1 If the administrator finds that any provision of this Ordinance is being
violated, he shall send a written notice to the person responsible for such
violation, indicating the nature of the violation and ordering the action
necessary to correct it. Additional written notices may be sent at the
administrator's discretion.
1 7-3.2 The final written notice (and the initial written notice may be the final
notice) shall state what action the administrator intends to take if the
violation is not corrected and shall advise that the administrator's decision
or order may be appealed to the Board of Adjustment in accordance with
Section 7-4.
7-3.3 Notwithstanding the foregoing, in cases when delay would seriously
threaten the effective enforcement of this Ordinance or pose a danger to
the public health, safety, or welfare, the administrator may seek
enforcement without prior written notice by invoking any of the penalties
' or remedies authorized in Section 7-4.
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74 Penalties and Remedies for Violations I
74.1 Violations of the provisions of this Ordinance or failure to comply with any
'
of its requirements, including violations of any conditions and safeguards
established in connection with grants of variances or special -use permits,
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shall constitute a misdemeanor, punishable by a fine of up to $50, or a
maximum 30 days imprisonment, or both.
'
74.2 Any act constituting a violation of the provisions of this Ordinance or a
failure to comply with any of its requirements, including violations of any
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conditions and safeguards established in connection with the grants of
variances or special -use permits, shall also subject the offender to a civil
penalty of $25. If the offender fails to pay this penalty within 30 days after
being cited for a violation, the penalty may be recovered by the town in a
civil action in the nature of debt. A civil penalty may not be appealed to
the Board of Adjustment if the offender was sent a final notice of violation
in accordance with Section 7-3 and did not take an appeal to the Board of
Adjustment within the prescribed time.
7-4.3 This Ordinance may also be enforced by any appropriate equitable action. 1
7-4.4 Each day that any violation continues after notification by the ,
administrator that such violation exists shall be considered a separate
offense for purposes of the penalties and remedies specified in this section. '
7.4.5 Any one, all, or any combination of the foregoing penalties and remedies
may be used to enforce this Ordinance.
7-5 Permit Revocation I
7-5.1 A zoning or special -use permit may be revoked by the permit -issuing ,
authority (in accordance with the provisions of this section) if the permit
recipient fails to develop or maintain the property in accordance with the
plans submitted, the requirements of this Ordinance, or any additional '
requirements lawfully imposed by the permit -issuing Board.
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' 7-5.2 Before a special -use permit may be revoked, all of the notice and hearing
and other requirements of Article 6 shall be complied with. The notice
shall inform the permit recipient of the alleged grounds for the revocation.
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7-5.3 Before a zoning permit may be revoked, the administrator shall inform the
recipient of the alleged reasons for the revocation and of his right to
appeal the decision in accordance with this Ordinance. If the permit is
revoked, the administrator shall provide to the permittee a written
statement of the decision and the reasons therefore.
7-5.4 No person may continue to make use of land or buildings in the manner
' authorized by any zoning or special -use permit after such permit has been
revoked in accordance with this Ordinance.
1 7.6 judicial Review
7-6.1 Every final decision of the Board of Adjustment shall be subject to review
by the Superior Court of Carteret County by proceedings in the nature of
certiorari.
7-6.2 The petition for the writ of certiorari must be filed with the Carteret
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County Clerk of Court within 30 days after the Board's decision.
7-6.3 A copy of the writ of certiorari shall be served upon the Town of Morehead
City.
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ARTICLE 8. NONCONFORMING SITUATIONS
8-1 Intent
' This section places restrictions on the use and development of land by establishing
' minimum standards. In many instances, land and improvements were developed or proposals for
the use of land were initiated prior to the adoption of this Ordinance. These uses may not meet
the minimum standards contained in this Ordinance because they were developed under no
specific standards or under standards which were less restrictive. The City Council recognizes
that the strict application of these standards to such uses may create certain hardships for the
property owner. The City Council also recognizes that these uses may be allowed to continue in
use in accordance with the spirit of this Ordinance even though not meeting the Ordinance
' standards. Therefore, the uses or situations described below are accorded a nonconforming
status with all the specific privileges and limitations set forth to govern their existence.
(Ord. No. 1996-20, 5.14-96)
' 8-2 Nonconforming Lots
A nonconforming lot is a lot which does not conform to the size requirements of this
Ordinance for the district in which it is located, either at the effective date of this Ordinance or
as a result of subsequent amendments which may be incorporated in this Ordinance.
A nonconforming vacant lot may be used for any of the uses permitted by this Ordinance
in the district in which it is located if the use of the lot meets the following standards:
8-2.1 The minimum requirements for front, side and rear yards, height of
structures, and unobstructed open space for the particular district must be
met;
' 8-2.2 Two-family and multifamily dwellings must meet the minimum lot
standards in Section 13-1;
8-2.3 The lot in question does not abut a lot which could be combined with it to
make it conforming which is under common ownership;
' 8-2.4 A legally recorded plat or deed shall be required prior to obtaining any
' building permits. (Ord. No. 1996-20, 5-14-96)
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8-3 Nonconforming Structures
A nonconforming structure is a structure which does not meet the minimum requirements
for area, front, side or rear yard setbacks, height requirements or which exceeds the allowable
lot coverage for the district in which it is located. A nonconforming structure may be improved
or expanded in accordance with the following standards:
8-3.1 Any improvement or expansion of any nonconforming structure must
comply with the minimum requirements of the Ordinance for front, side,
and rear yard, height and unobstructed open space for the district in which
the lot is located.
8-3.2 Any improvement or expansion shall not increase the nonconformity.
Example: Adding additional living space on a second floor, for example,
within the existing exterior dimensions (i.e. the "footprint") of a dwelling
will not be considered as increasing the nonconformity even if the exterior
dimensions do not meet the current setback requirements. However, ifthe
exterior dimensions of the dwelling are changed, it will be considered as
an impermissible extension of the nonconformity.
84 Reconstruction, Restoration, and Replacement of Damaged Nonconforming Structures
8-4.1 No special use permit required from the Board of Adjustment. The rebuilding,
reconstruction, restoration, or replacement of any zoning nonconforming
structure which was damaged or partially destroyed by: the exercise of
eminent domain; man -caused acts such as fire, accident, explosion; or
flood, lightning, wind, or other calamity or natural act, does not require a
special use permit if all of the following are met:
(A) The cost of rebuilding, reconstructing, or restoring is less than
seventy-five (75) percent of the replacement cost of the original
nonconformity as determined at the time such damage or
destruction occurred.
(B) The nature and degree of the nonconforming use or structure is not
expanded, changed, or increased from that which existed prior to
the damage or destruction, except as provided in Article 8-3.
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(C) A completed application for a building permit to substantially
rebuild, reconstruct, or restore the nonconformity is submitted to
the building inspections department within one year ofthe date the
nonconformity was damaged or destroyed.
84.2 Special use permit required from Board of Adjustment. The rebuilding,
reconstruction, or restoration of any zoning nonconforming structure
which was damaged or partially destroyed by; the exercise of eminent
domain; man-made acts such as fire, accident, explosion; or flood,
lightning, wind, or other calamity or natural act, requires a special use
permit from the Board of Adjustment if one (1) or more of the following
apply.
(A) The cost of rebuilding, reconstructing, and restoring is seventy-five
(75) percent or more of the replacement cost of the original
nonconformity as determined at the time such damage or
destruction occurred.
' (B) A completed application for a building permit to substantially
rebuild, reconstruct, or restore the nonconformity has not been
submitted to the building inspection department within one (1)
year of the occurrence of the damage or destruction.
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Permission may be granted for the restoration of a nonconforming
structure if the Board of Adjustment finds from the evidence that the
provisions of Article 3-7.2 are met.
(Ord. No. 1996-20, 5-14-96)
8-5 Nonconforming Uses
A nonconforming use is a use which existed prior to the adoption of this Ordinance or an
amendment thereto, which would not be permitted by this Ordinance or an amendment thereto
in the district in which it is located. This type of use may be continued subject to the following
limitations:
8-5.1 Maintenance and repairs which are necessary to keep a structure which
houses a nonconforming use in a safe and sound condition must be carried
out in a timely manner;
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8-5.2 junk, scrap paper or metal, waste, discarded or salvaged material, including
abandoned automobiles, shall not be considered a legal nonconforming
use.
8-6 Resumption of Nonconforming Uses
8-6.1 Not more than 180 days has elapsed. Reusing or restarting a zoning
nonconforming use which visibly ceased or was abandoned, discontinued,
or unused for a continuous period of less than one hundred eighty (180)
days is allowed provided that the nature and degree of the nonconformity
will not be changed or increased from that which existed before the
nonconformity became visibly abandoned, discontinued, unused or
unoccupied or ceased.
8-6.2 More than 180 days has elapsed. Any nonconforming use which has been
visibly discontinued, unused, abandoned or ceased for a continuous period
of one hundred eighty (180) days or more is not allowed thereafter to
resume or restart. If a site where the nonconforming use has being (been)
actively offered for sale during the 180-day period and has not been sold,
the Land Use Administrator may grant one additional 180-day continuance
from the date the nonconforming use was visibly abandoned, discontinued,
became unused, unoccupied, or ceased provided the request for extension
was made prior to the expiration of the initial one -hundred -eighty -day
period. The only use permitted thereafter is a use which will conform to
the use regulations in the zoning district.
8-7 Expansion of Nonconforming Uses
The expansion, extension, or alteration of nonconforming use is permitted with a special
use permit from the Board of Adjustment.
Permission may be granted for the expansion, extension, or alteration of a nonconforming
use if the Board of Adjustment finds from the evidence that the provisions of Article 3-7.2 and
3-7.3 are met.
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' 8-8 Change of Nonconforming Use
The change of an existing nonconforming use to another nonconforming use may be
allowed by a special use permit issued by the Board of Adjustment, provided, however, that the
' new use will have no greater adverse affect on the surrounding property than the existing use.
' Once a nonconforming use of a structure has been changed to a conforming use, there
shall not be a return to any nonconforming use.
(Ord. No. 1996-20, 5-14-96)
' 8-9 Changes in Zoning
Any structure or use which becomes nonconforming as a result of a change in a zoning
classification or district boundary or bya change in the provisions in the Ordinancewill be subject
' to the provisions of this section.
(Ord. No. 1996-20, 5-14.96)
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ARTICLE 9. ZONING DISTRICTS AND ZONING MAP
PART 1 ZONING DISTRICTS
9-1 Interpretation and Application
In interpreting and applying these regulations, the requirements contained herein are
declared to be the minimum requirements necessary to carry out the purpose of these
regulations. Except as provided herein, these regulations shall not be deemed to interfere with,
abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, deed
restrictions, or other agreements between parties. (Wherever the provisions of these regulations
impose greater restrictions upon the use of the land or buildings or require a larger percentage
of lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits,
or any easements, covenants, or deed restrictions, then the provisions of these regulations shall
govern.)
' 9-2 Only One Principal Residential Use Upon Any Lot
There shall be no more than one principal residential use upon any lot except as provided
in Article 9.
' 9-3 Maintenance of Open Spaces
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No yard shall be encroached upon or reduced in any manner except in conformity with
these regulations. No yard for one principal building shall be considered as a yard for any other
principal building. Shrubbery, driveways, retaining walls, fences, curbs, ornamental objects, and
planted buffer strips shall not be construed to be encroachments on yards. Eaves shall be allowed
to project into a minimum required yard no more than twenty-four (24) inches.
9-4 Street Access
No building shall be erected on a lot which is not contiguous to an open street or alley
dedicated to the property owners in a subdivision or to the public or both, which street or alley
has been improved in accordance with applicable laws and regulations.
Multi -family housing approved in accordance with the applicable regulations is exempt
from this section.
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9-5 Lots With Multiple Frontages
In the case of a corner lot having frontage on two (2) or more streets, all buildings shall
be set back from such street a distance equal to the minimum front yard requirements for the
district.
9-6 Uses Prohibited
If a use or class of uses is not specifically indicated as being allowed in a district, either
as a matter of right or as a special use, then such use or class of uses is prohibited in such district.
9-7 Compliance with Coastal Area Management Act
Prior to the issuance of any initial zoning permit or zoning change permit, the Land Use
Administrator and local CAMA permit officer shall certify that the proposed use or structure
complies with development standards of the "State Guidelines for Areas of Environmental
Concern" prior to issuing any zoning permit.
Cross reference —Article 21, Coastal Area Management.
9-8 Rounding Off Fractions
When any requirements of this Ordinance results in a fraction of a unit, a fraction of one-
half or more will be rounded up and considered a whole unit. Fractions of less than one-half will
be rounded down to the next whole unit. For example, when the determination of the number
of dwelling units permitted on a lot results in a fraction of a dwelling unit, a fraction of one-half
or more will be considered a dwelling unit and a fraction of less than one-halfwill be disregarded.
This section does not apply to minimum lot size requirements.
9-9 Lots With Primary Access From a Publicly Dedicated Alley
In the event that a waterfront lot can only be accessed from an alley, the front lot line shall
be considered along the waterfront, the side lot lines shall parallel the north/south alley and the
rear lot line shall be opposite the front lot line.
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9-10 Lots Abutting Waterfront Street Ends
A lot which abuts a waterfront street end shall be treated as a corner lot. For the purposes
of defining setbacks, a corner lot shall have two (2) front lot lines and two (2) side lot lines. Front
setbacks shall be met along the street front and waterfront lot lines. See Article 9-14.
9-11 Residential Districts Established
9-11.1 The following residential districts are hereby established: R-5, R-5S, R-7, R-
10, R-15, R-15M, R-15SM, R-20, and RMF. Each of these districts is
designed and intended to secure for the persons who reside there a
comfortable, healthy, safe, and pleasant environment in which to live,
sheltered from incompatible and disruptive activities that properly belong
in nonresidential districts. Other objectives of some of these districts are
explained in the remainder of this section.
9-11.2 R-5 Residential District. The purpose of this district shall be to maintain a
minimum lot size of five thousand (5,000) square feet, a density of not
more than eight (8) dwelling units per acre to allow single-family dwellings
and such other uses that will not interfere with the development of
residences in the district and which would not be detrimental to the quiet
residential nature of the areas included within the district, and to prevent
the development of blight and slum conditions.
9-11.3 R-SSSingle-Family Residential District. The purpose of this district shall be to
maintain a minimum lot size of five thousand (5,000) square feet, a density
of not more than eight (8) dwelling units per acre to allow only single-
family dwellings and such other uses that will not interfere with the
development of residences in the district which would not be detrimental
to the quiet residential nature of the areas included within the district; and
to prevent the development of blight and slum conditions.
9-11.4 R-7Single-Family Residential District. The purpose of this district shall be to
maintain a minimum lot size of seven thousand (7,000) square feet, a
density of not more than six (6) dwellings units per acre; to allow for
single -and two-family dwellings and such other uses allowed as special uses
which would not interfere with single-family and two-family residences in
the district and which would not be detrimental to the quiet residential
9-3

nature of the areas included within the district; and to prevent the
development of blight and slum conditions.
9-11.5 R-10 Single -Family Residential District. The purpose of this district shall be to
maintain a minimum lot size often thousand (10,000) square feet, a density
of not more than four (4) dwelling units per acre; to allow for single-family
dwellings and such other uses allowed as special uses which would not
interfere with single-family residences in the district and which would not
be detrimental to the quiet residential nature of the areas included within
the district; and to prevent the development of blight and slum conditions.
9-11.6 R- 15 Single -Family Residential District. The purpose of this district shall be to
maintain a minimum lot size of fifteen thousand (15,000) square feet, a
density of not more than two and one-half (2.5) dwelling units per acre; to
allow for single-family dwellings and such other uses allowed as special
uses which would not interfere with single-family residences in the district
and which would not be detrimental to the quiet residential nature of the
area included within the district; and to prevent the development of blight
and slum conditions.
9-11.7 R-ISM Single -Family ResidentiallMobile Home District. The purpose of this
district shall be to maintain a minimum lot size of fifteen thousand (15,000)
square feet, a density of not more than two and one-half (2.5) dwelling
units per acre; to allow for single-family dwellings and such other uses
allowed as special uses which would not interfere with single-family
residences in the district and which would not be detrimental to the quiet
residential nature of the area included within the district; and to prevent
the development of blight and slum conditions.
9-11.8 R-15SM Single -Family Residential/Single-Family Mobile Home District. The
purpose of this district shall be to maintain a minimum lot size of fifteen
thousand (15,000) square feet, a density of not more than two and a half
(2.5) dwelling units per acre; to allow for single-family dwellings and single-
family mobile homes on individual lots and such other uses as listed which
would not interfere with single-family in the district and which would not
be detrimental to the quiet residential nature of the areas included within
the district; and to prevent the development of blight and slum conditions.
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9-11.9 R-20 Single -Family Residential District. The purpose of this district shall be to
maintain a minimum lot size of twenty thousand (20,000) square feet, a
density of not more than two (2) dwelling units per acre; to allow for
single-family dwellings and such other uses allowed as special uses which
would not interfere with single-family in the district and which would not
be detrimental to the quiet residential nature of the areas included within
the district; and to prevent the development of blight and slum conditions.
9-11.10 RMF Residential Multifamily District. The purpose of this district shall be to
provide and protect areas deemed necessary or desirable for multifamily
use and uses customarily related to multifamily residences. A residential
multifamily district shall be composed of not less than three (3) contiguous
acres. Existing alleys may be included in the computation of acreage.
Dedicated streets shall not be computed as part of the district, and areas
separated by dedicated streets shall not be considered contiguous. The
entire city block shall be located entirely above the mean high water mark.
All contiguous additions to residential multifamily (RMF) districts shall be
not less than three (3) acres unless such addition is a continuance of an
existing multifamily development and is connected by a common
street/parking system which is under one ownership. If the contiguous
addition is under the same ownership as the established multifamily
development and continues the multifamily development and is connected
by a common street/parking system, the addition may be less than three (3)
acres.
9-12 Commercial Districts Established.
9-12.1 The following commercial districts are hereby established: CD, CM, CMD,
CN, CH, and CS. These districts are created to accomplish the purposes
and serve the objectives set forth in the remainder of this section.
9-12.2 CD Downtown Commercial District. The purpose of this district is to provide
convenient shopping and service facilities for pedestrian traffic by
promoting a compact development of commercial uses.
9-12.3 CM Commercial Marina District. The purpose of this district is to promote
the tourist and marina character ofwaterfront areas that attract tourists to
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9.13
the Morehead City area. Only those uses that will support and
complement the marina and commercial fishing atmosphere shall be
allowed in this district. '
9-12.4 CMD Commercial Marina Downtown District. The purpose of this district is
,
to promote the tourist and marina character of waterfront areas that
attract tourists to the Morehead City area. Only those uses that will
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support and complement the marina and commercial fishing atmosphere
will be allowed in this district. The boundaries of the CMD district shall be
as follows: all of those areas, lots, tracts, and parcels of land that were
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zoned commercial marina (CM) district as of March 8, 1982, which lie east
of Eighth Street, west of Third Street, north of Bogue Sound, south of the
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south right-of-way margin ofArendell Street and including the Yacht Basin
area north of the north right -of-way margin ofArendell Street.
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9-12.5 CN Commercial Neighborhood District. The purpose of this district shall be
to provide convenient shopping facilities which have a low impact on
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surrounding residential properties.
9-12.6 CH Highway Commercial District. The purpose of this district shall be to '
provide for and encourage the proper grouping and development of
roadside uses which will best accommodate the needs of the motoring '
public and of business demanding high volume traffic.
9-12.7 CS
Shopping Center District. The purpose of this district is to provide
convenient shopping and service facilities for pedestrian traffic, to promote
a compact development of commercial uses, and to ensure that off-street
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parking will be controlled, that pedestrian walkways and suitable
landscaping will be developed, and the buildings will be located and
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constructed in a manner which reflects an appropriate appearance. The
minimum lot size for a CS district shall be 2.18 acres (94,960 square feet).
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Industrial Districts Established
,
9-13.1 The following districts are hereby established primarily to accommodate
enterprises engaged in the manufacturing, processing, creating, repairing,
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renovation, painting, cleaning, or assembling of goods, merchandise, or
equipment: IU and IP. These districts are created to accomplish the
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9-14
purposes and serve the objectives set forth in the remainder of this
section.
9.13.2 IU Unoffensive Industry District. The purpose of this district shall be to
provide for and protect areas for those uses of an industrial, warehousing,
and storage nature which do not create noise, odor, smoke, dust, airborne
debris, or other objectionable characteristics which might be detrimental
to surrounding neighborhoods, either residential, commercial, or industrial
or to the other uses permitted in the district. Uses in the IU district
reference the Standard Industrial Classification (SIC) System by number, if
applicable. The SIC is located in Appendix I.
9-13.3 IPPort-Industrial District. The purpose of this district shall be to provide and
protect areas for those uses which would offend the community by
excessive noise, odor, smoke, dust, airborne debris, or any other
objectionable characteristic which might be detrimental to the health,
safety, and welfare of surrounding neighborhoods and the community.
Uses in the IP district reference the Standard industrial Classification (SIC)
System by number, if applicable. The SIC is located in Appendix I.
Office and Institutional Districts Established.
9-14.1 The following office and institutional districts are hereby established: O&P,
MA, and IC. These districts are created to accomplish the purposes and
serve the objectives set forth in the remainder of this section.
9-14.2 O&P Dffce and Professional District. The purpose of this district shall be to
create and maintain areas in which businesses and professional uses may
be established between heavy commercial or industrial districts and
residential districts or in other areas where appropriate.
9-14.3 MA Medical Arts District. The purpose of this district shall be to create and
maintain areas in which hospitals and doctors' and dentists' offices and
clinics may be compatibly mixed, in order that these related uses can be
near each other for doctor and patient convenience, and in order that a
healthful living environment in abutting residential areas will not be
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9-15
9-14.4 IC Institutional Campus District. The purpose of this zoning district shall be
to provide for the establishment of areas for a Flexible mix of
noncommercial uses related to the activities of schools, churches, and
government on a tract of land not less than ten (10) acres in size with a
minimum two hundred foot frontage on a public road. An established
district maybe expanded to include contiguous lands without regard to the
ten -acre minimum, so long as all land and structures within the district
remain under the unified control of one certified nonprofit organization or
public authority.
Planned Development District.
9-15.1 Intent. It is the intent to establish a new planned development district (PD)
for specialized purposes where tracts suitable in location, area, and
character for the uses and structures proposed are to be planned and
developed on a unified basis. Suitability of tracts for the development
proposed shall be determined primarily by reference to the Morehead City
Land Use Plan, but due consideration shall be given to the existing and
prospective character of surrounding development.
9-15.2
The intent of this district is to permit Flexibility from conventional
development controls of use, setback, height, and minimum lot size
requirements of other zoning districts while at the same time provide
criteria for planned development based on performance.
Within the PD district, the regulations are designed to accomplish the
purposes of zoning and the subdivision regulations to an equivalent or
higher degree than where such regulations are designed to control
unscheduled development on individual lots and to promote economical
and efficient land use; an improved level of amenities, such as open space;
appropriate and harmonious variety; creative design; and a better
environment.
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Planned Development, Defined. For the purposes of these regulations, a
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planned development shall be:
'
(A) Land under unified control and shall be planned and developed as
a whole.
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(B) In a single development operation or a definitely programmed
series of development operations, including all lands and buildings.
(C) For principal and accessory structures and uses substantially related
to the character and purposes of the district.
(D) Developed according to detailed plans that include, but are not
limited to, streets, utilities, lots, or building sites and the like and
for all buildings as intended to be located, constructed, used, and
related to each other.
(E) Designed with a program for provision, operation, and maintenance
of such areas, facilities, and improvements as will be for common
use by some or all of the occupants of, or visitors to, the district,
but such program will not be provided, operated, or maintained at
general public expense.
9-15.3 Planned developments are subject to the requirements set forth in Article
12-1.
9-16 Floodplain District
9-16.1 FPFloodplain District. The purpose of this district shall be to encourage the
utilization of the Floodplains by uses which would not be damaged or
destroyed by high waters and to ensure proper watershed management
procedures. Due to the environmentally sensitive nature oflands classifiied
in the FP district, all uses shall be considered as special uses. This will
permit the town to review the size and scope of the project.
PART 11 OFFICIAL ZONING MAP
9-17 Zoning Map is a Part of this Ordinance
The planning area is hereby divided into districts whose locations and boundaries are
shown on the official zoning map for the Town of Morehead City, which is hereby adopted by
reference and declared to be a part of this Ordinance.

The map shall be identified by the signature of the Mayor, attested by the City Clerk, and
bearing the official seal of the Town of Morehead City under the following words: "This is to
certify that this is the official zoning map referred to in Article 9, Part II of the Unified
Development Ordinance for the Town of Morehead City, North Carolina." The date of adoption
and subsequent amendments shall also be shown.
9-18 Replacement of the Official Zoning Map
In the event that the official zoning map becomes damaged, destroyed, lost, or difficult
to interpret, the City Council may, by ordinance, adopt a new official zoning map which shall be
the same in every detail as the map it supersedes. The new map shall bear the seal of the town
under the followingwords: "This is to certifythat this official zoning map supersedes and replaces
the official zoning map adopted and referred to in Article 9, Part II of the Unified Development
Ordinance for the Town of Morehead City, North Carolina." The date of adoption of the new
official zoning map shall also be shown.
9-19 Maintenance of the Official Zoning Map
Upon notification by the City Council that a zoning change has been made, the City
Manager shall cause to be made the necessary changes on the official zoning map within seven
(7) calendar days of notification. The Land Use Administrator shall be responsible for the
maintenance and revision of the official zoning map after being notified by the City Manager.
NOTE: See Article 24 for Amendment Criteria.
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ARTICLE 10. CONDITIONAL USE DISTRICT
10-1 Purpose
This Ordinance contains regulations which establish zoning districts and assigns land uses
to one or more of these districts. The Ordinance also provides standards for development which
regulate lot sizes, yards, parking, and open space. There are, however, certain circumstances
which often arise when a general zoning district designation would not be appropriate for a
certain property, but a specific use permitted under the district would be consistent with the
objectives of this Ordinance. In order to accommodate this situation, this section establishes the
conditional use district process.
The conditional use district process is established to address those situations involving
a rezoning when a particular use may be acceptable but the general classification which would
allow that use would not be acceptable. It allows the City Council to approve a rezoning proposal
for a specific use with reasonable conditions to assure the compatibility of the use with
surrounding properties. Any use permitted under this process must also conform to the
development regulations for the corresponding general zoning district. This is a voluntary
procedure which is intended for firm development proposals. It is not intended or suited for
securing early zoning for tentative proposals which may not be undertaken for some time.
10-2 Application and Review Process
The following process applies to the conditional use district:
10-2.1 Application. Rezoning petitions to establish a conditional use district must
be submitted to the planning board and will be processed in accordance
with Article 24.3 as well as the provisions of this section. A conditional use
district classification will be considered only if the application is made by
the owner of the property or his/her authorized agent. All applications
must include a schematic plan drawn to scale, any supporting text for the
ordinance amendment and the following item:
(A) A boundary survey showing the total acreage, present zoning
classification(s), date, and north arrow;
10-1

(B) The owners' names, addresses, and the tax parcel numbers of all
abutting properties as shown on the tax records;
(C) All existing easements, reservations, and rights -of -way and all
setback requirements for the zoning district requested;
(D) Proposed use of the land and structures. For residential uses, this
should include the number of units and an outline of the area
where the structures will be located. For nonresidential uses, this
should include the approximate square footage of all structures and
an outline of the area where the structures will be located;
(E) Traffic, parking, and circulation plans, showing the proposed
locations and arrangement of parking spaces and access points to
adjacent streets.
10-2.2 Additional Requirements. It may be necessary to request additional
information in order to evaluate a proposed use and its relationship to the
surrounding area. Therefore, the Planning Board and/or City Council may
request additional information as it deems necessary. This information
may include, but is not limited to:
(A) Proposed buffering, including walls, fences, or planting areas as
well as treatment of any existing natural features;
(B) Delineation of areas within the regulatory flood zone as shown on
the official FEMA flood zone maps;
(C) Existing and proposed topography at two -foot contour intervals or
less;
(D) Generalized information on the number, height, size, and the
location of structures;
(E) Proposed number and location of signs;
(F) Proposed phasing, if any, and approximate completion time of the
project.
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The application for a conditional use district must contain information
and/or site plans which indicate all of the principal and accessory uses
which are proposed to be developed on the site. Subsequent to the
approval of a conditional use district, only those principal and accessory
uses indicated on the approved plan may be constructed on the site. Any
substantial modifications to an approved plan, including any changes in the
permitted principal or accessory uses, must comply with the provisions of
Article 10-2.
10-2.3 Review and Approval. When considering an application for the
establishment of a conditional use district, the City Council shall conduct
the public hearing in a quasi-judicial manner and must follow evidentiary
hearing procedures. The City Council may attach reasonable and
appropriate conditions to the location, nature, and extent of the proposed
use. Any conditions should relate to the relationship of the proposed use
to surrounding property, proposed support facilities such as parking,
buffering, the timing of development and other matters that the Council
may find appropriate or that the petitioner may propose. The conditions
may not include architectural review or controls. The petitioner will have
a reasonable opportunity to consider and respond to any such additional
requirements prior to final action by the Council. If conditions are
included as part of the rezoning, the petitioner shall agree in writing to all
applicable conditions within thirty (30) days of the decision. The
conditional use approval will not become effective until such written
agreement is recorded in the Carteret County Register of Deeds. If the
petitioner does not agree to the conditions in writing with thirty (30) days
following the date of the decision, the conditional use permit will be
deemed null and void.
In evaluating an application for the establishment of a conditional use
district, it is appropriate for the Council to consider the following:
(A) The policies and objectives of the Morehead City Land Use Plan,
particularly in relation to the use, proposed site, and surrounding
area;
10-3

(B) The potential adverse impacts to the surrounding area of, but not
limited to, traffic, stormwater discharge, land values, and
compatibility of land use activities. '
In the review and approval of a conditional use district, emphasis will be '
given to evaluation of characteristics of the specific use proposed in
relationship to surrounding properties. The Council may also consider the 1
permitted and special uses allowed under existing zoning classification in
determining the appropriateness of the conditional use rezoning proposal.
,
10-2.4 Effect ofApproval. If an application is approved, the conditional use district
that is established and all conditions which may have been attached to the
approval are binding on the property. All subsequent development and use
of the property must be in accordance with the approved plans and
conditions.
'
The intent of this type of zoning is to provide an alternate procedure for
'
specific development proposals. It is intended that all property be rezoned
only in accordance with firm plans to develop. Therefore, three (3) years
from the date of approval, the Planning Board will examine development
'
progress made in accordance with approved plans to determine if active
efforts are proceeding. If it is determined by the Planning Board that active
'
efforts to comply with the approved plan are not proceeding, a report may
recommend that action be initiated to remove the conditional district in
'
accordance with the amendment procedures outlined in Article 24.
10-2.5 Alterations to an Approved Conditional Use District. Changes to approved
'
plans and conditions of development will be treated the same as changes
to the zoning map and will be processed as an amendment as provided for
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in Article 24. However, minor changes in the detail of the approved plan
which will not alter the basic relationship of the proposed development to
adjacent property, which will not alter the uses permitted or increase the
'
density or intensity of development, and which will not decrease the off-
street parking ratio or reduce the setbacks provided at the boundary of the
'
site may be approved by the Land Use Administrator without going through
the amendment process. The Land Use Administrator, at his discretion,
'
may elect not to allow any proposal as a minor change and will, in that
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event, forward the detailed application for changes to the Planning Board
and City Council for their consideration.
10-2.6 Issuance of a Conditional Use Permit. If a petition for a conditional use
district is approved, the City Council will issue a conditional use permit
authorizing the use with any reasonable conditions that the City Council
determines are necessary in promoting public health, safety, and general
welfare and any other conditions deemed necessary. The conditional use
permit shall become effective after being duly recorded in the Carteret
County Register of Deeds.
10-2.7 Permitted Special Uses and Development Requirements. Potential uses which
may be considered for a conditional use district are restricted to those
permitted and special uses allowed in the zone assigned to that particular
piece of property. If application is made for a conditional use, those uses
listed as special uses will be exempted from the normal requirement for a
special use permit and replaced with a conditional use permit. Uses
permitted in conditional use districts are subject to all applicable
development standards and requirements for that use listed in the
corresponding general zoning district.
10-2.8 Zoning Map Designation. Following the Council's approval of a conditional
use district, the property so zoned will be identified on the zoning maps
by the appropriate parallel conditional use district designation. This
designation is the general zoning district designation plus the letters "CU."
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ARTICLE 11. PERMISSIBLE AND SPECIAL USES
11-1 Table of Permissible Uses
The Table of Permissible Uses (see pages 11-2 through 11-5) should be read in close
conjunction with the definitions of terms set forth in Article 2-2 and the other interpretative
provisions set forth in this Article.
11.2 Use of the Designations P and Sin Table of Permissible Uses
When used in conjunction with a particular use in the Table of Permissible Uses (seepages
11-2 through 11-5), the letter "P" means that the use is permissible in the indicated zone with a
zoning permit issued by the administrator and the letter "S" means a special -use permit must be
obtained from the Board of Adjustment. If a definition is included in this Ordinance, it is
indicated in the table. An asterisk r) indicates that additional requirements are required for that
particular use.
11-3 Permissible Uses Not Requiring Permits
Notwithstanding any other provisions of this Ordinance, no zoning or special -use permit
is necessary for the following uses:
11-3.1 Streets.
11-3.2 Electric power,telephone,telegraph, cable television, gas,water and sewer
lines, wires or pipes, together with supporting poles or structures, located
within a public right-of-way.
11-3.3 Neighborhood utility facilities located within a public right-of-way with the
permission of the owner (state or town) of the right-of-way.

