Zoning Ordinance Update Draft Copy-1992

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Division of Coastal Management
TOWN OF MOREHEAD CITY
ZONING ORDINANCE UPDATE
Draft Copy
June 3, 1992
The prcparoNon of this report was financed in part lhrovgh a rant provided by the North Carolina Coastal Management
Program, through 6mds provided by the Coasm! Zone Managcurent Act of f972, as amended, which is administered by the Once of
Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration.

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' APPENDIX A
ZONING
' SECTION ONE
ENACTMENTS SHORT TITLEt JURISDICTIONS PURPOSE VALIDITY AND
' SEPARABILITYs EFFECTIVE DATE
1-1 Enactment Preamble.
'
An ordinance establishing comprehensive zoning regulations
for
the Town of Morehead City, a municipal corporation of the State
of
North Carolina, providing for the administration, enforcement,
and
amendment thereof, in accordance with the provisions of North Carolina
'
General Statutes, Chapter 160A, Article 19 and for the repeal of
all
ordinances in conflict herewith.
'
Therefore be it and the same is hereby enacted by the Town
Council of Morehead City, North Carolina.
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Short Title.
These regulations shall be known as the "Zoning Ordinance for
the
'
Town of Morehead City, North Carolina".
1-3 Jurisdiction.
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These regulations shall govern the use and the development
thereon of all lands within the corporate limits and the one mile
extraterritorial area as shown on the "Official Zoning Map for the
Town of Morehead City" which is hereinafter made a part of these
regulations the same extent as if the information set forth on said
map were fully described and incorporated herein. 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.
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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
Beve-lepment 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 n 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 Bevelopment Use Plan for the Town
of Morehead City.
' 1-5 Validity and Separability.
' Should any section or provision of this ordinance be declared by
the courts to be invalid, such declaration shall not affect the
validity of the ordinance as a whole or any part thereof other than
the part so declared to be invalid.
1-6 Effective Date.
This ordinance shall take effect and be in force from and after
'. its passage and adoption.
' —Duly adopted by the Town Council this the day of
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SECTION TWO
INTERPRETATION AND DEFINITION
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 The word "person" includes a

SECTION TWO
INTERPRETATION AND DEFINITION
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 The word "person" includes a "firm, association,
organization, partnership, trust, company, or corporation as well as
an individual".
2-1.2 The word "may" is permissive.
2-1.3 The word "shall" is always mandatory and not merely
directory.
2-1.4 The words "used" or "occupied" shall mean "intended,
designed, and arranged to be used or occupied".
2-1.5 The word "lot" includes the words "plot, parcel, site, and
premises".
2-1.6 The word "building" includes the word "structure".
2-1.7 The words "map", "zoning map", and "Morehead City Zoning
Map" shall mean the "Official Zoning Map for the Town of Morehead
City, North Carolina".
2-1.8 The word "town" shall mean the "Town of Morehead City, a
municipal corporation of the state of North Carolina".
2-1.9 The words "ordinance" and "regulation" shall mean the
"Official Zoning Ordinance for the Town of Morehead City, North
Carolina".
2-1.10 The words "Planning Board" shall mean the "Town of
Morehead City Planning Board".
2-1.11 The words "Town Council" shall mean the "Town Council of
Morehead City, North Carolina".
2-1.12 The words "Board of Adjustment" shall mean the "Town of
Morehead City Board of Adjustment".

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2-2 Tense and Number.
2-2.1 The present tense includes the future tense, and the
future tense includes the present tense.
2-2.2 The singular number includes the plural number, and the
plural number includes the singular number.
2-3 Term and Definition.
1 Abandonment - To cease or discontinue a use or activity without
intent to resume, 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
periods of vacation or seasonal closure.
1 Abutting - Having a common border with, or being separated from
such a common border by a right-of-way, alley or easement.
Accessory Apartment - A second dwelling unit either in or added
to an existing single-family detached dwelling or in a separate
accessory structure on the same lot as the main dwelling, for use as a
complete, independent living facility, with provisions within' the
accessory apartment for cooking, eating, sanitation, and sleeping.
Such a dwelling is an accessory use to the main dwelling.
Accessory Building or Use: A-strbod3rrat�--3>irilc}ing er-rise;--tire
t:se-e£-wh#eh-#s-#ne}dents}-te-Chet-e£-the-pr#ne#pe}-bx#}d#ng-er-t�se-en
the -same -}et-
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
1 served; and is located on the same lot as the principal building or
use served.
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.
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.
Adult Uses - An establishment which has a majority of its
business which excludes minors by reason of age because of the
sexually explicit nature of the material. Such establishments
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' include, but are not limited to, adult bookstores, adult theatres and
adult cabaret.
' 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.
Alley - A public thoroughfare which affords only a secondary
means of access to abutting property.
' Alteration - Any change, addition, or modification in
construction or occupancy of an existing structure.
' Alteration, Structural - Any change in the supporting members of
a building or structure, such as bearing walls, columns, beams, or
girders; provided, however, that the application of any exterior
' siding to an existing building for the purposes of beautifying and
modernizing shall not be considered a structural alteration.
' Amusement Arcade - A building or part of a building in which five
or more pinball machines, video games, or other similar player -
operated amusement devices are maintained.
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.
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.
Apartment - See-uBwelling--Multi-€amilyur
A room, or suite of two or more rooms, which is designed or
intended for occupancy by, or which is occupied by, one family.
Aquaculture - The use of land for those activities which
constitute the raising of seafood for commercial purposes.
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.
Automobile Repair Garage - An establishment where the following
' services are available: major mechanical repairs, including engine
overhaul and transmission work. Repair garages can also offer
services similar to service stations.
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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
tune-ups, brake adjustments, and tire changes excluding body working,
overhauling and painting.
Automobile Wrecking Yard - The dismantling or wrecking of used
motor vehicles or trailers, or the storage, sale, or dumping of
dismantled or wrecked vehicles or their parts. The presence on any
lot or parcel of land of two or more motor vehicles, which, for a
period exceeding 30 days, have not been capable of operating under
their own power and from which parts have been or are to be removed
for reuse or sale, shall constitute prima -facie evidence of an
automobile wrecking yard.
Bar/Cocktail Lounge - Any premises wherein alcoholic beverages
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 comprises
less than 25 percent of the gross receipts.
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.
Billboard - See "Sign, Outdoor Advertising".
. Boardinghouse - A building dedicated to the lodging or feeding or
both of nontransient persons for compensation. See-uToursst-Hemea-
Borrow Pit - Any place or premises where dirt, soil, sand,
gravel, or other material is removed below the grade of surrounding
land for any purpose other than that necessary and incidental to site
grading or building construction.
Buffer Area - A landscaped area intended to separate and
partially obstruct the view of two adjacent land uses or properties
from one another. See "Screening".
Buffer - A device used to moderate the adverse impacts of one
land use upon another.
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.
Building Height - The vertical distance from the average finished
grade of the building lot to the highest point of the building.
Building Inspector - The person, officer or official and his
authorized representatives, whom the Town Council has designated as
its agent for the administration and enforcement of these regulations.
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Building Line - See "Setback Line".
The line, parallel to the street line, that passes through the
point of the principal building nearest the front lot line.
Car Wash - A freestanding building or structure providing
facilities for washing motor vehicles.
Child Day Care Center - 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 afterschool 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 of whether 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 Chapter
105 of the General Statutes (GS Section 105-130 et seq.);• and
facilities licensed under Article 2 of Chapter 122C of the General
Statutes (GS Section 122C-21 et.seq.).
'
Child Day
payment, fee or
Care Center,
grant for the
After -School - A place receiving a
care of more than five (5) 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.
Child Day
Care Center, Home - A private residence
where care,
' protection and supervision are provided, for a fee, at least twice a
week to no more than six (6) children at one time, including children
of the adult supervisor.
' Coastal Area Management Act (CAMA) - A state law as defined in GS
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.
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.
Clear Cutting - The indiscriminate 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 non-native tree and shrub species
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when the soil is left relatively undisturbed; removal of dead trees;
or normal mowing operations.
Clinic - A. building designed and used for the diagnosis and
treatment of human patients that does not include overnight care
facilities.
Club or Lodge, Private - An establishment operated by a
corporation or association of persons for social, recreational,
fraternal or charitable purposes, but which is not operated for profit
or to render a service which is customarily conducted as a business.
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.
-----8e#a-epereted-�}+R+�+.*.a!ri=-sue E�ttspmeat-d2e�e-rr-at�d--uerrtiee---�,
bu#fd}ng-++is3eiz--is-signed- fcir--use-#n-tiro-�epei�-of•-siselr maelrrrres-a9
3akebexes--}ri�rbaaii;- foerEe-ba�1,--poe�-tab�es;-sad--such-ether-s#m#der
:: type-egr�3p�nent:---6ueh-wo�.9r-to--be-done-3�s3de-of-�xr�lci�r►g--cri�ir-ne-nse
of-wefd}rfg-equipment-end-ne-eatside-sternge-
Convenience Store - A building housing a retail business
providing grocery items, legal alcoholic beverages, sundries,
sandwiches, clothing, apparel and food items and providing gas, oil
and coolants (antifreeze) and other products for motor vehicles.
Convenience stores shall not provide oil changes, lubrication,
mechanics services, car washes or car washing facilities unless such
use is permitted in the applicable zoning district.
Curb Cut - A lowered or cut -away curb for purposes of ingress and
egress to property abutting a public street.
Density - The number of dwelling units permitted per net acre of
land.
District, Zoning - A section of the Town of Morehead City within
which the zoning regulations are uniform.
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.
Drive-in Facility - An establishment that, by design of physical
facilities or by service or packaging procedures, encourages or
permits customers to receive a service or obtain a product that may be
used or consumed in a motor vehicle on the premises or to be
entertained while remaining in an automobile.
Duplex - See "Dwelling, two-family (duplex)".
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' Dwelling - Any building or portion thereof, which is designed for
use for residential purposes, except hotels, motels, trailer courts,
mobile home parks, trailer camps, and other similar commercial type
buildings or uses.
1 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.
Dwelling, Single -Family, Attached - (Group, Row, and Townhouses)
' One of two or more residential buildings having a common or party wall
separating dwelling units.
Dwelling, Single -Family, Detached - A detached residence, other
' than a mobile home, designed for or occupied by one family, entirely
surrounded by open space.
Dwelling, Two -Family (duplex). - A residence designed for or
occupied by two (2) families, with separate housekeeping and cooking
facilities for each.
' Dwelling, Multi -Family - 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).
' A detached residential building containing three or more dwelling
units, including what is commonly known as an apartment building, but
not including group, row or townhouses.
' Dwelling Unit - A building or portion thereof, providing complete
living facilities for one family.
' One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family
with separate toilets and facilities for cooking and sleeping.
' A room or group of rooms located within a dwelling forming a
habitable unit for one family.
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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.
Facade - The exterior wall of a building exposed to public view
or that wall viewed by persons not within the building.
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.
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Family Care Home - A home with 1) support and supervisory
personnel and 2) providing room and board, personal care, and
habitation services in a family environment for not more than six (6)
resident handicapped persons. (Handicapped persons are defined in
G.S. 168-21(2).)
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. 50B-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.
Fence - A structure, other than a building, which is a barrier
and used as a boundary or means of protection or confinement.
Fishing Cabin - A primitive shelter from the elements not larger
than eight hundred (800) square feet overall (outside dimensions)
without central heating or air conditioning. Such a cabin may be
wired for electricity, and will be plumbed in accordance with the
Building Code. No fishing cabin shall exceed twenty (20) feet in
overall height measured from the average finished grade.
Flea Market - An occasional or periodic sales activity held
within a building, structure, or open area where groups of individual
sellers offer goods, new and used, for sale to the public not to
include private garage sales.
' Floodplain - That area which experience has shown to be or which
expert opinion hold likely to be, subject 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.
Floor Area, Gross - The sum of the areas of the several floors of
a building, including areas used for human occupancy, in 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 bylaw, 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.
Floor Area Ratio (FAR) - The maximum square foot amount of total
floor area including all stories, permitted for each square foot of
ground area.
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. .