11-2

Use/District
products
and computer equipment
(SIC #35)
ustdal (other) uses compatible
with the permitted uses of the
excluding tanning and finishing
(definition) [AS.RIO R15M [,i 154" R20 j,.RMF I O&P [T I MA [,0] CM 1, �CMO.l CN j CH.I CS 1 IUI IP I IC
11-3
P
S

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Use/District I (definition) ["AS 1 R5S I AT,.] R10 IS. I R15M J, R20 I RMF:j O&P [PD:j MA [,,001 CM
or
marine
me, clay, glass & concrete
products (SIC #32) excluding
abrasive, asbestos & nonmetallic
transportation equipment (SIC #3
idio
xdio, art, dance, photography
Tab
trailer
*refer to additional requirements in Article 14
a -Only permitted in PD's with ten or more acres/limited in area to 10% of built residential floor space
b-Permitted in a PD of any size
11-5
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P
P

ARTICLE 12. SUPPLEMENTARY USE REGULATIONS
12-1 Planned Development District
' 12-1.1 PD Districts. Where and how permitted. Planned development districts
' may hereafter be established by amendment to the official zoning map
where tracts suitable in location and character for the uses and structures
proposed are to be planned and developed on a unified basis, according to
' the requirements and procedures set forth herein.
' (A) PD districts shall be designed and located in relation to arterial and
collector streets so as to provide direct access without creating
' substantial additional traffic along minor streets in residential
neighborhoods outside the district.
(B) PD districts shall be located in relation to sanitary sewers, water
lines, storm and surface drainage systems, and other utility systems
and installations in such a way that neither extension nor
enlargement of such systems will be required in manner, form,
character, location, degree, scale, or timing resulting in higher net
public cost or earlier incursion of public cost than would
development informs generally permitted undercurrent zoning for
the area. PD districts shall be required to submit a drainage impact
statement and no proposed PD district shall be permitted to file a
' statement of no drainage impact. In addition, PD districts shall
contain in their sketch development plan all proposed drainage so
as to comply with Section 13-3 of this Ordinance.
t(C) Such districts shall be located with respect to necessary public
' facilities so as to have access to such facilities in the same degree
as would development under existing zoning and shall be so
located, designed, and scaled that access for public services is
equivalent to, and net cost for such services is not greater than,
access and net cost for public services for development as
permitted under existing zoning.
12-1

However, location of PD districts may be approved if applicants will: '
(D) Provide private facilities, utilities, and services approved by ,
appropriate public agencies as substituting on an equivalent basis
for public utilities, facilities, and services and assure their ,
satisfactory continuing operation, permanently, or until similar
public utilities, facilities, and services are available and used; or ,
(E) Make provisions acceptable to the town for offsetting any added
net public cost or early commitment of public funds that are made '
necessary by such development.
In computing net public costs, difference in anticipated public
installation, operation, and maintenance costs and difference in
anticipated public revenue from such sources shall be considered. '
Expenses involved in making such determinations shall be paid by
applicants. Determination shall be made by the town or by experts '
acceptable to the town.
12-1.2 Minimum parcel size for PD district. The minimum amount of land (under
'
unified control to be planned and developed as a whole) for a PD district
shall be at least one city block (2.18 acres) for PD's with only residential
'
uses. Existing alleys may be included in the computation of this acreage.
Dedicated streets shall not be computed as part of the project area. All
,
additions to existing PD districts shall be at least 2.18 acres. Areas
separated by dedicated streets shall not be considered contiguous. PD's
with both residential and commercial uses shall contain a minimum often
'
(10) contiguous areas.
'
12-1.3 Procedures. A planned development shall be processed in four (4) stages:
Sketch development plan, site development (master) plan, preliminary plat
final
,
approval, and plat approval. The sketch development plan shall
represent the applicant's general impression of the anticipated pattern of
development planned for the planned development. The site development
'
(master) plan shall specify the uses of land and layout of landscaping,
circulation, and buildings. The preliminary plat shall be submitted to
'
ensure that the proposed development complies with all applicable federal,
state, and local regulations and the final plat shall be the document on
'
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twhich building permits are issued and which will be recorded in the
Register of Deeds office.
' All multifamily development located within a PD district shall meet the
' requirements of Article 13-2 of the Ordinance.
'
12-1.4 Sketch development plan approval/planned development rezoning application.
The sketch development plan shall be required as part of the application
for rezoning in order to create a new PD district or to extend an existing
'
PD district. Such application shall be submitted in accordance with Article
24 of this Ordinance. Additional materials which shall be required as a part
'
of the rezoning application include: plans, maps, and studies that may
reasonably be required to make the determination called for in the
particular case, with sufficient copies for necessary referrals and records.
In particular, the following shall be included as part of the application:
(A) Property owners report. A report identifying all property owners
within the area of the proposed district and giving evidence of
'
unified control of the entire area. The report shall file evidence of
the
agreement of all present property owners:
'
(1) To proceed with the proposed development according to
the regulations in effect when the map amendment creating
'
the PD district is passed, with such modifications as may be
set by the Morehead City Council in the course of such
action; and
'
(2) To bind further successors in title to any commitments
made under (1 a) above.
'
(B) Sketch development plan. The sketch development plan shall show:
anticipated pattern of development property lines; proposed
building sites; utility easements and lines and appurtenances; as
'
well as proposed density and adjoining property owners, existing
zoning or parcel and surrounding property, and any other
'
information required by the Planning Board.
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(C) Review of sketch development plan/rezoning application. The Planning
Board shall review the application materials as well as the sketch
development plan to determine conformitywith the land use plan,
the existing and prospective character of surrounding development,
and the requirements above. The review shall be conducted in
accordance with Article 24 of this Ordinance. A drainage impact
study shall be submitted with the rezoning application.
(D) Action by the City Council. The City Council actions shall be as
provided for amendments generally in Article 24. If amendment of
the land use plan is involved, the City Council shall not proceed on
the PD zoning amendment until it has acted on the amendment of
the land use plan.
12.1-5 Establishment of the PD district. No building permits shall be issued in a PD
district until the district has been officially established and a site
development (master) plan has been submitted and approved by the City
Council. An application for a building permit shall conform to the
requirements of Section 12-1 and shall be accompanied by all necessary
federal, state, and local permits.
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12-1.6 Site development plan (master plan). A site development plan drawn to scale '
shall contain the following information:
(A) The name of the planned development;
(B) The exact boundary lines of the planned development by lengths
and bearings and the location of intersecting boundary lines of
adjoining lands;
(C) Scale denoted both graphically and numerically;
(D) The plans for utility layouts, including sewers, storm sewers, water
distribution lines, natural gas, telephone and electric service,
connections to existing systems or plans for individual water supply
systems and sewage disposal systems. Plans must show line sizes,
the location of fire hydrants, blow -offs, manholes, pumps, force
mains, and gate valves;
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(E) Street names;
(F) The location, purpose, and dimensions of areas to be used for uses
other than residential;
(G) Minimum building setback lines;
(H) The names of owners of adjoining properties and any adjoining
subdivisions of record (or proposed or under review);
(1) 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 public use with a statement of the
purpose of each;
Q) Right-of-way lines and pavement widths of all streets and the
location and width of all adjacent streets and easements;
(1) Property lines, buildings or other structures, 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;
(L) Sufficient engineering data to determine readily, and to be
reproducible 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 of deflection angles, radii,
central angles, and tangent distances for the centerline of curved
streets and curved property lines 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. Such
engineering shall be reviewed by the town engineer and any
upgrading improvements required by the town shall be paid for in
full by the developer;
(M) The accurate locations and descriptions of all monuments, markers,
and control points;
12-5

(N) The deed restrictions or any other similar covenants;
(0) The date of the survey and plat preparation;
(P) North arrow and delineation;
(� The name and location of any property within the planned
development, or within any contiguous property, that is listed in
the US Department of Interior's National Register of Historic Places;
likewise, any property that has been designated by local ordinance
as a "historic property" pursuant to GS Chapter 160A, Article 19,
Part 3A;
(R) The name, address, and telephone number of the owner, registered
surveyor, land planner, architect, landscape architect, and
professional engineer responsible for the subdivision and the
registration number and seal of the professional engineer and
registered surveyor;
(S) Flood hazard areas according to HUD flood insurance rate maps;
(T) Topographic information showing vertical contour every one foot;
(U) Show boundaries of areas of environmental concern (CAMA);
(� Total number of dwelling units;
(1) Total residential floor area;
(2) Total commercial floor area (if PD contains ten (10) or more
acres);
(3) Total ground area;
(4) Total number of floors;
(5) Total height per building;
(6) Total open space areas (percentage);
(7) Total number of parking spaces.
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12-1.7 Site development plan (master plan) approval. Eighteen (18) copies of the site
development plan shall be submitted to the planning director not less than
twenty-one (21) calendar days before the regular Planning Board meeting
at which the site development plan is to be considered. The planning
director shall require the developer to distribute copies of the site
development plan and any accompanying material to other officials and
agencies concerned with the planned development including, but not
limited to: technical review committee consisting of the City Manager and
appropriate department heads; Carteret County Health Department;
Carteret County Board of Education; district engineer of the Department
of Transportation; NC Department of Environment and Natural Resources,
Wilmington Regional office; US Army Corps of Engineers and/or Division of
Coastal Management; and any other agency deemed appropriate or
necessary to review the site development plan as determined by the staff',
Town Attorney, Planning Board, or City Council. Each member of the
Planning Board shall be provided with a copy of the site development plan
as well as any necessary permits or letters from the abovementioned
agencies by the planning director prior to the Planning Board meeting.
Within seventy-five (75) days of the date that the site development plan is
submitted to the planning director, the Planning Board will act to
recommend approval, disapproval, or changes in the site development
plan. Comments received from the various officials and agencies shall be
fully considered. Failure of the Planning Board to act within the time
limited (limit) shall be deemed approval of the plan.
Following action by the Planning Board, the site development plan shall be
submitted to the City Council for final approval, disapproval, or
amendment. Prior to acting upon the site development plan, the City
Council shall hold a public hearing on the plan at which hearing all
interested parties and the public shall be given an opportunity to comment
on the plan. A notice of this public hearing shall be advertised in a
newspaper of general circulation in Carteret County qualified to accept
legal advertisement at least once a week in each of the two (2) calendar
weeks prior to the hearing and the date of the first publication shall be not
less than fifteen (15) days before the hearing date.
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If the City Council adopts some or all o the recommendations of the
Planning Board for changes in the site development plan, the developer
(owner) shall make such changes and resubmit the proposal not less than
thirty (30) prior to the meeting of the City Council to which consideration
of the site development is postponed. Notice of postponed consideration
and of the date, time, and place of the meeting to consider the revised site
development plan shall be published at least once, not less than seven (7)
days before the meeting, in a newspaper of general circulation in Carteret
County qualified to accept legal advertisement.
In all hearings before the Planning Board and City Council, the burden of
proof shall be upon the applicant to satisfy the hearing body that all
requirements of Section 12-1 of this Ordinance have been met, and that the
proposal satisfies the needs of public health, safety, and welfare.
When, and if, the site development plan is approved, approval shall be
noted over the signature of the City Clerk on not less than three (3) copies
of the plan. One such copy shall be filed with the City Clerk and shall be
available for public inspection, one shall be retained by the applicant
(developer/owner), and one shall be retained by the Planning Board.
The planning department must have a current and updated site
development plan (master plan) on file for all PD developments. Minor
changes and revisions to the site development plan (master plan) may be
approved administratively without additional public hearings, provided
that such changes do not result in:
(A) A change in the density of the PD;
(B) A change in the design of vehicular traffic routes;
(C) A change in the open space dedication.
Any changes, other than minor changes, shall only be made in accordance
for the procedures for site development plan (master plan) approval.
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12-1.8 Preliminaryplat approval. Application for preliminary plat approval shall be
in accordance with the procedures described in Article 4-27 of this
Ordinance.
The preliminary plat shall consist of a phase or section of the site
development plan (master plan) as approved by the City Council.
The Planning Board shall review the plat to ensure its compliance with
preliminary plat requirements as set forth in the Subdivision Regulations.
Upon preliminary plat approval, the applicant is authorized to commence
development of the planned development.
Final plat approval must be granted within a twelve-month period of
preliminaryplat approval; otherwise, preliminary approval shall be null and
void unless an additional twelve-month extension has been granted by the
Planning Board.
12-1.9 Final plat approval. Application for final plat approval shall be made in
accordance with Article 4, Part 11 of this Ordinance, as amended.
The final plat shall be in accordancewith the site development plan (master
plan) and preliminary plat as approved by the Planning Board. No building
permits shall be issued for development within the planned development
except for planned amenities and multifamily housing until the final plat
has been approved by the City Council and duly recorded in the Carteret
County Register of Deeds office.
The final plat of the phase of the site development plan (master plan) shall
be accompanied by a certificate of a person licensed or certified in each
discipline (such as engineers, surveyors, etc.) as to the estimated cost of
completing such facilities and improvements which have not been installed.
The required security shall be in an amount not less than one hundred
twenty-five (125) percent of the total of such estimates.
The security may be provided by a bond from a fidelity company licensed
to do business in North Carolina and acceptable to the City Manager, by a
savings account with any bank or savings and loan association insured by
an agency of the United States ofAmerica and deposited in the name of the
12-9

Town of Morehead City as escrow agent, by a cashier's check or bank
money order on a bank or savings and loan association licensed to and
doing business in North Carolina, or by an irrevocable letter of credit from
a bank or savings and loan association licensed to and doing business in
North Carolina.
The condition of security shall be that if all the improvements and facilities
are completed within a period of time to be specified by the Planning
Board and all fees are paid when due, the security shall be void; but
otherwise, the City Manager shall make demand, upon such security and
use funds realized thereby to have such facilities and improvements
completed, to pay such fees or otherwise to cure any default. For this
purpose, the City Manager is authorized to withdraw funds from escrow
and cash or negotiate any checks. For good cause shown, the Planning
Board may extend any time periods specified for completion of such
improvements and facilities.
At the time of submission of the final plat of the phase of the site
development plan (master plan) to the planning director, the developer
(owner) of the project shall submit to the planning director a security to
guarantee the completion of all paving, streets, easements, utilities, storm
sewers and other parts of the drainage system, lighting, amenities, parking
areas, parks, sea walls, filling, grading, fire hydrants, sewer system
(including any necessary treatment or green areas or both), any other
facilities intended for the common usage of the residents or owners in the
planned development district to which the site development plan is
applicable, any facilities required by the City Council or the Planning Board
deemed by either body to be necessary to provide adequate facilities and
improvements for the health, safety, and welfare of the residents and
owners of property within the site development plan or the area
surrounding the same for a distance of one thousand (1,000) feet in all
directions or to provide for the protection of the public resources,
estuarine environment, and public facilities (including sewer systems, water
system, storm sewer systems, roads, and bridges), and to pay all impact
fees, tap fees, and other charges made to obtain public or municipal
services.
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' Approval of the site plan shall not constitute acceptance by the Town of
Morehead City for maintenance or as part ofthe town facilities and system
' of the utilities, street, parking areas, storm sewer drainage system, or any
other dedicated land, facilities, or services described in the site
development plan.
Whenever used herein, "owner," "developer," and "applicant" shall mean
' the person, firm, association, or corporation submitting the site
development plan for approval. Only the person, persons, firm,
' association, or corporation owning the land upon which the site is to be
developed or having a binding contract to buy the land (conditioned only
upon approval of the site development plan) may make application for
' approval of a site development plan.
' All costs associated with approval of the site development plan (including
advertising costs) shall be paid by the applicant and approval of the site
' development plan shall not be given until such costs have been paid. The
Planning Director and/or City Clerk may require a deposit against such
costs.
' 12-1.10 Dimensional Requirements:
H
H
H
(A) Density. Multifamily structures thirty-five (35) feet or less in height
shall meet the dimensional requirements of Article 13-2 of this
Ordinance.
Dwelling units in multi -storied structures exceeding thirty-five (35)
feet in height shall be controlled by a maximum height, maximum
number of units per acres, maximum floor area ratio (FAR), and the
minimum open space ratio (OSR). The FAR is the maximum square
foot amount of total floor area including all stories permitted for
each square foot of ground area. The OSR is the minimum square
foot amount of open space which shall be provided for each square
foot of ground area. Up to fifty (50) percent of open space ration
may be used for parking requirements. The allowable ratio and
maximum height and maximum dwelling units per acre appear in
the following table.
Maximum Height
90 feet
Maximum FAR Maximum OSR
1.50 0.65

In no case, over thirty-six (36) units per acre.
Definitions:
Floor Area - Total square footage on all Floors within a building.
Land Area - Total square footage within the development project
property boundary.
Open Space - Total square footage not covered by man-made
structures.
(B) Setbacks, minimum. All buildings shall be set back ten (10) feet from
the perimeter property lines.
12.1-11 Access to water. All planned development projects adjoining public
estuarine waters shall make provisions for public access. Where bulkheads
are constructed along mean high water, boardwalks or other similar
structures may be used to provide access.
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12-1.12 Parking. Parking shall be in accordance with the requirements ofArticle 20. '
12-1.13 Conveyance and maintenance ofopen space. All open space shown on the site
development plan shall be recorded in the Carteret County Register of
Deeds office and shall be conveyed by the following method.
By leasing or conveying title including beneficial ownership to a
corporation, association, or other legal entity, the terms of such lease or
other instruments of conveyance must include provisions suitable to the
Planning Board for guaranteeing: (1) the continued use of such land for the
intended purposes; (2) continuity of proper maintenance for those portions
of open space land requiring maintenance; (3) when appropriate, the
availability of funds required for such maintenance; (4) adequate insurance
protection; and (5) recovery for loss sustained by casualty, condemnation,
or otherwise.
Furthermore, the applicant shall file in the Carteret County Register of
Deeds office at the time of site development plan approval, legal
documents which shall produce the above guarantees and, in particular,
will provide a method for restricting the use of open space for the use and
enjoyment of the residents of the planned development.
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ARTICLE 13. DEVELOPMENT STANDARDS
13-1 Schedule of Development Requirements*
MINIMUM LOTAREA
(Square Feet)
MINIMUM LOT WIDTH
(Linear Feet)
MINIMUM FRONT SETBACK
(linear Feet)
MINIMUM SIDE SETBACK
(linear Feet)
MINIMUM REAR SETBACK
(linear Feet)
MAXIMUM
HEIGHT
(Feet)
MAXIMUM
LOT
COVERAGE
District
First Unit
Second
Unit
Multi-
family
First Unit
Second Multi-
Unit family
First Unit
Second
Unit
Multi-
family
First Unit
Second Multi-
Unit family
First Unit
Second Multi -
Unit family
R-5
5,000
7,000'•••
2,500
43,650
50
50
15
25'•••
7
10'
•
15
15
•
50
50
40%
40%
R-5S
5,000
7,000"
50
50
15
25"
7
10"
15
15
50
50
40%
40%
R-7
7,000
3,500
65
20
25
10
4
15
50
40%
R-10
10,000
70
20
10
25
50
40%
R-15
15,000
80
20
10
25
50
40%
R-15M
15,000
80
20
10
25
50
40%
R-15SM
15,000
80
20
10
25
50
40%
R-20
20,000
100
30
10
25
50
40%
RMF
18,000
65
20
25
10
4
20
50
40%
O&P
5,000
2,500
50
15
7
15
90
40%
PD
»
»
«
«
«
«
«
115
»
MA
25
•'•
'••
50
40%
CD
None
"'
•"
100
WA
CM
10
"'
"•
100
50%
CMD
None"'••
•"
"'
100
WA
CN
25
"'
50
40%
CH
25
'"'
'•'
100
40%
CS
94.960
so
•••
•'•
100
40%
IU
25
"•
"•
40%
IP 25 "' "' 40%
FP 30 "' "• 35 40%
IC 435,600 so 15 30 SO 40%
*See Section 13.2 for multifamily dimensional requirements.
"See Section 12-1 for planned development requirements.
'Where abutting an R district, a permitted or special use must meet the identical requirement of the abutting yard in that district.
'Dimensional requirements for lots subdivided after April 26,1994 (Ord. No.1994-21, 4-26-94).
'Amended May 10, 1994 (Ord. No. 1994-22).
(Ord. No. 1995.06, 4.11-95; Ord. No. 1998.26, 6.30-98; Ord. No.1998-39, § 1, 9-29-98)
13-1

f13-2 Multifamily Dwelling Requirements
13-2.1 The requirements of this section shall be applied to all multifamily
dwellings and developments in all zoning districts allowing "multifamily
dwellings" as either a permitted use or a special use, except as noted in
this or other sections of this Ordinance.
Prior to any construction on any lot over eighteen thousand (18,000)
square feet, a comprehensive site plan, accompanied by a survey of the
property with the seal of a registered land surveyor or engineer, shall be
submitted to the Planning Board for approval showing;
(A) Compliance with all development requirements of this Ordinance;
and,
(B) The location of proposed waste container sites; and
(C) The location and general design of all proposed buildings, open
spaces, watercourses, traffic lanes, parking areas, lighting plans,
recreation facilities, specific drainage plans, and signs.
The site plan shall be accompanied by a drainage impact study of the site
and all downstream properties as regards surface water runoff. The study
shall be performed by a registered land surveyor or registered engineer.
All proposed drainage for the site shall be set forth in the impact study and
shall comply with Article 13-3 of this Ordinance.
Except in the case of special -use approval, if required, these eighteen (18)
copies of the site plan shall be completed and submitted at least twenty-
one (21) calendar days prior to the date of the next regularly scheduled
Planning Board meeting. The Planning Board, in an advisory capacity to the
Building Inspector, shall conduct its review to determine compliance with
all zoning requirements. If the plan is disapproved, the applicant shall be
informed in writing concerning deficiencies and the applicant shall be
required to cause the redrafting of the site plan to be accomplished before
resubmittal for approval. If the site plan is approved or conditionally
approved, one copy of the site plan shall be returned to the applicant
signifying approval or stating the conditions that must be met before the
1 issuance of a building permit can be considered by the Building Inspector.
The Planning Board shall retain one copy for its minutes and transmit one
' signed copy (noted if conditional) to the Land Use Administrator.
13-2

13-2.2
Site plan review shall only be conducted for approval or disapproval based
on demonstrated compliance with the requirements of this ordinance or
other applicable codes. Conditions may be made for the delivery of
documentary evidence from other governmental agencies that must grant
approval or for making minor modifications to correct site plan
deficiencies. Furthermore, the Planning Board may give advisory opinions
on general aspects of a site plan.
Development Standards. Minimum lot size for multifamily use shall be fifteen
thousand (15,000) square feet. Each lot for multifamily use shall provide:
(A) First unit. Five thousand (5,000) square feet.
(B) Each additional unit of two (2) or more bedrooms. Three thousand
(3,000) square feet.
(C) Each additional one bedroom unit. Two thousand five hundred (2,500)
square feet.
(D) Parking. All parking spaces shall be not less than nine (9) feet in
width and not less than eighteen (18) feet in length. See Article
20-3.1 for required parking.
No multifamily development shall locate parking in such a manner
as to cause the backing of vehicles onto or off of public streets,
roads, or highways; provided, however, that where an individual
driveway is intended to serve an individual unit and extends from
an attached, enclosed garage to a minor residential street,
individual curb -cuts may be permitted by the Land Use
Administrator.
(E) Open Spaces. It is the purpose and intent of this subsection that
open spaces of sufficient area and content be maintained to
improve the livability of all multifamily uses with the attendant,
permitted higher population densities. With the approval of the
Planning Board, open spaces may be established in any required
yard or area to be developed as multifamily except as restricted in
this Ordinance.
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(1) Natural Open Spaces and Buffers:
(a) A minimum of fifteen (15) percent of the lot, tract,
or development area proposed to be developed shall
be left in a naturally vegetated state or revegetated
with trees, shrubs, vegetative ground covers, and
other vegetative materials as approved by the
Planning Board. This natural open space shall not
contain or be crossed by any man-made uses (other
than required drainage or utilities), materials, or
objects, including, but not limited to, buildings,
plastic mulchings, streets, paths, walkways, benches,
seats, signs, tables, and shall be maintained in a
clean trash free condition.
(b) Where a multifamily building or project is proposed
to be developed on a lot or tract where one or more
property lines coincide with a zoning district
boundary other than R-5, RMF, or PD, a buffer in
accordance with Article 15-1 of this Ordinance shall
be established and maintained. The area of this
buffer may be counted toward meeting or exceeding
the fifteen (15) percent natural open space
requirement above.
(2) Useable open space -A minimum often (10) percent of the
total acreage of a multifamily development shall be
improved and maintained as a useable open space for active
and/or passive recreation purposes. No useable open space
shall have a length, width, or diameter of less than twenty
(20) feet. With the approval of the Morehead City Planning
Board, accessory use structures and equipment for
recreation purposes may be constructed or placed within a
designated useable open space. Accessory use structures
may be located in a side or rear yard and shall not be placed
closer than fifteen (15) feet from any exterior property line
or easement. It is the intent of this subsection that only a
useable open space shall be required. However, it is
recommended that sufficient facilities including, but not
13-4

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limited to, picnic areas, children's play areas, swimming
pools, community buildings, tennis courts, or ground level
patios be provided to meet the recreation needs of the 1
intended residents. Total lot coverage by structures shall
not exceed forty (40) percent. I
(F) Height limit. Fifty (50) feet above the average finished grade,
including roof structures, elevator shafts, antenna, and other
structures or appurtenants, with the exception of the specific
standards set out in the planned development district for buildings
over thirty-five (35) feet in height.
(G) Minimum front yard. Twenty-five (25) feet with the exception of
planned developments (PD) which is ten (10) feet.
'
(H) Minimum side yard. Minimum eight (8) feet for one side only and
twenty (20) feet minimum for two -side aggregate (combined) for
the first story in height; add five (5) feet to each side yard for each
additional story in height. On corner lots, the side yard abutting
the street shall be no less than twenty-five (25) feet. Planned
developments (PD) are required to have a minimum side yard often
(10) feet.
(1) Minimum rear yard. Twenty-five (25) feet for first story in height;
add five (5) feet to rear yard for each additional story in height.
Planned developments (PD) are required to have a minimum side
yard of ten (10) feet.
p) Curb cuts. Curb cuts shall be spaced not less than one hundred fifty
(150) feet apart. If project has less than one hundred fifty (150)
feet of frontage, only one curb cut shall be allowed for the entire
project. '
(K) Outside lighting. Multifamily housing development shall be required '
to install on -site, exterior lighting to light parking lots, rear areas,
and developed recreation areas. An outdoor lighting plan shall be
submitted separately from the site plan and shall show the location,
the height above grade, and the type of illumination (such as
incandescent, halogen, high pressure sodium, etc.). The plan shall '
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show the distribution and density levels of illumination for each
exterior fixture in a horizontal plane, producing a contouring map
(isolux diagram) with foot-candles indicated. This information is
available from the manufacturer of the specified fixture. The
lighting plan shall eliminate dark spots as well as minimize glare
and spillage into adjoining lots. Illumination standards for parking
lots and building surroundings shall be (values provided in foot-
candles maintained at grade) an average of two (2) foot-candles
with not less than one (1) foot-candle.
13-2.3 Townhouse development. Townhouse development may be allowed in any
district listing multifamily dwelling as a permitted or special use.
13-3 Drainage Requirements
All storm drainage shall be adequately designed so that roads may be maintained without
excessive cost, and so as to prevent flooding on private property from storm runoff of the design
frequency. The minimum design frequency shall be as follows:
13-3.1 Storm sewer collector - Ten (10) years.
13-3.2 Cross drainage - Twenty-five (25) years.
In areas where ditch grades or quantities of flow make it impracticable to establish and
maintain vegetation of such type and density that erosion will be substantially prohibited and
normal flow will not be impeded, an erosion -resistant lining, such as paving or rock riprap, shall
be required.
Subsurface drainage shall be adequate to maintain a stable subgrade.
Culverts shall be installed and maintained by the property owner so as to be capable of
handling surface waters from upstream development as well as site development in accordance
with the engineering requirements for the project.
Storm drainage ditches shall have side slopes of at least two (2) to three (3) feet of
1 horizontal distance for each one foot of vertical distance or in the discretion of the town
engineer. Said ditches shall be maintained by the property owner and be kept free of trees and
other obstructions.
' 13-6

t ARTICLE 14. EXCEPTIONS, MODIFICATIONS, AND SPECIAL REQUIREMENTS
' FOR CERTAIN USES
' 14.1 Walls and Fences
The setback requirements of these regulations shall not prohibit any necessary retaining
wall or prohibit any planted buffer strip, fence, or wall. However, no planted buffer strip, solid
fence, or solid wall shall exceed a height of three (3) feet in any front or six (6) feet in the
remaining yard.
1 14-2 Structures Excluded From Height Limitations
' The height limits of these regulations shall not apply to a church spire, belfry, cupola, or
dome; an ornamental tower not intended for human occupancy; a monument; a water tower; a
' transmission tower; a chimney or smokestack; a conveyor; a flag pole; a radio or television
towner, mast, or aerial.
14-3 Increase in Front Yard Setback Requirements
If twenty-five (25) percent or more of the lots within the same district on one side of the
street between two (2) intersecting streets are improved with buildings all ofwhich have observed
an average setback line of greater than that required in Article 13-1 of this Ordinance, and no
' building varies more than six (6) feet from this average setback line, then no building shall be
erected closer to the street line than the minimum average setback so established by the existing
' buildings, but this regulation shall not require a front setback of greater than fifty (50) feet.
14.4 Substandard Lots of Record
Any lot of record existing at the time of the adoption of this Ordinance which has an area
tand/or a width which is less than required by this Ordinance shall be subject to the following
exceptions and modifications:
' 14-4.1 Adjoining Lots. Where two (2) or more adjoining lots with continuous
frontage are in one ownership at any time after the adoption of this
' Ordinance, and such lots individually are less than the minimum square
footage and/or have less than the minimum width required in the district
' in which they are located, then such group of lots shall be considered as
' 14-1

a single lot or several lots of minimum permitted area and width for the
district in which located.
14-4.2 Lot Not Meeting Minimum Lot Size Requirements. Except as set forth in
Subsection 14-4.1 above, in any district in which single-family dwellings are
permitted, any lot of record existing at the time of the adoption of these
regulations which has an area or a width which is less than required by
these regulations maybe used as a building site for a single-family dwelling
in an R district.
14-5 Temporary Field Office
A temporaryfield office maybe permitted by a special ninety -day renewable permit issued
by the Land Use Administrator provided:
14-5.1 That no living quarters be maintained in such temporary field office; and
14-5.2 That the temporary field office be used only in conjunction with
construction activity.
14-6 Mobile Homes as Temporary Residences or Business Locations
If any building which conforms to the permitted or special uses for the zoning district in
which it is situated is destroyed (or render unfit for the purpose it was being used prior to such
destruction or damage) by fire, flood, windstorm, or other act of God, it shall be lawful for the
Land Use Administrator to issue a temporary renewable permit to the person owning such
building and occupying it as a residence or for business or commercial purposes to locate a
mobile home on the lot occupied by such destroyed or damaged building and to use the same for
a period not exceeding one hundred and twenty (120) days, with maximum renewal of sixty (60)
days, for the same purpose as had the destroyed or damaged building immediately prior to the
destruction or damage; provided, however, that no more than one family shall occupy such a
mobile home for residential purposes and that no more than one mobile home shall be permitted
on any lot.
14-7 Family Care Homes
Family care homes shall not be located nearer to each other than one-half mile.
14-2

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14-8 Cemeteries
A cemetery shall meet the minimum requirements of the North Carolina Division of Health
Services. State law references — Cemeteries, G.S. Chapter 65; public health, G.S. Chapter 130A.
14-9 Churches
A church or other place of worship may be allowed in an R district subject to the
requirements of the district, any other applicable requirements of this Ordinance and provided
that:
14-9.1 The structure shall have minimum side and rear yards of fifty (50) feet and
a front yard at least twenty-five (25) feet greater than that required for
single-family residences within the district.
14-9.2 See Article 20-3.2 for parking requirements.
14-10 Home Occupations
14-10.1 Type A. A Type A home occupation is one where the residents use their
home as a place ofwork; however, no employees or customers come to the
site. No traffic shall be generated by Type A home occupations in greater
volumes than would normally be expected in a residential neighborhood.
Type A home occupations shall be permitted in all residential districts.
Examples include: artists, crafts people, writers, consultants, appraisers
and home offices that utilize technology rather than direct customer
contact as the primary means of doing business.
14-10.2 Type B. A Type B home occupation is one where either one employee or
customers come to the site. A special use permit issued by the Board of
Adjustment shall be required prior to establishing a Type B home
occupation. Examples include: beauticians, home child day cares, home
adult day cares.
14-10.3 General Requirements.
(A) No more than twenty percent (20%) of the heated floor space of the
principal dwelling shall be used for the home occupation.
14-3

(B) The home shall continue to be used principally as a dwelling. The
dwelling and site must remain residential in appearance and
characteristics. Internal or external changes that will make the
dwelling appear less residential in nature or function are
prohibited. Examples of such prohibited alterations include
construction of parking lots or adding commercial -like exterior
lighting.
(C) The occupation shall not be visible from the street.
(D) No outside signs in excess of two square feet in size shall be
displayed on the premises.
(E) The occupation shall not constitute a nuisance or any undue
disturbance in the neighborhood. Noise, vibration and odor, etc.,
other than that which can be expected of a normal household shall
be considered a nuisance or undue disturbance.
(F) Home occupations shall be conducted entirely within the principal
(main) dwelling. Detached and/or accessory buildings shall not be
included as part of the principal building.
(G) Deliveries. Truck deliveries or pick-ups of supplies or products
associated with business activities are limited to those normally
servicing residential neighborhoods.
(H) Trucks and vehicles. No more than one light truck or vehicle per
resident associated with the home occupation may be parked at the
site.
(1) Parking shall be in accordance with Section 12. Any need for
parking generated by the conduct of such home occupation shall be
met off street and not located in any required yard. No additional
driveways to serve such home occupation shall be permitted.
Q) A secondary outside access may be provided, however, all home
occupations shall provide an access to the remaining portion of the
residence.
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14-10.4 Prohibited Uses.
(A) Any type of repair or assembly of vehicles or equipment with
internal combustion engines (such as autos, motorcycles, scooters,
marine engines, lawn mowers, chain saws and other small engines)
or of large appliances (such as washing machines, dryers and
refrigerators) or water crafts (such as jet skis) or any other similar
type of work.
(B) Accessory home occupations may not serve as headquarters of
dispatch centers where employees come to the site and are
dispatched to other locations.
14-10.5 Additional Type B Home Occupation Regulations.
(A) A Type B accessory home occupation is prohibited in duplexes,
triplexes and multifamily developments.
(B) A Type B home occupation shall be permitted only in single-family
dwellings.
(C) Hours. Customers may visit the site only during the hours of 7 a.m.
and 9 p.m.
(D) Retail sales. Retail sales of goods must be entirely accessory to any
services provided on the site (i.e., such as hair care products sold
as an accessory to hair cutting).
(E) Number ojTypeBHome Occupations. No more than one TypeBhome
occupation per dwelling units is permitted.
14-11 Hospitals
A hospital maybe permitted in an MA district subject to the requirements of the district
and provided that:
The lot size shall be not less than two (2) acres; and
14-5

14-11.2 The structure shall have minimum side and rear yards of fifty (50) feet and
a front yard of at least twenty-five (25) feet greater than that required for
single-family residences within the district. '
14-12 Junkyards ,
A junkyard may be permitted in an industrial district subject to the requirements of the '
district and provided that:
14-12.1 The junkyard shall be set back at least two (2) times the distance from the
,
right-of-way line as required in the industrial front setback requirements;
and
14-12.2 Thejunkyard shall be fenced with a visual screen eight (8) feet in height in
order that no junk can be seen from the street or surrounding properties.
'
Cross reference — Abandoned or junked motor vehicles, § 9-126 et seq. of
the Town Code.
,
14-13 Home Child Daycare Centers, Preschools, and Nurseries ,
Home child daycare centers, preschools, and nurseries may be allowed in an R district
subject to the requirements of the district; provided, that: '
14-13.1 Off-street parking and loading requirements in this Ordinance must be met;
14-13.2 Indoor and outdoor space requirements shall be in accordance with the ,
applicable General Statutes;
14-13.3 The entire play area shall be enclosed by a fence having a minimum height '
of at least four (4) feet and constructed in such a manner that maximum
safety to the children is ensured.
14-14 Mobile Home Parks
A mobile home park may be permitted in an R-15M district subject to the requirements ,
of the district and provided that: ,
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14-14.1 The minimum mobile home park size shall be 2.18 acres or a typical city
block.
14-14.2 The park shall have minimum side and rear yards of twenty (20) feet and a
front yard of at least thirty (30) feet greater than that required for uses
permitted as a right in the district.
14-14.3 A mobile home shall not be occupied by more than one family.
14-14.4 Each mobile home shall be connected to a community water system and to
a community sewage disposal system approved by the Carteret County
Health Department.
14-14.5 The minimum lot or stall size shall be not less than five thousand (5,000)
square feet and the minimum stall width shall be no less than forty (40) feet
for a single wide lot and shall be no less than fifty-four (54) feet in width
for a double wide lot.
14-14.6 The minimum front and rear setback requirement for a stall shall be fifteen
(15) feet.
14-14.7 The minimum side yard setback requirement for a stall shall be eight (8)
feet.
14-14.8 An unobstructed right-of-way of at least thirty (30) feet wide shall be
provided to serve all mobile home stalls. Within such right-of-way there
shall be at least a twenty-two foot paved road, paved in accordance with
the standards set forth in the Morehead City Subdivision Regulations.
14-14.9 Where centrally located waste cans are used, they shall be no further than
one hundred and fifty (150) feet from any lot.
14-14.10 Each trailer stall shall be clearly defined by means of concrete or steel or
iron pipe markers placed at all corners.
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14-14.11 At least two hundred (200) square feet for each trailer stall in the park shall
be provided in one or more locations for community playground and
recreation purposes. Such location shall be approved by the Planning
Board.
14-14.12 A buffer shall be required around the perimeter of the mobile home park
in accordance with Section 15-1.
14-14.13 All mobile homes (manufactured homes) must be skirted such that no area
beneath the mobile home (manufactured home) is visible from any
direction within sixty (60) days of placement in the park.
14-14.14 Approval of mobile home parks.
(A) For the establishment, maintenance, construction, or alteration of
a manufactured home park that affects the number of sites within
the park, a mobile home park plan shall be prepared and submitted
to the Planning Board and City Council for approval. The plan shall
be submitted in accordance with the procedures set forth in this
Ordinance. No plan is required when minor facility improvements
(not including public facilities) are proposed in an existing mobile
home park as long as the number of mobile home lots is not
affected.
(B) Mobile home park plan. The plan shall be drawn at a scale of not less
than one hundred (100) feet to the inch and shall meet the plat
requirements as described in this Ordinance.
14-14.15 No mobile home park shall be occupied by a greater number of trailers
than that authorized on the approved plan. No mobile home park shall be
enlarged or extended except in compliance with this section.
14-14.16 All dimensional requirements shall be in accordance with and each mobile
home park shall operate in accordance with rules and regulations of the
Carteret County Health Department relative to the location, sanitation, and
operation of mobile home parks.
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14-15 Trailers, Trailer Parks
14-15.1 No trailer shall be permitted under any circumstances in either the
residential or business zones; however, individual trailers may be used for
temporary office or utility purposes in the business zones with written
permission of the City Manager for a duration of not more than six (6)
months for each permit. This subsection shall not include in its prohibition
temporary field offices as defined in Article 14-5 of this Ordinance.
14-15.2 Only individual trailers for dwelling purposes shall be permitted within the
industrial zones, provided all ordinances of the town are compiled with;
however, individual trailers may be used for temporary office or utility
purposes in the industrial zones with the written permission of the City
Manager for a duration of not more than six (6) months for each permit.
14-15.3 Special areas in the industrial zones specifically set apart for use as trailer
parks, courts, or camps for dwelling purposes shall be permitted within the
town or in the perimeter zoning area, provided all ordinances of the town,
the Unified Development Ordinance and all area regulations are complied
with.
14-15.4 It shall be unlawful to park or leave standing upon any town property,
parking lot operated or supervised by the town, or right-of-way of any
town street or alley, any mobile home, camper, trailer, recreational vehicle
or tent, for the purpose of occupying the same, temporarily or
permanently, or for the purposes of preparing or consuming food in, on,
or around such vehicle, mobile home, tent, or camper.
(Code 1973, §§ 20-1, 20-2)
Cross reference —Zoning, App. A
14-16 Private Clubs/Lodges
A private club or lodge may be permitted in an R district subject to the requirements of
the district and provided that:
14-16.1 All new sites shall be no less than two (2) acres in size;
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14-9

14-16.2 The structures shall have minimum side and rear setbacks of fifty (50) feet
and a front yard of at least twenty-five (25) feet greater than that required
for single-family residences within the district; and
14-16.3 Provisions for food, refreshment, and entertainment for club members and
their guests may be allowed in conjunction with such use if the Board of
Adjustment determines that said provisions will not constitute a nuisance.
14.17 Public Utility Buildings and Uses
Public utility buildings and uses such as sewage lift stations, pump stations, electrical
substations, etc., which do not create excessive noise, odor, smoke, dust, and which do not
possess other objectionable characteristics which might be detrimental to surrounding neighbors
or to other uses permitted in the district may be permitted in any district. Public buildings and
uses in this case shall not be construed to include post offices, armories, schools, churches, etc.
14.18 School
A public or private school may be allowed in an R district subject to the requirements of
the district and provided that:
14-18.1 All structures shall have minimum side and rear yard(s) of fifty (50) feet and
a front yard at least twenty-five (25) feet greater than that required for
single-family residences within the district;
14-18.2 An off-street loading area that is based on the size of the school and
current planning standards; and
14-18.3 The school site should meet the following minimum standards:
(A) Public elementary school. Ten (10) acres plus one acre for each one
hundred (100) enrollment.
(B) Publicjunior high (middle) school. Fifteen (15) acres plus one acre for
each one hundred (100) enrollment.
(C) Public senior high school. Thirty (30) acres plus one acre for each one
hundred (100) enrollment.
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' (D) Private schools. No acreage requirement, but must meet all
applicable sections of this Ordinance.
14-19 Kennels
tKennels may be permitted in certain districts subject to the requirements of the district
' and the following:
14-19.1 The minimum lot size shall be one acre and the building shall not be
located closer than fifty (50) feet to any property line.
14-19.2 Kennels shall be enclosed by a sound -proof barrier and be screened.
' 14-20 Business Residence
A business residence maybe established in CD, 0&P, CN, and CMD districts subject to the
requirements of the district and the following limitations:
14-20.1 Not more than one residence shall be permitted for each structure;
14-20.2 The residence may not exceed the gross floor area of the business
' operation;
' 14-20.3 The residence may be located above the business, but in no case shall be
located in the front yard of the business;
' 14-20.4 The residence must be within the same structure as the business.
' 14-21 Overnight Camping Trailer
Overnight camping trailers are permitted to be stored unoccupied on lots in any district.
' They are permitted to be occupied in overnight camping trailer parks.
' 14-22 Emergency Shelter Mission
Emergency shelter missions may be permitted in the CD district provided that:
t14-22.1 The emergency shelter mission is located no closer than one-half mile to
a public or private school;
' 14-11

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14-22.2 The emergency shelter mission is located no closet than one-half mile to
another emergency shelter mission;
'
14-22.3 Sleeping quarters shall not be permitted unless the emergency shelter
mission includes a soup kitchen and the number of beds shall not exceed
,
ten (10) percent of the maximum seating capacity of the soup kitchen;
14-22.4 In the event that sleeping quarters are included as part of the emergency '
shelter mission, the facility shall be staffed twenty-four (24) hours per day
when the beds are in use and the length of stay per individual shall be '
limited to not more than thirty (30) calendar days.
14-23 Cluster Development '
Cluster housing may be permitted in any R district with the exception of R-5S; provided, ,
that:
14-23.1 The density of the cluster housing does not exceed the maximum density ,
requirements of the district in which it is to be located;
14-23.2 The minimum lot size for a cluster housing development is 2.15 acres. '
14-23.3 Cluster development lots shall be required to meet the setback '
requirements for the district in which it is established.
14-23.4 Lot sizes may not be reduced by more than fifty (50) percent of the ,
minimum lot size requirement for the district in which it is located. ,
14-23.5 The minimum setback requirements for the perimeter of the property are
as follows: Front - 40 feet; Side - 40 feet; and Rear - 40 feet. ,
14-23.6 Zero lot line may be permitted within cluster housing developments; ,
provided, that at least one side setback for the district is met. (Example:
If the side setback requirement for the zoning district is fifteen (15) feet
per side, the cluster homes may not be located closer than fifteen (15) feet '
to another residential structure.) At no point shall it be less than ten (10)
feet between structures. '
14-23.7 Approval of cluster housing developments shall be in accordance with the
procedures outlined in the Subdivision Regulations. '
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14-23.8 Open space shall be deeded to the homeowners' association and shall not
be developed except as passive recreational areas.
14.24 Commercial Marina
Activities and possible uses on the marina property shall be limited to wet boat storage,
drystack boat storage, boat service and repairs, boat accessory sales, ship's store, coffee shop,
boat trailer parking areas, automobile parking areas, launching ramps, piers, and boat petroleum
service areas subject to the following requirements:
14-24.1 If drystack boat storage buildings are located as part of the commercial
marina, it shall be located no closer than thirty (30) feet from any property
line unless such property line abuts the water. Also, a buffer shall be
required between the building and any adjacent property lines in
accordance with these regulations.
14-24.2 Pump out facilities are required.
14-25 Automobile Repair Garages/Automobile Service Stations
Automobile repair garages and automobile service stations may be permitted in
commercial and industrial districts subject to the district regulations and the following
limitations:
' 14-25.1 Gasoline pumps and other appliances shall be located a minimum of fifteen
(15) feet from any property line.
14-25.2 When an automobile repair garage or automobile service station adjoins
a residential district, the underground storage tanks shall be located a
minimum of thirty (30) feet from the property line.
' 14-25.3 All underground storage tank facilities shall complywith all federal, state,
and local regulations.
' 14-25.4 Also, a buffer shall be required between the building and any adjacent
property lines in accordance with these regulations.
14-13

14-26 Bars and Cocktail Lounges
14-26.1 No bar or cocktail lounge shall be permitted to be located within one -
quarter mile of an existing or proposed church, school, or daycare facility.
14-26.2 Live entertainment shall be permitted in bars and cocktail lounges,
provided that it shall occur inside the enclosed building.
14-27 Yard Sales
14-27.1 Yard sales may be permitted in residential districts, provided that not more
than two (2) yard sales occur at the same location within a one-year period.
14-27.2 Items sold during the yard sale shall not have been acquired for the sole
purpose of reselling.
14-28 Adult Establishments and Cabarets
An adult establishment, or an adult cabaret, may be permitted in a Commercial Highway
(CH) district subject to the requirements of the district and provided that:
14-28.1 All sites shall be no less than two (2) acres in size;
14-28.2 The structure shall have minimum front, side, and rear setbacks of at least
fifty (50) feet.
14-28.3 No adult establishment shall be permitted within thirteen hundred twenty
(1,320) feet of an established adult establishment (see note);
14-28.4 No adult establishment shall be permitted within thirteen hundred twenty
(1,320) feet of a church, school, public park, or existing child daycare
facility nor within five hundred (500) feet of any residential zoning district
(see note);
14-28.5 No aspect of an adult establishment, as defined under G.S. 144-202.10. or
an adult cabaret shall be permitted within any district other than a
Commercial Highway (CH) district.
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14-14

' NOTE: Measurements shall be taken from the exterior property line and
will be measured by a straight line to the nearest point on the property line
of another adult establishment, church, school, public park, existing
daycare facility, or residential zoning district boundary.
' 14-29 Relocation of Existing Buildings
The Building Inspector shall inspect each structure proposed to be relocated prior to
issuing a permit to move a building to determine ifthe buildingto be moved is structurally sound.
' (Ord. No. 1995-01, 1-31-95)
14.30 Logging Operations
Any logging operation on a parcel of land five (5) acres or greater shall be required to leave
a minimum fifteen -foot buffer between the logging operation and abutting residential property
lines. Buffers shall be vegetated, either left in a natural state or be replanted with not less than
two (2) rows spaced not more than ten (10) feet apart of loblolly or long leaf pines spaced on not
more than seven -foot centers. Pine seedlings shall be planted.
' Any logging operation done in conjunction with an approved development plan shall be
exempt from this requirement. (Ord. No. 1995-20, 7-25-95)
' 14-31 Accessory Uses or Buildings
An accessory use or building as defined in this Ordinance and permitted in any R district
shall be governed by the following requirements:
14-31.1 All accessory uses and buildings shall be required to meet the setback
' requirements established in Section 13-1. except that such buildings and
uses may be located in the rear yard of any R district, provided it is located
' at a distance of not less than five (5) feet from the rear and side lot lines.
14-32.2 Accessory uses and buildings may consist of the following structures:
' (A) Garage:
(B) Greenhouse:
' 14-15

(C) Playhouse;
(D) Pump house;
(E) Recreational area;
(F) Storage shed;
(G) Swimming pool - Swimming pools permanently or semi -
permanently constructed below ground level and exceeding forty
(40) square feet in water area shall be protected by a five-foot fence
and latching gates to keep children and animals from having
unsupervised access;
(H) Toolshed;
(1) Workshop;
Q) Dog pen;
(1) Antenna;
(L) Docks and piers subject to the following conditions and
requirements:
(1) Only one dock or pier may be located on a residential lot.
(2) Docks and piers shall be single (one deck only), private and
noncommercial.
(3) Without a primary structure, no more than two water craft
may be docked at any one time per residential lot.
(4) All docks shall be built in accordance with the Coastal Area
Management Act (CAMA) regulations.
(5) Docks shall be built in accordance with the North Carolina
State Building Code.
14-16

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(6) No living quarters, boathouses, or recreational buildings or
structures shall be placed on a dock or pier nor shall any
houseboat, boat, or Floating structure be moored at the
dock or pier to be used as a residence except they may be
so used for periods not to exceed seven (7) consecutive days
nor more than twenty (20) days in any calendar month.
(7) Docks and piers must be maintained in a good and safe
condition.
(8) Within twenty-four (24) hours of any work on a pier or dock,
all building materials used to build, repair, or for
maintenance of the pier or dock shall be cleared away from
the shore, bottom and water to proper disposal area. Nails
left on the shore or bottom constitute a particular danger.
Storage of materials must be such so as to prevent them
from being Floated on high or storm tides.
(9) All federal and state laws and regulations concerning piers
and docks shall be observed and obeyed.
(Ord. No. 1994-44, 1-31-94; Ord. No.1998-41, § 1, 9-29-98)
14-32 Mobile Homes on Individual (Privately) Owned Lots
No permit shall be issued for installation of a mobile home on an individually (privately)
owned lot unless it is made to appear by satisfactory proof that the mobile home to be installed
was manufactured within a period of ten (10) years from the date of the issuance of the permit.
Presentation by the owner of a bona fide bill of sale, title, or manufacturer's certificate of origin
shall be deemed prima facie evidence of the manufacturer.
14-33 Marine Research Facility
Marine research facilities located within the CD district must provide a minimum of 15%
of the building square footage for educational or retail purposes, accessible to the general public.
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ARTICLE 15. BUFFERING, RECREATION, AND OPEN SPACE
15-1 Buffers and Screens
15-1.1 Purpose and intent. The Town of Morehead City encourages high quality
design in developments, structures, and the use of land. High quality
design includes proper siting of structures and uses and proper
landscaping. The town desires to allow developers maximum Flexibility in
achieving these high standards of development. However, minimum
requirements for buffering and screening between certain uses and/or
districts are hereby established to reduce the impact of a use of land on
adjacent uses which are of a significantly different character, density, or
intensity. Buffers and screens separate different uses from each other in
order to reduce adverse impacts such as dirt, litter, traffic, noise odor,
glare of lights, signs, buildings, and parking areas. These regulations
benefit both the developer and the adjoining landowner(s) because it
allows options from which to choose in developing the property, while
insuring each neighbor adequate protection regardless of the developer's
choice, thereby protecting the property values of all properties involved.
Before the issuance of certificate of occupancy, buffers and/or screening
shall be installed or their installation guaranteed. Buffers or screens shall
be required in accord with the following section.
15-1.2 Definitions.
(A) A buffer is a strip of land together with plantings required thereon.
Buffers consist of a horizontal distance from a lot line which may
only be occupied by the required landscaping materials,
underground utilities, retention areas, screening materials, and
driveway/sidewalk access.
(B) A screen is a strip of land together with plantings and/or walls or
fences required thereon. Screens consist of a minimum of
horizontal distance from a lot line which may only be occupied by
the required screening materials, additional landscaping materials,
underground utilities, and driveway/sidewalk access.
15-1

15-1.3 Buffer or Screen Required. To provide maximum Flexibility in achieving a high
standard of development both buffer and screen requirements are
established. The developer may choose which protection method is
appropriate for the proposed development or he may mix methods within
the development. The matrix below establishes when useswill be required
to install a buffer or a screen. In addition, the matrix establishes what
category of buffer or screen will be required.
The required buffering or screening between the proposed land use(s) and
the existing adjacent land use(s) on adjoining zoning lots is set forth in the
matrix below. If the land adjacent the proposed development is vacant,
the category required shall be determined by the existing zoning on the
adjacent vacant parcel. If the adjacent parcel is vacant, but is zoned for a
more intensive zoning district, no buffer or screen shall be required of the
less intensive use. If the adjacent parcel is developed in a more intensive
manner, no buffer or screen is required of the lesser intensive use. The
relative degree of intensity shall be determined as follows.
As used in this section, the grouping of the zoning districts shall be as
follows:
Group 1: R-20, R-15, R-15M, R-10, R-7, R-5S, R-5, R-15SM
Group 2: RMF, PD, Also included: Multifamily Developments with density
higher than 10 units per acre and Mobile Home Parks.
Group 3: 0&P, MA, CN, CD, CMD, CH, CS, CM, FP, IC
Group 4: IU, IP
Abutting Zoning
or Use Group 1 Group 2 Group 3 Group 4
Group 1 N/A
Group 2 A N/A
Group 3 B A N/A
Group 4 C C A N/A
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' 15-1.4 Requirements for Buffer or Screen. Once the required category of buffer or
screen is determined from the matrix, the following requirements shall be
' met.
' For developments utilizing the buffer option:
' (A) Buffer Description and Options. The following descriptions list the
specifications of each buffer. The requirements are minimum and
the developer may increase the buffer at his option. Buffer
requirements are stated as follows:
• Minimum Width
• Minimum Planting per 100 Linear Feet
• Type and Number of Plant Material
(1) Buffer 'A". The following requirements shall be met for
'
Buffer "A" by any one of the following:
• Ten (10) feet wide strip with one canopy tree, two
(2) understory trees, and three (3) shrubs per one
hundred (100) linear feet; or
'
Fifteen (15) feet wide strip with 0.8 canopy tree, 1.6
'
understory trees, and 2.4 shrubs per one hundred
(100) linear feet: or
' Twenty (20) feet wide strip with 0.6 canopy tree, 1.2
understory trees, and 1.8 shrubs per 100 linear feet;
' or
' Twenty-five (25) feet wide strip with 0.4 canopy tree,
0.8 understory tree, and 1.2 shrubs per one hundred
(100) linear feet.
(2) Buffer 'B". The following requirements shall be met for
' Buffer "B" by any one of the following:
' 15-3

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(3)
• Fifteen (15) feet wide strip with one canopy tree, '
two (2) understory trees, and three (3) shrubs per
one hundred (100) linear feet; or '
• Twenty (20) feet wide strip with 0.8 canopy tree, 1.6
'
understory trees, and 2.4 shrubs per one hundred
(100) linear feet; or
'
• Twenty-five (25) feet wide strip with 0.6 canopy tree,
1.2 understory trees, and 1.8 shrubs per one
'
hundred (100) linear feet.
"C".
Buffer The following requirements shall be met for
Buffer "C" by any one of the following:
,
• Twenty (20) feet wide strip with 1.6 canopy tree, 3.2
understory trees, and a row of evergreen shrubs
'
placed along the property boundary not more than
five (5) feet apart which would grow to form a
hedge
'
continuous opaque of at least six (6) feet in
height within two (2) years of planting per one
hundred (100) linear feet; or
,
• Twenty-five (25) feet wide stripwithl.2canopytree,
2.4 understory trees, and a row of evergreen shrubs
placed along the property boundary not more than
five (5) feet apart which would grow to form a '
continuous opaque hedge of at least six (6) feet in
height within two (2) years of planting per one '
hundred (100) linear feet; or
• Thirty (30) feet wide strip with 0.8 canopy tree, 1.6
'
understory trees, and a row of evergreen shrubs
placed along the property boundary not more than
'
five (5) feet apart which would grow to form a
continuous opaque hedge of at least six (6) feet in
,
height within two (2) years of planting per one
hundred (100) linear feet.
'
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Buffer plant material specifications. Plant materials should be
selected which are appropriate to soil and site conditions. It is
recommended that species be selected which are resistant to heat,
drought, insects and diseases and which require little maintenance.
It should be noted that existing plant materials meeting these
minimum requirements may be counted toward the total
requirements. The exact placement of required plants shall be the
decision of the developer and all buffer areas shall be seeded or
planted with grass or other ground cover unless ground cover is
already established. See table below for minimum plant sizes:
Minimum Size Minimum Size
Plant Material Planting in Planted in Buffers
Type Buffers Abutting Vacant Land*
Canopy Tree 1.5 inch caliper" 1 inch caliper"
Understory Tree 4' height T height
Evergreen Tree T height T height
Shrub, Deciduous 15" height 12" height
Shrub, Evergreen 12" height 9" height
*Smaller plant sizes are permitted adjacent to vacant land because
it is assumed that the plants will have time to mature before the
abutting vacant land is developed. For this purpose, agricultural
land is considered vacant.
"Caliper is a measurement of the size of a tree equal to the
diameter of its trunk measured four and one-half (4.5) feet above
natural grade.
Location, installation and maintenance of a buffer. Buffers shall be
located on the outer perimeter of a lot or parcel, extending along
the lot or parcel boundary line and shall not be located on any
' portion of an existing or dedicated public or private street or
rights -or -way. No landscaping shall be permitted which interferes
with the sight distance required at any roadway or driveway
intersection.
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(B) Use of Buffer. A buffer maybe used for passive recreation and may
'
contain picnic tables and bicycle or pedestrian trails, provided that
no plant material is eliminated, the total width of the buffer is
t
maintained and all other regulations are met. A buffer shall not be
used for parking, accessory buildings, or any other use except
,
where required and permitted for pedestrian orvehicular access to
adjoining property.
For a development utilizing the screen option:
,
(C) Screen Description and Options. Screening shall be required along the
property boundaries of the zoning lot with the exception that
screening such as hedges, fences, or walls, as described in this
'
section, shall not be over three (3) feet tall within the required front
yard(s). Screening is not required to separate uses located across
'
public streets. All screening walls and fences shall be located on
the exterior side of required plantings with the finished side of the
,
wall or fence facing outward unless existing or proposed
topography results in ineffective screening. In such cases, the Land
Use Administrator may make a determination of alternative,
'
effective screening.
"A".
'
(1) Screen The following requirements shall be met for
screen "A" by providing a five-foot minium screening yard
and one of the following:
,
• A row of evergreen shrubs placed not more than five '
(5) feet apart which would grow to form a
continuous opaque hedge of at least six (6) feet in '
height within two (2) years of planting; and
• A masonry (brick, block, rock, texture block, cast
'
blocks, or concrete) wall located within the required
screening yard, such wall shall be a minimum height
'
of six (6) feet (above finished grade); and if a
concrete block or concrete wall, it shall be finished
with a masonry coating or finish on all exposed
'
exterior sides; or, a solid wooden fence six (6) feet
15-6

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in height constructed of pressure treated wood
which is appropriate to the use or is constructed of
a wood of natural resistance such as salt treated
lumber of equivalent; and
• Lawn and/or low -growing evergreen shrubs,
evergreen ground cover, or mulch covering the
balance of the screening yard.
(2) Screen 'B". The following requirements shall be met for
Screen "B" by providing a ten -foot minimum screening yard
and the following:
• The requirements of Screen "A'; and
• A staggered row of evergreen trees, which are not
less than six (6) feet in height at the time of planting
and are spaced not more than thirty (30) feet apart
which at maturity will form an intermittent visual
barrier from above the opaque screen to a height of
fifteen (15) feet.
(3) Screen "C". The following requirements shall be met for
Screen "C" by providing a ten -foot minimum screening yard
and the following:
• The requirements of Screen "A"; and
• A staggered row of evergreen trees, which are not
less than six (6) feet in height at the time of planting
and are spaced not more than fifteen (15) feet apart
which, at maturity, will form an intermittent visual
barrier from above the opaque screen to a height of
twenty (20) feet.
Screen plant material specifications. Plant materials should be
selected which are appropriate to soil and site conditions. It is
recommended that species be selected which are resistant to heat,
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drought, insects, and diseases and which require little maintenance.
Plant materials shall be evergreen. Existing plant materials meeting
these requirements and locational requirements may be utilized
towards screening requirements.
Location, installation, and maintenance of screen. Screens shall be
located on the outer perimeter of a lot or parcel, extending along
the lot or parcel boundary line and shall not be located on any
portion of an existing or dedicated public or private street or right-
of-way. No landscaping shall be permitted which interferes with
the sight distance required at any roadway or driveway
intersection.
Use of screens. A screen shall not be used for recreation, parking,
accessory buildings, or any other use except where required and
permitted for pedestrian or vehicular access to adjoining property.
15-1.5 Coordination of buffer yard or screen yard and required setback yard. Buffer or
screen yards as required may be included within or combined with the
required minimum setback yards as established in Section 13-1. When
buffer or screen yards are required to be larger than setback yards, the
buffer or screen yard shall serve also as the minimum setback yard. When
the setback yard is larger than the required buffer or screen yard, the
setback yard shall stand.
15-1.6 Alternative buffers and screening. In lieu of compliance with the above buffer
or screening requirements, an applicant may submit a detailed plan and
specifications for landscaping, buffering and/or screening to the Planning
Board for its review and approval. The Planning Board may approve the
alternative buffering and/or screening upon finding that the proposal will
afford a degree of buffering and/or screening equivalent to or exceeding
that provided by the above requirements. A plan proposing an increase in
the depth of a buffer yard may be approved and may utilize existing
significant plants and trees if no reduction in the total number of required
plants and trees results and they afford an equal degree of separation in
terms of height and opacity. Otherwise, additional plantings, walls or
fences, or a combination thereof shall be required. A reduction in buffer
yards is not permitted since the developer may choose the screen
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alternative which requires less yard. A reduction in the required screen
yard may be approved if it can demonstrate to the Planning Board that full
' compliance with the requirements is unpractical and creates an undue
restriction on the use of the property. If such a plan is approved, it shall
include screening measures which will provide an increase in the height
and opacity of the screening required.
' 15-1.7 Existing Vegetation. The retention of existing vegetation shall be maximized
to the extent practicable, wherever such vegetation contributes to required
' buffering and/or screening or to the preservation of significant trees.
' 15-1.8 Maintenance of Buffers and Screens. All buffering and screening which
provides required buffering and screening shall be maintained so as to
continue its effectiveness. Periodic inspections maybe made to determine
' continued effectiveness of the required landscaping and screening. Any
deficiencies shall be treated as a violation of this ordinance.
' (Ord. No. 1994-34, 8-30-94; Ord. No. 1998-19, 5-26-98)
' 15-2 Recreation and Open Space
15-2.1 Everypersonwho subdivides land forresidential purposes shall be required
' to provide land dedication or fees in lieu of dedication for park, recreation
and open space to serve the residents of the neighborhood in which the
subdivision is located.
(A) Subdivisions five acres or less and/or subdivisions which do not
' generate a minimum of 0.5 acres of useable recreation area based
upon the formula in Article 15-2.2 shall be required to pay a fee in
' lieu of dedication as provided in Article 15-2.4 of these regulations.
t(B) All other subdivisions shall be required to either:
• Dedicate a portion of such land to the town; or,
• Provide fees in lieu of dedication as provided in Article
15-2.4 of these regulations.

15-2.2
The City Council shall determine which alternative is most
appropriate based upon the following criteria:
• The proximity of the subdivision to an existing park or
recreation area; and,
• The density and size of the subdivision.
• The developer's interest in providing a developed/improved
recreation area with active and/or passive recreation uses to
service the residents of the subdivision. All plans for
developeddmproved parks shall be provided to the City
Council prior to construction. This develop/improved
recreation area may be accepted in lieu of recreation fee.
(C) All required recreation land dedications in subdivisions located
within the planning jurisdiction shall be offered to the Town of
Morehead City prior to recordation of final plat. In the event that
Morehead City declines the offer, the land dedication shall be
offered to Carteret County. See also Article 15-2.3(A).
With the approval of the City Council, a developer may provide an
improved recreation area to service the residents of the
subdivision. The recreation area may first be offered to the
homeowner's association.
The amount of land that must be dedicated to the town, dedicated to the
county, or conveyed to the homeowner's association shall be based upon:
(A) The number of persons expected to reside in the subdivision. This
number shall be computed by multiplying the total number of
proposed dwelling units or lots as shown on the final plat times the
average family size in Morehead City as reflected by the most
recent census figures.
(B) A minimum park and recreation standard factor of eight (8) acres
per one thousand (1,000) persons.
(C) A variable density factor. This factor is designed to provide an
adjustment reflecting the density of development in the
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subdivision. Subdivisions less dense than an average of 0.5 acres
per dwelling unit contain more open space and require less space
for recreation facilities. Subdivisions more dense than an average
of 0.5 acres per dwelling unit have less open space and increase the
demand for recreation facilities. The variable density factor is
based on a sliding scale as follows:
Average Acreage Per Variable Density
Dwelling Unit or Lot Factor
0.0-0.1 1.8
0.1-0.2
1.6
0.2-0.3
1.4
0.3-0.4
1.2
0.4-0.5
1.0
0.5-0.6
0.9
0.6-0.7
0.8
0.7-0.8
0.7
0.8-0.9
0.6
0.9-over
0.5
NOTE: The Average Acreage per dwelling unit or lot is computed by
dividing the combined total acreage of all dwelling units or lots by
the number of dwelling units or lots. Land dedicated or reserved
for other purposes such as streets, alleys, and for purposes other
than residential shall not be used to determine the Average Acreage
per dwelling unit or lot.
(D) The following formula, based upon the above factors, shall be used
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to determine Standard Acreage for Dedication for Recreation and
Open Space.
# of lotsX .008 acres per person X average family size X variable density
factor = standard acreage for dedication for recreation and open space
15-2.3 Suitability of Land for Recreation and Open Space.
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(A) Unity. The land for recreation and open space to be dedicated shall
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be offered to the town prior to final plat approval. If the town does
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not accept the offer of dedication, then the land for recreation and
open space shall be offered to Carteret County. If the county does
not accept the offer of dedication, then the land for recreation and
open space shall be conveyed to a homeowner's association. It
shall be a single parcel except where it is determined that two or
more parcels would be in the public interest. If land is conveyed or
dedicated in two or more parcels, the subdivider may be required
to connect said parcels and may be required to dedicate or convey
a connecting path of at least thirty (30) feet in width but not more
than sixty (60) feet in width in addition to the land required for
dedication or conveyance by Article 15-2.2 of this section.
(B) Location. The land shall be located so as to serve the recreation
needs of the immediate neighborhood or subdivision.
(C) Accessibility. Access to dedicated land shall be provided by an
abutting street or easement. Such easement may be required to be
up to sixty (60) feet in width and shall in no case be less than thirty
(30)feet in width.
(D) Quality. The land shall be usable for active recreation such as play
areas, ballfields, tennis courts, or similar recreation uses. Lakes
may not be included in computing the amount of lad for recreation
and open space without approval of the City Council. If active
recreation needs are being met by other dedicated parcels or
existing recreation facilities, the land that is suitable for open space
may be conveyed or dedicated pursuant to this Section.
(E) Conservation and Historic Preservation. Conservation and historic
preservation easements shall comply with the Conservation and
Historic Preservation AgreementAct (NCGS 121-34 through 121-42).
All facilities and improvements and open spaces which the owner
offers for dedication to public use shall be maintained by the owner
until such offer of dedication is accepted by the appropriate public
authority.
15-2.4 Fees in Lieu of Dedication. Subject to the approval of the City Council, a
developer may provide funds in lieu of providing land for recreation or
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open space. The developer shall pay twenty thousand dollars ($20,000) per
Actual Dedicated Acreage as determined by Article 15-2.2 or the average
cost per acre as shown on the Carteret County tax records of the Actual
Dedicated Acreage, whichever is less. These funds must be used by the
town to purchase or develop recreational land to service the immediate
area of the subdivision.
15-2.5 Adjustments. The town may, in cases of an unusual or exceptional nature,
allow adjustments in the requirements for open space and recreation area
established in this Ordinance. Such adjustments shall be reviewed by the
City Council.
15-2.6 Recreation Funds. Expenditures of recreation funds shall be determined by
the City Council upon recommendation from the Recreation Advisory
Committee. However, any such fees accepted by the town for a subdivision
shall be used only for acquiring, maintaining, or improving recreational
land or facilities in the recreation district in which the subdivision is
located.
15-2.7 Excess Dedication. If the land required for open space and recreation is in
a section or phase of a subdivision which exceeds the requirement in
Article 15-2.2, the difference can be applied to future sections or phases of
the subdivision.
In the event the City Council desires recreation and open space land in
excess of what is required in Article 15-2.2, the developer and the City
Council shall negotiate a fair price and the town shall pay the full
negotiated price.
15-2.8 Reversionary Clause. In the event that a homeowner's association dissolves,
liquidates its assets, or otherwise ceases to maintain the recreation area,
the recreation area title shall revert to the Town of Morehead City or
Carteret County. The Town of Morehead City shall have the right of first
refusal. All protective covenants, declarations, and homeowners' bylaws
applicable to subdivisions shall contain a provisions legally sufficient to
accomplish this directive.
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15-2.9 Sketch plan. If the overall sketch master plan of a subdivision shows future
recreation areas not included in the section receiving final plat approval,
the recreation area or open area (or fees) shall not be required. If the
amount of recreation area required by this Ordinance is not developed
within one year of final plat approval, Article 15-2.2 and 15-2.4 of this
Ordinance shall apply immediately.
15-3 General
Each subdivision shall contain the improvements specified in this Article, which shall be
installed in accordance with the requirements of this Ordinance and paid for by the subdivider
prior to final approval or in accordance with the terms of this Ordinance. Land shall be dedicated
and reserved in each subdivision as specified in this Article. Each subdivision shall adhere to the
minimum standards of design established by this Article.
154 Suitability of Land
15-4.1 Unsuitable or Dangerous Conditions. Lots unsuitable for residential or
commercial development, or both due to erosion, topographical features,
drainage characteristics, or other odd or sufficient reasons shall not be
platted for such uses unless such conditions can be and are corrected by
the subdivider.
Lots which contain soils which have not been determined suitable or are
unsuitable for septic tanks at the time of final plat approval shall be so
marked with the unsuitable soils symbol unless such lots are served by an
approved sewage disposal system.
15-4.2 Disposal Areas. Areas that have been used for disposal of solid waste shall
not be subdivided unless tests by the Carteret County Health Department,
a structural engineer and a soils expert determine that the land is suitable
for construction purposes.
15-4.3 Flood Damage. All subdivisions shall be consistent with Morehead City's
Flood Damage Prevention Ordinance. All subdivisions shall located any
public utilities and facilities such as sewer, gas, electrical, and water
systems so as to minimize damage.
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15-4.4 State or Federal Regulations. All lots, structures, utilities, and filling shall
complywith any applicable state and federal regulations, including but not
limited to, the Coastal Area Management Act (CAMA) and Section 404 of
the Clean Water Act, Code of Federal Regulations.
15-5 Access to Water
' All subdivisions shall provide for public access to the water. All waterfront subdivisions
are required to have at least one (1) useable 15 footwater access easement. This access easement
shall be increased in width by 15 feet for every 1,200 linear feet of shoreline after the first 1,200
feet of shoreline. The easement shall be directly accessible to a public street or road. Where a
public boat dock, launching ramp, or water access is provided by the state, county, or other
public agencywithin or contiguous to the area to be subdivided, such facility may count towards
meeting the requirements of this Section. Streets offered for public dedication which run to the
mean high water mark may count towards meeting the requirements of this Section.
1 The water access easement shall be offered for dedication to the public. The maintenance
of the access easement shall be the responsibility of the Homeowner's Association until the
1 facilities are accepted by the town. At such time that the dedication is accepted, the access
easement shall be open to the general public and be maintained by the town.
15-6 Buffering
' Whenever a residential subdivision is located adjacent to an office, institutional,
commercial, or industrial use which does not have a buffer strip, or property zoned for these
uses, and a buffer strip is not provided between these and the subdivision, the subdivider shall
provide a buffer strip in accordance with Article 15-1. The width of the buffer strip shall be in
addition to the lot area required by Article 4, Part 11. The buffer strip shall become part of the lot
' on which it is located, or in the case of commonly owned property, shall be deed to the
homeowner's association.
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I ARTICLE 16.
IPART
STREETS, ALLEYS, AND SIDEWALKS
STREETS AND ROADS
I16-1 Acceptance of Streets
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No streets shall be maintained by the town nor street dedication accepted for ownership
and maintenance in any subdivision for which a plat is required to be approved unless and until
such final plat has been approved by the Town of Morehead City, provided, however, that streets
or alleys in existing subdivisions may be accepted as a part of the town street system by
resolution of the City Council.
16-2 Streets and Roads
16-2.1 In anynew subdivision, the street layout shall conform to the arrangement,
width, and location indicated on any official plans or maps for the town.
In areas for which the town has not competed such plans, the plans of
Carteret County shall be utilized. In areas where no plans have been
completed, the streets shall be designed and located in proper location to
existing and proposed streets, to the topography, to natural features such
as streams and tree growth, to public convenience and safety, and to the
proposed use of land to be served by such streets. The proposed street
layout shall be made according to good land planning practice for the type
of development proposed, and shall be coordinated with the street system
of Morehead City and/or with existing streets in the extra -territorial area.
All streets must provide for the continuation or appropriate projection of
principal streets in surrounding areas and provide reasonable means of
ingress and egress for surrounding tracts.
16-2.2 All subdivision lots shall abut a public street. All streets shall be offered for
dedication to the public All streets shall be built to the standards of the
Town of Morehead City or the North Carolina Department of
Transportation, whichever is more strict. Street maintenance shall be the
responsibility of the Homeowner's Association prior to the acceptance of
dedication by the town or the state.