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' Garage, Private - A building or space used as an accessory to or
a part of a principal building permitted in any residential district,
and providing for the storage of motor vehicles and in which no
business, occupation or service for profit is conducted.
Garage, Public - Any building or premises, except those described
as a private garage, used for the storage of motor vehicles.
Health and Physical Fitness Center - Facilities operated to
provide exercise and health improvement opportunities and which may
' include, but are not limited to, gymnasiums, diet centers, weight
training, exercise, raquetball, tennis and related activities.
' Health/Recreational Facility - An indoor facility including uses
such as game courts, exercise equipment, locker rooms, jacuzzi and/or
sauna and pro shop.
' Home Occupation --err oeecxpeiY�xr-fcrr-gash-er- suppor#--eusfioincrrrly
eandnebed-en-the-preensses-by-a-person-er-femi}y-res3e2sng-thereon.---See
Seetien-8-3737
' 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.
Hotel - A-emerei$3-++T!-*+*a--rn-wh#eh-elee}�ring-�wmmodaions
' are-prevseled-and-of€ereel-te-Erens3ent-vss#tors-for-eempensatsen-
A facility offering transient lodging accommodations on a daily
' rate to the general public and providing additional services, such as
restaurants, meeting rooms and recreational facilities.
' Impervious Surface - Any material that substantially reduces or
prevents the infiltration of stormwater into previously undeveloped
land. Impervious surface shall include graveled driveways and parking
areas.
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 potentially involve hazardous or commonly
recognized offensive conditions.
Industry, Light - A use engaged in the manufacture, predominantly
from previously prepared materials, of finished products or parts,
including fabrication, assembly, treatment, packaging, incidental
storage, sales and distribution of such products, but excluding basic
industrial processing.
Junk - old, dilapidated, scrap or abandoned metal, paper,
building material and equipment, bottles, glass, appliances,
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' furniture, beds and bedding, rags, rubber, motor vehicles, and parts
thereof.
Junkyard - Hse-of--prepertp-fog-idc>or-end�o�xttdoor-aterage;
' ease-or--+-e��!-1�-ef-jnnk-irtei�di�tg-�crep--xteta�.--rags;--paper;-ter-ether
eernp-ynateria3s;- etseeb- r,--sn�vnged-i�onae- wrecking--and-strueturn-I
steed;-mnterin�e-end-eqa}pment;-er-far-the-d#sment�}ng--deme�#tiers,--er
' ebendenment-ef-aatemeb#des-and-beats-er-ether-veh#ekes-er-tnaeh#nary-er
parts-thereef-
t A parcel of land on which junk or waste material or inoperative
vehicles and other machinery are collected, stored, salvaged, or sold.
Kennel - -�, stet�tre- erK3-eilosecl -nrea-used-€o-� kre-3feeping
' ef-fear-f4}-er-Mere-dogs-
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.
' Kennel, Private - Any building or buildings or land designed or
arranged for the care of dogs and cats belonging to the owner of the
principal use, kept for purposes of show, hunting or as pets.
' Landfill, Sanitary - A disposal site employing an engineering
method of disposing of solid wastes in a manner that minimizes
environmental hazards by spreading, compacting to the smallest volume,
' and applying cover material over all exposed waste at the end of each
operating day.
' 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
Section 2-1.5.
' 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 than
' one hundred thirty-five (135) degrees. For the purposes of defining
setbacks, a corner lot shall have two front lot lines and two side lot
lines.
tLot Coverage - That portion of an individual lot that is covered
by impervious or partially impervious cover including buildings,
pavement, etc., but not including decking as defined in 15 NCAC
' 2H.1000 (Stormwater Runoff Disposal)
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Lot Depth - The mean horizontal distance between front and rear
lot lines.
Lot Line - The-Ott+e-beand#ng-e-het-es-def#ned-#x-6eet#en-2-3-g5-
A line dividing one lot from another lot or from a street or
alley.
Lot Line, Front - The line dividing a street right-of-way from a
lot as defined in 2-3.25 (lot). In the case of corner lots, both
lines shall be front lot lines for determining dimension requirements.
All lot lines which are parallel to the street right -of-way shall be
considered front lot lines.
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.
Lot Line, Side - Any lot line not a front or rear lot line.
Lot of Record - A lot which is a part 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.
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.
Lot, Through - A lot having its front and rear yards each
abutting on a street. Both street lot lines shall be deemed front lot
lines.
Lot Width - The horizontal distance between the side lot lines
measured at the required front setback line.
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.
Major and/or Multi -Unit Development - Development consisting of:
' 1) structures on a tract of three (3) acres or more; or 2) non
residential structures having a total floor area of ten thousand
(10,000) square feet or more.
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Marina, Commercial - Any dock or basin and associated structures
providing permanent or temporary commercial harboring of ten or more
commercial and/or pleasure boars and providing services related to the
facility including, but not limited to, fuel sales, retail and food
sales, drystack boat storage, and other related services. Pump -out
facilities are required at commercial marinas.
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Marina, Residential - A private, non-profit boating facility
including permanent or temporary docks, piers and/or launching ramp
planned for the harboring or storing of ten or more boats on property
having waterfrontage, the use of which is intended to serve primarily
the residents within an approved subdivision or planned unit
' development. The facility is intended to serve units that have a
legal interest in the subdivision. No commercial activities of any
kind shall be allowed within the confines of the facility. This shall
include, but is not limited to, drystack boat storage, fuel sales,
slip rentals and the like. Pump -out facilities shall be required.
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 of the human body is offered as an incidental
or accessory use.
Meeting Hall - A building used for indoor meetings of private or
public clubs and organizations and not operated as, or used in
connection with, a tavern,.bar, dance -hall, nightclub, cafe or other
similar uses.
Mobile Home '(Manufactured Home) - A-r€ tzi�,--se3eeatab}e
residential-twri.t -des-igned--t-&-be--ntovee}-�xr-sts-ears-iriteei��nc}-ehessis
' providing--camp}etc--independent--}wing--€aei}hies--€er--one--€ami}y
ine}xding--permanent--lrrcrctisiotts--f�--si�e�ri-ng-�-�at-ing;--eee3c3ng--end
senitetien-
' 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 "mobile home" does not include a
"recreational vehicle".
' Mobile Home Park (Manufactured Home Park) --any-site-err-Meet of
}and- -agates-and-{area
provided-for-Mebi}e-home-eeenganey-in-aeeordanee-with-the-requirements
' e€-this-ki�an�e- wi,`i-er-r�et---ek:attge -i e-made.- (See Section 8-
3.7)
' A parcel of land under single ownership that has been planned and
improved for the placement of manufactured housing for dwelling
purposes.
' Motel - See-uHete}u_
2-12

' A building or group of detached or connected buildings designed
or used primarily for providing sleeping accommodations for automobile
travelers and having a parking space adjacent to a sleeping room.
' Nonconforming Building - Any building that does not meet the
limitations on building size and location on a lot, for the district
in which such building is located, for the use to which such building
is being put.
Nonconforming Lot - A use or activity which lawfully existed
' prior to the adoption, revision, or amendment of this ordinance, but
which fails by reason of such adoption, revision or amendment to
conform to the use district in which it is located.
' Nonconforming Use - R-strtictae-vr- fiend-�at+frz��y-eeenp#ed-dip-ten
esc4st#ng-tree- stkrieir-c4ees-net-cotrferrm- trihh -tke-permitted-uses• fo-r-the
t:en#ng-district-its-aii3eiri�-i�--ei-tom_,`_=�r;-ei-hher�t-tke-effeetsve-date
ef-t�rig�rc�i-Hance•,--er-�r-a-resct3t-�-sxbsegtrent-e�endsnernts--hcr-th#s
erd#naneer
' 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.
Nursing Home (Convalescent Home, Rest Home) - A health facility
where persons are housed and furnished with meals and continuing
nursing care for compensation.
' Office - A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
t clerical operations.
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 water
' courses. open space shall not be deemed to include driveways, parking
lots, or other surfaces designed or intended for vehicular travel.
' 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.
' Outdoor Storage - The keeping, in an unroofed area, of any goods,
junk, material, merchandise, or vehicles in the same place for more
' than 24 hours.
Overhead Canopy - Any structure placed over, around or near a
fuel pump island or drive -up bank teller facility and intended to
' provide lighting and/or protection from the elements for fuel pump
islands or drive -up bank teller facility users.
1
' 2-13

Park - Any public or private land available for recreational,
educational, cultural or aesthetic use.

Parking Lot - An area not within a building where motor vehicles
may be stored for the purposes of temporary, daily, or overnight off-
street parking.
A tract of land used for the temporary parking of motor vehicles
when such use is not accessory to any other use.
Parking, Shared - The development and use of parking areas on two
or more separate properties for joint use by the business on those
properties.
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.
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.
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 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.
Principal Building - A building'in which the primary use of the
' lot on which the building is located is conducted.
Principal Use - The primary purpose for which a lot or the main
structure thereon is designed, arranged or intended and for which it
is or may be used, occupied, or maintained.
' The main use of land or structures, as distinguished from a
secondary or accessory use.
Print Shop - A retail establishment that provides duplicating
' services using photocopy, blueprint, and offset printing equipment,
including collating of booklets and reports.
' Recreation Use, Non -Profit - An indoor or outdoor recreation use
owned by a not -for -profit corporation, according to the laws of North
Carolina.
1
2-15

Recreation Use, Profit - An indoor or outdoor recreation use
owned by an entity other than a not -for -profit corporation.
Recreational Vehicle Park - Any lot of land upon which two or
more recreational vehicle sites are located, established, or
maintained for occupancy by recreational vehicles of the general
public as temporary living quarters for recreation or vacation
purposes.
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.
Recycling Collection Point - An incidental 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 in churches and
schools.
' Recycling Plant - A facility that is not a junkyard and in which
recoverable resources, such as newpaper, magazines, books and other
paper products; glass; metal cans; and otehr products, are recycled
' reprocessed, and treated to return such products to a condition in
which they may again be used for production.
Restaurant - An establishment designed in whole or in part to
' cater to or accommodate the consumption of food and/or beverage on
premise.
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.
' Satellite Dish Antenna - A device incorporating a reflective
surface that is solid, open mesh, or bar configured and is in the
shape of a shallow dish, cone, horn, or cornucopia. Such device shall
' be used to transmit and/or receive radio or electromagnetic waves
between terrestrially and/or orbitally based uses. This definition is
meant to include but not be limited to what are commonly referred to
' as satellite earth stations, TVRO's (television reception only
satellite dish antennas), and satellite microwave antennas.
Screening - The required built and/or plant material located
between an outdoor storage yard or an aesthetically offensive use and
public view.
Seating Capacity - The
actual seating
capacity of an area based
'
upon the number of seats or one seat per
18 inches of bench or pew
length.
'
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.
2-16

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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.
Shelter, Fallout - A structure or portion of a structure that
provides protection to human life during periods of danger to human
life from nuclear fallout, air raids, storms, or other emergencies.
Shopping Center - �Pwe--F2r-or-�eerre--eemmere#e�--eghab�iskieeats
panned-arid-<��d- as
�eadinq-fnoi�it3es- pzro;risked--cxr-blxe-property-and --re-Iated--rrr--Ieeat#en-
sine,--and-type-ef-steeps-te-the-trade-area-wh#eh-bhe-nn#t-serves-
A grouping of retail business an service uses on a single site
with common parking facilities.
Sign - Any devices designated to inform, or attract the attention
of persons not on the premises on which the sign is located, provided,
however, that the following shall not be included in the application
of the regulations herein:
a) signs not exceeding one square foot in area and bearing only
property numbers,' post office box numbers, names of occupants of
premises, or other identification of premises not having commercial
connotations; b) flags and insignias of any government except where
displayed in connection with commercial promotion; c) legal notices,
identification, information or directional signs erected or required
by government bodies; d) integral decorative or architectural features
of buildings, except letters, trademarks, moving lights, or moving
parts; and e) signs directing and guiding traffic and parking on
private property, but bearing no advertising matter.
Sign Area - The entire area within a continuous perimeter,
enclosing the extreme limits of sign display, including any frame or
border. Curved, spherical, or any other shaped sign face shall be
computed on the basis of actual surface area. The copy of signs
composed of individual letters, numerals, or other devices shall be
the sum of the area of the smallest rectangle or other geometric
figure encompassing each of said letter or devices. The calculation
for a double-faced sign shall be the area of one face only. Double-
faced signs shall be so constructed that the perimeter of both faces
coincides and are parallel and not more than 24 inches apart.
Sign, outdoor Advertising - Any sign either freestanding or
attached to a structure which directs attention to a business,
commodity, service, entertainment, or other activity, conducted, sold
or offered on the premises upon which said sign is located.
Sign, Principal Use - A sign which directs attention to a
business, commodity, service, entertainment, or other activity,
conducted sold or offered on the premises upon which said sign is
located.
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2-17

I
' Sign, Temporary - A sign permitted for a period not exceeding
twelve (12) months, including for sale, for rent, construction
company's name, subcontractors' names and architects' and planners'
' names.
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 the Board of
' Adjustment.
Stable, Private - A building, incidental to an existing
' residential, principal use, that shelters horses for the exclusive use
of the occupants of the premises.
Stable,
Public - A building or land where animals are kept
for
'
remuneration,
hire, sale, boarding, riding or show.
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
'
by no floor
above it, then the space between such floor and
the
ceiling next
above it.
Street
- A dedicated and accepted public right-of-way
for
vehicular traffic which affords the 'principal means of access
to
abutting properties.
'
Street,
Cul-de-sac - A street designed to have one (1)
end
permanently closed
and terminated by a vehicular turnaround.
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Street, Major Thoroughfare - Major streets that provide for the
expeditious movement of volumes of traffic within and through urban
areas.
Street, Minor. Thoroughfare - Perform the function of collecting
traffic from local access streets 0and carrying it to the major
thoroughfare system. They may supplement the major thoroughfare
system by facilitating minor through traffic movement and may also
serve abutting property.
Street, Minor Residential (Local, Minor) - 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 zoning 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.
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, walls, fences, signs, swimming pools,
and fallout shelters.
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2-18

1
Telephone Communication Facility, Unattended - A windowless
structure containing electronic telephone equipment that does not
require regular employee attendance for operating.
Tourist Home - A dwelling in which sleeping accommodations are
provided or offered to transient visitors for compensation. See
uBeardsnghenseur
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.
Townhouse Plot - The area, when combined with one attached
single-family residence, which is sold fee simple within a townhouse
development.
Townhouse Lot - The entire development area as shown on an
approved preliminary plat.
Trailer House - See "mobile home".
Trailer, Overnight Camping - A vehicular type unit primarily
designed as temporary living quarters for recreational, camping, or
travel use, which either has its own motive power or is mounted on or
drawn by another vehicle. The basic entities are: .travel trailer,
camping trailer, truck camper and motor home.
Trailer Park - See "mobile home park"
Trailer Park, Overnight Camping (Campground) - An approved site,
tract of land or lot upon which not less than two 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.
Unit -Ownership (condominium) Development - A project of two (2)
or more units in one or more buildings designed and constructed for
unit ownership as permitted by the North Carolina Unit -Ownership Act
when approved under Section 3 and other applicable regulations.
Variance - where, owing to conditions peculiar to the property
not the result of the actions of the applicant, a literal enforcement
of the regulations would result in unnecessary and undue hardship, a
variance may be granted only by the Board of Adjustment which must
adhere to certain rules and regulations as set forth in Section 13-
3.3.
Warehouse - A building used primarily for the storage of goods
and materials.
Warehousing and Distribution - A use engaged in storage,
wholesale, and distribution of manufactured products, supplies, and
2-19

equipment, but excluding bulk storage of materials that are
inflammable or explosive or that create hazardous or commonly
recognized offensive conditions.
Yard - A required open space unoccupied and unobstructed by any
structure or portion of a structure, from ground to sky, except as
provided herein.
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.
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.
Yard, Side - A yard extending along either side of a lot from
front setback line to the rear property line and the rear building
setback line.
Yard Sale - All general sales, open to the public, conducted from
'
or on
a residential premise in any residential
district for the
purpose
of disposing of personal property. The term
"yard sale" $hall
'
include
garage,
all such herein described sales, whether
lawn, yard, attic, porch, room, backyard,
or not they are
patio, or rummage
sales.
' Zero Lot Line
manner that one or
lot line.
- The Location of a building on a lot in such a
more of the building's sides rests directly on a
Zoning Administrator - The person and his assignees charged with
the enforcement of these regulations.
2-20