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16-2.3 All streets shown on the final plat shall be designated in accordance with
NCGS 136-102.6 and designation of any street as "public" shall be
conclusively presumed an offer of dedication to the pubic. Where streets
are dedicated to the public but are not accepted into the municipal or state
system, no lot or lots shall be sold until a disclosure of the status of the
street is included with the final plat.
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16-3 Special Street Access Requirements 1
The Town of Morehead City may require that special street access be provided as follows:
16-3.1 Industrial or Commercial. An industrial or commercial subdivision may be
required to provide a frontage road along US and NC routes, major
collectors or state secondary roads, or any road with a constructed or
planned capacity of greater than five thousand (5,000) vehicles per day.
Where a frontage road is required, intersections with public streets shall
be spaced no closer than eight hundred (800) feet.
16-3.2 Residential. In order to reduce traffic congestion and to buffer residential
property from traffic, reverse frontage lots may be required along US and
NC numbered highways, major collectors or state secondary roads or any
road with a constructed or planned capacity of greater than five thousand
(5,000) cars per day unless the developer chooses to build a frontage road.
Where reverse frontage lots are required, access shall be permitted only to
the subordinate internal subdivision street or road.
A buffer composed of at least the minimum requirements defined in Article
4-32 of this Ordinance shall be established along the higher capacity right-
of-way or any required right-of-way reservations. This buffer shall not be
required to extend into the site triangle of an intersection.
16-3.3 All requirements of this Section shall be clearly shown upon the affected
areas of the plat.
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16-4 Frontage Roads
Frontage roads shall be public. Public frontage roads may be permitted within a fifty (50)
foot right-of-way subject to the NC Department of Transportation requirements or Morehead
City's standards, whichever is the most restrictive.
16-5 Access to Adjacent Properties
Where, in the opinion of the Planning Board, it is necessary to provide for access to an
adjoining property, proposed streets shall be extended by dedication to the boundary of such
property and a temporary turnaround provided. Streets shall connect with existing streets
located on adjacent property whenever possible.
16-6 Design Standards
The design of all streets and roads within the area where this ordinance is applicable shall
be in accordance with the accepted policies of the NC Department ofTransportation. Residential
subdivision roads shall be designed in accordance with the most current edition of the NC
Department of Transportation Division of Highways' Subdivision Roads Minimum Construction
Standards or Morehead City's Standards and Specifications for Streets, Sidewalks, and Drainage
booklet, whichever is stricter. Non-residential subdivision shall provide streets in accordance
with the standards contained in the most current edition of the North Carolina Roads, Minimum
Construction Standards booklet or the standards of Morehead City. In -town standards are
available at the Public Works Department.
16-7 Intersections
16-7.1 Streets shall be laid out so as to intersect as nearly as possible at right
angles, and no street shall intersect any other street at an angle less than
sixty (60) degrees.
16-7.2 Sight distances shall be required.
16-7.3 Offset intersections are to be avoided unless exception is granted by the
Division of Highways. Intersections which cannot be aligned should be
separated by a minimum length of two hundred (200) feet between survey
centerlines.
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16-7.4 Intersections between collector and thoroughfares shall have a distance '
between them of at least one thousand (1,000) feet from centerline to
centerline, or more if required by the NC Department of Transportation. ,
16-7.5 On a corner lot, except in the CD and CMD district, nothing shall be
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erected, placed, planted, or continued to exceed the height of three (3)
feet, or to protrude lower than ten (10) feet, or to inhibit the visibility of
a motor vehicle operator within a triangular area formed by the
intersection of the right-of-way lines at two (2) points each twenty-five (25)
feet from the intersection of the right-of-way lines.
16-8 Permanent Dead End, Cul-De-Sac Streets
Permanent dead end streets should not exceed five hundred (500) feet in length unless ,
necessitated by topography or property accessibility and should not be permitted to be over nine
hundred (900) feet long. Cul-de-sac length shall be measured from the middle of an intersection
with either a through street or another cul-de-sac to the center of the turnaround of the cul-de-
sac. Cul-de-sacs shall not be used to avoid connection with an existing street or to avoid the
extension of an important street. Cul-de-sacs over nine hundred (900) feet require a variance in ,
accordance with Article 5-3 of this Ordinance. In no case shall the overall length of a cul-de-sac
exceed 2,700 feet from a through street.
16-9 Street Names '
Proposed street names which are obviously in alignment with existing streets shall be
given the same name. In assigning new names, duplications of existing names shall be avoided,
and in no case shall the proposed name be phonically or confusingly similar to existing names in ,
the county irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street
names shall be subject to approval of the Planning Board. ,
16-10 Street and Traffic Control Signs ,
The subdivider shall be required to provide and erect street name signs and traffic control
signs to town standards at all appropriate locations within the subdivision prior to any Certificate '
of Occupancy being issued for any lot in the subdivision. Street and traffic control signs shall be
ordered through the Town of Morehead City prior to final approval. ,
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' 16.11 Curb and Gutter
Curbs and gutters shall be required in all subdivisions. A variance may be requested from
the Planning Board, with final approval by the City Council. Consideration in granting a variance
' would be based on the inability to receive state approval of a stormwater management plan or
a letter of exemption under the Stormwater Regulations if curb and gutter is installed.
PART If ALLEYS
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16.12 Requirements for Alleys
16-12.1 Alleys shall be required to serve lots used for commercial and industrial
purposes except that this requirement maybe waived where other definite
and assured provision is made for service access.
16-12.2 Alleys shall not be provided in residential subdivisions unless necessitated
by unusual circumstances.
16-12.3 The width of an alley shall be at least twenty (20) feet.
16-12.4 Dead end alleys shall be avoided wherever possible, but if unavoidable,
shall be provided with adequate turnaround facilities at the dead end as
may be approved by the Planning Board.
16-12.5 Sharp changes in alignment and grade shall be avoided.
16-12.6 All alleys shall be designed in accordance with North Carolina Department
of Transportation standards.
PART III SIDEWALKS
16.13 Sidewalks, Pedestrian Crosswalks, Wheelchair Ramps
If any street in a subdivision is within one -quarter (1/4) mile (by road) of an existing or
recognized approved planned school, town recreation area, county recreation area, or shopping
center, the subdivision shall be required to include sidewalks, pedestrian crosswalks, and
wheelchair ramps if densities exceed three (3) dwelling units per gross acre.
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Sidewalks shall be required along all lots that front on the major and minor thoroughfares
as identified in the town's most current Thoroughfare Plan. Sidewalks shall be required when
new construction or improvements exceeding 50% of the value of existing development occurs.
Sidewalks shall be required on both sides of the street along major thoroughfares. Sidewalks
shall be required along one side of the street along minor thoroughfares.
When required, sidewalks shall be installed prior to issuance of the Certificate of
Occupancy. The City Manager may agree to accept a sidewalk extension fee in lieu of installation
upon written request based upon the linear front footage of the lot. Lots fronting on major
thoroughfares will be assessed based upon one-half of the total front footage of the lot. Said fee
shall be an amount equal to the total cost of sidewalk construction associated with the lot being
developed. Fees shall be set aside in a sidewalk fund and shall only be used by the town to
construct sidewalks as it determines to be in the public's best interest.
Sidewalks shall be constructed in accordance with town standards with a minimum width
of five (5) feet and in accordance with Appendix III. All sidewalks shall be placed in the street
right-of-way unless the development is platted as a planned unit or group development. In the
event the sidewalk cannot be located within the right-of-way, the sidewalk shall be located
parallel and immediately adjacent to the right-of-way. When necessary, the property owner shall
grant the town a sidewalk easement.
Any sidewalk extended or installed under the provisions of this Section shall be
constructed in accordance with approved plans, specifications, and other requirements of the
town. In the event the town desires to upgrade the sidewalk facilities beyond the minimum
requirements, it shall be responsible for the difference in cost.
A pedestrian crosswalk, at least fifteen (15) feet in width, shall be required to provide safe
and convenient access from subdivisions.
In accordance with Chapter 136, Article 2A of the North Carolina General Statutes (NCGS)
136-44-14). all street curbs being constructed or reconstructed for maintenance procedures,
traffic operations, repairs, correction of utilities, or altered for any reason, shall be provided with
wheelchair ramps for the physically handicapped at all intersections where both curb and gutter
and sidewalks are provided and at other major points of pedestrian flow.
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ARTICLE 17. UTILITIES
17-1 Water and Sanitary Sewer System
Each lot in all subdivisions within the corporate limits of the Town of Morehead City shall
be provided with an extension of the municipal water and sanitary sewer systems at the
subdivider's expense.
Subdivisions may conned to the municipal water and sanitary sewer systems if approved
by City Council and after annexation. Installation of all lines and laterals shall be in accordance
with plans approved by the town and at the developer's sole expense.
17-2 Oversized Improvements
The Town of Morehead City may require installation of certain oversized utilities or the
extension of utilities to adjacent property when it is in the interest of future development. lfthe
town requires the installation of improvements in excess of the standards required in this
Ordinance, including all standards adopted by reference, the town shall pay the cost ofdifferential
between the improvement required and the standards in this Ordinance. The town may recoup
this cost through fees as set forth in the appropriate town ordinance.
17-3 Stormwater Drainage System
The subdivider shall provide a surface water drainage system plan which shall be designed
in accordance with the North Carolina Erosion and Sedimentation Control Ad, the North Carolina
Stormwater Runoff Regulations, the Handbook for the Design of Highway Surface Drainage
Structures, as amended, and the town's Standards and Specifications for Streets, Sidewalks, and
Drainage. The most stringent standards and regulations shall apply.
The developer must submit complete detailed drawings, plan and profile, along with
specifications for all construction. The town may have the Town Engineer or some consulting
engineer review the plans.
Easements necessary to maintain the surface water drainage system shall be offered for
dedication to the public. Prior to the time that such dedication is accepted by the town, the
maintenance of the surface water drainage system shall be the responsibility of the Homeowner's
Association.
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17-4 Street Lights
In subdivisions where the smallest lot is less than forty thousand (40,000) square feet, the '
developer shall make provisions for the installation of street lights to provide adequate lighting
through participation in CP&L's or Carteret -Craven EMC's Residential Lighting Program. The
Restrictive Covenants shall indicate the subdivisions participation in the program. Commercial
and residential subdivisions shall meet the town's spacing requirements for street lighting, which
is one light for every 400 feet. In the event that one or both of these programs are disbanded,
street lighting shall continue to be in accordance with the Town of Morehead City's requirements
available through the Public Works Department. ,
17-5 Underground Wiring
All subdivisions in which the smallest lot is less than forty thousand (40,000) square feet ,
shall have underground wiring. This requirement may be waived by the Planning Board if
underlying rock or geologic formations nonconductive to underground wiring is less than four
(4) feet from the surface, or if there is extensive pre-existing overhead wiring on the street in the '
immediate neighborhood of the subdivision. Such underground wiring shall be installed in
accordance with the applicable standards of CP&L or Carteret -Craven Electric Membership '
Corporation. The subdivider shall be required to pay the charges for installation of the
underground service.
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ARTICLE 18.
FLOOD DAMAGE PREVENTION ORDINANCE
18-1 Statutory Authorization, Findings of Fact, Purpose and Objectives
18-1.1 Statutory Authorization. The Legislature of the State of North Carolina has
in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of
Chapter 160A; and Article 8 of Chapter 60A of the North Carolina General
Statutes, delegated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety, and general
welfare of its citizenry.
Therefore, the City Council of the Town of Morehead City, North Carolina,
does ordain as follows:
18-1.2 Findings of Fact.
(A) The flood hazard areas of Morehead City, North Carolina, are
subject to periodic inundation which results in loss of life, property,
health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures of flood
protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare.
(B) These flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights and
velocities, and by the occupancy in flood hazard areas by uses
vulnerable to floods or hazardous to other lands which are
inadequately elevated, floodproofed, or otherwise unprotected
from flood damages.
18-1.3 Statement of Purpose. It is the purpose of this Ordinance to promote the
public health, safety, and general welfare and to minimize public and
private losses due to flood conditions in specific areas by provisions
designed to:

18-1.4
(A) Restrict or prohibit uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in
damaging increases in erosion or in flood heights or velocities;
(B) Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(C) Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the
accommodation of flood waters;
(D) Control filling, grading, dredging, and other development which
may increase erosion or flood damage; and,
(E) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters orwhich may increase flood hazards
to other lands.
Objectives. The objectives of this Ordinance are:
(A) To protect human life and health;
(B) To minimize expenditure of public money for costly flood control
projects;
(C) To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
(D) To minimize prolonged business interruptions;
(E) To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, and
bridges located in floodplains;
18-2

(F) To help maintain a stable tax base by providing for the sound use
and development of flood prone areas in such a manner as to
' minimize flood blight areas; and,
I(G) To insure that potential home buyers are notified that property is
in a flood area.
t18-2 General Provisions
' 18-2.1 Lands to Which This Ordinance Applies. This Ordinance shall apply to all areas
of special flood hazard within the jurisdiction of the Town of Morehead
City.
18-2.2 Basis for Establishing the Areas ofSpecial Flood Hazard. The "Areas of Special
Flood Hazard" are those identified by the Federal Emergency Management
Agency (FEMA) in its Flood Hazard Boundary Map or Flood Insurance Study
' and Flood Insurance Rate Map(s), for the Town of Morehead City, (map
numbers 370043, dated May 1S, 1980 and map numbers 370048, dated
' February 16, 1977), which with accompanying supporting data, and any
revision thereto, including Letters of Map Amendment or Revision, are
adopted by reference and declared to be a part of this Ordinance. The
' "Areas of Special Flood Hazard" also include those defined through
standard engineering analysis for private developments or by governmental
' agencies, but which have not yet been incorporated in the FIRM. This
includes detailed flood information generated as a requirement of Article
18-3.30) of this Ordinance.
In addition, upon annexation to the Town of Morehead City, or inclusion
' in the Extraterritorial jurisdiction, the Areas of Special Flood Hazard
identified by the Federal Emergency Management Agency in its Flood
' Hazard Boundary Map or Flood Insurance Study and Flood Insurance Rate
Map(s) for Unincorporated Carteret County, with accompanying maps and
other supporting data, and any revision thereto, are adopted by reference
and declared to be a part of this Ordinance.
18-2.3 Establishment of Development Permit. A Development Permit shall be
required in conformance with the provisions of this Ordinance prior to the
commencement of any development activities.
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18-2.4 Compliance. No structure or land shall hereafter be located, extended,
converted, or structurally altered without full compliance with the terms
of this Ordinance and other applicable regulations.
18-2.5 Abrogation and Greater Restrictions. This Ordinance is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Ordinance and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
18-2.6 Interpretation. In the interpretation and application of this Ordinance all
provisions shall be: (1) considered as minimum requirements; (2) liberally
construed in favor of the governing body; and, (3) deemed neither to limit
nor repeal any other powers granted under state statutes.
18-2.7 Warning and Disclaimer of Liability. The degree of flood protection required
by this Ordinance is considered reasonable for regulatory purposes and is
based on scientific and engineering consideration. Larger floods can and
will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This Ordinance does not imply that land outside the
areas of special flood hazard or uses permitted within such areas will be
free from flooding or flood damages. This Ordinance shall not create
liability on the part of the Town of Morehead City or by any officer or
employee thereof for any flood damages that result from reliance on this
Ordinance or any administrative decision lawfully made hereunder.
18-2.8 Penalties for Violation. Violation of the provisions of this Ordinance or
failure to comply with any of its requirements, including violation of
conditions and safeguards established in connection with grants of
variance orspecial exceptions, shall constitute a misdemeanor. Any person
who violates this Ordinance or fails to comply with any of its requirements
shall, upon conviction thereof, be fined not more than $50.00 or
imprisoned for not more than 30 days, or both. Each day such violation
continues shall be considered a separate offense. Nothing herein
contained shall prevent the Town of Morehead City from taking such other
lawful action as is necessary to prevent or remedy any violation.
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18-3 Administration
18-3.1 Designation ofAdministrator. The holder of the office of building inspector,
hereinafter referred to as the "administrator", is hereby appointed to
administer and implement the provisions of this Ordinance.
18-3.2 Development Permit and Certification Requirements. Application for a
Development Permit shall be made to the administrator on forms furnished
by the administrator prior to any development activities. The Development
Permit shall include, but not be limited to, plans in duplicate drawn to
scale showing: the nature, location, dimensions, and elevations of the area
in question; existing or proposed structures; and the location of fill
materials, storage areas, and drainage facilities. Specifically, the following
information is required:
(A) A plot plan that shows the 100 year floodplain contour or a
statement that the entire lot is within the floodplain must be
provided by the development permit applicant when the lot is
within or appears to be within the floodplain as mapped by the
Federal Emergency Management Agency or the floodplain identified
pursuant to either Article 18-3.3Q) or Article 184.3 and 18-4.4. The
plot plan must be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and certified by
same.
(B) The plot plan required by Article 18-3.2(A) must show the floodway
as identified by the Federal Emergency Management Agency or
pursuant to either Article 18-3.3Q) or Article 184.3. or the setback
required for streams without designated floodways as required by
Article 184.4.
(C) Where base flood elevation data is provided as set forth in Article
18-2.2; Article 18-3.30); orArticle 18-4.4 and 18-4.5, the application
for a Development Permit within the flood hazard area shall show:
(1) The elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new and substantially
improved structures, and
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(2) If the rion-residential structure will be floodproofed in
accordance with Article 18-4.2(B), the elevation (in relation
to mean sea level) to which the structure will be '
floodproofed.
(D) Where the base flood elevation data is not provided, the ,
application for a development permit must show construction of '
the lowest floor at least 2 feet above the highest adjacent grade.
(E) Where any watercourse will be altered or relocated as a result of '
proposed development, the application for a development permit
shall include: a description of the extent of watercourse alteration '
or relocation; an engineering report on the effects of the proposed
project on the flood -carrying capacity of the watercourse and the ,
effects to properties located both upstream and downstream; and
a map showing the location of the proposed watercourse alteration
or relocation. ,
(F) When a structure is floodproofed, the applicant shall provide a
Floodproofing Certificate (FEMA Form 81-65) from a registered
professional engineer or architect that the non- residential
floodproofed structure meets the floodproofing criteria in Article '
18-4.2(B).
An Elevation
(G) Certificate (FEMA Form 81-31) or a Floodproofing
Certificate (FEMA Form 81-65) is required after the lowest floor is
completed. Within twenty-one (21) calendar days of establishment
,
of the lowest floor elevation, or floodproofing by whatever
construction means, whichever is applicable, it shall be the duty of
'
the permit holder to submit to the administrator a certification of
the elevation of the lowest floor, or floodproofed elevation,
'
whichever is applicable, as built, in relation to mean sea level. Said
certification shall be prepared by or under the direct supervision of
a registered land surveyor or professional engineer and certified by
'
same. When flood -proofing is utilized for a particular building, said
certification shall be prepared by or under the direct supervision of
,
a professional engineer or architect and certified by same. Any
work donewithin the twenty-one (21) day calendar period and prior
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18-3.3
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to submission of the certification shall be at the permit holder's
risk. The administrator shall review the floor elevation survey data
submitted. Deficiencies detected by such review shall be corrected
by the permit holder immediately and prior to further progressive
work being permitted to proceed. Failure to submit the survey or
failure to make said corrections required hereby shall be cause to
issue a stop -work order for the project.
Duties and Responsibilities of the Administrator. Duties of the administrator
shall include, but not be limited to:
(A) Review all development permits to assure that the requirements of
this Ordinance have been satisfied.
(B) Advise permittee that additional Federal or State permits may be
required, and if specific Federal or State permits are known, require
that copies of such permits be provided and maintained on file with
the development permit.
(C) Notify adjacent communities and the North Carolina Department of
Crime Control and Public Safety, Division of Emergency
Management, State Coordinator for the National Flood Insurance
Program prior to any alteration or relocation of watercourse, and
submit evidence of such notification to the Federal Emergency
Management Agency.
(D) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood -carrying capacity is
not diminished.
(E) Prevent encroachments within floodways unless the certification
and flood hazard reduction provisions of Article 18-4 are met.
(F) Obtain actual elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially improved
structures, in accordance with Article 18-3.2(G).
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(G) Obtain the actual elevation (in relation to mean sea level) to which 1
the new or substantially improved structures have been '
floodproofed, in accordance with Article 18-3.2(G).
(H) When floodproofing is utilized for a particular structure, obtain 1
certifications from a registered professional engineer or architect
in accordance with Article 18-4.2(B). '
(1) Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (for example, where '
there appears to be a conflict between a mapped boundary and
actual field conditions), make the necessary interpretation. The 1 person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in
this article.
Q) When base flood elevation data or floodway data has not been
1
provided in accordance with Article 18-2.2, obtain, review, and
reasonably utilize any base flood elevation data and floodway data
from
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available a Federal, State, or other source, including data
developed pursuant to Article 18-4.5(D), in order to administer the
provisions of this Ordinance.
'
(K) When the exact location of boundaries of the areas special flood
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hazards conflict with the current, natural topography information
at the site the property owner may apply and be approved for a
Letter of Map Amendment (LOMA) by FEMA. A copy of the Letter
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of Map Amendment issued from FEMA will be maintained by the
administrator in the permit file.
(L) Make on -site inspections of projects in accordance with Article
18-3.4.
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(M) Serve notices of violations, issue stop -work orders, revoke permits 1
and take corrective actions in accordance with Article 18-3.4.
(N) Maintain all records pertaining to the administration of this 1
Ordinance and make these records available for public inspection. 1
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18-3.4 Administrative Procedures.
(A) Inspections of Work in Progress. As the work pursuant to a permit
progresses, the administrator shall make as many inspections of the
work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and the terms of
the permit. In exercising this power, the administrator has a right,
upon presentation of proper credentials, to enter on any premises
within the territorial jurisdiction at any reasonable hour for the
purposes of inspection or other enforcement action.
(B) Stop -Work Orders. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this
Ordinance, the administrator may order the work to be
immediately stopped. The stop -work order shall be in writing and
directed to the person doing the work. The stop -work order shall
state the specific work to be stopped, the specific reasons for the
stoppage, and the conditions under which the work may be
resumed. Violation of a stop -work order constitutes a
misdemeanor.
(C) Revocation of Permits. The administrator may revoke and require the
return of the development permit by notifying the permit holder in
writing stating the reason for the revocation. Permits shall be
revoked for any substantial departure from the approved
application, plans, or specifications; for refusal or failure to comply
with the requirements of State or local laws; or for false statements
or misrepresentations made in securing the permit. Any permit
mistakenly issued in violation of an applicable State or local law
may also be revoked.
(D) Periodic Inspections. The administrator and each member of his
inspections department shall have a right, upon presentation of
proper credentials, to enter on any premises within the territorial
jurisdiction of the department at any reasonable hour for the
purposes of inspection or other enforcement action.
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(E) Violations to be Corrected. When the administrator finds violations
of applicable State and local laws, it shall be his duty to notify the
owner or occupant of the building of the violation. The owner or
occupant shall immediately remedy each of the violations of law in
the property he owns.
(F) Actions in Event of Failure to Take Corrective Action. If the owner of a
building or property shall fail to take prompt corrective action, the
administrator shall give him written notice, by certified or
registered mail to his last known address or by personal service:
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(1) That the building or property is in violation of the Flood '
Damage Prevention Ordinance;
(2) That a hearing will be held before the administrator at a
designated place and time, not later than 10 days after the
date of the notice, at which time the owner shall be entitled
to be heard in person or by counsel and to present
arguments and evidence pertaining to the matter; and,
(3) That following the hearing, the administrator may issue
such order to alter, vacate, or demolish the building; or to
remove fill as appears appropriate.
(G) Order to Take Corrective Action. If, upon a hearing held pursuant to
the notice prescribed above, the administrator shall find that the
building or development is in violation of the Flood Damage
Prevention Ordinance, he shall make an order in writing to the
owner, requiring the owner to remedy the violation within such
period, not less than 60 days, the administrator may prescribe;
provided that where the administrator finds that there is imminent
danger to life or other property, he may order that corrective action
be taken in such lesser period as may be feasible.
(H) Appeal. Any owner who has received an order to take corrective
action may appeal from the order to the local elected governing
body by giving notice of appeal in writing to the administrator and
the clerk within 10 days following issuance of the final order. In
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final. The local governing body shall hear an appeal within a
reasonable time and may affirm, modify and affirm, or revoke the
order.
'
(1) Failure to Comply with Order. If the owner of a building or property
'
fails to comply with an order to take corrective action from which
has been
no appeal taken, or fails to comply with an order of the
governing body following an appeal, he shall be guilty of a
misdemeanor and shall be punished in the discretion of the court.
' 18-3.5 Variance Procedures.
(A) The board ofadjustment as established byCityCouncil of theTown
of Morehead City, hereinafter referred to as the "appeal board",
shall hear and decide requests for variances from the requirements
' of this Ordinance.
(B) Any person aggrieved by the decision of the appeal board may
'
appeal such decision to the Court, as provided in Chapter 7A of the
North Carolina General Statutes.
(C) Variances may be issued for the repair or rehabilitation of historic
'
structures upon the determination that the proposed repair or
rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum
'
necessary to preserve the historic character and design of the
structure.
'
(D) In passing upon variances, the appeal board shall consider all
technical evaluations, all relevant factors, all standards specified in
other sections of this Ordinance, and:
'
(1) The danger that materials may be swept onto other lands to
the injury of others;
'
(2) The danger to life and property due to flooding or erosion
tdamage;
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(3) The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owner;
(4) The importance of the services provided by the proposed
facility to the community;
(5) The necessity to the facility of a waterfront location, where
applicable;
(6) The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(7) The compatibility of the proposed use with existing and
anticipated development;
(8) The relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
(9) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of
wave action, if applicable, expected at the site; and,
(11) The costs of providing governmental services during and
after flood conditions including maintenance and repair of
public utilities and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
(E) A written report addressing each of the above factors shall be
submitted with the application for a variance.
(F) Upon consideration of the factors listed above and the purposes of
this Ordinance, the appeal board may attach such conditions to the
granting of variances as it deems necessary to further the purposes
of this Ordinance.
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(G) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would
' result.
'
(H) Conditionsfor Variances.
(1) Variances may not be issued when the variance will make
'
the structure in violation of other Federal, State, or local
laws, regulations, or ordinances.
'
(2) Variances shall onlybe issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
'
(3) Variances shall only be issued upon (i) a showing of good
and sufficient cause; (ii) a determination that failure to grant
'
the variance would result in exceptional hardship; and, (iii)
a determination that the granting of a variance will not
'
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisance,
cause fraud on or victimization of the public, or conflict
'
with existing local laws or ordinances.
'
(4) Any applicant to whom a variance is granted shall be given
written notice specifying the difference between the base
flood elevation and the elevation to which the structure is
to be built and a written statement that the cost of flood
insurance will be commensurate with the increased risk
'
resulting from the reduced lowest floor elevation. Such
notification shall be maintained with a record of all variance
'
actions.
(5) The administrator shall maintain the records of all appeal
'
actions and report any variances to the Federal Emergency
Management Agency upon request.
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18-4 Provisions for Flood Hazard Reduction
18-4.1 General Standards. In all areas of special flood hazard the following
provisions are required:
(A) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the
structure;
(B) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage;
(C) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood
damages;
(D) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and/or
located so as to prevent water from entering or accumulating
within the components during conditions of flooding;
(E) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(F) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters;
(G) On -site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during
flooding; and,
(H) Any alteration, repair, reconstruction, or improvements to a
structure which is in compliance with the provisions of this
Ordinance, shall meet the requirements of "new construction" as
contained in this Ordinance.
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18-4.2 Specific Standards. Non -conforming buildings or uses may not be enlarged,
replaced, or rebuilt unless such enlargement or reconstruction is
'
accomplished in conformance with the provisions of this Ordinance.
Provided, however, nothing in this Ordinance shall prevent the repair,
'
reconstruction, or replacement of a building or structure existing on the
effective date of this Ordinance and located totally or partially within the
'
floodway or stream setback, provided that the bulk of the building or
structure below base flood elevation in the floodway or stream setback is
not increased and provided that such repair, reconstruction, or
replacement meets all of the other requirements of this Ordinance.
'
In all areas of special flood hazard where base flood elevation data has
been provided, as set forth in Article 18-2.2, or Article 18-3.30), except
areas designated as Coastal High Hazard Areas, the following provisions
'
are required:
' (A) Residential Construction. New construction or substantial
improvement of any residential structure (including manufactured
homes) shall have the lowest floor, including basement, elevated no
lower than one (1) foot above the base flood elevation.
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Should solid foundation perimeter walls be used to elevate a
structure, openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided.
(B) Non -Residential Construction. New construction or substantial
improvement of any commercial, industrial, or non-residential
structure shall have the lowest floor, including basement, elevated
no lower than one (1) foot above the level of the base flood
elevation. Structures located in A Zones may be floodproofed to
the flood protection level in lieu of elevation provided that all areas
of the structure below the required elevation are watertight with
walls substantially impermeable to the passage of water, using
structural components having the capability ofresisting hydrostatic
and hydrodynamic loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the standards of
this subsection are satisfied. Such certification shall be provided to
the official as set forth in Article 18-3.2(G).
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(C) Manufactured Homes.
(1) Manufactured homes that are placed or substantially
improved on sites (i) outside a manufactured home park or
subdivision; (ii) in a new manufactured home park or
subdivision; (iii) in an expansion to an existing
manufactured home park or subdivision; or, (iv) in an
existing manufactured home park or subdivision on which
a manufactured home has incurred "substantial damage" as
the result of a flood, must be elevated on a permanent
foundation such that the lowest floor of the manufactured
home is elevated no lower than one (1) foot above the base
flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse,
and lateral movement.
(2) Manufactured homes that are to be placed or substantially
improved on sites in an existing manufactured home park or
subdivision that are not subject to the provisions of Article
18-4.2(C)(1) of this Ordinance must be elevated on
reinforced piers or other structural elements so that the
lowest floor of the manufactured home is no lower than one
(1) foot above the base flood elevation and be securely
anchored to an adequately anchored foundation to resist
flotation, collapse, and lateral movement.
(3) Manufactured homes shall be anchored to prevent flotation,
collapse, or lateral movement. For the purpose of this
requirement, manufactured homes must be anchored to
resist flotation, collapse, or lateral movement in accordance
with the State of North Carolina Regulations for
Manufactured/Mobile Homes, 1995 Edition, and any revision
thereto adopted by the Commissioner of Insurance pursuant
to NCGS J 143-143.15. Additionally, when the elevation
would be met by an elevation of the chassis 36 inches or
less above the grade at the site, the chassis shall be
supported by reinforced piers or other foundation elements
of at least equivalent strength. When the elevation of the
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chassis is above 36 inches in height an engineering
certification is required.
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(4) An evacuation plan must be developed for evacuation of all
'
residents of all new, substantially improved or substantially
damaged manufactured home parks or subdivisions located
'
within flood prone areas. This plan shall be filed with and
by local
approved the administrator and the Emergency
Management coordinator.
'
(D) Recreational Vehicles. A recreational vehicle is ready for highway use
if it is on wheels or jacking system, is attached to the site only by
quick -disconnect type utilities and security devices, and has no
'
permanently attached additions. Recreation vehicles placed on sites
shall either:
'
(1) Be on site for fewer than 180 consecutive days and be fully
licensed and ready for highway use; or
'
(2) Meet the requirements of Article 18-3.2, Article 18-4.1, and
Article 18-4.2(G).
'
(E) Elevated Structures. New construction or substantial improvements
'
of elevated buildings that include fully enclosed areas that are
usable solely for the parking of vehicles, building access or storage
in an area other than a basement and which are subject to flooding
shall be designed to preclude finished living space and be designed
to automatically equalize hydrostatic flood forces on exterior walls
'
by allowing for the entry and exit of floodwaters.
(1) Designs for complying with this requirement must either be
certified by a professional engineer or architect or meet the
following minimum criteria:
'
(a) Provide a minimum of two openings having a total
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net area of not less than one square inch for every
square foot of enclosed area subject to flooding;
18-17

(b) The bottom of all required openings shall be no
higher than one foot above grade; and,
(c) Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided they
permit the automatic flow of floodwaters in both
directions.
(2) Access to the enclosed area shall be the minimum necessary
to allow for parking of vehicles (garage door) or limited
storage of maintenance equipment used in connection with
the premises (standard exterior door) or entry to the living
area (stairway or elevator).
(3) The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms, except to
enclose storage areas.
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(F) Temporary Structures. Prior to the issuance of development permit '
for a temporary structure the following requirements must be met:
(1) All applicants must submit to the administrator prior to the
issuance of the development permit a plan for the removal
of such structure(s) in the event of a hurricane or flash flood
warning notification. The plan must include the following
information:
(a) A specified time period for which the temporary use
will be permitted;
(b) The name, address and phone number of the
individual responsible for the removal of the
temporary structure;
(c) The time frame prior to the event at which a
structure will be removed (i.e. minimum of 72 hours
before landfall of a hurricane or immediately upon
flood warning notification);
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(d) A copy of the contract or other suitable instrument
with a trucking company to insure the availability of
removal equipment when needed; and
(e) Designation, accompanied by documentation, of a
location outside the floodplain to which the
temporary structure will be moved.
(2) The above information shall be submitted in writing to the
administrator for review and written approval.
(G) Accessory Structure. When accessory structures (sheds, detached
garages, etc.) with a value of $3,000 or less, are to be placed in the
floodplain the following criteria shall be met:
(1) Accessory structures shall not be used for human habitation
(including work, sleeping, living, cooking or restroom
areas);
(2) Accessory structures shall be designed to have low flood
damage potential;
(3) Accessory structures shall be constructed and placed on the
building site so as to offer the minimum resistance to the
flow of floodwaters;
(4) Accessory structures shall be firmly anchored in accordance
with Article 18-4.1(A);
(5) Service facilities such as electrical and heating equipment
shall be installed in accordance with Article 18-4.1(D);
(6) Openings to relieve hydrostatic pressure during a flood shall
be provided below base flood elevation in conformance
with Article 18-4.2(E).
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(H) floodways. Located within areas of special flood hazard established
in Article 18-2.2, are areas designated as floodways. The floodway
is an extremely hazardous area due to the velocity of flood waters
'
which carry debris and potential projectiles and has erosion
potential. The following provisions shall apply within such areas:
'
(1) No encroachments, including fill, new construction, '
substantial improvements and other developments shall be
permitted unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that the proposed
encroachment would not result in any increase in the flood '
levels during the occurrence of the base flood. Such
certification and technical data shall be presented to the
administrator. a
(2) If Article 184.2(H)(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable
flood hazard reduction provisions of Article 184.
(3) No manufactured homes shall be permitted, except in an
existing manufactured home park or subdivision. A
replacement manufactured home may be placed on a lot in
an existing manufactured home park or subdivision
provided the anchoring and the elevation standards of
Article 184.2(C) and the encroachment standards of Article
184.2(H)(1) are met.
18-4.3 Coastal High Hazard Areas (V-Zones). Located within the areas of special
flood hazard established in Article 18-2.2, are areas designated as coastal
high hazard areas. These areas have special flood hazards associated with
wave wash. The following provisions shall apply within such areas:
(A) All buildings or structures shall be located landward of the first line
of stable natural vegetation or mean high water mark and comply
with all applicable CAMA setback requirements.
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(B)
All buildings or structures shall be elevated so that the bottom of
the lowest supporting horizontal member (excluding pilings or
'
columns) is located no lower than one (1) foot above the base
flood elevation level, with all space below the lowest supporting
member open so as not to impede the flow of water. Open lattice
work or decorative screening may be permitted for aesthetic
'
purposes only and must be designed to wash away in the event of
abnormal wave action in Article 18-4.3(H).
and accordance with
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(C)
All buildings or structures shall be securely anchored on pilings or
columns.
(D)
All pilings and columns and the attached structures shall be
anchored to resist flotation, collapse, and lateral movement due to
the effect of wind and water loads acting simultaneously on all
building components.
(E)
A registered professional engineer or architect shall certify that the
design, specifications and plans for construction are in compliance
in
with the provisions contained Article 18-4.3(D), (F), and (H) of
this Ordinance.
(F)
There shall be no fill used as structural support. Non -compacted fill
may be used around the perimeter of a building for landscaping/
aesthetic purposes provided the fill will wash out from storm surge,
thereby rendering the building free of obstruction prior to
generating excessive loading forces, ramping effects, or wave
deflection. The local administrator shall approve design plans for
landscaping/ aesthetic fill only after the applicant has provided an
analysis by an engineer, architect, and/or soil scientist which
demonstrates that the following factors have been fully considered:
(1) Particle composition of fill material does not have a
rtendency
for excessive natural compaction;
I (2) Volume and distribution of fill will not cause wave
deflection to adjacent properties; and,
' 18-21