SECTION THREE
' GENERAL PROVISIONS
3-1 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 thse 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.)
1
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3-2 Land and Buildings Affected by Zoning.
No land, building, or structure shall be used, no building or
structure shall be erected, and no existing builidng or structure
shall be moved, added to, enlarged, or altered, except in conformity
with these regulations. However, the application of these regulations
in the area of jurisdiction shall not affect bona fide farms, but any
use of such property for nonfarm purposes shall be subject to such
regulations.
3-3 only one Principal Use upon any Lot.
There shall be no more than one principal residential use upon
any lot, except as provided in Section Ten.
What about commercial lots?
3-1

1 71
' 3-4 Reduction or Change in Lot Size.
' No lot shall be reduced or changed in size so that the total
area; minimum frontage; front, side, or rear setbacks; lot area per
dwelling unit; or other dimensions, areas or open spaces required by
these regulations are not maintained. No lot shall be reduced in size
so as to produce an additional lot which is not in conformity with
these regulations, unless said lot is combined with other land to
produce a conforming lot or unless said lot is needed, dedicated, and
' accepted for public use. Modification of lots shall be made in
accordance with the stipulations set forth in the Morehead City
Subdivision Regulations.
Editor's note - The Subdivision Regulations are on file in the
Office of the City Clerk.
3-5 Maintenance of open spaces.
' 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.
3-6 Location of Accessory Uses or Buildings.
' Accessory uses and buildings shall comply with the setback
requirements of the zoning district in which they occur, except that
' such buildings and uses may be located in the rear yard of any R
district provided it is located a distance of not less than five (5)
feet from the rear and side lot lines. In the case of a corner lot,
such accessory use or building shall be set back from the right-of-way
' of the abutting side street a distance equal to the front yard setback
established for principal uses in the district.
' 3-7 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.
F
1
' 3-2

II
' 3-9 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.
3-10 Compliance with Coastal Area Management Act.
Prior to the issuance of any initial zoning permit, zoning change
' permit, or conditional use permit, the zoning adminstrator and local
CAMA Permit officer shall certify that the proposed use or ostructure
complies with development standards of the "State Guidelines for Areas
of Environmental Concern" prior to issuing any zoning permit.
Cross reference - Coastal Area Management Sec. 12-21 et seq.
3-11 Rounding Off Fractions.
When any requirement of this ordinance results in a fraction of a
unit, a fraction of one-half or more will be rounded off and
' considered a whole unit. Fractions of less than one-half or more will
be rounded off and considered a whole unit. Fractions of less than
one-half will be rounded off to the nearest lower number of units.
' For example, when the determination of the number of dwelling units
permitted on a lot results in a fraction of a dwelling unit, a faction
of one-half or more will be consideredd-a dwelling unit and a fraction
of less than one-half will be disregarded.
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' 3-3

II
THIS SECTION HAS BEEN TOTALLY REVISED.
SECTION FOUR
NONCONFORMING LOTS STRUCTURES AND USES
' 4-1 Intent.
This section places restrictions on the use and development of
' land by establishing minimum standards. In may 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 Council recognizes that the strict
application of these standards to such uses may create certain
' hardships for the property owner. The 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.
' 4-2 Nonconforming vacant Lots
A nonconforming vacant lot is a lot which does not conform to the
' use regulations of this ordinance for the district n 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.
' 4-2.1 A nonconforming
permitted by this ordinance
the use of the lot meets the
d
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vacant lot may be used for any of the uses
in the district in which it is located if
following standards:
a) the minimum requirements for front, side and rear yards,
height of structures, an8 unobstructed open space for
the particular district must be met;
b) duplexes and multi -family dwellings must meet the minimum
lot standards for those uses in the particular district
in addition to the development standards in Section 9;
c) the lot in question does not abut a lot which could be
combined with it to make it conforming.
4-3 Nonconforming Occupied Lots
A nonconforming occupied lot is a lot which contained a structure
at the time this ordinance was adopted, but which does not meet the
minimum requirements for width, area, front, side or rear yard, height
or unobstructed open space for the district in which it is located.
Any structures on this type of lot may be improved or expanded in
accordance with the following standards:
4-1

a) Any improvement or expansion of any building on this type
of lot must comply with the minimum requirements of the ordinance for
front, side and rear yard, height and unobstructed open space for the
district in which the lot is located, provided any improvement or
expansion does not increase the nonconformity.
4-4 Nonconforming Open Uses of Land
A nonconforming open use of land is an open use on a lot when the
only buildings are incidental and accessory to the principal open use
which was in existence prior to the adoption of this ordinance and
which would not be permitted by this ordinance in the district in
which it is located. Uses such as storage yards, used car lots, auto
wrecking yards, salvage yards, junkyards, golf driving ranges, rifle
ranges and miniature golf courses are examples of open uses. A
legally established nonconforming open use of land may be continued
but is subject to the following limitations:
a) A nonconforming open use of land may only be changed to a
conforming use; however, it may not later be used for any
nonconforming use;
b)
A nonconforming use of land that is discontinued for more
'
than six months (180 days) may not be reestablished and
all subsequent uses of the site must be in conformance
with the particular district regulations. Any vacancy or
'
non-use of the land, regardless of the intent of the
owner or tenant, will be considered a discontinuance for
the purposes of this requirement;
'
c)
A nonconforming open use of land may not be enlarged to
cover more land than it occupied when it became
'
nonconforming.
4-5 Nonconforming Uses of Structures,
'
A nonconforming use of a structure is a use in a structure which
existed prior
to the adoption of this ordinance which would not be
permitted by
this ordinance in the district in which it is located.
This type
of use may be continued subject to the following
'
limitations:
a)
Once a nonconforming use of a structure has been changed
'
to a conforming use, it will not be allowed to return to
any nonconforming use;
'
b)
Maintenance and repairs which are necessary to keep a
structure which houses a nonconforming use in a safe
and sound condition;
'
c)
A nonconforming use of a structure may be enlarged or
extended only into portions of the structure which
'
existed at the time that the use became nonconforming
'
4-2

1
C
and which were designed or arranged to accommodate the
use. No structural alterations are allowed to any
structure containing a nonconforming use except for those
required by law or an order from the building inspector
to insure the safety of the structure. Existing
nonconforming residential uses in a business or
industrial district may be enlarged or extended as long
as no additional dwelling units result from the
enlargement or extension and all improvements are
completed in accordance with the North Carolina Building
Codes;
d) A nonconforming use of a structure that is abandoned
for more than six months (180 days) may not be
reestablished and all subsequent uses of the structure
must be in conformance with the particular district
regulations.
4-6 Reconstruction of Damaged Structures
'
When a structure on a nonconforming lot or a structure
a nonconforming use is damaged by fire, flood, wind,
Act
condemnation
proceedings the structure may be repaired
and
its original
dimensions and conditions provided that
no
'
seventy-five
percent (75%) of its assessed value or
fi
(50%) of its
actual replacement value has been damaged.
'
4-7 changes
in Zoning
Any nonconformance create
' or district boundary or by
ordinance will be regulated by
II
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containing
of God, or
restored to
t more than
d by a change in a zoning classification
a change in the regulations in the
the provisions of this Section.
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4-3

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III
SECTION FIVE
OFFICIAL ZONING MAP
5-1 Zoning Map is a Part of this Ordinance.
The planning area
locations and boundaries
Town of Morehead City,
declared to be a part of
is hereby divided into districts whose
are shown on the official zoning map for the
which is hereby adopted by reference and
this ordinance.
The map shall be identified by the
attested by the Town Clerk, and bearing the
of Morehead City under the following words:
this is the official zoning map referred
Zoning Ordinance for the Town of Morehead
date of adoption and subsequent amendments
to i
City,
shall
5-2 Replacement of the Official Zoning Map.
signature of the Mayor,
official seal of the Town
"This is to certify that
n Section Five of the
North Carolina". The
also be shown.
In the event that the official zoning map becomes damaged,
destroyed, lost or difficult to interpret, the Town Council may, by
ordinance, adopt a new official zoning map which shall be the same in
every detail as the map it supercedes. The new map shall bear the
seal of the town under the following words: "This is to certify that
this official zoning map supercedes and replaces the official zoning
map adopted and referred to in Section Five of the Zoning Ordinance
for the Town of Morehead City, North Carolina". The date of adoption
of the new official zoning map shall be shown also.
' 5-3 Maintenance of the Official Zoning Map.
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The Zoning Administrator shall be responsible for the
maintenance and revision of the official zoning map. Upon
notification by the Town 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.
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SECTION SIX
INTERPRETATION OF ZONING DISTRICT BOUNDARIES
6-1 Streets, Rights -of -Way and Easements.
Unless otherwise specifically indicated, where district
boundaries are indicated on the zoning map as approximatelyu following
the centerline of a 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.
6-2 Lot Lines
Boundaries indicated as approximately following platted lot lines
shall be construed as following platted lot lines shall be construed
as following such lot lines.
6-3 Corporate Limits
' Boundaries indicated as approximately following the corporate
limits shall be construed as following the corporate limits.
' 6-4 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.
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SECTION SEVEN
ESTABLISHMENTo PURPOSE AND USES ALLOWED IN ZONING DISTRICTS
7-1 Establishment of Zoning Districts.
In order that the purposes of this ordinance as defined in
Section 1-4 may be accomplished, the following zoning .districts are
hereby established within the jurisdictional area as described in
Section 1-3. See Section Eleven for off-street parking requirements.
7-2 R5 Residential District.
The purpose of this district shall be to maintain a minimum lot
size of five thousand (5,000) square feet, a-si�giQ--£anrily-dWe}}£hg
nn#t-density-ef-apprex}meteip-eight-fB}-fam#}4es-per-sere a density of
not more than eight (8) units per acre to allow single-family, two-
family and multi -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.
' 7-3 R5S Single -Family Residential District
The purpose of this district shall be to maintain a minimum lot
size of five thousand (5,000) square feet, a-�i}3Q—fsmii-�3we��ing
unit-density-of-appreximately-eight-{e}-families-per-acre a density of
not more than eight (8) 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.
The boundaries of the R5S district shall be
those areas, lots, tracts and parcels of land now
as follows: all
zoned R-5 which
of
lie
west of Eighth Street, east of the city park in the 3400 block
of
Arendell Street, north of Bogue Sound, and south
of the south right-
of-way margin of Arendell Street. The official
zoning map shall
be
amended accordingly.
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' 7-4 R7 Single and Two Family Residential District
' The purpose of this district shall be to maintain a minimum lot
size of seven thousand square feet, a-�inglrf�rl-dHe3�3ag--tt�rit
densstr-vf--apgLwxi�nat�ly -six-{6}- faari3��s--per -sere a density of not
more than six 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 (duplexes) 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.
' 7-5 R10 Single -Family Residential District
The purpose of this district shall be to maintain a minimum lot
size of ten thousand (10, 000) square feet, a-sireg��--fa��rrly-dwe}}ing
' density-ef-appoxiittat�i�r- �otrr•-(4)--famines-per-sere a density of not
more than four (4) 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.
7-6 RiS Single Family Residential District
' The purpose of this district shall be to maintain a minimum lot
size of fifteen thousand (15,000) square feet, e--ssng}e--family
dwe}}sng-detrs3ty-a€-eppro}c3maei- tfro- erred -cme hal€-(2.-5}-€amsues-per
' sere a density of not more than two and one half (2.5) 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. bat-sha43--not
allow-mobsle-hemes-
7-7 RiSM Single Family Residential/Mobile Home District
' The purpose of this district shall be to maintain a minimum lot
size of fifteen thousand (15,000) square feet, a--ssrrg}e--farm}y
dwe� �srg-de�is3ty-o€-app�ojc43aetei�-tiro--encl--cme--ha��-Fz•.-5}-faros}ses-ger
&ere a density of not more than two and one half (2.5) 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.
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7-2

I
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7-8 R20 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-�ing�e-family-dwe��ing
density-of-proximately--titre-�2}-#ui3i�s--per-aere a density of not
more than two (2) units per acre; to allow for single 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 nature of the areas
included within the district and to prevent the development of blight
and slum conditions.
7-9 R20D Single and Two Family Residential District
The purpose of this district shall be to maintain a minimum lot
size of twenty thousand (20, 000) square feet, two
fnmiiy-dtre�33rtg-desity-trf-eppre�3rimetei�--fwur-(}-fatrbieg-per-aere a
density of not more than four (4) units per acre; to allow for single-
family and two-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;-but-shall-net-inelude-mehiie-homes. The minimum amount of
land for this district shall be eight (8) contiguous acres.
Why eight acres? Nothing in Morehead City's Planning Area is
zoned this way. Might want to consider elimination of this district
because RMF is now 'a part of this ordinance and it allows for all
types of multi -family development and amend it to include single
family residences as a special use. What are your thoughts?
7-9A RMF Residential Multifamily District
1 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.) All additions to residential multifamily
districts shall be not less than three (3) acres in area.
I
7-10 O&P Office and Professional District
The purpose of this district shall be to create and maintain
areas in which businesses and professional uses may be established as
a buffer between heavy commercial or industrial districts and
residential districts.
7-11 PD Planned Development District
7-11.1 Intent. IT is the intent to establish a new planned
development district (PD) for specialized purposes where tracts
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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.
' 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.
' It is also the intent of the PD district to encourage the
revitalization of older and economically distressed areas of Morehead
City.
' 7-11.2 Planned Development, Defined. For the purposes of these
regulations, 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 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 building 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.
'
7-11.3 PD Districts: Where and how permitted. Planned
development districts may hereafter be established by amendment to the
'
official
for the
zoning map where tracts suitable in location and character
uses and structures proposed are to be planned and developed
on a unified basis, according to the required and procedures set forth
herein.
7-4

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I
I
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1
(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 under current zoning for the area. PD
districts shall have drainage impact statements conducted in
the same manner as set forth in Section 14-3.5 of this
Zoning Ordinance, except that 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 9-5 of this Zoning Ordinance.
(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.
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 city 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 city or by experts
acceptable to the city.
7-5

■
7-11.4 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 three (3) contiguous acres.
(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 the existing PD districts shall be at least three
(3) contiguous acres.
All the other jurisdictions for which I have Zoning Ordinances
for require at least 50 acres for a PD and the County requires a site
of suitable size to be determined by the Planning Board. Might want
to consider increasing the minimum size of a PD outside the city
limits since the three acre minimum is directed at city blocks in the
downtown area.
7-11.5 Procedures A planned development shall be processed in
four (4) stages: Sketch Development Plan, Site Development (Master)
Plan, preliminary plat approval and final 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 insure that the proposed
development complies with all applicable federal, state and local
regulations and the final plat shall be the document on which building
permits are issued and which will be recorded in the Register of Deeds
office.
All multi -family development located within a PD district shall
meet the requirements of Section 9-2 of the Zoning Ordinance.
{A}--Mater3a�s-te-be-Sxbmitted---App€#eat#ens-te-ekenge-the-
----------aening-applieable-te-en-area-#n-girder-te-ereate-a-new-PB
----------d}sir#et-er-te-extend-en-ex#s€}ng-PB-d€sir#et-sheik-be
----------sxbm#tied-4n-aeeerdanee-rr#th-seetien-Fenrteen-e€-the---
----------Merehead-eity-Bening-erdinanee---Material-submitted-with-the
----------appi#eat#en-shaii-#neixde-pens;-maps-and-stud#es-that-mey
----------reasonably-he-req�3eel- ter male t3-determrnaio:r-ea��ed-€er
----------#n-the-part#easier-ease,--with-sn€€#e3ent-eep#es-for-neeessary
----------referrais-and-reeerds---�n-partieniar;-the-feiierr#ng-sha}}
----------be-ineiuded-
7-11.6 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 Section Fourteen 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 d 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:
7-6

II
' (1) 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 five evidence
of the agreement of all present property owners to:
(la) 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 Town
' Council in the course of such action; and,
--------------
{4b}-Te-prev#de-bends--ded#ent#ens;-gnerentees;---
'------------- ngreements;-eantaets- end--deed-regtri�tivns-eeeeptab�e
--te-tke-i'owtf-�ounei3 -fog-eixe�rleti<m-c>�-e�ek-deve�epment
--eeeerd�ng-te-eppreved-pens;-end-£ar-eent#nn#ng---
---------------eperat#en-end-ma�ntenenee-e£-stieh-area,--£ee��#t�esp-and
' _______________serv�ees-es-ere-net-to-be-prev#ded;-operated;-er--
--n�n#nta#ned-et-genere�-pxb�#e-expense;-end-sxek----
---------------ded#eat}ens,--eentr}bctt#ens-er-gtxarentees-es-ere---
' _______________regn#red-te-prev#de-needed-pnb�#e-£ee#�#t#es-end--
--servlees;-and;
' NOTE: Requiring bonds, etc. when initially requesting a rezoning
might be premature and has not been done in the past for PD's
established under these guidelines. The committee might want to
consider requiring bonds as phases are developed or, at the earliest,
' during site development plan approval.
' (lc) To bind further successors in title to any
commitments made under (la) er-{4b} above.
(2) 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 of parcel and surrounding
property and any other information required by the
Planning Board.
' ------44-6---- Review- -mite -repo ,--skt'tt-kr-ele�elopme�t--plan--end
reeemmendat#en-te-tke-tarn-eexne#�-
' (3) Review of Sketch Development Plan/Rezoning Application. The
Planning Board shall review the application materials as
well as the sketch development plan to determine conformity
' with the Land Use Plan, the existing and prospective
character of surrounding development, and the requirements
above. The review shall be conducted in accordance with
' Section Fourteen of this Zoning Ordinance.
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II
(4) Action by the Town Council. The Town Council actions shall
be as provided for amendments generally in Section Fourteen.
If amendment of the Land Use Plan is involved, the Town
' Council shall not proceed on the PD zoning amendment until
it has acted on the amendment of the Land Use Plan.
7-11.7 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 Council. (In addition, preliminary plat
t approval must be granted by the Planning Board prior to the issuance
of building permits for structures for common usage and Final plat
approval must be granted by the Council prior to the issuance An
' application for a building permit shall conform to the requirements of
Section 7-11 and shall be accomplished by all necessary federal, state
and local permits.
' 7-11.9 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 shall line
sizes, the location of fire hydrants, blow -offs, manholes, pumps,
force mains, and gate valves;
(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);
(I) 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;
(J) Right-of-way lines and pavement widths of all streets and
the location and width of all adjacent.streets and easements;