(3) Slope of fill will not cause wave run-up or ramping.
(G) There shall be no alteration of sand dunes or mangrove stands
which would increase potential flood damage.
(H) Lattice work or decorative screening shall be allowed below the
base flood elevation provided they are not part of the structural
support of the building and are designed so as to breakaway, under
abnormally high tides or wave action, without damage to the
structural integrityof the building on which they are to be used and
provided the following design specifications are met:
(1) No solid walls shall be allowed.
(2) Material shall consist of wood or mesh screening only.
(3) Design safe loading resistance of each wall shall be not less
than 10 nor more than 20 pounds per square foot; or
(4) If more than 20 pounds per square foot, a registered
professional engineer or architect shall certify that the
design wall collapse would result from a water load less
than that which would occur during the base flood event,
and the elevated portion of the building and supporting
foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects
of wind and water loads acting simultaneously on all
building components (structural and non-structural). The
water loading values used shall be those associated with the
base flood. The wind loading values used shall be those
required by the North Carolina State Building Code.
(1) If aesthetic lattice work or screening is utilized, such enclosed
space shall not be designed to be used for human habitation, but
shall be designed to be used only for parking of vehicles, building
access, or limited storage of maintenance equipment used in
connection with the premises.
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Q) Prior to construction, plans for any structures that will have lattice
work or decorative screening must be submitted to the local
administrator for approval.
(K) Any alteration, repair, reconstruction or improvement to a structure
shall not enclose the space below the lowest floor except with
lattice work or decorative screening, as provided for in Article 18-
4.3(H) and (1).
(L) No manufactured homes shall be permitted except in an existing
manufactured home park or subdivision. A replacement
manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring
and elevation standards of Article 18-4.2(C).
(M) Recreational vehicles shall be permitted in Coastal High Hazard
Areas provided that they meet the Recreational Vehicle criteria of
Article 18-4.2(D) and the Temporary Structure provisions of Article
18-4.2(F).
184.4 Standards for Streams Without Established Base Flood Elevations and/or
Floodways. Located within the areas of special flood hazard established in
Article 18-2.2 are small streams where no base flood data has been
provided or where no floodways have been identified. The following
provisions apply within such areas:
(A) No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within a
distance of twenty feet each side from top of bank or five times the
width of the stream whichever is greater, unless certification with
supporting technical data by a registered professional engineer is
provided demonstrating that such encroachments shall not result
in any increase in flood levels during the occurrence of the base
flood discharge.
(B) If Article 18-4.3(A) is satisfied and base flood elevation data is
available from other sources, all new construction and substantial
improvements within such areas shall comply with all applicable
1
18-23

I
flood hazard ordinance provisions of Article 18-4 and shall be
elevated or floodproofed in accordance with elevations established
in accordance with Article 18-3.3Q). When base flood elevation
data is not available from a Federal, State, or other source, the
lowest floor, including basement, shall be elevated at least two (2)
feet above the highest adjacent grade.
18-4.5 Standards for Subdivision Proposals and Major Developments.
I
(A) Proposals for subdivisions and major developments shall be '
consistent with the need to minimize flood damage;
(B) Proposals for subdivisions and major developments shall have
public utilities and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage;
(C) Proposals for subdivisions and major developments shall have
adequate drainage provided to reduce exposure to flood hazards;
and,
(D) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than
the lesser of fifty lots or five acres.
18-4.6 Standards for Areas of Shallow Flooding (AO Zones). Located within the areas
of special flood hazard established in Article 18-2.2 are areas designated
as shallow flooding. These areas have special flood hazards associated
with base flood depths of one (1) to three (3) feet where a clearly defined
channel does not exist and where the path of flooding is unpredictable and
indeterminate. The following provisions shall apply within such areas:
(A) All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated
to the depth number specified on the Flood Insurance Rate Map; in
feet, above the highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, shall be elevated at
least two (2) feet above the highest adjacent grade.
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' (B) All new construction and substantial improvements of non-
residential structures shall:
(1) Have the lowest floor, including basement, elevated to the
' depth number specified on the Flood Insurance Rate Map,
in feet, above the highest adjacent grade. If no depth
t number is specified, the lowest floor, including basement,
shall be elevated at least two (2) feet above the highest
adjacent grade; or,
t(2) Be completely floodproofed together with attendant utility
t and sanitary facilities to or above that level so that any
space below that level is watertight with walls substantially
impermeable to the passage of water and with structural
' components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
' 18-5 Legal Status Provisions
' 18-5.1 Effect on Rights and Liabilities Under the Existing Flood Damage Prevention
Ordinance. This Ordinance in part comes forward by re-enactment of some
tof the provisions of the flood damage prevention ordinance enacted
November 10, 1977, as amended, and it is not the intention to repeal but
rather to re-enact and continue to enforce without interruption of such
existing provisions, so that all rights and liabilities that have accrued
thereunder are reserved and may be enforced. The enactment of this
' Ordinance shall not affect any action, suit or proceeding instituted or
pending. All provisions of the flood damage prevention ordinance of the
' Town of Morehead City enacted on November 10, 1977, as amended,
which are not reenacted herein are repealed.
' 18-5.2 Effect Upon Outstanding Building Permits. Nothing herein contained shall
require any change in the plans, construction, size or designated use ofany
' building, structure or part thereof for which a building permit has been
granted by the Chief Building Inspector or his authorized agents before the
time of passage of this Ordinance; provided, however, that when
construction is not begun under such outstanding permit within a period
' 18-25

18-5.3
of sixty (60) days subsequent to passage of this Ordinance, construction or
use shall be in conformity with the provisions of this Ordinance.
Effective Date. This Ordinance shall become effective upon adoption.
18-26

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ARTICLE 19. SIGNS
19.1 Purpose
The purpose of this section is to provide the efficient transfer of general public and
' commercial identification or information by improving the effectiveness of signs; to maintain and
enhance the aesthetic environment and the community's ability to attract sources of economic
development and growth; to eliminate physical and visual clutter; to improve pedestrian and
' traffic safety; to minimize the possible adverse effects of signs on nearby public and private
property: and to enable the fair and consistent enforcement of these sign regulations.
' 19-2 Illegal Signs
' Any existing sign that does not have a permit issued by the Town of Morehead City or
other local government is hereby deemed to be an illegal sign and such sign and the person or
' persons responsible for such sign shall be subject to the terms of Article 19-7.
19-3 Legal Signs
Any sign not an illegal sign. Any proposed alternation to or relocation of such sign shall
' require a new permit pursuant to this Section, unless the proposed alteration is specifically
exempted.
Except as may hereinafter specifically be permitted, it shall be unlawful after April 11,
2000, for any person to erect, place, maintain, permit, or use within the town's planning
jurisdiction, when visible from any public way, any of the following signs:
' 19-3.1 Off -premise signs, except special event signs, directional signs, and
outdoor advertising signs as described elsewhere in this Section except as
' specifically permitted to be erected, placed, or used by the provisions of
this Section.
'
19-3.2 Roof signs or signs where any portion of the sign extends above the roof
of the building upon which the sign is located, except wall signs unless
specifically permitted to be erected, placed, or used by the provisions of
this Section.
'
19-1

19-3.3 Any sign which emits a sound, odor, or visible matter such as smoke or
vapor.
19-3.4 Any sign or sign structure that obstructs the view of, or may be confused
with, a traffic directional/safety sign.
19-3.5 Any sign other than a traffic directional/safety sign or governmental sign in
or over any street right-of-way unless otherwise approved by the
Department ofTransportation, unless otherwise allowed in this Ordinance.
19-3.6 Any sign painted on or attached to trees, other natural features, utility
poles, light poles, or any other manmade object the principal purpose of
which is not intended to support a sign.
19-3.7 Any sign located on any land subject to periodic inundation by tidal
saltwater, except public signs.
19-3.8 Dilapidated signs.
19-3.9 Any sign that exhibits statements, words, or pictures of an obscene,
defamatory, inflammatory, or pornographic nature.
19-3.10 Portable signs.
19-3.11 Any sign displayed or erected for which a permit has not been issued or
denied.
19-3.12 Banners or pennants except as specifically permitted to be erected, placed,
or used.
19-3.13 Any sign which requires a permit and does not meet the requirements of
this Section.
19-3.14 Anysign which obstructs the site distance at intersections of rights -of -way.
19-3.15 Hand carried commercial signs.
19-2

' 19-4 Sign Design Guidelines and Maintenance
'
19-4.1 Signs shall be constructed of permanent materials and permanently affixed
to the ground or building except for the following signs:
(A) Temporary signs meeting requirements of Article 19-8;
'
(B) Signs advertising premises for sale, lease, or rent as per Article
19-8;
'
(C) Signs providing information on construction taking place on the
'
premises as per Article 19-8;
(D) Window signs;
(E) Yard sale signs, political, and election signs.
19-4.2 All signs shall comply with the applicable provisions of the North Carolina
'
Building Code and the National Electrical Code.
19-4.3 Whenever a sign becomes structurally unsafe or endangers the safetyofthe
public or a building, the Land Use Administrator shall order that such sign
be made safe or be removed. Following receipt of said order, the person,
firm, or corporation owning or leasing the sign shall be allowed a period
of ten (10) days to comply.
1 19-5 Sign Illumination
' 19-5.1 Signs may be illuminated from within or from an external source, but such
illumination shall be in a manner that avoids glare or reflection that in any
' way interferes with traffic safety.
19-5.2 Internally illuminated signs in residential and office zoning districts shall
' be required to have an opaque background and translucent copy.
19-5.3 Signs may not be illuminated by a string or series or line of lights placed
around the sign.
' 19-3

19-5.4 Signs within 200 feet of a residential zoning district shall be internally
1
illuminated signs that allow only the sign characters and logos to emit
light, except that signs located in a CD or CMD district within 100 feet of
'
a residential zoning district shall be internally illuminated signs that allow
only the sign characters and logos to emit light. For the purposes of this
subsection, property on the other side of a public right-of-way other than
a controlled access highway shall be considered adjacent property.
'
19-5.5 Signs in residential districts shall not be illuminated, unless otherwise
permitted.
1
19-5.6 No occulting, oscillating, flashing, rotating, flickering, or blinking of signs
,
shall be permitted except electronic message board/digital marquee signs
as described in Article 19-6, or unless otherwise permitted.
19-5.7 Temporary signs shall not be illuminated.
19-6 Changeable Copy of Signs and Electronic Message Boards/Digital Marquee Signs
Changeable copy is allowed on signs in nonresidential districts, for nonresidential uses in
Planned Developments and for places of worship and institutional uses in any district subject to
the following:
19-6.1 No more than one sign per street front of any premises shall contain
changeable copy.
19-6.2 Electronic message boards/digital marquee signs shall be limited to text
displays and be subject to the following requirements:
(A) Electronic message boards/digital marquee signs may scroll.
(B) Electronic message boards/digital marquee signs may display text
with either occulting lights of fixed lighting.
(C) No oscillating, flashing, rotating, flickering, or blinking lights shall
be permitted.
194

19-7
' 19.8
19-6.3 Changeable copy and electronic message/digital marquee signs may be
used as wall signs subject to the requirements of Article 19-12.
Nonconforming, Obsolete, and Illegal Signs
19-7.1 Signs that were lawful at the time of their construction but are not in
conformance with current requirements may be maintained as
nonconforming signs.
19-7.2 Signs that were not lawful at the time of their construction shall be
removed or shall be made conforming. This includes, but is not limited to,
signs which did not receive a permit under the requirements referenced in
this Ordinance.
19-7.3 Nonconforming obsolete signs must be removed. Both the owner of the
property on which the sign is located and the owner of the sign, if
different, are separately responsible for the removal.
19-7.4 Except for ordinary maintenance, copy changes, or repair not involving
structural, material, or electrical changes, no billboard/off-premise or
freestanding on -premise sign, or part thereof, shall be erected, altered,
constructed, changed, converted, re -erected, additionally illuminated,
enlarged, or moved unless the entire billboard/off-premise or freestanding
on -premise sign and structure are brought into conformity with this
Ordinance.
Temporary Signs and Banners
19-8.1 General guidelines for temporary signs.
(A) All signs shall be erected in a safe manner.
(B) The maximum height of a freestanding temporary sign shall be
seven (7) feet. All freestanding temporary signs exceeding sixteen
(16) square feet shall be erected on a minimum ten (10) foot long
salt treated 4 x 4 with a minimum of three (3) feet below ground
level.
19-5

(C) Inflatable displays shall be allowed subject to the following ,
conditions:
(1) May be displaced for a maximum of five (5) consecutive days
in a thirty (30) day period.
(2) Tethers of floating inflatables shall be limited fifty (50) feet
in height. The tether shall be set back from the property
one (1) foot for every one (1) foot in height.
19-8.2 Temporary business signs and banners. These signs shall be permitted in all
zoning districts. Businesses that have submitted a complete application for
a permanent sign in accordance with this Section may be issued a minimum
charge permit for a temporary sign to identify the business. Such
temporary business signs shall conform to the following:
(A) Such sign or banner shall conform to the regulations applicable to
the permanent sign;
(B) Copy shall consist of only the name of the business; and
(C) Temporary business signs and banners must be removed upon
installation of the permanent identification sign or within 45 days
from the date of its permit.
19-8.3 Tax-exempt organization temporary and special event signs and banners. These
signs shall be permitted in all zoning districts. Tax-exempt organizations
conducting a fund-raising event within the planning jurisdiction of the
town may be issued a no charge permit for a temporary sign to identify the
event. Such tax-exempt organization temporary signs shall conform to the
following:
(A) Only one sign per premises with no more than two sign faces.
(B) Any single sign face shall not exceed 16 square feet.

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19-8.4
(C) The tax-exempt organization temporary sign is to be displayed only
for one week prior to the event and for the duration of the event.
Immediately following the event, the sign shall be removed.
(D) Tax-exempt organization temporary signs shall not be illuminated.
(E) Tax-exempt signs and banners maybe located off -site provided that
no portion of the sign is located within the right-of-way or
easement.
(F) Special event signs and banners. These signs shall be permitted in all
zoning districts. Special event signs may announce only events that
are sponsored by a nonprofit or public entity. Signs advertising the
event shall be posted no more than 30 days prior to the event and
shall be removed upon termination of the event. Signs may be
posted by sponsoring businesses and shall not exceed sixteen (16)
square feet. Special event signs shall not be located within the
public right-of-way.
Real estate, construction, and financial institution signs. These signs may be
displayed in all zoning districts.
(A) Sign standards in residential districts.
(1) No sign shall exceed six (6) square feet unless otherwise
specified.
(2) No sign shall be located on any public right-of-way.
(3) Signs shall be limited to one sign per street frontage and
may not be located off site of the property being advertised
for sale.
(4) Such sign shall be removed within thirty (30) days of
completion of the sale or construction.
(3) For a new subdivision, one real estate, construction, or
financial institution sign may be allowed not to exceed
sixteen (16) square feet and shall be permitted in addition
1J
19-7

to signs on individual lots. No signs shall be erected until
such time as the subdivision has received final plat approval.
(6) Signs not to exceed sixteen (16) square feet shall be
permitted for conforming non-residential uses.
(7) Construction and financial institution signs may not be
erected prior to issuance of a building permit for the project
and must be removed at project completion. In no case
shall such sign be allowed for more than 12 months.
(8) Real estate directional signs advertising "open house" may
be placed off -premise at intersections the day of the "open
house" only.
(B) Sign standards in all other districts.
(1) No sign shall exceed sixteen (16) square feet per sign face.
(2) No sign shall be located on any public right-of-way.
(3) Signs shall be limited to one sign per 250 linear feet of road
frontage and may not be located off site of the property
being advertised for sale.
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(4) Such sign shall be removed within thirty (30) days of
completion of the sale or construction. '
(5) Construction and financial institution signs may not be
erected prior to issuance of a building permit for the project
and must be removed at project completion. In no case
shall such sign be allowed for more than 12 months.
19-8.5 Political campaign signs. These signs shall be allowed in all zoning districts
and shall not exceed sixteen (16) square feet. Such signs may be posted on
private property and shall be removed within seven (7) days following the
election. Political campaign signs shall not be allowed in any public right-
of-way.
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19-9 General Guidelines for Freestanding Signs
19-9.1 The area and quantity of any freestanding sign for which a permit is
required shall conform with the following requirements. The total number
of signs for any individual development shall not exceed the total number
shown in the table below:
Max.
Number of Signs
Faces Per
Max. Area Per Face
Type of Development
Permitted
Sign
Residential 500+ units
1 per entrance
2
120 SF
Residential 300-500
1 per entrance
2
80 SF
units
Residential up to 300
1 per entrance
2
40 SF
units
Nonresidential
1 per street front
2
154 SF plus 8 SF per
250,000+ SF of
rentable unit up to a
Building Area
maximum of 96 SF
Nonresidential 100,000
1 per street front
2
120 SF plus 8 SF per
to 250,000 SF of
rentable unit up to a
Building Area
maximum of 64 SF
Nonresidential 40,000
1 per street front
2
80 SF plus 8 SF per
to 100,000 SF of
rentable unit up to a
Building Area
maximum of 40 SF
Nonresidential 2.500
1 per street front
2
80 SF plus 8 SF per
to 40,000 SF of
rentable unit up to a
Building Area
maximum of 32 SF
Nonresidential up to
1 sign maximum
2
64 SF
2,500 SF of Building
Area
Billboard/Off-premise
1 sign per 500 LF
2
96 SF
shall only be
permitted on
Highway 24 (west of
its intersection with
Highway 70) and
Highway 70
corridors
19-9.2 The maximum height of a freestanding sign shall not exceed 20 feet or the
height of the closest roof line of the nearest building,
whichever is less.
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19-9

19-9.3 The maximum depth of any freestanding sign shall not exceed 25 percent
of the width.
19-9.4 The area of a sign support for any freestanding sign is limited to the same
number of square feet as the sign face that it supports.
19-9.5 Freestanding on -premise signs fronting on a street right-of-way shall be
required to be set back at least ten (10) feet from any property line.
Billboard/off-premise signs shall be required to be set back at least twenty-
five (25) feet from the front property line.
19-9.6 In lieu of a freestanding sign, a development may use signs on entrance
structures such as fences or walls. The sign shall be confined to the
entrance area. The distance between sign faces shall not exceed 100linear
feet. Such signs are subject to the size limitations of this Section.
19.9.7 All freestanding signs shall be located to preserve the site distance at all
curb cuts and shall be located a minimum of 50 feet from any property line
or public right-of-way line at road intersections.
19-9.8 The area surrounding the base of all freestanding signs shall be maintained
free of unsightly debris.
19-9.9 All freestanding signs shall be permitted a maximum of two background
colors.
19.10 Signs Permitted in All Districts
19-10.1 Any federal, state, or local traffic control or other public sign.
19-10.2 Anypublicnotice or warning required byvalid and applicable federal, state,
or local law, regulation, or ordinance.
19-10.3 Temporary lighting and displays that are part of customary holiday
decorations, providing they contain no commercial message and are
located on private property and not in the public right-of-way.
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19-10
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19-10.4 Customary identification signs such as building numbers, addresses, private
parking signs, no trespassing signs, or beware of animal signs.
19-11 Signs in Residential Districts
' 19-11.1 Signs in residential districts shall not be illuminated unless otherwise
' stated.
19-11.2 No on -premise freestanding sign shall be permitted in residential districts
tunless otherwise stated.
19-11.3 Home occupations, child day care (home) and adult day care (family) uses
shall be permitted to have one sign not exceeding four (4) feet in height
and not exceeding two (2) square feet in sign area. Such sign may be
freestanding.
19-11.4 Nonresidential uses allowed as permitted or special uses in residential
districts shall be permitted to have one on -premise sign for each street
' front not exceeding six (6) feet in height and not exceeding twenty (20)
square feet in sign area (except for home occupations, child day care
(home) and adult day care (family) uses). Such sign may be freestanding
and illuminated and must include the address of the property.
' 19-11.5 Subdivision, planned development, and multi -family identification signs
may be placed at each entrance to the development. No commercial
messages shall be placed on the sign. Such signs shall conform to the
requirements of Article 19-9.
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19-12 Signs in Districts Other Than Residential Districts
19-12.1 On -premise.
(A) All on -premise signs shall require a permit, unless otherwise stated.
(B) On -premise signs may be illuminated in accordance with Article
19-5.
19-11

(C) Freestanding on -premise signs shall be permitted in accordance
with Article 19-9.
(D) On -premise wall signs shall be permitted provided that the total
area of the wall sign shall not occupy more than twenty-five percent
(25%) of the wall upon which it is placed. The maximum wall sign
area permitted is 120 square feet.
(E) On -premise directional signs shall be permitted at a rate of two per
entrance to the property, not to exceed six (6) square feet per sign ,
face.
(F) One on -premise freestanding sign shall be permitted per street
front for all nonresidentially developed parcels of land unless
otherwise stated.
(G) Menu boards and building directory signs shall be permitted and
shall not be visible from the street right-of-way. Menu boards and
directional signs shall not exceed 35 square feet per sign.
I
(H) Suspended, awning, and projecting signs shall be permitted in the
CD and CMD districts subject to the following requirements: '
(1) No sign shall be closer than 2 feet, measured in horizontal '
distance, to the curb line of any street.
(2) The sign shall allow a nine (9) foot clearance to the walking
'
surface.
(3) No sign shall exceed twelve (12) square feet per sign face.
(4) Only one sign shall be allowed per establishment.
'
(1) All on -premise freestanding signs shall contain the address of the
,
premises.
,
U) Awning signs outside the CD and CMD districts shall be permitted,
subject to the following:
'
19-12

19-12.2
(1) Awning signs shall not extend into a required front yard
more than twenty-four (24) inches.
(2) Only one awning sign shall be permitted per establishment.
(K) Temporary signs shall be permitted in accordance with Article 19-8.
(L) Interior parking lot signage (i.e., signs on parking lot light poles)
shall be permitted subject to the following:
(1) No sign shall be visible from any public right-of-way.
(2) The maximum height shall be limited to eight (8) feet.
(3) The maximum size shall be six (6) square feet.
(4) No sign shall be within 75 feet of any other interior parking
lot sign.
0 ff--premise/billboard.
(A) All off-premise/billboard signs shall require a permit.
(B) Off-premise/billboard signs may be illuminated in accordance with
Article 19-5.
(C) Off-premise/billboard signs may be permitted in accordance with
Article 19-9.
(D) Off-premise/billboard wall signs shall not be permitted.
(E) The bottom edge of an off-premise/billboard freestanding sign shall
not be less than ten (10) feet in height from the average right-of-
way grade elevation at the base of the sign.
(F) Off-premise/billboard signs shall be set back a minimum of 25 feet
from the front property line.
19-13

(G) Off-premise/billboard signs shall not be closer than 100 feet to any ,
residentially zoned property.
(H) The minimum distance between off-premise/bilI board signs shall be
500 feet radius.
(1) Off-premise/billboard signs shall only be permitted along Highway
24 (west of its intersection of Highway 70) and Highway 70 in
zoning districts that allow such signs (CH, IU, and IP).
Q) Nonprofit organizations, i.e., churches, clubs, etc., with permanent
locations within the planning jurisdiction, may locate directional
signs subject to the following requirements:
(1) The sign shall not exceed 24 inches by 30 inches in size.
(2) The maximum height shall not exceed eight (8) feet.
(3) The sign shall be located on private property and not within
the public right-of-way.
(4) No commercial advertising such as logos, etc., shall be
permitted.
(5) In districts where there are not setback requirements
nonprofit organizations signs shall be a minimum often feet
from all right-of-way lines or property lines and fifty (50)
feet from the intersections of rights -of -way.
(G) The minimum distance between non-profit directional signs
shall be 500 feet.
(7) These signs shall only be permitted along Highway 24 (west
of its intersection with Highway 70) and Highway 70.
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19.14

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19-12.3 Vending machines, automatic tellers, and newspaper boxes which display
the name, trademark, or logo of the company or brand or prices shall be
allowed provided the display is an integral part of the machine or stand
and does not exceed thirty-two (32) square feet.
19-13 Convenience Stores/Gasoline Filling Stations
19-13.1 Petroleum product pumps and dispensers that are within view of right-of-
way shall be permitted to display signage.
19-13.2 Premises from which retail petroleum products are dispensed by pump
shall be permitted one additional freestanding sign with a maximum of 48
square feet announcing the price per gallon of the products. In lieu of the
one additional sign permitted above, the price per gallon may be displayed
by increasing the area of the on -premise, freestanding sign by 48 square
feet.
19-13.3 Canopy signs shall be limited to logo signs and the signs shall not exceed
thirty (30) square feet per canopy side. The maximum vertical edge of the
canopy shall not exceed 48 inches in height and the canopy sign shall not
extend beyond the vertical edge of the canopy to which it is attached.
19-14 Flags
Non -governmental flags (flags not representing a governmental entity) are deemed to be
signs and shall be subject to the provisions of Article 19.
19-15 Appeal
All administrative interpretations of this Section and other provisions of the sign
regulations may be appealed to the Board of Adjustment. Where necessary, the Board may
consider not only the current or intended uses of a sign but also its past use. It shall be the
obligation ofthe sign ownerto furnish records concerning the past use, if requested bythe Board.
19-15

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ARTICLE 20. OFF-STREET PARKING AND SERVICE REQUIREMENTS
20.1 General Provisions
20-1.1 Scope of provisions. Except as provided in this section, no application for a
buildingtzoning permit shall be approved unless there is included with the
plan for such building, improvement, or use a plot plan showing the
required space reserved for off-street parking and service purposes. An
occupancy permit shall not be issued unless the required off-street parking
and service facilities have been provided in accordance with those shown
on the approved plan.
20-1.2 Off-streetparkingrequired. Off-street automobile parking or storage shall be
provided for every establishment and every dwelling on every lot as
required herein.
All zoning districts shall conform to the requirements of this section with
the exception that no off-street parking will be required on lots fronting
Arendell Street, including wedge lots abutting said lots, between 7' and
101" Streets as provided in the off-street parking ordinance of Morehead
City.
20-1.3 Combined lots permissible. The required parking space for any number of
separate establishments may be combined in one lot, but the required
spaces assigned to one establishment may not be assigned to another
establishment at the same time or any other time, except that one-half of
the parking spaces required for establishments such as churches, theaters,
or assembly halls whose peak attendance will be at night or on Sundays
may be assigned to an establishment which will be closed at nights or on
Sundays.
(A) If the required automobile parking spaces cannot reasonably be
provided on the same lot on which the principal use is conducted,
the Administrator may permit such spaces to be provided on other
off-street property, provided such space lies within four hundred
(400) feet of the main entrance of such principal use and is in the
same or a less restrictive zone.
20-1

(B) When off-street parking is provided on a lot other than the lot on
which the principal use is situated, the buildingizoning permit
application for the principal use shall include a signed instrument
duly executed and acknowledges lot, parcel, or tract of land that
will be used in connection with the principal use. The applicant
shall deposit the necessary fee and, upon the issuance of a building
permit, the Land Use Administrator shall cause said instrument to
be registered in the office of the register of deeds.
(C) Extension of parking spaces into a residential district. Required
customer and employee parking spaces may extend up to one
hundred twenty (120) feet in a residential zoning district, provide
that:
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(1) The parking space adjoins a commercial, office/professional, ,
or industrial district;
(2) Has its only access to the property from upon the same
street or alley as the property in the commercial,
office/professional, or industrial district for which it
provides the required parking space and has no access from
any point within the residential zone; and,
(3) Is separated from abutting properties or streets in the
residential district by a planted buffer strip as described in
Article 15-1.
(4) No structure shall be constructed.
20-1.4 Exceptions and modifications. Whenever a building not having off-street
parking facilities in an amount herein specified is increased in floor area by
fifty (50) percent or less, parking spaces shall be provided to meet the new
requirements hereof as though the addition were a new building. If the
floor area is increased more than fifty (50) percent, parking spaces shall be
provided and maintained for the building and any addition thereto. If a
building is modified and its parking lot contains 10' by 20' parking spaces,
the parking spaces may be reconfigured in accordance with Article 20-2.
In the event of building destruction and rebuilding, parking spaces must be
provided in accordance with Article 20-3 of this Ordinance.
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20-2 Plan and Design Standards
20-2.1 Required area for each parking space. Each automobile parking space shall
contain not less than one hundred sixty-two (162) square feet plus
adequate maneuvering space and shall be not less than nine (9) feet in
width and not less than eighteen (18) feet in length.
20-2.2 Drainage, construction, and maintenance. All off-street parking, loading, and
service areas shall be drained so as to prevent damage to abutting
properties and/or public streets. All such areas shall be at times
maintained at the expense of the owners thereof in a clean and serviceable
condition.
20-2.3 Separation from walkways, sidewalks, and streets. All off-street parking,
loading, and service areas shall be separated from walkways, sidewalks,
and streets by curbing or other suitable protective device to prevent
vehicles from hanging over these use areas.
20-2.4 Design standards forparkingareas. All parking facilities shall conform to the
design standards listed in Appendix IV.
20-2.5 Whenever possible, joined parking lots shall be provided, at the discretion
of the Administrator.
20.3 Minimum Number of Off -Street Parking Spaces Required
For any use or class of uses not specifically mentioned in this section, the requirements
for off-street parking and loading facilities for a similar use or class of uses specifically mentioned
shall apply. For the purposes of this section, the number of employees shall be computed based
on the basis of the largest number of persons to be employed on the largest shift.
20-3.1 Residential and related uses.
' (A) Apartment/multifamily dwelling. Two (2) spaces per unit; plus one (1)
space for every six (6) units for overflow; plus 300 square feet of
' fenced area for every three (3) units which shall be designated as
boat, RV, and trailer storage area.
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20-3.2
(B) Single-family residence. Two (2) spaces. ,
(C) Boarding house. One (1) space for each two (2) rooms rented. '
(D)
Home occupation. Two (2) spaces in addition to residence
requirement.
'
(E)
Family care home. One (1) space for each two (2) beds plus one (1)
'
space for each two (2) employees plus one (1) space per staff
doctor.
'
(F)
Dormitories. One (1) space for each three (3) residents.
'
(G)
Mobile home park. Two (2) spaces for each mobile home stall.
'
(H)
Two-family dwelling. Two (2) spaces per unit.
'
(1)
Business residence. Two (2) spaces for the residential use plus
parking to meet the minimum requirements of the particular
business.
'
Public and semi-public uses. '
(A) Hospital. One (1) space for each two (2) beds intended for patient '
use, plus one (1) space for each staff or visiting doctor, two (2)
spaces for each three (3) employees.
(B) Clinic. Four (4) spaces for each doctor plus one (1) space for each '
employee.
(C) Nursing home. One (1) space for each five (5) beds intended for '
patient use; plus one (1) space for each three (3) employees.
(D) Assisted living facilities. Must provide parking at a rate of 25% in '
addition to the nursing home requirements above.
(E) Churches. One (1) space for each six (6) seats in the sanctuary. '
20-4

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(F)
Elementary and junior high school. One (1) space for each classroom
and administrative employee plus five (5) visitor spaces.
'
(G)
Senior high school. One (1) space for each ten (10) students, plus one
'
(1) space for each classroom and administrative office employee.
(H)
Institution ofhigher learning. One (1) space for every600 square feet
for
of academic space plus one (1) space every four (4) seats in the
principal assembly room, plus one (1) space for each employee.
'
(1)
Stadium. One (1) space for each four (4) seats.
Q)
Auditorium/Theater. One (1) space for each four (4) seats in the
largest assembly room.
'
(1)
Public/private clubs. One (1) space for each 200 square feet of gross
'
floor area or one (1) space for every six (6) members, whichever is
greater.
'
(L)
Public utility building(use and governmental building. One (1) space for
each employee.
(M)
Daycare center, child or adult. One (1) space for each employee plus
four (4) spaces for drive-in, off-street drop-off, and pickup.
(N)
Library, museum, and art gallery. One (1) space for each three (3)
'
seats for patron use.
' (0) Emergency shelter mission. One (1) space for each
employee/volunteer on the largest shift plus 10% of the seating
capacity.
(P) Bus station, terminal. One (1) space for each 100 square feet of
' nonstorage floor area. Space will also be provided for off-street
loading and unloading of all commercial buses. This loading and
' unloading space shall have minimum dimensions of 12 feet by 60
feet and an overhead clearance of 15 feet in height above the alley
or street grade.
' 20-5