(K) 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 ar 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;
(M) The accurate locations and descriptions of all monuments,
markers and control points;
(N) The deed restrictions or any other similar covenants;
(0) The date of the survey and plat preparation;
(P) North arrow and delineation;
(Q) 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 namejs}, address{ea}, and telephone numbers} of the
owner{s},
registered surveyor{s}, land planner{a}, architectjs},
'
landscape
architect -fa}, and professional engineer{s} responsible for
the subdivision and the registration,numberjs} and seals} of the
professional engineer{a} and registered surveyors};
'
(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)
(V)
Total number of dwelling units;
'
Total residential floor area;
Total commercial floor area;
Total ground area;
Total number of floors;
'
Total height per building;
Total open space areas (percentage);
Total number of parking spaces.
7-11.10 Site development plan (Master Plan) approval. Twenty-
five-JRS}
Eighteen (18) copies of the site development plan shall be
1
7-9

submitted to the Planning
Director not less than thirty--e3-&) twenty-one (21) calendar days
before the regular planning board meeting at which the site
development plan is to be considered. The-33d�fig--i
adm#nistrnter--steal-f--circti3ate--a-copy--ef--t3ris-plan--to--t4ie--eeasta�
Management--Regaiatery--offices--tire--3FortYr--�aro-l-inn--Hepartaren�--e f
�nsxrnnee;-appropr3ato--seebiittent$tiorr-reg�rlatroryrotrkkorrties,--eerteret
eonnty-ileaitir Depe�t�rnerrt-,--Distict-Higkway-£ag3�eer;-tr--Water
and-Air-Researees--the-united-states-eerps-ef-Engineers;-elty-Manager;
Merehend-idate�-arx}-=-Hepartmanb,--eh#ef-o£--Po-l�ce-,--FLir�-Ckitf-and
sxeh--egene#es--errd -off#eia�s- as -the--ixri d-inT-#nspeeterteening
administrator--may--deem -appropriate- es--we-1-1--es -each--member-of--the
Planning -Beard- 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,. Health and Natural Resources, Wilmington Regional
Office; US Army Corp 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 Council. Each member of the Planning
Board shall be provided with a copy of the site. development plan by
the Planning Director prior to the Planning Board meeting.
-----At-t4re--time-ef- srrbaricsit»r-of-the- site -development-frles--to--tke
pre!
arking-areas7-parks;-sea-wallsT-Ellling7
trentment-punt-er-green-areas-er-be
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deve�epment-distr#et-te-Hh#eh-the-s#
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deemed-irf-e it�rer--body--to-be-t�eaPssa�+-tv--prow-ide-adequate-f ae#�it4es
end-imprawements--f<rr--tira�eaitkt,--ss f ety-afid-we3f-are--ot--tke-res 3dents
end-e�**re�^s--of--prepertp-wi tk3 n-tke--ait�-development-p3an-��he-ar ee
snrretrnd#ng-the-same--fcrr�-distanee-- e£-one--hhousetnd--Fl-,-Qoc�r-€eat-#n
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resenrees;--est++�*rir�-rtm+ricorrmerrt;--and-�u�l-ic--fgeidit-iQs--{3ne�nd#ng
and-ta-pay-a3i--i�rac� foes;--tap-
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of --a- Berson--�*ernd - or cerifled-- ifr-eaer--d3seipi3fie-- (saek--es
engineers-- stxreyors-,--ate.-}- as iv-tiro-�sit�d -east- o-eemplet3ng
saeh-felliiit-ies--and- improvemetrt s ---The-regidlred-secait-y--shall--be-in
an-amerint-�tert~ �ess��ire�r-one-kandred-twenty-five--(i2�j--percent`-ef--the
teta�-of-sneh-eat#mates-
7-10

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' bu#}d#ng-inspeetertaen#ng-edm#nistreter;-by-e-savings-eeeaunt-Kith-any
bank- -or-- savings- -end-- -3-nsured--by- an-ageney--of--the
Hn#tad-�fietes--ef-sines-ion- curd -deb asited-4-rr-tht-f &me �f the-�Po+�n -ef
' order-en-a-bardc-om-snviikgs--&rid--leerr-*seo<=iaA-ion- 1-leers« -t&-and-doing
business-in-North-aura}ina--er-bq-an-irreveeeb}e-}otter-ef-ered#t-from
e-bunk-er-seaings-tnd-3oerr essoc}a !+rr 1-*eeneedr-to--arnl-doing -bus iness
' in-Nerth-eare}ina-
----- The— eendltien--of--tire-- security-- 11---be --that--rf--a}i--the
' improvements-and-f�ei-iiti�s--are-eampletec4-within-e-period--crE--time-te
be-spec#fied-bq-the-P}enn#ng-Beard-and-e}}-fees-ere-paid-when-due,--the
security-shai3 be-void;--kart--otherwise;-#-he-arty-�4arrager--shcrl-l--make
' faei}hies-and-�-mprovement-s--ecxnFrl�t-ed-,--to-pny-such--tees--or-otherwise
te-cure-enq-defau}t---Far-this-purpose;-the-eitq-Heneger-is-anther#aed
te-�+ithdra�r--ftrrxls--f� om--esc-rcxr-and-eesh-er-rrege>g-fists--anq-�`.� :� r--Far
' geed-��-shown--the-Pi-enrri-rxl--Beard--may--extenei--any-time--periods
spec#fied-far-eemp}et#en-e£-such-improvements-end-fae#}ities-
Within seventy-five (75) days of the date that the site
' development plan is submitted to the bui}ding--inspeetarfzening
administrator 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 Town Council
for final
approval, disapproval
or amendment. Prior
to acting upon
the site
development plan, the
'
Town 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.
If the Town Council adopts some or all of 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) days prior to the meeting of the Town
' 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.
7-11

In all hearings before the Planning Board and Town Council, the
burden of proof shall be upon the applicant to satisfy the hearing
body that all requirements of Section 7-11 of this Zoning 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 (1) such copy shall be filed with the
City Clerk and shall be available for public inspection, one (1) shall
' be retained by the applicant (developer/owner), and one (1) 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 bearings,
'
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.
' 7-11.11 Preliminary Plat Approval - Application for preliminary
plat approval shall be in accordance with the procedures described in
the Morehead City Subdivision Regulations, as amended.
The preliminary plat shall consist of a phase or section of the
Site Development Plan (Master Plan) as approved by the Council.
' The Planning Boardshall 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 (12) month
' period of preliminary plat approval, otherwise preliminary approval
shall be null and void unless an additional twelve (12) month
extension has been granted by the Planning Board.
' Section 7-11.12 Final Plat Approval - Application for final plat
approval shall be made in accordance with the Morehead City
Subdivision Regulations, as amended.
The final plat shall be in accordance with 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 multi -family
housing until the final plat has been approved by the council and duly
recorded in the Carteret County Register of Deeds office.
' 7-12

At the time of submission of the final plat of the phase of the
site development plan (master plan) to the bn3�d3ng-inspetto�y�onig
administrator 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 plant 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.
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.
The required security shall be in an amount not less than one hundred
twenty-five (125) percent of the total of such estimates.
I�
n
The security may be provided by a bond from a fidelity company
licensed to do business in North Carolina and acceptable to the
building inspector/zoning administrator, by a savings account with any
bank or savings and loan association insured by an agency of the
United States of America and deposited in the name of the Town of
Morehead City as escrow agent, by d 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 the 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 negogiate any checks. For
good cause shown, the Planning Board may extend any time periods
specified for completion of such improvements and facilities.
7-13

' Approval of the site plan shall not constitute acceptance by the
Town of Morehead City for maintenance or as part of 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 bni}ding-'-admin}streter
Planning Director and/or City Clerk may require a deposit against such
costs.
' 7-11.44-13 Permitted Uses
This will be added after the chart is approved.
1 7-11.10 14 Dimensional Requirements
' (A) Density. Single -family -and multi -family structures thirty-
five (35) feet or less in height shall meet the dimensional
requirements of Section 9.2 of the Morehead City Zoning
' Ordinance.
Single-family structures shall not exceed fifty (50) feet in
height and shall meet the dimensional requirements of the R-
' S district as outlined in Section 9-1 of this ordinance.
Dwelling units in ifiulti-stofied 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.
t
Maximum Maximum Maximum
' Height FAR OSR
90 feet 1.50 .65
In no case over thirty-six units per acre.
1
7-14