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20-3.3 Business uses.
(A) Tourist home, hotel, motel, bed and breakfast, motor inn. One(I)space
for each room to be rented plus one (1) additional space for every
two (2) employees.
(B) Office other than medical. One (1) space for each 200 square feet of
gross floor area.
(C) Medical office. One (1) space for each 300 square feet of gross floor
area plus three spaces for each doctor.
(D) Financial Institution. One (1) space for each 200 square feet of gross
floor area plus one (1) space for each two (2) employees.
(E) Automobile service station or repair garage. Three (3) spaces for each
grease or wash rack and one (1) space for each two (2) employees,
but no fewer than five (5) spaces (these spaces are required
exclusive of vehicle service areas).
(F) Funeral home. One (1) space for each four (4) seats in the assembly
room or chapel plus five (5) spaces for funeral vehicles plus one (1)
space for each two (2) employees.
(G) Retail uses. One (1) space for each 200 square feet of gross floor
area.
(H) Shopping centers. Five (5) spaces for each 1,000 square feet of gross
leasable retail floor area.
(1) Recreation use, for profit. One (1) space per 200 square feet of gross
floor area, plus three (3) spaces per tennis/racquetball court, plus
four (4) spaces per basketball court, plus one (1) space per 100
square feet pool and deck area.
Q) Restaurants. One (1) space for each four (4) seats or one (1) space
for each 100 square feet of gross floor area, whichever is less.
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' (I) Restaurants, drive-in. One (1) space for each four (4) seats or one (1)
space for each 100 square feet of gross floor area, whichever is less,
plus a minimum of 15 spaces for drive-in service.
(L) Marina and/or boat storage. Parking spaces equal to 60% of the
number of boats for which facilities for dry storage are available
plus one (1) space for each two (2) wet slips plus one (1) space for
' each employee.
' 20-3.4 Recreational uses.
' (A) Bowling alley. Three (3) spaces per lane plus requirements for any
other use associated with the establishment such as a restaurant,
etc.
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(B) Golf course. Three (3) spaces per hole plus requirements for any
other use associated with the establishment such as a restaurant,
etc.
(C) Outdoor recreation area, commercial (driving range, miniature golf,
tennis, public pool, etc.). One (1) space for each three (3) persons able
to use such facility at its maximum capacity plus 10 spaces for
waiting plus one (1) space for each two (2) employees.
20-3.5 Industrial and wholesale uses. One and one-half (1.5) spaces for each two (2)
employees on the shift of greatest employment plus one (1) space for each
managerial personnel plus one (1) visitor space for every 10 managerial
personnel plus one (1) space for each vehicle used directly in the conduct
of the operation.
20-3.6 Special situations. Special situations or situations to which none of the
above can be applied to shall be determined by the Board of Adjustment
based on the occupancy restrictions of the use.
(Ord. No. 1995-21, 7-25-95; Ord. No. 1996-13, § 1, 4-9-96)
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204 Off -Street Loading and Unloading Space
Every building or structure used for business, trade, or industry hereafter erected except
in the CD district shall provide space as indicated herein for loading and unloading ofvehicles off
the street or off the public alley. Such space shall have access to an alley or if there is no alley,
to the street. For the purposes of this Ordinance, an off-street loading and unloading space shall
have minimum dimensions of twelve (12) feet by sixty (60) feet and an overhead clearance of
fifteen (15) feet in height above the alley or street grade.
20-4.1 Retail business. One (1) space for each 5,000 square feet of floor space or
major fraction thereof but not to exceed two (2) spaces.
20-4.2 Wholesale and industrial. One (1) space for each 10,000 square feet of floor
space or major fraction thereof but not to exceed three (3) spaces.
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' ARTICLE 21. COASTAL AREA MANAGEMENT
' 21-1 Purposes
'
The purposes of this Article are to establish:
'
21-1.1 Procedures to be followed in issuing minor development permits in AECs
within the town's jurisdiction including methods of coordinating with
other local permits;
'
21-1.2 Scope and coverage of the program, including the geographic extent of
'
jurisdiction of the town management program;
'
21-1.3 Requirements of permit -letting agencies, including a description of the
criteria to be used in choosing the permit officer;
' 21-1.4 Methods of identifying and taking into account projects and impacts of
regional, state, and national concern, where applicable;
' 21-1.5 Procedures to ensure that the program is consistent with the approved
land use plan for the town.
' (Code 1973, § 61,,2-11)
' 21-2 Designated Local Official
21-2.1 Creation ofposition. The designated local official of the town Coastal Area
Management Act permit management plan shall be the Land Use
Administrator of the town. The position of minor development permit
' officer is hereby created.
' 21-2.2 Qualifications. The minor development permit officer shall have at least a
high school diploma or equivalent and some experience with construction
in a coastal area. Within one (1) year after appointment to the position,
' the minor development permit officer shall successfully complete the
training course offered by the Coastal Resources Commission
' (commission), the NC Department of Environment and Natural Resources
and the Division of Communiy Assistance.
' State law references. Coastal Area Management, G.S. § 113A-100 et seq.; implementation and
' enforcement programs, G.S. § 113A-117. 21-1

21-2.3
21-2.4
Appointment. The Land Use Administrator of the town is hereby appointed
as the minor development permit officer.
Duties generally.
(A) The permit officer shall administer and enforce in duly designated
areas of environmental concern the Coastal Area Management Act
of 1974, the minor development permit process as established in
this Article, all applicable local ordinances, and all other guidelines
and standards established by the commission and the City Council
pursuant to the Coastal Area Management Act. The permit officer
shall be available both in an advisory capacity and as a liaison
between major permit applicants and the commission for the
purpose of facilitating efficient disposition of major permit
applications. The permit officer shall assist in identifying and
assessing projects of greater than local concern (e.g., projects of
regional, state, and national concern). The permit officer shall also
be responsible for implementing any procedures recommended by
the City Council for the purpose of coordinating the Coastal Area
Management Act minor development permit with other locally
required permits. Such locally required permits and approvals
include, but are not limited to, plumbing permits, electric permits,
building permits, septic tank permits, zoning permits, and sand
dune permits.
(B) The permit officer shall immediately notify the City Council of any
suit filed against the town because of minor development permit
disposition or other functions of the Coastal Area Management Act
management program.
(C) The permit officer shall inform the City Council of his intent to
initiate any suit arising out of the Coastal Area Management Act
management program. The initiation of any suit requires City
Council approval.
(D) The permit officer shall use his knowledge of the Coastal Area
Management Act program and consultation with other permitting
agencies to assess the regional or national impact of certain
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projects and to so inform the City Council and the Coastal
Resources Commission.
21-2.5 Records, reports.
(A) The minor development permit officer shall prepare and forward to
the commission and the secretarya quarterly summary of all permit
applications and dispositions.
(B) The officer shall submit written reports summarizing permit
applications, dispositions, and recommendations or comments to
the City Council monthly. He shall appear before the City Council
in September of each year to present a full report on the operation
of the Coastal Area Management Act permit system as it affects the
town.
(C) He shall keep correct and comprehensive records of all transactions
related to minor development permit disposition and shall maintain
such records so long as any part of the structure or entity to which
it relates remains in existence; or, in the case of denials, for a
period of ten (10) years.
(D) The applications shall be numbered consecutively according to a
two-part number: a two -digit part noting the year separated from
the four -digit counting part by a hyphen (e.g., the first application
in 1978 would be 78-0001). A permit shall bear the number of the
application.
21-2.6 Availability. The permit officer shall have an office at the Morehead City
Municipal Building. He shall hold regular office hours. These hours shall
be posted in the City Clerk's office. The permit officer shall be accessible
to the extent practical to Morehead City citizens seeking minor
development permits. (Morehead City Municipal Building, 706 Arendell
Street, P.O. Drawer M, Morehead City, NC 28557, phone [phone]).
21-2.7 Support personnel. The permit officer shall share a full-time secretary who
will maintain the office during regular business hours.
(Code 1973, § 61�-13)
21-3

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21-3 Minor Development Permits
21-3.1 Application. An application for a permit for minor development shall consist
of filing the following with the secretary of the Department of Environment
and Natural Resources, Division of Community Assistance, and the permit
office:
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(A) A completed application using the applicable form adopted and ,
approved by the commission;
(B) A single check or money order payable to the permit -letting agency
in the amount specified by the commission. Monies so collected
shall be used only in the administration of the permit program,
specifically including the cost of required public notices and
hearings.
21-3.2 Return of application. The permit officer shall return incomplete,
insufficient, or unauthorized applications within seven (7) working days.
The thirty -day period for consideration of the application shall begin to run
upon receipt. The time period will continue to run in the case of an
incomplete or insufficient application until the permit officer returns it
with reasons for the rejection in writing to the applicant for correction of
the deficiencies. The time period will begin to run when a corrected
application is returned to the permit officer. An application received
requesting a permit for an activity which constitutes major development
shall be returned by the permit officer with appropriate instructions for
submitting the application to the commission.
21-3.3 Procedural considerations.
(A) The permit officer shall refer the file of all denials to the town
Board of Adjustment. If the Board agrees with the permit officer,
the permit stands denied. Appeals from the town Board of
Adjustment shall be to the Coastal Resources Commission.
(B) The permit officer shall also submit proposals he deems
appropriate for conditioned grant to the Board of Adjustment. He
shall make available to the Board of Adjustment the file, his
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recommendations, and any other relevant information. The
conditions approved or suggested by the Board ofAdjustment shall
be attached to the grant.
(C) Whenever it is appropriate, the permit officer shall confer with the
county sanitarian, the erosion -control officer, the Department of
Environment and Natural Resources, the Division of Community
Assistance, the Corps of Engineers, and other appropriate
permitting agencies before making a decision.
(D) The procedures and requirements of this section shall be conducted
in a manner consistent with the expeditious disposition of minor
development permits required by the Coastal Area Management
Act. The procedures shall take place within the time limitations
and extensions stated in the act.
21-3.4 Disposition. Disposition of the application must take place within twenty-
five (25) days unless the permit officer gives written notice by registered
mail of one (1) additional twenty-five day extension in exceptional cases for
proper evaluation of the application. Statutory grounds upon which the
permit officer bases the denial, conditioned grant, or return of application
must be set out in writing. One (1) copy must be maintained by the permit
officer as required by Article 21-2.5 and one (1) copy must be given to the
applicant, either in person or by registered mail.
21-3.5 Grant. The grant of a minor development permit shall be made only if
consideration of the application results in none of the appropriate findings
listed in G.S. Section 113A-120(a)(1)-(8) and shall be displayed on the
premises while the permitted activities are being accomplished.
21-3.6 Conditioned grant. The grant of a minor development permit may be
conditioned upon the acceptance by the applicant of certain reasonable
conditions as set out by the permit officer to protect the public interest
with respect to the appropriate factors enumerated in G.S. Section 113A-
120(a)(1)-(8). The applicant must sign the conditioned grant as an
acceptance of the amendments of the proposed project plans in a manner
consistent with the conditions set out by the permit officer before the
permit shall become effective.
21-5

21-3.7 Passive grant. Failure of the permit officer to approve or deny a properly
completed filed application, or to give notice of an extension beyond the
initial twenty-five day disposition period shall result in a passive grant. A
passive grant shall have the full force and effect of a grant.
(Code 1973, § 611z-14)
State law references. Permits for minor developments under expedited
procedures, G.S. § 113A-121; grant or denial of permits, G.S. § 113A-120.
21-4 Implementation of Coastal Area Management Act Minor Development Permit
Local permits and inspections required prior to the institution of Coastal Area
Management Act minor development permits shall continue to be required and shall be issued
and considered in coordination with Coastal Area Management Act permits. Such existing
permits include, but are not limited to, plumbing permits, electrical permits, building permits,
septic tank permits, zoning permits, and sand dune permits. Whenever other local permits are
required, the permit officer shall consult with the agencies responsible for such permits, and
comments of this consultation shall be noted in the record. The permit officer is not bound by
the decisions or comments of other agencies.
(Code 1973, § 614-15)
21-5 Appeal of Minor Development Permit Disposition
21-5.1 Parties. Any person directly affected by the decision of the permit officer,
including the secretary of the Department of Environment and Natural
Resources and the Division of Community Assistance may, within twenty
(20) days after the permit officer's final disposition, request in writing a
hearing before the Coastal Resources Commission. The hearing before the
commission shall be a quasi-judicial hearing conducted in accordance with
the requirements of the Coastal Area Management Act, any applicable rules
and regulations adopted by the commission, and any other state laws
applicable to such procedures.
21-5.2 Recordforwardedto commission. Upon receiving notice from the commission
of such an appeal, the permit officer shall promptly forward to the
commission the entire record compiled in relation to the minor permit
disposition that is the subject of the appeal.
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21-5.3 Record forwarded to City Council. Upon receipt of notice of appeal from the
commission, the permit officer shall give notice to the City Council and
forward to it a copy of the record as submitted to the commission and any
other relevant information.
21-5.4 Appeal pending. No action for which a minor development permit is
required shall be taken while appeal of the permit officer's final disposition
of that permit request is pending.
(Code 1973, § 61h-16)
State law reference. Procedure applicable to appeals of permit
applications, G.S. § 113A-122.
21-6 Injunctive Relief and Penalties
21-6.1 Injunctive relief. Upon violation of the provisions adopted by the City
Council pursuant to the Coastal Area Management Act relating to the
issuance of minor development permits, the permit officer may, either
before or after the institution of proceedings for the collection of any
penalty imposed by the Coastal Area Management Act for such violation,
institute a civil action in the general court of justice in the name of the City
Council upon the relation of the permit officer for injunctive relief to
restrain the violation and for such other or further relief as the court shall
deem proper. Neither the institution of the action nor any of the
proceedings thereon shall relieve any party to such proceedings from any
penalty prescribed by the Coastal Area Management Act for any violation
of same.
21-6.2 Penalties. Any person adjudged guilty of knowingly and willfully
undertaking any development requiring a minor development permit
without acquiring such a permit, or of conduct exceeding the authority of
a permit granted, or of failure to observe the agreed modifications of a
conditioned grant, or of violation of any other applicable regulations
adopted by the City Council or the commission pursuant to the Coastal
Area Management Act shall be guilty of a misdemeanor, and for each
violation shall be liable for a penalty of not less than one hundred dollars
($100.00) nor more than one thousand dollars ($1,000.00), or shall be
imprisoned for not more than sixty (60) days, or both. In addition, if any
person continues or further commits any of the above violations after
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21-7

written notice from the permit officer, the court may determine that each
day during which the violation continues or is repeated constitutes a
separate violation subject to the foregoing penalties.
21-6.3 Notice. The permit officer shall notify the secretary of the Department of
Environment and Natural Resources and the Division of Community
Assistance of any civil action undertaken by or against such officer under
the Coastal Area Management Act.
(Code 1973, § 61/�-17)
State law reference. Similar provisions, G.S. § 113A-126.
21-7 Amendment of Article
21-7.1 Notice and public hearing. Amendment of this Article shall be in accordance
with the notice and public hearing requirement set forth in the Coastal
Area Management Act and the commission's "Criteria for Local
Implementation and Enforcement Plans" pertaining to the adoption of the
original program.
21-7.2 Request to waive formal amendment requirements. Whenever a proposed
amendment is deemed sufficiently insignificant by the City Council, that
body may petition the commission for a waiver of formal hearing and
notice requirements.
21-7.3 Commission approval. Upon local acceptance of any amendment, the
amendment shall be submitted to the commission for approval. Upon
commission approval, such amendment shall be adopted as a part of this
Article.
21-7.4 Recommendations by permit officer. The permit officer shall bring to the City
Council's attention annually or more frequently recommendations for
modifications or amendments to this Article.
(Code 1973, § 614- 8)
State law reference. Implementation and enforcement programs, G.S. §
113A-117.
21-8

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21-8 Failure to Properly Enforce and Administer Article
21-8.1 Procedure. Upon receipt of notification from the commission of deficiencies
in administration and enforcement of this Article, the permit officer and a
committee appointed by the City Council shall conduct an investigation
and prepare an appropriate response to the alleged deficiencies set forth
in the commission's notice.
21-8.2 Notification to the commission. If the commission's charges are found to be
valid, within thirty (30) days of notification by the commission, the City
Council and the permit officer shall inform the commission of the findings
of the investigation, shall assess the willingness and ability to modify the
situation resulting in the violation, and shall state the means by which the
permit officer and City Council intend to avoid similar violations in the
future.
21-8.3 Disagreement between City Council and commission. If the City Council and
permit officer find the commission's charges to be without grounds, they
shall so inform the commission. If the Coastal Resources Commission
disagrees with that finding, the City Council may at that time request a
hearing before the commission or take other appropriate action within
ninety (90) days after receipt of the commission's notification of the
violation to come to some mutually acceptable solution with the
commission. If no such mutually acceptable solution has been achieved
within the ninety day period, the City Council and permit officer shall
automatically relinquish authorityto issue permits for minor development.
(Code 1973, § 6'1z-19)
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ARTICLE 22. NUISANCES AND ABANDONED OR JUNKED MOTOR VEHICLES
22-1 Violations; Remedies
22-1.1 The procedures set forth in Sections 22-7 through 22-9 shall be in addition
to any other remedies that may now or hereafter exist under law for the
abatement of public nuisances and shall not prevent the town from
proceeding in a criminal action against any person violating such
provisions of this Article.
22-1.2 Each day that a violation continues or that an order is not obeyed shall
constitute a separate and distinct offense. The provisions of this Article
and all orders issued pursuant thereto may be enforced also by mandatory
or prohibitory injunction or order of abatement from a court of competent
jurisdiction or by any other equitable remedy as provided by G.S. Section
160A-175.
(Code 1973, § 9-28)
22-2 Maintenance of Buildings, Land; Proper Disposal of Refuse; Cleanup of Refuse Dropped
from Vehicles
22-2.1 Every owner and every occupant or other person in control of any building
or land in the town, including vacant property, shall keep the same in a
clean and orderly condition and shall deposit refuse for collection in
accordance with the provisions of this Article and the regulations of the
City Manager adopted in conformity herewith. Combustible and non-
combustible refuse shall be stored in containers complying with this Code.
22-2.2 No persons shall throw, drop, or deposit or cause to be thrown, dropped,
or deposited on any land in the town, vacant or occupied, including
specifically streets, alleys, public areas, including waters adjacent to
seawalls and all waters under the jurisdiction of the town, any waste,
including but not limited to refuse, garbage, ashes, rubbish, dead animals
or fish, paper, drinking cups, broken glass, tacks, brush, grass, weeds, and
anything injurious to health. If any person, while transporting or hauling
or causing to be transported or hauled such rubbish or material or earth
excavation, coal or other material shall throw, drop, or deposit or cause to
be thrown, dropped, or deposited such rubbish or material from the body
22-1

of any vehicle in violation of the provisions of this subsection, such person
must daily clean up and remove such rubbish or material in a manner
satisfactory to the City Manager. Upon such owner failing to do so, the
town may clean up and remove such rubbish and material and collect the
cost of such cleaning up and removal from such persons.
(Code 1973, § 9-20)
22-3 Conditions Constituting Nuisance Generally
The existence of any of the following conditions on any vacant lot or other parcel of land
within the corporate limits is declared to be dangerous and prejudicial to the public health or
safety and to constitute a public nuisance:
22-3.1 The growth of noxious weeds or grass in violation of this Article;
22-3.2 Any accumulation of animal or vegetable matter that is offensive by virtue
of odors or vapors or by the inhabitation therein of rats, mice, snakes, or
vermin of any kind which is or may be dangerous or prejudicial to the
public health;
22-3.3 Any accumulation of rubbish, trash, old building materials, or junk causing
or threatening to cause a fire hazard, or causing or threatening to cause
the accumulation of stagnant water, or causing or threatening to cause the
inhabitation therein of rats, mice, snakes, or vermin of any kind which is
or may be dangerous or prejudicial to the public health;
22-3.4 Any condition detrimental to the public health which violates the rules and
regulations of the county health department.
(Code 1973, § 9-21)
22-4 Weeds, Noxious Growth - General Restrictions
It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative
or employee of any such owner, lessee or occupant having control of any lot or land or any part
thereof in the town to permit or maintain on any such lot or land any growth of weeds, grass or
other rank vegetation to a greater height than eight (8) inches on the average, or any
accumulation of dead weeds, grass or brush. It shall also be unlawful for any such person to
cause, suffer or allow poison ivy, ragweed or other poisonous plants detrimental to health to
22-2

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grow on any such lot or land in such manner that any part of such ivy, ragweed or other
poisonous or harmful weed shall extend upon, cover, overhang or border any public place, or
allow the seed, pollen or other poisonous particles or emanations therefrom to be carried
through the air into any public place.
(Code 1973, § 9-22)
22-5 Weeds, Noxious Growth - Duty of Owner, Occupant to Cut and Remove
It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove
or cause to be cut and removed all weeds, grass or other rank, poisonous or harmful vegetation
as often as may be necessary to comply with the provisions of Section 22-2.
(Code 1973, § 9-23)
22-6 Investigations
The City Manager, upon notice from any person of the existence of any of the conditions
described in Section 22-2, or upon his own volition if he sees such conditions, shall cause to be
made by the appropriate county health department official or town official such investigation as
may be necessary to determine whether, in fact, such conditions exist as to constitute a public
nuisance as declared in Section 22-1.
' 22-7 Notice and Order to Abate; Appeal
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22-7.1 Upon a determination that conditions constituting a public nuisance exist,
the City Manager shall give written notice to the owner, occupant or
person in possession of the premises in question of the conditions
constituting such public nuisance and shall order the prompt abatement
thereof within fifteen (15) days from the receipt of such written notice.
Notice shall be delivered personally or may be mailed, certified mail, return
receipt requested, and the date of mailing shall be the date of giving of the
notice. If the notice cannot be served in either fashion, service of the
notice shall be made by publication once in a newspaper published in the
county, and the date of publication shall be the date of notice.
22.7.2 Any person receiving a notice under the provisions of subsection (A) above
may appeal from the order contained therein by giving written notice of
such appeal to the City Manager within ten (10) days of the receipt of the
notice from the City Manager or from the posting thereof, whichever is
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22-8
earlier, or, if the notice is served by publication, within ten (10) days of the
publication thereof. All appeals will be heard by the member of the City
Council who has been designated as the public works commissioner. The
appellant may be represented at such hearing by counsel and may present
evidence. Hearings shall be had within thirty (30) days of the date notice
of appeal is given and a decision shall be made within ten (10) days
following the hearing. The hearing commissioner may affirm, modify or
reverse the decision of the City Manager. During the appeal process, the
order of the City Manager shall be suspended. The order may be served in
any manner provided for service of notice in subsection (A).
(Code 1973, § 9-25)
Abatement by Town - Performance
22-8.1 If any person, having been ordered by the City Manager or by the hearing
commissioner to abate such a public nuisance, fails, neglects or refuses to
abate or remove the condition constituting the nuisance within fifteen (15)
days from service of the order, the City Manager shall cause the condition
to be removed or otherwise remedied by having employees of the town go
upon the premises and remove or otherwise abate such nuisance under the
supervision of an officer or employee designated by the City Manager.
22-8.2 Any person who has been ordered to abate a public nuisance may, within
the time allowed herein, request the town in writing to remove such
condition, the cost of which shall be paid by the person making such
request.
(Code 1973, § 9-26)
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22-9 Abatement by Town - Recovery of Cost t
22-9.1 The actual cost incurred by the town in removing or otherwise remedying
a public nuisance shall be charged to the owner of the lot or parcel of land,
and it shall be the duty of the tax collector to mail a statement of such
charges to the owner or other person in possession of such premises with
instructions that such charges are due and payable within thirty (30) days
from the receipt thereof.
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22-9.2 If charges for the removal or abatement of a pubic nuisance are not paid
within thirty (30) days after the receipt of a statement of charges, such
charges shall become a lien upon the land or premises where the public
nuisance existed and shall be collected as unpaid taxes, as provided in G.S.
section 160A-193.
(Code 1973, § 9-27)
22-10 Abandoned, Nuisance, and junked Motor Vehicles'
22-10.1 Administration. The police department and town building inspector of the
Town of Morehead City shall be responsible for the administration and
enforcement of this Article. The police department shall be responsible for
administrating the removal and disposition of vehicles determined to be
"abandoned" on the public streets and highways within the town and on
property owned by the town. The town building inspector shall be
responsible for administering the removal and disposition of"abandoned,"
"nuisance," or "junked motor vehicles" located on private property. The
town may, on an annual basis, contract with private tow truck operators
or towing businesses to remove, store, and dispose of abandoned vehicles,
nuisance vehicles, and junked motor vehicles in compliance with this
Article and applicable state laws. Nothing in this Article shall be construed
to limit the legal authority or powers of officers of the town police
department in enforcing other laws or in otherwise carrying out their
duties.
(Ord. No. 1991-14, § 1, 7-25-91)
22-10.2 Abandoned Vehicle Unlawful, Removal Authorized.
(A) It shall be unlawful for the registered owner or person entitled to
possession of a vehicle to cause or allow such vehicle to be
abandoned as the term is defined in Article 2-2.1.
'Editor's note -At the discretion of the editor, non -amendatory Ord. No. 1991.14, adopted July
25, 1991, has been codified as superseding the provisions of former Article V, §§ 9-126-9-132, relative
to abandoned or junked motor vehicles, which derived from Code 1973, §§ 9-40-9.44 and Ord. No.
1989-06, § 1(A)-(C), (F)-(H), adopted April 11, 1989.
State law reference -Authority of municipality to regulate abandoned, nuisance, and junked
motor vehicles, G.S. § 160A-193, 16OA-303,16OA-303.2.
22-5

22-10.3
22-10.4
(B) Upon investigation, proper authorizing officials of the town may '
determine that a vehicle is an abandoned vehicle and order the
vehicle removed. ,
(Ord. No. 1991-14, § 3, 7-25-91)
Nuisance Vehicle Unlawful, Removal Authorized.
(A) It shall be unlawful for the registered owner or person entitled to
possession ofa motorvehicle, or for the owner, lessee, or occupant
of the real property upon which the vehicle is located to leave or
'
allow the vehicle to remain on the property after it has been
declared a nuisance vehicle.
(B)
Upon investigation, the town building inspector maydetermine and
declare that a vehicle is a health or safety hazard and a nuisance
'
vehicle as defined above, and order the vehicle removed.
(Ord. No. 1991-14, § 4, 7-25-91)
,
Junked Motor Vehicle Regulated, Remove Authorized.
,
(A)
Except as authorized in this section, it shall be unlawful for the
registered owner or person entitled to the possession of a junked
'
motor vehicle, or for the owner, lessee, or occupant of the real
property upon which a junked motor vehicle is located to leave or
allow the vehicle to remain on the property after the vehicle has
'
been ordered removed.
'
(B)
It shall be unlawful to have more than one (I)junked motor vehicle,
as defined herein, on the premises of public or private property.
'
Single, permitted junked motor vehicle must strictly comply with
the location and concealment requirements of this section.
'
(C)
It shall be unlawful for any owner, person entitle to the possession
of a junked motor vehicle, or for the owner, lessee, or occupant of
,
the real property upon which a junked motor vehicle is located to
fail to comply with the locational requirements or the concealment
'
requirements of this section.
22-6

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(D) Subject to the provisions of Subsection (E), upon investigation, the
town building inspector may order the removal of a junked motor
'
vehicle as defined in this Article after finding in writing that the
aesthetic benefits of removing the vehicle outweigh the burdens
imposed on the private property owner. Such finding shall be
based on a balancing of the monetary loss of the apparent owner
'
against the corresponding gain to the public by promoting or
enhancing community, neighborhood, or area appearance. The
following among other relevant factors may be considered:
(1) Protection of property values;
'
(2) Promotion of tourism and other economic development
opportunities;
(3) Indirect protection of public health and safety,
'
(4) Preservation of the character and integrity of the
community; and
'
(5) Promotion of the comfort, happiness, and emotional
stability of area residents.
'
(E) Permitted concealment or enclosure of junked motor vehicle:
' (1) One junked motor vehicle, in its entirety, can be located in
the rear yard as defined by this Ordinance if the junked
' motorvehicle is entirely concealed from publicview from a
public street and from abutting premises by an acceptable
covering.
The town building inspector has the authority to determine
' whether any junked motor vehicle is adequately concealed
as required by this provision. The covering must remain in
' good repair and must not be allowed to deteriorate. The
covering or enclosure must be compatible with the
objectives stated in the preamble of Ordinance No.1991-14
' and must comply with all provisions of the zoning
ordinance.
' 22-7

(2) More than one (1)junked motor vehicle. Any other junked
motor vehicle(s) must be kept in a garage or building
structure that provides a complete enclosure so that the
junked motor vehicle(s) cannot be seen from a public street
or abutting property. A garage or building structure means
either a lawful, nonconforming use or a garage or building
structure erected pursuant to the lawful issuance of a
building permit and which has been constructed in
accordance with all zoning and building code regulations.
(Ord. No. 1991-14, § 5, 7-25-91)
22-10.5 Removal of Abandoned, Nuisance, or Junked Motor Vehicles, Pre -Towing Notice
Requirements. Except as set forth in Article 22-2.6 below, an abandoned,
nuisance, or junked motor vehicle which is to be removed shall be towed
only after notice to the registered owner or person entitled to possession
of the vehicle. In the case of a nuisance vehicle or a junked motor vehicle,
if the names and mailing addresses of the registered owner or person
entitled to the possession of the vehicle, or the owner, lessee, or occupant
of the real property upon which the vehicle is located can be ascertained
in the exercise of reasonable diligence, the notice shall be given by first
class mail. The person who mails the notice(s) shall retain a written record
to show the name(s) and address(es) to which mailed, and the date mailed.
If such names and addresses cannot be ascertained or if the vehicle to be
removed is an abandoned motor vehicle, notice shall be given by affixing
on the windshield or some other conspicuous place on the vehicle a notice
indicating that the vehicle will be removed by the town on a specified date
(no sooner than seven (7) days after the notice if affixed). The notice shall
state that the vehicle will be removed by the town on a specified date, no
sooner than seven (7) days after the notice is affixed or mailed, unless the
vehicle is moved by the owner or legal possessor prior to that time.
With respect to abandoned vehicles on private property, nuisance vehicles
and junked motor vehicles to which notice is required to be given, if the
registered owner or person entitled to possession does not remove the
vehicle but chooses to appeal the determination that the vehicle is
abandoned, a nuisance vehicle or in the case of the junked motor vehicle
that the aesthetic benefits of removing the vehicle outweigh the burdens,
such appeal shall be made to the City Council in writing, heard at a
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regularly scheduled meeting of the City Council, and further proceedings
to remove the vehicle shall be stayed until the appeal is heard and decided.
' (Ord. No. 1991-14, § 6, 7-25-91)
' 22-10.6 Exceptions to Prior Notice Requirement. The requirement that notice be given
prior to the removal of an abandoned, nuisance, or junked motor vehicle
may, as determined by the authorizing official, be omitted in those
circumstances where there is a special need for prompt action to eliminate
traffic obstructions or to otherwise maintain and protect the public safety
' and welfare. Such findings shall, in all cases, be entered by the authorizing
official in the appropriate daily records. Circumstances justifying the
' removal of vehicles without prior notice includes:
'
(A) Vehicles abandoned on the streets. For vehicles left on the public
streets and highways, the City Council hereby determines that
immediate removal of such vehicles may be warranted when they
are:
(1) Obstructing traffic;
'
(2) Parked inviolation ofan ordinance prohibiting or restricting
parking;
(3) Parked in a no -stopping or standing zone;
(4) Parked in loading zones;
(5) Parked in bus zones; or
(6) Parked in violation of temporary parking restrictions.
(B) Other abandoned or nuisance vehicles. With respect to abandoned or
nuisance vehicles left on town -owned property other than the
'
streets and highways, and on private property such vehicles may be
removed without giving prior notice only in those circumstances
'
where the authorizing official finds a special need for prompt
action to protect and maintain the public health, safety, and
welfare. By way of illustration and not of limitation, such
'
circumstances include vehicles blocking or obstructing ingress or
egress to businesses and residences, vehicles parked in such a
location or manner as to pose a traffic hazard and vehicles causing
damage to public or private property.
(Ord. No.1991-14, § 7, 7-25-91)
'
22-9

22-10.7 Removal of Vehicles, Post -Towing Notice Requirements.
(A) Any abandoned, nuisance, orjunked motor vehicle which has been
ordered removed may, as directed by the town, be removed to a
storage garage or area by the tow truck operator or towing
business contracting to perform such services for the town.
Whenever such a vehicle is removed, the authorizing town official
shall immediately notify the last known registered owner of the
vehicle, such notice to include the following:
(1) The description of the removed vehicle;
(2) The location where the vehicle is stored;
(3) The violation with which the owner is charged, if any;
(4) The procedure the owner must follow to redeem the
vehicle; and
(5) The procedure the owner must follow to request a probable
cause hearing on the removal.
(B) The town shall attempt to give notice to the vehicle owner by
telephone; however, whether or not the owner is reached by
telephone, written notice, including the information set forth in
subsections (1) through (5) above, shall also be mailed to the
registered owner's last known address, unless this notice is waived
in writing by the vehicle owner or his agent.
(C) If the vehicle is registered in North Carolina, notice shall be given
within twenty-four (24) hours. If the vehicle is not registered in the
state, notice shall be given to the registered owner within seventy-
two (72) hours from the removal of the vehicle.
(D) Whenever an abandoned, nuisance, or junked motor vehicle is
removed, and such vehicle has no valid registration or registration
plates, the authorizing town official shall make reasonable efforts,
including checking the vehicle identification number, to determine
the last known registered owner of the vehicle and to notify him of
the information set forth in Article 22-2.7(A)(1) through (5) above.
(Ord. No. 1991-14, § 8, 7-25-91)
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22-10.8 Right to probable Cause Hearing Before Sale or Final Disposition of Vehicle. After
the removal of an abandoned vehicle, nuisance vehicle, or junked motor
vehicle, the owner or any other person entitled to possession is entitled to
a hearing for the purpose of determining if probable cause existed for
removing the vehicle. A request for hearing must be filed in writing with
the county magistrate designated by the chief district court judge to
receive such hearing requests. The magistrate will set the hearing within
seventy-two (72) hours of receipt of the request, and the hearing will be
conducted in accordance with the provisions of G.S. Section 219-11, as
amended.
(Ord. No. 1991-14, § 9, 7-25-91)
22-10.9 Redemption of Vehicle During proceedings. At any stage in the proceedings,
including before the probable cause hearing, the owner may obtain
possession of the removed vehicle by paying the towing fee, including any
storage charges, or by posting bond for double the amount of such fees
and charges to the tow truck operator or towing business having custody
of the removed vehicle. Upon regaining possession of a vehicle, the owner
or person entitled to the possession of the vehicle shall not allow or
engage in further violations of this Article.
(Ord. No. 1991-14, § 10, 7-25-91)
22-10.10 Sale and Disposition of Unclaimed Vehicle. Any abandoned, nuisance, or
junked motor vehicle which is not claimed by the owner or other party
entitled to possession will be disposed of by the tow truck operator or
towing business having custody of the vehicle. Disposition of such a
vehicle shall be carried out in coordination with the town and in
accordance with Article 1 of Chapter 44A of the North Carolina General
Statutes.
(Ord. No. 1991-14, § 11, 7-25-91)
22-10.11 Conditions on Removal of Vehicles from private property. As a general policy,
the town will not remove a vehicle from private property if the owner,
occupant, or lessee of such policy could have the vehicle removed under
applicable state law procedures. In no case will a vehicle be removed by
the town from private property without a written request of the owner,
occupant, or lessee, except in those cases where a vehicle is a nuisance
vehicle or is a junked motor vehicle which has been ordered removed by
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22-11

the town building inspector. The town may require any person requesting
the removal of an abandoned, nuisance, or junked motor vehicle from
private property to indemnify the town against any loss, expense, or
liability incurred because of the removal, storage, or sale thereof.
(Ord. No. 1991-14, § 12, 7-25-91)
22-10.12 Protection Against Criminal or Civil Liability. No person shall be held to
answer in any civil or criminal action to any owner or other person legally
entitled to the possession of an abandoned, nuisance, or junked motor
vehicle, for disposing of such vehicle as provided in this Article.
(Ord. No. 1991-14, § 13, 7-25-91)
22-10.13 Exceptions. Nothing in this Article shall apply to any vehicle:
(A) Which is located in a bona fide "automobile graveyard" or
"junkyard" as defined in N.C.G.S. 136-143, in accordance with the
"Junkyard Control Act" N.C.G.S. 136-141 et seq.;
(B) Which is in an enclosed building;
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(C) Which is on the premises of a business enterprise being operated
in a lawful place and manner if the vehicle is necessary to the '
operation of the enterprise;
(D) Which is in an appropriate storage place or depository maintained
in a lawful place and manner by the town; or
(E) Which is a junked motor vehicle, used on a regular basis for
business or personal use as a motor vehicle.
(Ord. No. 1991-14, § 14, 7-25-91; Ord. Of 8-22-91, § 1, Ord. No.
1991-06, 4-28-92)
22-10.14 Unlawful Removal of Impounded Vehicle. It shall be unlawful for any person
to remove or attempt to remove from any storage facility designated by the
town any vehicle which has been impounded pursuant to the provisions of
this Code unless and until all towing and impoundment fees which are due,
or bond in lieu of such fees, have been paid.
(Ord. No. 1991-14, § 15, 7-25-91)
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ARTICLE 23. MINIMUM HOUSING STANDARDS
23-1 Molations; Penalty
It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse
to repair, alter, or improve the same, or to vacate and close and remove or demolish the same,
upon order of the inspector duly made and served as provided in this Article, within the time
specified in such order. Each day that any such failure, neglect, or refusal to comply with such
order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner
of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to
Article 23-19, to occupy or permit the occupancy of the same after the time prescribed in such
order for its repair, alteration, or improvement or its vacation and closing, and each day that such
occupancy continues after such prescribed time shall constitute a separate and distinct offense.
The violation of any provision of this Article shall constitute a misdemeanor, as provided by G.S.
Section 14-4, and shall be punishable by a fine of up to one hundred dollars ($100.00) or thirty
(30) days in jail or both for each offense.
(Code 1973, § 11-26; Ord. No. 1993-23, § 1, 7-13-93)
23-2 Finding; Purpose
23-2.1 Pursuant to G.S. Section 160A-441, it is hereby found and declared that
there exist in the town, dwellings that are unfit for human habitation due
to dilapidation; defects increasing the hazards of fire, accidents, and other
calamities; lack ofventilation, light, and sanitary facilities; and due to other
conditions rendering such dwellings unsafe or unsanitary, and dangerous
and detrimental to the health, safety, and morals and otherwise
unfavorable to the welfare of the residents of the town.
23-2.2 In order to protect the health, safety, and welfare of the residents of the
town as authorized by G.S. Chapter 160A, Article 19, Part 6, it is the
purpose of this Article to establish minimum standards of fitness for the
initial and continued occupancy of all buildings used for human habitation,
as expressly authorized by G.S. Section 160A-444.
(Code 1973, § 11-1)
23-1