LJ
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F
1
1
I
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 manmade
structures.
(B) Setbacks, Minimum. All buildings shall be set back ten -foe}
fifteen (15) feet plus five (5) additional feet for every
habitable story in height above the first story from the
perimeter property lines. All buildings exceeding thirty-
five feet in height and adjoining public estuarine waters
shall be set back seventy-five (75) feet from mean high
water.
7-11.1a 15 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.
7-11.44-16 Parking. Two (2) parking spaces shall be provided
for, each dwelling unit. Each parking space and stall shall contain
two hundred (200) square feet of space and shall be not less than ten
(10) feet i width and not less than twenty (20) feet in length.
7-11.15 17 Conveyance and maintenance of open 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.
7-12 MA Medical Arts District
The purpose of this district shall
areas in which hospitals and doctors'
clinics may be compatibly mixed, in order
be to create and maintain
and dentists' offices and
that these related uses can
7-15

be near each other for doctor and patient convenience, and in order
that a healthful living environment in abutting residential areas will
not be encroached upon.
7-13 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.
7-14 CM Commercial Marina 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 support and complement the
marina and commercial fishing atmosphere shall be allowed in this
district.
' 7-15 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 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 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 south right-of-way margin of Arendell Street and including the
Yacht Basin area north of the north right-of-way margin of Arendell
' Street.
7-16 CN Neighborhood Commercial District
The purpose of this district shall be to provide convenient
shopping facilities consisting primarily of necessity goods and
personal services required to serve a"neighborhood.
' 7-17 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
businesses demanding high -volume traffic.
7-18 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 parking
' will be controlled, that pedestrian walkways and suitable landscaping
will be developed, and the buildings will be located and constructed
in a manner which reflects an appropriate appearance.
1
1
7-16

I
1
7-19 III 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 objectional characteristics which might be detrimental to
surrounding neighborhoods, either residential, commercial or
industrial or to the other uses permitted in the district.
7-20 IP Port -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.
7-21 PP Ploodplain 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.
' 7-22 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 may
be 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 (1) certified non-profit organization
or public authority.
7-22.1 Permitted Uses '
7-22.2 Special Uses
7-22.3 General Regulations
(1) All lands to be included in the district shall be
demonstrated to the Town Council by documentary evidence to be under
unified control of a certified nonprofit organization, as defined in
Section 2 of this ordinance, or by a governmental agency.
' --- (2) A eenbinnens-fifbeen-feeb-wide-bnf€er-sbrip-eensisbing-ef
--densely-pianbed-evergreen-brees-end-shrxbs-sha��-be-mainbeined
-----e�eng-e��-preperby-dines-abxbbing-fiend-aened-er-used-fer
'-----residential-purpeses- buffer shall be required and installed in
accordance with Section 10-7 of this ordinance.
7-17

(3) Residences permitted within the district shall not have
individual driveways affording direct access to a public street
or road but shall have access to a service road or other common
drive leading to a public road.
(4) All internal parking areas, traffic lanes, and walkways
shall be established and maintained in such a manner as to insure
unimpeded, safe access for emergency vehicles and personnel.
(5) All residential housing to be established or to remain
within the district shall be only for full-time students or staff
and may not be rented or sold for on -site uses by the general
public unless a legal subdivision consistent with the Morehead
City Subdivision Regulations is submitted and approved. Such
sales shall not reduce the property in the district under the
unified control of one (1) certified nonprofit organization or
public authority to less than ten (10) acres.
(6) Manufactured homes and manufactured buildings are allowed in
the district subject to the following conditions:
'
(a) the granting of a special use permit and obtaining a
building permit;
'
(b) the owner shall obtain annually a permit for each such
unit which permit shall be issued without charge by the
building inspector upon demonstration of continuing
nonprofit status of the owner which must also be the owner
'
of the tract of land constituting the IC district;
'
(c) the owner shall pay all required permit fees for each
unit authorized by the Board of Adjustment and comply with
local and state regulations;
(d) a minimum of fifteen thousand (15,000) square feet of
'
land must be committed to each unit. This requirement may
be increased as required by the County Board of Health;
'
(e) each unit must be demonstrated by documentary evidence
to have been manufactured within a period of ten (10) years
'
prior to the date of issuance of the building permit;
(f) each unit shall be permitted only so long as the unit
and land shall remain under unified ownership together with
'
all other lands and structures of the institutional campus
district. If the manufactured unit or the land upon which
it is located is sold, the permit shall be revoked, and said
unit must be removed from the site and district within
'
thirty (30) days of sale; and
' (g) all units shall be screened, i.e., obscured from view
(with a solid fence, wall, hedge, or dense evergreen
vegetative buffer strip) from any public way, building or
area and from any land zoned or used for residential
1
' 7-18

U
1
t
purposes. No certificate of occupancy for any unit shall be
issued until this requirement has been met.
(7) Setbacks:
Front - 50 feet
Side - 15 feet
Rear - 30 feet
(8) All buildings shall have a minimum separation from other
buildings of at least fifteen (15) feet plus five (5) additional feet
for every habitable story in height above the first story.
(9) All radio transmission towers supporting cables and anchors
shall be fully contained within all property lines of the IC district.
The tower and cable anchors shall be surrounded by fences with a
minimum height of six (6) feet and must comply with any other
applicable regulations.
(10) Lot coverage:
40% - Structures
60% - All impervious surfaces (including structures, plus
paved drives, parking lots and walkways).
(11) Height limit: Fifty (50) feet. (See Section 10-2' for
exclusions).
(12) Parking: Each building or use shall comply with Section 11
of this ordinance.
(13) Impact Statement: Prior to any grading, clearing, filling
or development on any land within any IC district, the owner shall
cause a drainage impact study to be made meeting the requirements of
Section 14-3.5 of this Zoning Ordinance. The results of such study
and the drainage plan drawn to accommodate the drainage shown
necessary by the study shall be submitted to the Planning Board for
approval. The Planning Board may approve the study or drainage plan
or both, modify either or both or require further study or design. A
statement that the proposed development, grading, clearing or filling
will have no impact on drainage of the IC area or upon downstream
properties will not be acceptable without clear and convincing
evidence satisfactory to the Planning Board.
7-19

II
II
11
11
C
H
1
SECTION EIGHT
PROVISIONS FOR USES ALLOWED AS SPECIAL USES
S-1 General Restrictions.
Permission may be granted for the establishment of uses
listed as special uses if the Board of Adjustment finds from
the evidence produced after a study of the complete records
that:
8-1.1 The proposed development does not affect
adversely the general plans for the physical
development of the town as embodied in these
regulations or in any plan or portion thereof adopted
by the Planning Board and/or the Town Council;
8-1.2 The proposed use will not be contrary to the
purposes stated in these regulations;
8-1.3 The proposed use will not affect adversely the
health and safety of residents and workers in the town;
8-1.4 The proposed use will not be detrimental to the
use or development of adjacent properties or other
neighborhood uses;
8-1.5 The proposed use will not be affected adversely
by the existing uses;
8-1.6 The proposed use will be placed on a lot of
sufficient size to satisfy thh space requirements of
said use;
8-1.7 The proposed use will not constitute a nuisance
or hazard because of the number of persons who will
attend or use such facility, of the vehicular movement,
or noise or fumes or of the type of physical activity;
8-1.8 The standards set forth for each particular use
for which a permit may be granted have been met;
8-1.9 The proposed use shall be subject to the minimum
area, setback and other locational requirements of the
zoning district in which it will be located; and
8-1.10 The proposed use shall be subject to the off-
street parking and service requirements�of these
regulations.
NEM

8-2 Additional Restrictions and Revocation of Permits.
'
8-2.1 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.
8-2.2 Wherever the Board of Adjustment shall find, in
the case of any permit granted pursuant to the
provisions of these 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.
NOTE: The current ordinance has Section 8-3 which
'
identifies certain requirements for certain uses if they are
a special use. In practice, these requirements are used
even if a special use permit is not required and this is
technically incorrect. To correct the situation, these
'
requirements will be added to Section 10, Modifications and
Exceptions.
[I
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8-2

Cl
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1
SECTION NINE
DEVELOPMENT STANDARDS
9-1 Schedule of Development Requirements*
See attached chart.
May want to look at height limit for the OP district. Most of
Bridges Street in the downtown area is zoned OP.
9-2 Multifamily Dwelling Requirements.
The requirements of this section shall be applied to all multi-
family dwellings and developments in all zoning districts allowing
"multi -family dwellings" as either a permitted use or a special use,
except as noted in this or other sections of the 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 propoerty with the sea of a registered land surveyor or
engineer, shall be submitted to the Planning Board for approval
showing:
(A) Compliance with all development requirements of the Zoning
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 propertyies 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 Section 9-5 of the
Zoning 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
9-1

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
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 Building
Inspector.
Site plan review shall only be conducted for approval or
disapproval based on demonstrated compliance with the requirements of
the zoning 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 dificiencies. Furthermore, the Planning Board may
give advisory opinions on gneral 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 (1) bedroom unit - Two thousand five
hundred (2,500) square feet.
(D) Parking - All parking spaces shall be not less than ten (10)
feet in width and not less than twenty (20) feet in length.
REQUIRED PARKING - Two (2) spaces per unit.
No multifamily development shall locate parking in such a
manner as to cuase 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 Zoning 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 liveability 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 or
other provisions of the Zoning Ordinance.
(1) Natural open spaces and buffers:
9-2