23-3 Minimum Standards of Fitness for Dwellings, Dwelling Units
Every dwelling and dwelling unit used as a human habitation or held out for use as a
human habitation shall complywith all of the minimum standards of fitness for human habitation
and all of the requirements of Articles 234 through 23-15. No person shall occupy as owner -
occupant, or let to another for occupancy or use as human habitation, any dwelling or dwelling
unit that does not comply with all of the minimum standards of fitness for human habitation and
all of the requirements of Articles 23-4 through 23-15. The inspector may determine that a
dwelling is unfit for human habitation if he finds that conditions exist at the dwelling that render
it dangerous or injurious to the health of the occupants of the dwelling, the occupants of
neighborhood dwellings or other residents of the town.
(Code 1973, § 11-33; Ord. No. 1993-23, § 1, 7-13-93)
23.4 Sanitary Facilities
23-4.1 A dwelling unit shall include its own sanitary facilities, which are in proper
operating condition, can be used in privacy, and are adequate for personal
cleanliness and the disposal of human waste. These facilities shall utilize
an approved public disposal system.
23-4.2 All required plumbing fixtures shall be located within the dwelling unit and
shall be accessible to the occupants of same. A flush toilet, a fixed basin,
and tub or shower shall be located in a separate room in the dwelling unit
affording privacy to the user, and such room shall have a minimum floor
space of thirty (30) square feet. The lavatory and tub or shower shall have
hot and cold running water.
23-4.3 Every dwelling unit shall have an adequate supply of both cold water and
hot water connected to the kitchen sink, washing machine connections,
lavatory, and tub or shower. All water shall be supplied through an
approved pipe distribution system connected to a potable water supply.
23-4.4 Every dwelling shall have water -heating facilities that are properly installed
and maintained in a safe and good working condition and are capable of
heating water to such a temperature as to permit an adequate amount of
water to be drawn at every required kitchen sink, lavatory basin, bathtub,
or shower at a temperature of not less than one hundred twenty (120)
degrees Fahrenheit. Such water -heating facilities shall be capable of
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23-2

' meeting the requirements of this subsection when the dwelling or dwelling
unit heating facilities required under the provisions of this Article are not
' in operation.
(Code 1973, § 11-4)
' 23-5 Food Preparation; Refuse Disposal
' 23-5.1 A dwelling unit shall contain suitable space and equipment to store,
prepare, and serve foods in a sanitary manner. There shall be adequate
facilities and services for the sanitary disposal of food wastes and refuse,
including facilities for temporary storage where necessary.
23-5.2 The unit shall contain the following equipment in proper operating
condition: cooking stove or range and a refrigerator of appropriate size for
' the unit supplied by either the owner or the family, and a kitchen sink with
hot and cold running water. The sink shall drain into an approved public
' system. Adequate space for the storage, preparation, and serving of food
shall be provided. There shall be adequate facilities and services for the
' sanitary disposal of food wastes and refuse, including facilities for
temporary storage where necessary (e.g., garbage cans).
' 23-5.3 All plumbing fixtures and appliances shall meet the standards of the state
plumbing code and shall be maintained in a state of good repair and in
' good working order.
23-5.4 All fixtures, receptacles, equipment, and wiring shall be maintained in a
state of good repair, safe, capable of being used, and installed in
accordance with the state electrical code.
23-5.5 All cooking and heating equipment and facilities shall be installed in
' accordance with the building, gas, or electrical code and shall be
maintained in a safe and good working condition.
23-5.6 Every dwelling unit shall have adequate garbage disposal facilities or
garbage storage containers, the type and location of which facilities or
' containers are approved by the City Council.
(Code 1973, § 11-5)
23-3

23-6 Space and Security
23-6.1 A dwelling unit shall afford the family adequate space and security.
23-6.2 A living room, kitchen area, and bathroom shall be present, and the
dwelling unit shall contain at least one (1) sleeping or living/sleeping room
of appropriate size for each two (2) persons.
F
23-6.3 Exterior doors and windows accessible from outside the unit shall be
lockable. '
23-6.4 Every habitable room shall have at least one (1) window or skylight that can
easily be opened, or such other device as will adequately ventilate the
room. The total openable window area in every habitable room shall be
equal to at least forty-five (45) percent of the minimum window area size
or minimum skylight -type window size, as required, or shall have other
approved equivalent ventilation.
23-6.5 Every bathroom shall comply with the light and ventilation requirements
for habitable rooms except that no window or skylight shall be required in
adequately ventilated bathrooms equipped with an approved ventilation
system.
(Code 1973, § 11-6)
23-7 Structure and Materials
23-7.1 A dwelling unit shall be structurally sound so as not to pose any threat to
the health and safety of the occupants and so as to protect the occupants
from the environment.
23-7.2 Ceilings with minimum height of seven (7) feet, six (6) inches, and walls and
floors shall not have any serious defects such as severe bulging or leaning,
large holes, loose surface materials, severe buckling, or noticeable
movement under walking stress, missing parts, or other serious damage.
The roof structure shall be firm and the roof shall be weathertight. The
exterior wall structure and exterior wall surface shall not have any serious
defects such as serious leaning, buckling, sagging, cracks or holes, loose
siding, or other serious damage. The condition and equipment of interior
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stairways, halls, porches, walkways, etc., shall be such as not to present a
danger of tripping or falling. Elevators shall be maintained in safe
operating condition. In the case of a mobile home, the home shall be
securely anchored by a tie -down device that distributes and transfers the
loads imposed by the unit to appropriate ground anchors so as to resist
wind overturning and sliding.
23-7.3 The building foundation walls, piers, or other structural elements shall be
maintained in a safe manner and capable of supporting the load that
normal use may cause to be placed thereon.
23-7.4 The exteriorwalls shall be substantially weathertight, watertight, and shall
be made impervious to the adverse effects of weather and be maintained
in sound condition and good repair.
23-7.5 Roofs shall be maintained in a safe manner and have no defects that might
admit rain or cause dampness in the walls or interior portions of the
building.
23-7.6 Every dwelling unit shall have safe, unobstructed means of egress leading
to a safe and open space at ground level.
23-7.7 Every inside and outside stair, porch, and any appurtenance thereto shall
be safe to use and capable of supporting the load that normal use may
cause to be placed thereon, and shall be kept in sound condition and good
repair.
23-7.8 Every window, exterior door, and basement or cellar door and hatchway
shall be substantially weathertight, watertight, and rodent -proof, and shall
be kept in sound working condition and good repair.
23-7.9 Windowpanes or an approved substitute shall be maintained without
cracks or holes.
23-7.10 Window sash shall be properly fitted and weathertight within the window
frame.
23-5

23-7.11 Every window required for light and ventilation for habitable rooms shall
be capable of being easily opened and secured in position by window
hardware.
23-7.12 Every exterior doorshall be providedwith proper hardware and maintained
in good condition.
23-7.13 Every exterior door shall fit reasonably well within its frame so as to
substantially exclude rain and wind from entering the dwelling building.
23-7.14 Every door opening directly from a dwelling unit to outdoor space shall
have screens, and every window or other device with opening to outdoor
space, used or intended to be used for ventilation, shall likewise have
screens.
23-7.15 Dwelling buildings containing central heating furnaces and air conditioning
equipment for mechanically ventilating the building year-round are not
required to have screens on door or window openings. Window -type air
conditioning units are not included in this exception.
23-7.16 All exterior wood surfaces, other than decay -resistant woods, shall be
protected from the elements and decay by painting or other protective
covering or treatment.
23-7.17 Garages, storage buildings, and other accessory structures shall be
maintained and kept in good repair and sound structural condition.
23-7.18 Every structural element of the dwelling shall be maintained structurally
rodent -proof, shall be kept in sound condition and good repair, and shall
be safe to use and capable of supporting the load that normal use may
cause to be placed thereon.
23-7.19 Every structural element of the dwelling shall be maintained structurally
sound and show no evidence of deterioration that would render them
incapable of carrying loads that normal use may cause to be placed
thereon.
23-6

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' 23-7.20 No basement space shall be used as a habitable room or dwelling unit
unless:
(A) The Floor and walls are impervious to leakage of underground and
tsurface runoff water and insulated against dampness;
(B) There is at least one (1) window above grade.
' (Code 1973, § 11.7)
' 23-8 Thermal Environment
' 23-8.1 A dwelling unit shall have and be capable of maintaining a thermal
environment healthy for the human body.
23-8.2 A dwelling unit shall contain a safe heating facility in proper operating
condition which can provide adequate heat to each room in the dwelling
' unit appropriate for the climate to ensure a healthy living environment.
Unvented room heaters that burn gas, oil, or kerosene are unacceptable
except as allowed by law. If a cooling system exists or is installed, it too
must be in a safe operating condition.
23-8.3 A dwelling unit shall be free of pollutants in the air at levels which threaten
the health of the occupants.
23-8.4 A dwelling unit shall be free of dangerous levels of air pollution from
carbon monoxide, sewer gas, fuel gas, dust, and other harmful air
pollutants. Air circulation shall be adequate throughout the unit.
Bathroom areas shall have at least one (1) openable window or other
' adequate exhaust ventilation.
(Code 1973, § 11-8)
' 23-9 Electrical Systems
No person shall occupy, as owner -occupant, any dwelling unit designed or intended to be
used for the purpose of living, sleeping, cooking, or eating therein, that does not comply with the
' following requirements:
' 23-7

23.9-1 All fixtures, receptacles, equipment, and wiring shall be maintained in a '
state of good repair, safe, capable of being used, and installed and
connected to the source of electric power. '
23-9.2 The minimum capacity of the service supply and the main disconnect t
switch shall be sufficient to adequately carry the total load.
23-9.3 All fixtures, receptacles, equipment, and wiring shall be maintained in a
state of good repair, safe, capable of being used, and installed in
accordance with the state electrical code.
23-9.4 Every public hall and stairway in every multi -family dwelling containing five
(5) or more dwelling units shall be adequately lighted at all times. Every
public hall or stairway in structures devoted solely to dwelling occupancy
and containing not more than four (4) dwelling units may be supplied with
conveniently located light switches, controlling an adequate lighting
system which may be turned on when needed, instead of full-time lighting.
(Code 1973, § 11-9)
23.10 Care of Premises
23-10.1 The owner or occupants of a residential building, structure, or property
shall not utilize the premises of such residential property for the open
storage of any abandoned motorvehicle, icebox, refrigerator, stove, glass,
building material, building rubbish, or similar items. It shall be the duty
and responsibility of every such owner or occupant to keep the premises
of such residential property clean and to remove from the premises all such
abandoned items as listed above, including but not limited to, weeds, dead
trees, trash, garbage, etc., upon notice of the inspector.
23-10.2 For the purpose of this section, an abandoned motor vehicle is defined as
one that is in a state of disrepair and incapable of being moved under its
own power.
(Code 1973, § 11-10)
23-11 Water Supply
23-11.1 The water supply of a dwelling unit shall be free from contamination.
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' 23.11.2 The unit shall be served by an approved public or private sanitary water
supply.
t(Code 1973, § 11-11)
' 23-12 Lead -Based Paint
No lead -based paint shall be used on a dwelling unit. This provision shall be in compliance
with the United States Lead Based Paint Poisoning Prevention Act, 42 U.S.C., 4801.
(Code 1973, § 11-12)
23.13 Access
23-13.1 A dwelling unit shall be usable and capable of being maintained without
unauthorized use of other private properties.
' 23-13.2 The building shall provide an alternate means of egress in case of fire (i.e.,
' fire stairs or egress through windows).
(Code 1973, § 11-13)
23.14 Extermination
' 23-14.1 A dwelling unit and its equipment shall be in a sanitary condition.
23.14.2 The unit and its equipment shall be free of vermin and rodent infestation.
(Code 1973, §11-14)
' 23-15 Congregate Housing
The foregoing standards shall apply to congregate housing except for Article 23-5. In
addition, the following standards shall apply:
'
23-15.1 The unit shall contain a refrigerator or appropriate size.
'
23-15.2 The central dining facility (and kitchen facility, if any) shall contain suitable
space and equipment to store, prepare, and serve food in a sanitary
manner, and there shall be adequate facilities and services for the sanitary
'
disposal of food wastes and refuse, including facilities for temporary
storage where necessary (e.g., garbage cans).
'
(Code 1973, § 11-15)
23-9

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23-16 Duties of Inspector '
The inspector is hereby designated as the officer to enforce the provisions of this Article '
and to exercise the duties and powers prescribed in this Article. It shall be the duty of the
inspector to: '
23-16.1 Investigate the dwelling conditions and to inspect dwellings and dwelling '
units located in the town in order to determine which dwellings and
dwelling units are unfit for human habitation, and for the purpose of
carrying out the objectives of this Article with respect to such dwellings 1
and dwelling units;
23-16.2 Take such action, together with other appropriate departments and '
agencies, public and private, as may be necessary to effect rehabilitation
of housing which is deteriorated; '
23-16.3 Keep a record of the results of inspections made under this Article and an
,
inventory of those dwellings that do not meet the minimum standards of
fitness prescribed in this Article;
'
23-16.4 Perform such other duties as may be prescribed in this Article.
(Code 1973, § 11-16)
,
23-17 Powers of Inspector
The inspector is authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purpose and provisions of this Article, including the following
'
powers in addition to others herein granted:
'
23-17.1 To investigate the dwelling conditions in the town in order to determine
which dwellings are unfit for human habitation;
23-17.2 To administer oaths and affirmations, examine witnesses and receive
evidence;
'
23-17.3 To enter upon premises for the purpose of making examinations and
inspections, provided such entries shall be made in such manner as to
cause the least possible inconvenience to the persons in possession; '
23-10

23-17.4 To appoint and fix the duties of such officers, agents, and employees as he
deems necessary to carry out the purposes of this Article; and
23-17.5 To delegate any of his functions and powers under this Article to qualified
' assistants.
(Code 1973, § 11-17; Ord. No. 1993-23; § 1, 7-13-93)
' 23-18 Inspections; Duty of Owners and Occupants
' For the purpose of making inspections, the inspector is hereby authorized to enter,
examine, and survey at all reasonable times all dwellings, dwelling units, congregate housing, and
' premises. The owner or occupant of every dwelling, dwelling unit, or congregate housing, or the
person in charge thereof, shall give the inspector free access to such dwelling, dwelling unit, or
rooming unit and its premises at all reasonable times for the purposes of such inspection,
' examination, and survey. Every occupant of a dwelling or dwelling unit shall give the owner
thereof or his agent or employee access to any part of such dwelling or dwelling unit and its
' premises at all reasonable times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this Article or with any lawful order issued
' pursuant to the provisions of this Article.
(Code 1973, § 11.18)
' 23-19 Procedure for Enforcement
' 23-19.1 Preliminary Investigation; Notice; Hearing. Whenever a petition is filed with
the inspector by a public authority or by at least five (5) residents of the
town charging that any dwelling or dwelling unit is unfit for human
' habitation, or whenever it appears to the inspector upon inspection that
any dwelling or dwelling unit is unfit for human habitation, he shall, if his
' preliminary investigation discloses a basis for such charges, issue and cause
to be served upon the owner of and parties in interest in such dwelling or
' dwelling unit a complaint stating the charges in that respect and
containing a notice that a hearing will be held before the inspector or his
designated agent at a place within the town therein fixed, not less than ten
(10) nor more than thirty (30) days after the serving of the complaint. The
owner or any party in interest shall have the right to file an answer to the
complaint and to appear in person, or otherwise, and give testimony at the
place and time fixed in the complaint. Notice of such hearing shall also be
' given to at least one (1) of the persons signing a petition relating to such
' 23-11

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dwelling. Any person desiring to do so may attend such hearing and give
evidence relevant to the matter being heard. The rules of evidence
prevailing in courts of law or equity shall not be controlling in hearings
before the inspector and the complaint shall so state.
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(A) After such notice and hearing, the inspector shall state in writing
his determination whether such welling or dwelling unit is unfit for
human habitation and, if so, whether it is deteriorated or
dilapidated.
(B) If the inspector determines that the dwelling or dwelling unit is
unfit for human habitation, he shall state in writing his findings of
fact in support of such determination. If he shall determine that
the repair, alteration, or improvement of the property can be made
for not more than fifty (50) percent of the value that the dwelling
or dwelling unit shall have after such repair, alteration, or
improvement, he shall issue and cause to be served upon the owner
thereof an order directing and requiring the owner to repair, alter,
and improve such dwelling or dwelling unit to comply with the
minimum standards of fitness established by this Article within a
specified period of time, not to exceed ninety (90) days. Such order
may also direct and require the owner to vacate and close such
dwelling or dwelling unit until such repairs, alterations, or
improvements have been made. If progress in making such repairs,
alterations, or improvements have been made satisfactory to the
inspector, he may extend the time to finish.
(C) If the inspector determines that the dwelling cannot be repaired,
altered, or improved within the cost limits specified in Subsection
(B) above, he shall state in writing his findings of fact to support
such determination and shall issue and cause to be served upon the
owner thereof an order directing and requiring the owner to vacate
and remove or demolish the same within a specified period of time
not to exceed ninety (90) days.
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23-19.3 Appeals.
(A) Any person aggrieved by an order of the inspector may appeal
therefrom to the board of adjustment. A notice of appeal must be
filed within ten (10) days from the rendering of the decision or
service of the order. Such notice must be filed with the inspector
and with the secretary or chairperson of the board of adjustment
and shall specify the grounds upon which the appeal is based.
(B) Upon the timely filing of the notice of appeal, the inspector shall
forthwith transmit to the board all of the papers constituting the
record upon which the decision or order appealed from was made.
(C) When an appeal is from a decision or order of the inspector
requiring the person aggrieved to do any act, the appeal shall have
the effect of suspending the requirement until the hearing by the
board unless the inspector certified to the board, after notice of
appeal is served upon him that because of facts stated in the
certificate (a copy of which shall be furnished to the appellant), a
suspension of his order would cause imminent peril to life or
property. In that case, the requirement shall not be suspended
except by a restraining order, which may be granted for due cause
shown upon not less than one (1) day's written notice to the
inspector by the board or by a court of competent jurisdiction upon
petition made pursuant to G.S. 160A446(o.
(D) The chairperson or assistant chairperson of the board shall fix a
time for hearing the appeal within thirty (30) days of receiving the
notice of appeal, shall give all parties due notice of the time, date,
and place, and shall announce the board's decision within ten (10)
days of the date of the hearing. Any party may appear in person, by
agent or by attorney. The board may reverse or affirm, wholly or
partly, or may modify the decision or order appealed from, and may
make any decision or order that in its opinion ought to be made in
the matter, and to that end it shall have all the powers of the
inspector, but the concurring vote of four -fifths of the board shall
be necessary to reverse or modify any decision or order of the
inspector. The board shall have power also in passing upon
23-13

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appeals, when practical difficulties or unnecessary hardships would
result from carrying out the strict letter of the minimum housing
ordinance, to adapt the ordinance to the necessities of the case to
the end that the spirit of the ordinance shall be observed, public
safety, and welfare secured, and substantial justice done.
(E) Every decision of the board shall be subject to review by
proceedings in the nature of certiorari instituted within fifteen (15)
days of the decision of the board, but not otherwise.
23-19.4 Failure to Comply with Order. After failure of an owner to comply with a final
order of the inspector within the time specified therein or as extended as
provided in Article 23-19.2 above, the inspector shall submit to the City
Council an ordinance ordering the inspector to cause such dwelling or
dwelling unit to be repaired, altered, improved, or vacated and removed
or demolished, as provided in the original order of the inspector, and
pending such removal or demolition, to placard such dwelling as provided
by G.S. Section 160A-443 and Article 23-21 of this Ordinance.
23-19.5 Petition to Superior Court by Owner. Any person aggrieved by an order by the
inspector or a decision rendered by the board under Article 23-19.3 above
not to suspend the order of the inspector shall have the right, within thirty
(30) days after issuance of the order or rendering of the decision, to
petition the superior court for a temporary injunction restraining the
inspector pending a final disposition of the cause, as provided in G.S.
Section 160A-446(f).
(Code 1973, § 11-19; Ord. No. 1993-23, § 1, 7-13-93)
23.20 Complaints; Orders
23-20.1 Methods of Service. Complaints or orders issued by the inspector pursuant
to this Article shall be served upon the owner(s) or the parties in interest
in such dwelling either personally or by registered or certified mail. If the
identities of any owners or the whereabouts of persons are unknown and
cannot be ascertained by the inspector in the exercise of reasonable
diligence, the inspector shall make an affidavit to that effect, and the
serving of such complaint or order upon the unknown owners or other
persons may be made by publishing the same in a newspaper of general
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circulation in Carteret County at least once not less than ten (10) days prior
to the hearing to be had in accordance with Article 23-19.1. When service
is made by publication, a notice of pending proceedings shall be posted in
a conspicuous place on the premises affected by the complaint or order.
23-20.2 Removal of Complaint, Notice, or Order. No persons without written consent
of the inspector shall remove or permit the removal of any complaint,
notice, or order posted in accordance with the provisions of this Article.
(Code 1973, § 11-20; Ord. No. 1993-23; § 1, 7-13-93)
23-21 In Rem Action by Inspector
23-21.1 If the owner fails to comply with an order issued pursuant to this Article
to repair, alter, or improve or to vacate and close a dwelling, the inspector
may cause the dwelling to be repaired, altered, or improved or to be
vacated and closed. The inspector may cause to be posted on the main
entrance of any dwelling so closed a placard with the following words:
"This building is unfit for human habitation; the use or occupation of this
building for human habitation is prohibited and unlawful." Occupation of
a building so posted shall constitute a misdemeanor.
23-21.2 If the owner fails to comply with an order to remove or demolish the
dwelling, the inspector may cause such dwelling to be removed or
demolished. The duties of the inspector set forth in Article 23-21.1 and 23-
21.2 shall not be exercised until the City Council shall have by ordinance
ordered the inspector to proceed to effectuate the purpose of this Article
with respect to the particular property or properties which the inspector
has found to be unfit for human habitation and which property or
properties shall be described in the ordinance. No such ordinance shall be
adopted to require demolition of a dwelling until the owner has first been
given a reasonable opportunity to bring it into conformitywith the housing
code. This ordinance shall be recorded in the office of the county register
of deeds and shall be indexed in the name of the property owner in the
grantor index.
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23-15

23-22.3 Dwellings ordered vacated by the inspector shall have all outer doors firmly
locked, and the basement, cellar, and first -story windows barred or
boarded to prevent entry, and shall not again be used for human habitation
t
until written approval is secured from the inspector.
(Code 1973, § 11-21)
'
23-22 Costs; liens on Premises
'
The amount of the cost of proceedings under this Article, including attorneys' fees and the
cost of any repairs, alterations, or improvements, or vacating and closing or removal or
,
demolition, caused to be made or done by the inspector pursuant to Article 23-19 and Article 23-
21 shall be alien against the real property upon which the cost was incurred. Such lien shall be
filed, have the same priority, and be enforced and the costs collected as provided by G.S. Chapter
160A, Article 10.
(Code 1973, § 11-22; Ord. No. 1993-23, § 1, 7-13-93)
'
State law reference —Special assessments, G.S. § 160A-216 et. seq.
'
23.23 Sales of Items in, Attached to, Removed or Demolished Dwelling; Disbursal of Funds
If a dwelling is removed or demolished by the inspector, he shall sell the materials of the
'
dwelling and any personal property, fixtures, or appurtenances found in or attached to the
dwelling and shall credit the proceeds of the sale against the costs of the proceedings, attorney
'
fees, and of the removal or demolition and any balance remaining shall be deposited in the
superior court by the inspector, shall be secured in a manner directed by the court, and shall be
'
disbursed by the court to the persons found to be entitled thereto by final order or decree of the
court.
(Code 1973, § 11-23; Ord. No. 1993-23, § 1, 7-13-93) '
23-24 Alternative Remedies ,
Nothing in this Article shall be construed to impair or limit in any way the power of the '
town to define and declare nuisances and to cause their abatement by summary action or
otherwise, orto enforce this Article as authorized by G.S. Section 160A-14-4, and the enforcement
of any other remedy or remedies provided herein or in other ordinance provisions or laws. ,
(Code 1973, § 11.24)
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23-25 Enforcement by Action in the Nature of Summary Ejectment
If any occupant fails to comply with an order to vacate a dwelling, the inspector may file
a civil action in the name of the town to remove such occupant. The action to vacate the dwelling
shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming
as parties -defendant any person occupying such dwelling. The clerk of superior court shall issue
a summons requiring the defendant to appear before a magistrate at a certain time, date, and
place not to exceed ten (10) days from the issuance of the summons to answer the complaint.
The summons and complaint shall be served as provided in G.S. Section 42-29. The summons
shall be returned according to its tenor, and if on its return it appears to have been duly served,
and if at the hearing the inspector produces a certified copy of an ordinance adopted by the City
Council pursuant to Article 23-19.4 authorizing the inspector to proceed to vacate the occupied
dwelling, the magistrate shall enter judgement ordering that the premises be vacated and that
all persons be removed. The judgement ordering that the dwelling be vacated shall be enforced
in the same manner as the judgement for summary ejectment entered under G.S. Section 42-30.
An appeal from any judgement entered hereunder by the magistrate may be taken as provided
in G.S. Section 7A-228 and the execution of such judgement may be stayed as provided in G.S.
Section 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may
not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such
occupant was served with notice at least thirty (30) days before the filing of the summary
ejectment proceeding that the City Council has ordered the inspector to proceed to exercise his
duties under Article 23-19 to vacate and close or remove and demolish the dwelling.
(Ord. No. 1993-23, § 1, 7-13-93)
23-26 Conflict with Other Provisions
If any provision, standard, or requirement of this Article is found to be in conflict with any
provision of any other ordinance, provision, or code of the town, the provision that establishes
the higher standards or more stringent requirements for the promotion and protection of the
health and safety of the residents of the town shall prevail.
(Code 1973, § 11-25; Ord. No. 1993-23, § 1, 7-13-93)
23-17

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ARTICLE 24. AMENDMENTS'
24-1 Who May Petition
A petition for a zoning amendment may be initiated by the City Council, the Planning
Board, any department or agency of the town, or the owner of any property within the zoning
jurisdiction of the Town of Morehead City, North Carolina.
' 24-2 Fee
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A fee to be set by the City Council shall be paid to the Town of Morehead City for each
application for an amendment to this Ordinance to cover the costs of advertising and other
administrative expenses involved.
24-3 Application Procedure
Any application for an amendment to this Ordinance shall be filed with the administrator
of this Ordinance at least twenty-one (21) calendar days prior to the date on which it is to be
introduced to the Planning Board. The administrator of this Ordinance shall be responsible for
presenting the application to the Planning Board. Each application shall be signed and shall
contain at least the following information:
24-3.1 The applicant's name in full, applicant's address, and description of the
property to be rezoned;
24-3.2 Applicant's interest in the property and type of rezoning or amendment
requested:
24-3.3 If the proposed change would require a change in the zoning map, an
accurate diagram of the property proposed for rezoning showing:
(A) All adjoining property lines with dimensions and north arrow;
(B) Adjoining streets with rights -of -way and paving widths;
'State Law Reference —Changes in zoning regulations, G.S. §§ 160A-364, 160A-385.
24-1

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(C) The location of all structures;
(D) The use of all land;
(E) Zoning classification of all abutting zoning districts.
24-3.3 A statement regarding the change in conditions as opposed to those
proposed and set forth in the Morehead City Land Use Plan, in the planning
area or in the town, generally, that make the proposed amendment
reasonably necessary to the promotion of the public health, safety, and
general welfare.
24-4 Proposed Amendments to be Submitted to Planning Board for Recommendation
Unless initiated by the Planning Board, the City Council shall submit all proposed
amendments to the Unified Development Ordinance to the Planning Board for review and
recommendation. The Planning Board shall have forty-five (45) days from the time it received the
proposed change to submit its report. If the Planning Board fails to submit a report within the
above period, it shall be deemed to have approved the proposed amendment.
24-5 Required Public Hearing
, A public hearing shall be held by the City Council before the adoption of any proposed
amendment to the Unified Development Ordinance. A notice of such public hearing shall be given
once a week for two (2) consecutive calendar weeks in a newspaper of general circulation in the
Town of Morehead City; the notice shall be published not more than twenty-five (25) days nor less
than fifteen (15) days prior to the date established for such public hearing.
246 Petition Withdrawal
Any petition for an amendment to this Ordinance may be withdrawn up to two (2) weeks
prior to the public hearing by the person initiating such a request, upon written notice to the City
Manager.
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' 24-7 Reconsideration
' If the applicant withdraws his application following the recommendation of the Planning
Board, the town shall not thereafter accept any other application for the same change of zoning
affecting the same property, or any portion thereof, until the expiration of six (6) months from
the date of such previous withdrawal; or when the City Council shall have denied any application
' for the change of any zoning district, the town shall not thereafter accept any other application
for the same change of zoning affecting the same property, or any portion thereof, until the
expiration of six (6) months from the date of such previous denial.
' 24-8 Protest Against an Amendment
1 In the case of a protest against an amendment, supplement, change, modification, or
repeal signed by the owners of twenty (20) percent or more of the area of the lots included in
' such proposed change, or of those immediately adjacent thereto either in the rear thereof, or on
either side thereof, extending one hundred (100) feet therefrom, or of those directly opposite
' thereto extending one hundred (100) feet from the street frontage of such opposite lots, such
amendment shall not become effective except by favorable vote of three -fourths of all members
' of the City Council.
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Appendix I
STANDARD'INDUSTR.IAL CLASSIFICATION (SIC) SYSTEM
20 FOOD AND KINDRED PRODUCTS
201
Meat
Products
2011
Meat Packing Plants
2013
Sausages and Other Prepared Meat Products
2015
Poultry Slaughtering and Processing
202
Dairy
Products
2021
Creamery Butter
2022
Natural, Processed, and Imitation Cheese
2023
Condensed and Evaporated Dairy Products
2024
Ice Cream and Frozen Desserts
2026
Fluid Milk
203
Canned, Frozen, and Preserved Fruits and Vegetables
2032
Canned Specialties
2033
Canned Fruits, Vegetables, Jams, Preserves and Jellies
2034
Dried and Dehydrated Fruits, Vegetables and Soup Mixes .
2035
Pickled Fruits and Vegetables, Vegetable Sauces and Seasonings and
Salad Dressings
2037
Frozen Fruits, Fruit Juices and Vegetables
2038
Frozen Specialties, N E C
204
Grain
Mill Products
2041
Flour and Other Grain Mill Products
2043
Cereal Breakfast Foods
2044
Rice Milling
2045
Prepared Flour Mixes and Doughs
2046
Wet Corn Milling
2047
Dog and Cat Food
2048
Prepared Feeds and Ingredients For Animals and Fowls, Except Dog and
Cat Food
205
Bakery Products
2051
Bread and Other Bakery Products, Except Cookies and Crackers
2052
Cookies and Crackers
2053
Frozen Bakery Products, Except Bread
206
Sugar
and Confectionery Products
2061
Cane Sugar, Except Refining
2062
Cane Sugar Refining
2063
Beet Sugar
2064
Candy and Other Confectionery Products
2066
Chocolate and Cocoa Products
2067
Chewing Gum
20068
Salted and Roasted Nuts and Seeds
207
Fats and Oils
2074
Cottonseed Oil Mills '
2075
Soybean Oil Mills
2076
Vegetable Oil Mills, Except Corn, Cottonseed and Soybean
2077
Animal and Marine Fats and Oils
2079
Edible Table Fats and Oils, N E C
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208 Beverages
2082
Malt Beverages
2083
Malt
2084
Wines, Brandy and Brandy Spirits
2085
Distilled and Blended Liquors
2086
Bottled and Canned Soft Drinks and Carbonated Waters
2087
Flavoring Extracts and Syrups, N E C
209 Miscellaneous Food Preparations and Kindred Products
2091
Canned and Cured Fish and Seafoods
2092
Prepared Fresh or Frozen Fish and Seafoods
2095
Roasted Coffee
2096
Potato Chips, Corn Chips and Similar Snacks
2097
Manufactured Ice
2098
Macaroni, Spaghetti, Vermicelli and Noodles
2099
Food Preparations, N E C
21, TOBACCO PRODUCTS
211 Cigarettes
2111 Cigarettes
212 Cigars
2121 Cigars
213 Chewing and Smoking Tobacco and Snuff
2131 Chewing and Smoking Tobacco and Snuff
214 Tobacco Stemming and Redrying
2141 Tobacco Stemming and Redrying
22 TEXTILE MILL PRODUCTS
211 Broad Woven Fabric Mills, Cotton
2211 Broad Woven Fabric Mills, Cotton
222 Broad Woven Fabric Mills, Manmade Fiber and Silk
2221 Broad Woven Fabric Mills, Manmade Fiber and Silk
223 Broad Woven Fabric Mills, Wool (Including Dyeing and Finishing)
2231 Broad Woven Fabric Mills, Wood (Including Dyeing and Finishing)
224 Narrow Fabric and Other Smailwares Mills; Cotton, Wool, Silk and
Manmade Fiber
2241 Narrow Fabric Mills
225 Knitting Mills
2251 Womens Full -Length and Knee -Length Hosiery, Except Socks
2252 Hosiery, N E C
2253 Knit Outerwear Mills
2254 Knit Underwear and Nightwear Mills
2257 Weft Knit Fabric Mills
2258 Lace and Warp Knit Fabric Mills
2259 Knitting Mills, N E C
226 Dyeing and Finishing Textiles, Except Wool Fabrics and Knit Goods
2261 Finishers of Broadwoven Fabrics of Cotton
2262 Finishers of Broadwoven Fabrics of Manmade Fiber and Silk
2269 Finishers of Textiles, N E C
227 Carpets and Rugs
2273 Carpets and Rugs

F
228
Yarn and Thread Mills
2281 Yarn Spinning Mills
2282 Yarn Texturizing, Throwing, Twisting and Winding Mills
2284 Thread Mills
'
229
Miscellaneous Textile Goods
2295 Coated Fabrics, Not Rubberized
'
2296 Tire Cord and Fabrics
2297 Nonwoven Fabrics
2298 Cordage and Twine
2299 Textile Goods, N E C
23 APPAREL AND OTHER FINISHED TEXTILE PRODUCTS
231
Mens and Boys Suits, Coats and Overcoats
2311 Mens and Boys Suits, Coats and Overcoats
'
232
Mena and Boys Furnishings, Work Clothing . Allied Garments
2321 Mena and Boys Shirts, Except Work Shirts
'
2322 Mens and Boys Underwear and Nightwear
2323 Mena and Boys Neckwear
2325 Mans and Boys Separate Trousers and Slacks
2326 Mens and Boys Work Clothing
'
2329 Mans and Boys Clothing, N E C
233
Womens, Misses and Juniors Outerwear
2331 Womens, Misses and Juniors Blouses and Shirts
2335 Womens, Misses and Juniors Dresses
'
2337 Womens, Misses and Juniors Suits, Skirts and Coats
2339 Womens, Misses and Juniors Outerwear, N E C
234
Womens, Misses, Children and Infants Undergarments
2341 Womens, Misses, Children and Infants Underwear and Nightwear
2342 Brassieres, Girdles and Allied Garments
235
Hats, Caps and Millinery
2353 Hats, Caps and Millinery
236
Girls, Children and Infants Outerwear
2361 Girls, Childrens and Infants Dresses, Blouses and Shirts
2369 Girls, Childrens and Infants Outerwear, N E C
'
237
Fur Goods
2371 Fur Goods
238
Miscellaneous Apparel and Accessories
2381 Dress and Work Gloves, Except Knit and All -Leather
2384 Robes and Dressing Gown
2385 Waterproof Outerwear
2386 Leather and Sheep -Lined Clothing
2337 Apparel Belts
2389 Apparel and Accessories, N E C
239
Miscellaneous Fabricated Textile Products
2391 Curtains and Draperies
2392 Housefurnishings, Except Curtains and Draperies
2393 Textile Bags
2394 Canvas and Related Products
2395 Decorative, Pleating and Novelty Stitching
1

2396 Automotive Trimmings, Apparel Findings and Related Products
2397 Schiffli Machine Embroideries
2399 Fabricated Textile Products, N E C
24 LUMBER AND WOOD PRODUCTS, EXCEPT FURNITURE
241 Logging
2411 Logging
242 Sawmills and Planing Mills
2421 Sawmills and Planing Mills, General
2426 Hardwood Dimension and Flooring Mills
2429 Special Product Sawmills, N E C
243 Millwork, Veneer, Plywood and Structural Wood Members
2431 Millwork
2434 Wood Kitchen Cabinets
2435 Hardwood Veneer and Plywood
2436 Softwood Veneer and Plywood
2439 Structural Wood Members, N E C
244 Wood Containers
2441 Nailed and Lock Corner Wood Boxes ind Shook
2448 Wood Pallets and Skids
2449 Wood Containers, N E C
245 Wood Buildings and Mobile Homes
2451 Mobile Homes
2452 Prefabricated Wood Buildings and Cc mponents
249 Miscellaneous Wood Products
2491 Wood Preserving
2493 Reconstituted Wood Products
2499 Wood Products, N E C
25 FURNITURE AND FIXTURES
251 Household Furniture
2511 Wood Household Furniture, Except L:?holstered
2512 Wood Household Furniture, Upholster ed
2514 Metal Household Furniture
2515 Mattresses, Foundations and Convert:'ole Beds
2517 Wood Cabinets For TV, Radio, Phonc- aph and Sewing Machines
2519 Household Furniture, N E C
252 Office Furniture
2521 Wood Office Furniture
2522 Office Furniture, Excepted Wood
253 Public Building and Related Furniture
2531 Public Building and Related Furnitu. a
254 Partitions, Shelving, Lockers and Office and Store Fixtures
2541 Wood Office and Store Fixtures, Part:•.fons, Shelving and Lockers
2542 Office and Store Fixtures, Except Wo..d
259 Miscellaneous Furniture and Fixtures
2591 Drapery Hardware and Window Blinc.s and Shades
2599 Furniture and Fixtures, N E C

I
26 PAPER AND ALLIED PRODUCTS
'
261
Pulp Mills
2611 Pulp Mills
262
Paper Mills
'
2621 Paper Mills
263
Paperboard Mills
2631 Paperboard Mills
265
Paperboard Containers and Boxes
2652 Setup Paperboard Boxes
2653 Corrugated and Solid Fiber Boxes
2655 Fiber Cans, 'Vibes, Drums and Similar Products
'
2656 Sanitary Food Containers, Except Folding
2657 Folding Paperboard Boxes, Including Sanitary
267
Converted Paper and Paperboard Products, Except Containers and Boxes
'
2671 Packaging Paper and Plastics Film, Coated and Laminated
2672 Coated and Laminated Paper, N E C
2673 Plastics, Foil and Coated Paper Bags
'
2674 Uncoated Paper and Multiwall Bags
2675 Die -cut Paper and Paperboard and Cardboard
2676 Sanitary Paper Products
2677 Envelopes
'
2678 Stationery, Tablets and Related Products
2679 Converted Paper and Paperboard Products, N E C
'
27 PRINTING, PUBLISHING AND ALLE n INDUSTRIES
271
Newspapers: Publishing and Printing
2711 Newspapers: Publishing and Printing
'
272
Periodicals: Publishing and Printing
2721 Periodicals: Publishing and Printing
273
Books
2731 Books: Publishing and Printing
'
2732 Book Printing
274
Miscellaneous Publishing
'
275
2741 Miscellaneous Publishing
Commercial Printing
2752 Commercial Printing, Lithographic
2754 Commercial Printing, Gravure
'
2759 Commercial Printing, N E C
276
Manifold Business Forms,
2761 Manifold Business Forms
277
Greeting Cards
'
2771 Greeting Cards
278
Blankbooks, Looseleaf Binders, Bookbinding, Etc.
2782 Blankbooks, Looseleaf Binders and Devices
2789 Bookbinding and Related Work
279
Service Industries For the Printing Trade
2791 Typesetting
2796 Platemaking and Related Services
1

28 CHEMICALS AND ALLIED PRODUCTS
,
281
Industrial Inorganic Chemicals.
2812 Alkalies and Chlorine
2813 Industrial Gases
2816 Inorganic Pigments
'
2819 Industrial Inorganic Chemicals, N E C
282
Plastics Materials, Synthetic Resins, Synthetic Rubber
2821 Plastics Materials, Synthetic Resins and Nonvulcanizable Elastomers
'
2822 Synthetic Rubber (Vulcanizable Elastomers)
2823 Cellulosic Manmade Fibers
2824 Manmade Organic Fibers, Except Cellulosic
,
283
Drugs
2833 Medicinal Chemicals and Botanical Products
2834 Pharmaceutical Preparations
2835 In Vitro and In Vivo Diagnostic Substances
'
2836 Biological Products, Except Diagnostic Substances
284
Soap, Detergents and Cleaning Preparations; Perfumes, Cosmetics and
Other Toilet Preparations
'
2841 Soap and Other Detergents, Except Specialty Cleaners
2842 Specialty Cleaning, Polishing and Sanitation Preparations
2843 Surface Active Agents, Sulfonated Oils and Assistants
2844 Perfumes, Cosmetics and Other Toilet Preparations
'
285
Paints, Varnishes, Lacquers, Enamels and Allied Products
2851 Paints, Varnishes, Lacquers, Enamels and Allied Products
286
Industrial Organic Chemicals
'
2861 Gum and Wood Chemicals
2865 Cyclic Organic Crudes and Intermediates, Dyes and Pigments
2869 Industrial Organic Chemicals, N E C
'
287
Agricultural Chemicals
2873 Nitrogenous Fertilizers
2874 Phosphatic Fertilizers
2875 Fertilizers, Mixing Only
,
2879 Pesticides and Agricultural Chemicals, N E C
289
Miscellaneous Chemical Products
2891 Adhesives and Sealants
'
2892 Explosives
2893 Printing Ink
2895 Carbon Black
,
2869 Chemicals and Chemical Preparations, N E C
29 PETROLEUM REFINING AND RELATED INDUSTRIES
291
Petroleum Refining
'
2911 Petroleum Refining
295
Asphalt Paving and Roofing Materials
2951 Asphalt Paving Mixtures and Blocks
'
2952 Asphalt Felts and Coatings
299 •
Miscellaneous Products of Petroleum and Coal
2992 Lubricating Oils and Greases
'
2999 Products of Petroleum and Coal, N E C
P
I

I
'
30 RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS
301
Tires and Inner Tubes
3011 Tires and Inner Tubes
'
302
Rubber and Plastics Footwear
3021 Rubber and Plastics Footwear
305
Gaskets, Packing and Sealing Devices
3052 Rubber and Plastics Hose and Belting
'
3053 Gaskets, Packing, and Sealing Devices
306
Fabricated Rubber Products, N E C
3061 Molded, Extruded and Lathe -cut Mechanical Rubber Goods
'
3069 Fabricated Rubber Products, N E C
308
Miscellaneous Plastics Products
3081 Unsupported Plastics Film and Sheet
'
3082 Unsupported Plastics Profile Shapes
3083 Laminated Plastics Plate, Sheet and Profile Shapes
3084 Plastics Pipe
3085 Plastics Bottles
'
3086 Plastics Foam Products
3087 Custom Compounding of Purchased Plastics Resins .
3088 Plastics Plumbing Fixtures
'
3089 Plastics Products, N E C
31 LEATHER AND LEATHER PRODUCTS
'
311
Leather Tanning and Finishing
3111 Leather Tanning and Finishing
313
Boot and Shoe Cut Stock and Findings
3131 Boot and Shoe Cut Stock and Findings
'
314
Footwear, Except Rubber
3142 House Slippers
'
3143 Mena Footwear, Except Athletic
3144 Womens Footwear, Except Athletic
3149 Footwear, Except Rubber, N E C
315
Leather Gloves and Mittens
3151 Leather Gloves and Mittens
316
Luggage
3161 Luggage
317
Handbags and Other Personal Leather Goods
'
3171 Womens Handbags and Purses
3172 Personal Leather Goods, Except Womens Handbags and Purses
'
319
Leather Goods, N E C
3199 Leather Goods, N E C
32 STONE, CLAY, GLASS AND CONCRETE PRODUCTS
'
321
Flat Glass
3211 Flat Glass
322
Glass and Glassware, Pressed Or Blown
3221 Glass Containers
'
3229 Pressed and Blown Glass and Glassware, N E C
323
Glass Products, Made of Purchased Glass
3231 Glass Products, Made of Purchased Glass

324
Cement, Hydraulic
3241
Cement, Hydraulic
325
Structural Clay Products
3251
Brick and Structural Clay Tile
3253
Ceramic Wall and Floor Tile
3255
Clay Refractories
3259
Structural Clay Products, N E C
326
Pottery and Related Products
3261
Vitreous China Plumbing Fixtures and Accessories
3262
Vitreous China Table and Kitchen Articles
3263
Fine Earthenware, Whiteware, Table and Kitchen Articles
3264
Porcelain Electrical Supplies
3269
Pottery Products, N E C
327
Concrete, Gypsum and Plaster Products
3271
Concrete Block and Brick
3272
Concrete Products, Except Block and Brick
3273
Ready -Mixed Concrete
3274
Lime
3275
Gypsum Products
328
Cut Stone and Stone Products
3281
Cut Stone and Stone Products
329
Abrasive, Asbestos and Nonmetallic Mineral Products
3291
Abrasive Products
3292
Asbestos Products
3295
Minerals and Earths, Ground or Otherwise Treated
3296
Mineral Wool
3297
Nonclay Refractories
3299
Nonmetallic Mineral Products, N E C
33 PRIMARY METAL INDUSTRIES
331
Blast
Furnaces, Steel Works and Rolling and Finishing Mills
3312
Blast Furnaces, Steel Works and Rolling Mills
3313
Electrometallurgical Products, Except Steel
3315
Steel Wiredrawing and Steel Nails and Spikes
3316
Cold -Rolled Steel Sheet, Strip and Bars
3317
Steel Pipe and Tubes
332
Iron and Steel Foundries
3321
Gray and Ductile Iron Foundries
3322
Malleable Iron Foundries'
3324
Steel Investment Foundries
3325
Steel Foundries, N E C
333
Primary Smelting and Refining of Nonferrous Metals
3331
Primary Smelting and Refining of Copper
3334
Primary Production of Aluminum
3339
Primary Smelting and Refining of Nonferrous Metals, N E C
334
Secondary
Smelting and Refining of Nonferrous Metals
3341
Secondary Smelting and Refining of Nonferrous Metals
335
Rolling, Drawing and Extruding of Nonferrous Metals
3351
Rolling, Drawing and Extruding of Copper.
3353
Aluminum Sheet, Plate and Foil

3354
Aluminum Extruded Products
3355
Aluminum Rolling and Drawing, N E C
3356
Rolling, Drawing and Extruding of Nonferrous Metals, N E C
3357
Drawing and Insulating of Nonferrous Wire
336
Nonferrous Foundries (Castings)
3363
Aluminum Die -Castings
3364
Nonferrous Die -Casting, Except Aluminum
3365
Aluminum Foundries
3366
Copper Foundries
3369
Nonferrous Foundries, Except Aluminum and Copper
339
Miscellaneous Primary Metal Products
3398
Metal Heat Treating
3399
Primary Metal Products, N E C
34 FABRICATED METAL PRODUCTS EXCEPT HEAVY EQUIPMENT
341
Metal
Cans and Shipping Containers
3411
Metal Cans
3412
Metal Shipping Barrels, Drums, Kegs and Pails
342
Cutlery, Handtools and General Hardware
3421
Cutlery
3423
Hand and Edge Tools, Except Machine Tools and Handsaws •.
3425
Saw Blades and Handsaws
3429
Hardware, N E C
343
Plumbing and Heating Equipment Except Electric and Warm Air
3431
Enameled Iron and Metal Sanitary Ware
3432
Plumbing Fixture Fittings and Trim
3433
Heating Equipment, Except Warm Air and Electric Furnaces
344
Fabricated Structural Metal Products
3441
Fabricated Structural Metal
3442
Metal Doors, Sash, Frames, Trim and Molding
3443
Fabricated Plate Work (Boiler Shops)
3444
Sheet Metal Work
3446
Architectural and Ornamental Metal Work
3448
Prefabricated Metal Buildings and Components
3449
Miscellaneous Structural Metal Work
345
Screw Machine Products and Nuts, Screws, Rivets and Washers
3451
Screw Machine Products
3452
Bolts, Nuts, Screws, Rivets and Washers
346
Metal
Forgings and Stampings
3462
Iron and Steel Forgings
3463
Nonferrous Forgings
3465
Automotive Stampings
3466
Crowns and Closures
3469
Metal Stampings, N E C
347 .
Coating, Engraving and Allied Services
3471
Electroplating, Plating, Coloring, Polishing and Anodizing
3479
Coating, Engraving and Allied Services, N E C
348
Ordnance and Accessories, Except Vehicles and Guided Missiles
3482
Small Arms Ammunition
3483
Ammunition, Except For Small Arms

3484
Small Arms
3489
Ordnance and Accessories, N E C
349
Miscellaneous Fabricated Metal Products
3491
Industrial Valves
3492
Fluid Power Valves and Hose Fittings
3493
Steel Springs, Except Wire
3494
Valves and Pipe Fittings, N E C
3495
Wire Springs
3496
Miscellaneous Fabricated Wire Products
3497
Metal Foil and Leaf
3498
Fabricated Pipe and Pipe Fittings
3499
Fabricated Metal Products, N E C
35 INDUSTRIAL
AND COMMERCIAL MACHINERY AND COMPUTER
EQUIPMENT
351
Engines and Turbines
3511
Steam, Gas and Hydraulic Turbines and Generator Units
3519
Internal Combustion Engines, N E C
352
Farm
and Garden Machinery and Equipment
3523
Farm Machinery and Equipment
3524
Garden Tractors and Lawn and Garden Equipment
353
Construction,
Mining and Materials Handling Machinery
3531
Construction Machinery and Equipment
3532
Mining Machinery, Except Oil Field Machinery and Equipment
3533
Oil and Gas Field Machinery and Equipment
3534
Elevators and Moving Stairways
3535
Conveyors and Conveying Equipment
3536
Overhead Traveling Cranes, Hoists and Monorail Systems
3537
Industrial Trucks, Tractors, Trailers and Stackers
354
Metalworking Machinery and Equipment
3541
Machine Tools, Metal Cutting Types
3542
Machine Tools, Metal Forming Types
3543
Industrial Patterns
3544
Special Dies and Tools, Jigs and Fixtures and Industrial Molds
3545
Machine Tool Accessories and Measuring Devices
3546
Power -Driven Handtools
3547
Rolling Mill Machinery and Equipment
3548
Electric and Gas Welding and Soldering Equipment
3549
Metalworking Machinery, N E C
355
Special Industry Machinery, Except Metalworking Machinery
3552
Textile Machinery
3553
Woodworking Machinery .
3554
Paper Industries Machinery
3555
Printing Trades Machinery and Equipment
3556
Food Products Machinery
3559
Special Industry Machinery, N E C
356
General Industrial Machinery and Equipment
3561
Pumps and Pumping Equipment
3562
Ball and Roller Bearings
3563
Air and Gas Compressors

1
3564
Fans and Blowers and Air Purification Equipment
3565
Packaging Machinery
3566
Speed Changers, Industrial -High Speed Drives and Gears
'
3567
Industrial Process Furnaces and Ovens
3568
Mechanical Power Transmission Equipment, N E C
3569
General Industrial Machinery and Equipment, N E C
357
Computer and Office Equipment
3571
Electronic Computers
3572
Computer Storage Devices
3575
Computer Terminals
'
3577
Computer Peripheral Equipment, N E C
3578
Calculating and Accounting Machines, Except Computers
3579
Ofrice Machines, N E C
358
Refrigeration and Service Industry Machinery
3581
Automatic Vending Machines
3582
Commercial Laundry, Dry Cleaning and Pressing Machines
3585
Air -Conditioning, Warm Air Heating and Refrigeration Equipment
'
3586
Measuring and Dispensing Pumps
3589
Service Industry Machines, N E C
359
. Miscellaneous Industrial and Commercial Machinery and Equipment
'
3592
Carburetors, Pistons, Piston Rings and Valves
3593
Fluid Power Cylinders and Actuators
3594
Fluid Power Pumps and Motors
'
3596
Scales and Balances Except Laboratory
3599
Industrial and Commercial Machinery and Equipment, N E C
36 ELECTRONIC AND OTHER ELECTRICAL EQU PMENT
361
Electric Transmission and Distribution Equipment
3612
Power, Distribution and Specialty Transformers
'
362
3613 Switchgear and Switchboard Apparatus
Electrical Industrial Apparatus
3621
Motors and Generators
3624
Carbon and Graphite Products
'
3625
Relays and Industrial Controls
3629
Electrical Industrial Apparatus, N E C
363
Household Appliances
3631
Household Cooking Equipment
'
3632
Household Refrigerators and Home and Farm Freezers
3633
Household Laundry Equipment
'
3634
3635
Electric Housewares and Fans
Household Vacuum Cleaners
3639
Household Appliances, N E C
364
Electric Lighting and Wiring Equipment
'
3641
Electric Lamp Bulbs and Tubes
3643
Current -Carrying Wiring Devices
3644
Noncurrent -Carrying Wiring Devices
3645
Residential Electric Lighting Fixtures '
'
3646
Industrial and Institutional Electric Lighting Fixtures
3647
Vehicular Lighting Equipment
'
3648
Lighting Equipment, N E C

365
Household Audio and Video Equipment and Audio Recordings
3651
Household Audio and Video Equipment
3652
Prerecorded Audio Tapes and Disks and Phonograph Records
366
Communications Equipment
3661
Telephone and Telegraph Apparatus
3663
Radio and TV Broadcasting and Communications Equipment
3669
Communications Equipment, N E C
367
Electronic Components and Accessories
3671
Electron Tubes
3672
Printed Circuit Boards
3674
Semiconductors and Related Devices
3675
Electronic Capacitors
3676
Electronic Resistors
3677
Electronic Coils, Transformers and Other Inductors
3678
Electronic Connectors
3679
Electronic Components, N E C
369
Miscellaneous Electrical Machinery and Supplies
3691
Storage Batteries
3692
Primary Batteries Dry and Wet
3694
Electrical Equipment For Internal Combustion Engines
3695
Magnetic and Optical Recording Media
3699
Electrical Machinery, Equipment and Supplies, N E C
37 TRANSPORTATION EQUIPMENT
371
Motor Vehicles and Motor Vehicle Equipment
3711
Motor Vehicles and Passenger Car Bodies
3713
Truck and Bus Bodies
3714
Motor Vehicle Parts and Accessories
3715
Truck Trailers
3716
Motor Homes
372
Aircraft and Parts
3721
Aircraft
3724
Aircraft Engines and Engine Parts
3728
Aircraft Parts and Auxiliary Equipment, N E C
373
Ship and Boat Building and Repairing
3731
Ship Building and Repairing
3732
Boat Building and Repairing
374
Railroad Equipment
3743
Railroad Equipment
375
Motorcycles, Bicycles and Parts
3751
Motorcycles, Bicycles and Parts
376
Guided
Missiles and Space Vehicles and Parts
3761
Guided Missiles and Space Vehicles
3764
Guided Missile and Space Vehicle Propulsion Unit Parts
3769
Guided Missile and Space Parts and Auxiliary Equipment, N E C
379
Miscellaneous Transportation Equipment
3792
Travel Trailers and Campers
3795
Tanks and Tank Components
3799
Transportation Equipment, N E C

I
C
1
F
H
H
H
[1
1
38 MEASURING, ANALYZING AND CONTROLLING INSTRUMENTS
381 Search, Detection, Nautical and Aeronautical Systems
3812 Search, Detection, Nautical and Aeronautical Systems
382 Laboratory Apparatus and Controlling Instruments
3821 Laboratory Apparatus and Furniture
3822 Automatic Controls For Environments and Appliances
3823 Industrial Instruments For Measurement, Display and Control of Process
Variables
3824 Totalizing Fluid Meters and Counting Devices
3825 Instruments For Measuring and Testing Electricity and Signals
3826 Laboratory Analytical Instruments
3827 Optical Instruments and Lenses
3829 Measuring and Controlling Devices, N E C
384 Surgical, Medical and Dental Instruments and Supplies
3841 Surgical and Medical Instruments and Apparatus
3842 Orthopedic, Prosthetic and Surgical Appliances
3843 Dental Equipment and Supplies
3844 X-ray Apparatus and Tubes and Related Irradiation Apparatus
3845 Electromedicaland Electrotherapeutic Apparatus
385 Ophthalmic Goods
3851 Ophthalmic Goods
386 Photographic Equipment and Supplies
3861 Photographic Equipment and Supplies
387 Watches, Clocks, Clockwork Operated Devices and Parts
3873 Watches, Clocks, Clockwork Operated Devices and Parts
39 MISCELLANEOUS MANUFACTURING INDUSTRIES
391 Jewelry, Silverware and Plated Ware
3911 Jewelry, Precious Metal
3914 Silverware, Plated Ware and Stainless Steel Ware
3915 Jewelers' Findings and Materials and Lapidary Work
393 Musical Instruments
3931 Musical Instruments
394 Dolls, Toys, Games and Sporting and Athletic Goods
3942 Dolls and Stuffed Toys
3944 Children's Vehicles, Games and Toys, Except Dolls and Bicycles
3949 Sporting and Athletic Goods, N E C
395 Pens, Pencils and Other Artists Materials
3951 Pens, Mechanical Pencils and Parts
3952 Lead Pencils, Crayons and Artists Materials
3953 Marking Devices
3955 Carbon Paper and Inked Ribbons
396 Costume Jewelry, Novelties, Buttons and Notions
3961 Costume Jewelry and Costume Novelties, Except Precious Metal
3965 Fasteners, Buttons, Needles and Pins
399 Miscellaneous Manufacturing Industries
3991 Brooms and Brushes
3993 Signs and Advertising Specialties
3995 Burial Caskets
3996 Hard Surface Floor Coverings, N E C
3999 Manufacturing Industries, N E C

I
I
A-1: In General
II
' A-2
APPENDIX II
INFORMATION REQUIRED WITH APPLICATIONS
A-1.1 As provided in Article 4-4, it is presumed that all of the information listed in this
appendix must be submitted with an application for a zoning or special -use permit
to enable the permit -issuing authority to determine whether the development, if
completed as proposed, will comply with all the requirements of this Ordinance.
As set forth in Article 5-2. applications for variances are subject to the same
provisions. However, the permit -issuing authority may require more information
or accept as sufficient less information according to the circumstances of the
particular case. A developer who believes information presumptively required by
this appendix is unnecessary shall contact the planning staff for an interpretation.
A-1.2 As also provided in Article 4-4, the administrator shall develop application
processes, including standard forms, to simplify and expedite applications for
simple developments that do not require the full range of information called for
in this appendix. In particular, developers seeking only permission to construct
single-family or two-family residences or to construct new or modify existing signs
should contact the administrator for standard forms.
Written Application
Every applicant for a variance or a zoning or special -use permit shall complete a written
application containing at least the following information:
' A-2.1 The name, address, and phone number of the applicant.
' A-2.2 If the applicant is not the owner of the property in question, (i) the name, address,
and phone number of the owner, and (ii) the legal relationship of the applicant to
the owner that entitles the applicant to make application.
A-2.3 The date of the application.
'
A-2.4
Identification of the particular permit sought.
A-2.5
A succinct statement of the nature of the development proposed under the permit
'
or the nature of the variance.
A-2.6
Identification of the property in question by street address and tax map reference.
'
A-2.7
The zoning district within which the property lies.
'
A-2.8
The number of square feet in the lot where the development is to take place.
'
A-1

A-2.9 The gross floor area of all existing or proposed buildings located on the lot where '
the development is to take place.
A-2.101f the proposed development is a two-family or multifamily residential
development or an architecturally integrated subdivision, the number of one-,
two-, three-, or four -bedroom dwelling units proposed for construction. t
A-3 Development Site Plans '
Subject to Section A-1 ofthis appendix, every application fora variance, zoning, or special -
use permit shall contain plans that locate the development site and graphically demonstrate '
existing and proposed natural, manmade, and legal features on and near the site in question, all
in conformity with Sections A-4 through A-6 of this appendix.
A-4 Graphic Materials Required for Plans ,
A-4.1 The plans shall include a location map that shows the location of the project in the '
broad context of the town or planning jurisdiction. This location map may be
drawn on the development site plans or it may be furnished separately using
reduced copies of maps of the town's planning jurisdiction available at the ,
planning and inspections department.
A-4.2 Development site plans shall be drawn to scale, using such a scale that all features '
required to be shown on the plans are readily discernible. Very large
developments may require that plans show the development in sections to
accomplish this objective without resort to plans that are so large as to be '
cumbersome, or the objective may be accomplished by using different plans or
plans drawn to different scales to illustrate different features. In all cases, the
permit -issuing authority shall make the final determination whether the plans '
submitted are drawn to the appropriate scale, but the applicant for a conditional -
or special -use permit may rely in the first instance on the recommendations of the
administration. '
A-4.3 Development site plans should show on the first page the following information: '
(A) Name of applicant.
(B) Name of development (if any). '
(C) North arrow.
'
(D) Legend.
'
(E) Scale.
A-2 '

A-4.4 All of the features required to be shown on plans by Sections A-5 and A-6 maybe
included on one set of plans, so long as the features are distinctly discernible.
A-5 Existing Natural, Manmade, and Legal Features
'
A-5.1 Development sites plans shall show all existing natural, manmade, and legal
features on the lot where the development is to take place, including, but not
limited to, those listed below. In addition, the plans shall also show those
features, indicated in the following by an asterisk, that are located within 50 feet
in any direction of the lot where the development is to take place, and shall
specify (by reference to the Table of Permissible Uses or otherwise) the use made
'
of adjoining properties.
'
A-5.2 Existing natural features.
(A) Tree line of wooded areas.
(B) Individual trees 18 inches in diameter or more, identified by common or
scientific name.
(C) Location ofCAMAAEC's and 404wetlands, flood hazard zones, and natural
features affecting the site.
(D) if the proposed development is located within any Zone A on the flood
insurance rate map, base flood elevation data (see Article 18).
*(E)
Contour lines (shown as dotted lines) with no larger than two -foot contour
intervals. (As indicated in Subsection A-6.2(Q), proposed contour lines shall
1
be shown as solid lines).
'
A-5.3 Existing manmade features.
*(A)
Vehicle accommodation areas (including parking areas, loading areas, and
'
circulation areas, see Article 20), all designated by surface material and
showing the layout of existing parking spaces and direction of travel lanes,
aisles, or driveways.
'
(B)
Streets, private roads, sidewalks, and other walkways, all designated by
surface material.
'
(C)
Curbs and gutters, curb inlets and curb cuts, and drainage grates.
'
(D)
Other stormwater or drainage facilities, including manholes, pipes, and
drainage ditches.
' A-3

Ij
6Ld
(E) Underground utility lines, including water, sewer, electric power, ,
telephone, gas, cable television.
(F) Aboveground utility lines and other utility facilities.
'(G) Fire hydrants. '
•(H) Buildings, structures, and signs (including dimensions of each).
(1) Location of exterior light fixtures. '
•Q) Location of dumpsters. '
A-5.4 Existing legal features.
(A) The zoning of the property, including zoning district lines where ,
applicable. '
(B) Property lines (with dimensions identified).
(C) Street right-of-way lines. '
(D) Utility or other easement lines.
'
Proposed Changes in Existing Features or New Features
A-6.1 Development site plans shall show proposed changes in existing natural features
(see A-5(b)), existing manmade features (see A-5(c)), and existing legal features (see
A-5(d)).
'
A-6.2 Development site plans shall also show proposed new legal features (especially
new property lines, street right-of-way lines, and utility and other easements), as
'
well as proposed man-made features, including, but not limited to, the following:
(A) The number of square feet in every lot created by a new subdivision.
'
(B) Lot dimensions, including lot widths measured in accordance with Article
13-1.
(C) The location and dimensions of all buildings and freestanding signs on the '
lot, as well as the distances all buildings and freestanding signs are set
back from property lines, streets, or street right-of-way lines (see Article
A-4

' (D) Principal side(s) building elevations for typical units of new buildings or
exterior remodelings of existing buildings, showing building heights (see
' Article 13-1) and proposed wall sign or window sign area.
(E) The location and dimensions of all recreational areas provided in
' accordance with Article 15, with each area designated as to type of use.
(F) Areas intended to remain as usable open space. The plans shall clearly
indicate whether such open space areas are intended to be offered for
dedication to public use or to remain privately owned.
'
(G)
Streets and street name showingwhether curb and gutter or shoulders and
swales are to be provided and indicating street paving widths. Private
'
roads in subdivisions shall also be shown and clearly labeled as such.
(H)
Curbs and gutters, curb inlets and curb cuts, drainage grates.
(1)
Other stormwater or drainage facilities, including manholes, pipes,
drainage ditches, retention ponds, etc.
'
Q)
Sidewalks and walkways, showing widths and surface material.
'
(1)
Bridges.
(L)
Outdoor illumination with lighting fixtures sufficiently identified to
'
demonstrate compliance with Article 17-4.
(M)
Underground utility lines, including water, sewer, electric power,
'
telephone, gas, cable television. Water and sewer pipe line signs shall be
labeled.
(N) Aboveground utility lines and other facilities.
' (0) Fire hydrants.
(P) Dumpsters.
' (Q) New contour lines resulting from earth movement (shown as solid lines)
with no larger than two -foot contour intervals (existing lines should be
shown as dotted lines).
(R) Scale drawings of all signs requiring permits pursuant to Article 19,
' together with an indication of the location and dimensions of all such
signs.
' A-5

I
(S) Vehicle accommodation areas (including parking areas, loading areas, and
circulation areas, see Article 20), all designated by surface material and
showing the dimensions and direction of travel of lanes, aisles, and
driveways.
A-7 Documents and Written Information in Addition to Plans
In addition to the written application and the plans, whenever the nature of the proposed
development makes information or documents such as the following relevant, such documents
or information shall be provided. The following is a representative list of the types of information
or documents that may be requested:
A-7.1 Documentation confirming that the applicant has a legally sufficient interest in the
property proposed for development to use it in the manner requested, or is the
duly appointed agent of such a person.
A-7.2 Certifications from the appropriate agencies that proposed utility systems are or
will be adequate to handle the proposed development, as set forth in Article 17,
and that all necessary easements have been provided.
A-7.3 Detailed description of play apparatus or other recreational facilities to be
provided in miniparks.
A-7.4 Legal documentation establishing homeowners associations or other legal entities
responsible for control over required common areas and facilities.
A-7.5 Bonds, letters of credit, or other surety devices.
A-7.6 Stamped envelopes containing the names and addresses of all those to whom
notice of a public hearing must be sent to comply with Article 4-7 and 6-2.
A-7.7 Complete documentation justifying any requested deviation from specific
requirements established by this Ordinance as presumptively satisfying design
standards.
A-7.8 Time schedules for the completion of phases in staged development, as required
by Article 4-13.
A-7.9 The environmental impact of a development, including its effect on historically
significant or ecologically fragile or important areas and its impacts on pedestrian
or traffic safety or congestion.
1
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A-6
1

F
' A-8 Number of Copies of Plans and Documents
' With respect to all plans and other documents required by this appendix, the developer
shall submit the number of copies (not to exceed 18) that the administrator deems necessary to
expedite the review process and to provide necessary permanent records.
1
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' A-7

GENERAL NOTES:
A GROOVED JOINT I" DEEP WITH %g RADII SHALL BE
REOUII EO IN THE CONCRETE SIDEWALK Al 5' INTERVALS.
ON {g EXPANSION "JOINT WILL BE REQUIRED AT 45'
POOR COHORETE INTERVALS. A V EXPANSION JOINT WILL BE REOUIRED
Sx*mLK EX<ANOSONJoINf WHERE THE SIDEWALK JOINS ANY RIGID STRUCTURE.
JOINT SEALER SHALL BE HOT -POURED RUBBER ASPHALT.
y2"EXRWSKNIJOIN7 id -or MOTH OF SIDEWALKS ON THOROUGHFARES SHALL BE A
MINIMUM OF 5: WIDTH OF SIDEWALKS IN TILE CENTRAL
BUSINESS DISTRICT WILL BE DETERMINED BY THE CITY
'Q _ • ENGINEER.
�I
L
Yx" offivaIDII JDNT 7
IB'RAnus ��
Ly
•�i . I � r I.I r�i~II
T
I`2 "OMITTED GROOVED JOINT IN SWEWALX
FiI� fti` •,'� 'T REQUIRED THICKNESS ACCORDING TO IDCATKIN
PACPSED
SLEWMX 0 CURB a /" JOINT SEALER
11 !'RA0. / yff' TO 114"
AVEMENT
DETAILS SHOWINO EXPANSION JOWTS �. ;:.:� ✓,r +fit ao • �� :+(� "•
• MCI • AI "'•Y��P.•
IN CONCRETE SIDEWALK yP -- l- j T I LEII
AMR TRANSVERSE EXPANSION JOINT IN SIDEWALK
STANDARD CONCRETE SIDEWALK

N = Number of Spaces L= Curb Length
APPENDIX IV
Parallel
zr— zr zrcurb
i s
N= 22
Street Space Used
for Various Parking Positions*
L
18.8'— 18.8-- 18.8
z•9'
L - 2.9
N
i
18.8
300
' � i
18.8
zss
Position Width of Street Width Needed Length of
Stall at Street Used for Parking Plus Curb
Width Curb When Parked Maneuvering Per Car
L
9 Feet 300 18.8 Feet 29.5 Feet 18.8 Feet
rz.T
rz.T
1 12.7-
1
7x
45 ° 19.1 Feet 30.1 Feet 12.7 Feet
450
1 1 ,
' 19.11
\
L - 7 2
N— 12.7
60° 20.0 Feet 37.0 Feet 10.4 Feet
1 30.1'
900 18.0 Feet 41.0 Feet 9.0 Feet
L
10.4
10.4'
10.a'
�4'
• Based on Stall Width as Shown, Including Lines
600
'
N=L - 7.4
No overhang of curb
\ i z
10.4
Car Length 18 Feet
a4
\
Width 6 Feet 6 Inches
Wheel Base 10 Feet 6 Inches
Overall Turning Diameter 23 Feet 3 Inches
�gl
L9
N=
90°
r8'
41'