' (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 manmade
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 section 10 - 7 of a
------------------- £#£teen-feet-bx€fer--es-def#Heel-#n this Zoning
Ordinance, shall be established and maintained.
' The area of this buffer may be counted toward
meeting or exceeding the fifteen percent (15%)
natural open space requirement above. Where a
zoning district boundary coincides with an
t established surface drainage system or a utility
easement which must be maintained in an open,
cleared state, the only requirement for a buffer
' strip will be one five (5) feet in width within
which shall be located ground cover and a dense
continuous hedge not less than six (6) feet high.
(2) Useable Open Space - A minimum of ten percent (10%) of
the total acreage of a multifamily development shall be
improved and maintained as 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) Teet. 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 liminted to, picnic areas, childrenfs play
' areas, swimming pools, community buildings, tennis
courts, or ground level patios be provided to meet the
recreation needs of the intended residents. Total lot
coverage by structures shall not exceed forty percent
' (40%).
9-3

(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.
(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.
(I) 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.
9-2.1 Townhouse Development.
Townhouse developments may be allowed in any district listing
multifamily dwelling as a permitted or special use.
9-3 Measuring Lot Width.
The minimum lot width shall be measured at the front yard setback
line.
9-4 Corner Lots.
1 On a corner lot, setback requirements on the sides of the lot
facing the street shall at least equal the minimum front yard setback
' in the district. Where two (2) or more structures are located on an
undivided lot, the minimum distance between the structures is
determined by doubling the side yard Yequirement for the district.
' 9-5 Drainage Requirements.
All storm dranage 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:
' (A) Storm sewer collector - 10 years.
' (B) Cross drainage - 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 rip rap shall be required.
' 9-4

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.
Storm drainage ditches shall have side slopes of at least two (2)
to three (3) feet of horizontal distance for each one (1) foot of
vertical distance or in the discretion of the Town Engineer.
9-5

II
1
SECTION TEN
' EXCEPTIONS, MODIFICATIONS AND SPECIAL REQUIREMENTS FOR CERTAIN USES
10-1 Walls and Fences.
' 10-1.1 Fences and Walls in Residential Districts. Within
residential districts, no freestanding wall or fence shall exceed a
height of three (3) feet in any front yard or six (6) feet in any
' remaining yard. Freestanding walls or fences shall be permitted of be
located within the required building setback. No fence or wall shall
be permitted within the site distance of any entrance or exit way of
' any lot or within the site distance of two (2) or more intersecting
streets. Support structures for the fence/wall, other than those used
to enhance its appearance, shall be seen, if at all, only by the
' property owner responsible for erecting the fence or wall. All fences
shall be constructed in such a manner so as to be compatible with
neighboring uses. Walls and fences must be constructed and maintained
in a safe and sound manner.
' 10-1.2 Fences and Walls in Other Zoning Districts. Within any
zoning district except residential, no freestanding wall or fence
shall exceed a height of eight (8) feet in the rear and side yard or a
height of three (3) feet in any front yard. No fence or wall shall be
permitted within the site distance of any entrance or exit way of any
lot or within the site distance of an intersection of two (2) or more
' streets. Support structures for the fence/wall, other than those used
to enhance its appearance, shall be seen, if at all, only by the
property owner responsible for erecting the fence or wall. All fences
' and walls shall be constructed in such a manner so as to be compatible
with neighboring uses. Walls and fences must be constructed and
maintained in a safe and sound manner:
**** Note: Section 10-i above contains the language which has been
recommended for approval by the Planning Board.
' 10-2 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; an
observation tower; a transmission tower; a chimney or smokestack; a
' conveyor; a flag pole; a radio or television tower, mast, or aerial; a
parapet wall not extended more than three (3) feet above the roof line
of the building; and necessary mechanical appurtenances.
' Page 10-1

' 40-3--Redaction-of-Prent-Yard-setback-Requirementsr
1
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-----f f -a--proposed--straetrrre-3s-irit�ri-re--ot�-hundred-{ 366 j--feet--off-nn
existing-eenfermina-rise-st�trettrre-tritirirr t�Yre -seine-cfi�tict �ncf-en-the
snore-side-ef-the-street--nnd-the-setback-of-acid-existing-structure-is
less-their-the-sebbaevk-fer-tire--cistriet--within- which- -ft--is--ieeated;
then-the-setbnek-ef-the-proposed-structure-map-be-established-ten-{4A}
feet-ibel-AiAr-the -setbaek-ef-tire--ed-jeceitt--eenferming-ase-vh-ickr is -set
back-the-grentest-distance-from-the-street-right-e£-weyr
10-4 increase in front yard setback requirements.
If twenty-five percent (25%) or more of the lots eihtin the same
district on one side of the street between two (2) intersecting
streets are improved with buildings all of which have observed an
average setback line of greater than that required in Section 9 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 minmum average setback so established by the
existing buildings, but this regulation shall not require a front
setback of greater than fifty (50) feet.
10-5 substandard Lots of Record.
Any lot of record existing at the time of the adoption of this
ordinance, which has an area and/or a width which is less than
required by this ordinance, shall be subject to the following
exceptions and modifications:
10-5.1 Adjoining Lots.
with continuous frontage ax
adoption of this ordinance,
the minimum square footage
required in the district in
lots shall be considered a:
permitted area and width f03
Where two (2) or more adjoining lots
e in one ownership at any time after the
and such ltos individually are less than
and/or have less thant he minimum width
which they are located, then such group of
a single lot or several lots of minimum
the district in which located.
10-5.2 Lot Not Meeting Minimum Lot Size Requirements. Except as
set forth in 10-5.1 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 may be used as a building site
for a single-family dwelling in an R district.
10-6--Pallent-sheltersr
apt-nns-�e�-€artl°r-3n--ifl--Fr.3
at-required-in-the-d#strict
lding--inspector--shall--be
ents-€er-such-iet-provided;
x-{6}-€eet-wide-
Page 10-2

1
-----Pa}}eut-she}tern-are-perm#tied-es-pr#ne3pa}-er-eeeessery-uses-and
' struetures-�-rr-eny--distriet--salrjee-t--tw--the-yard-�egtri�-�sf-the
dsstr4etr
' 10-7 Required-Buffers-in--�F}y-Oi�j-By-CNy-�Ifr C2�j--LifDj-�Hr-F6-aad-yP
Bistrietsr Buffer/screening Requirements
' 10-7.1 General Buffering Requirements. In the•OP, MA, CD, CM,
CMD, CN, CH, CS, IU, IP, RMF and PD districts, when a new principal
structure is built, and/or an existing principal structure is expanded
' sufficiently to increase its physical gross floor area by fifty
percent (50%) or more as determined by the Building Inspector, in any
one or more expansions, a buffer must be provided along the side and
rear property lines abutting a residential district or use. Buffers
' shall belocated on the lot developed with the more intensive zoning
classification. The width of the buffer is based on the intensity of
the uses allowed within each zoning district. The minimum acceptable
' buffer width is indicated in the table below.
INSERT TABLE
' All buffers shall be vegetated and be maintained in a healthy
state by the property owner.
' 10-7.1(1) Staggered Buffer Strip - For every linear one
hundred (100) feet or fraction therof, a staggered buffer
strip shall consist of a combination of at least two canopy
' trees planted 40 to 60 feet on center and a staggered row of
evergreen shrubs planted on not more than five (5) foot
centers for every fifteen (15) feet of buffer width or
' fraction thereof. The remainder of the staggered buffer
strip shall be planted, covered and maintained with
vegetative ground cover or other vegetative materials.
10-7.1(2) Continuous Buffer Strip For every linear one
hundred (100) feet or fraction thereof, a continuous bufffer
strip shall consist of a combination of at least one canopy
' tree and a continuous row of evergreen shrubs planted on not
more than five (5) foot centers for every fifteen (15) feet
of buffer width or fraction thereof. The remainder of the
' continuous buffer strip shall be planted, covered and
maintained with vegetative ground cover or other vegetative
materials.
' INSERT DRAWING
The minimum height of trees used shall be eight feet at initial
' planting and a minimum fifteen feet at maturity; the minimum height of
evergreen shrubs used shall be three (3) feet at initial planting and
a minimum of six feet within three years.
' No buffer shall be required or permitted wthin the site distance
of the entrance or exit way of the lot or parcel or within the site
distance of street intersections.
' Page 10-3

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' 10-7.2 Screening of Junkyards, Salvage Yards, Automobile Repair
Shop, Automobile Storage Areas and Outdoor Storage Areas. Junkyards,
salvage yards, automobile repair shops, automobile storage areas and
' outdoor storage of any material, stocks, or equipment, as a principal
use or accessory to a principal use on any lot within any district
other than a residential district must be screened from any abutting
' lots, from public view and from any public street. The screen shall
consist of any opaque fence not less than six (6) feet in height, and
not les than one row of evergreens spaced not more than five (5) feet
' apart on center with an initial planting height of at least three (3)
feet and shall be of sucha type that can be expected to be six (6)
feet or more in height after three (3) growing seasons. The screen
shall be a minimum width of five (5) feet.
10-8 visibility at Intersections.
' On a corner lot except in the CD district nothing shall be
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.
' 10-9 Group Projects.
-----fin-the-ease-Where-twe-{S}-er-mere-btu#�d�ngs-ere-te-be-eenstrneted
' en-s-pion-o£--�ar�-ef-et--ie�esh--tiro--�2}-acres--itr--s-rze-,--nab-st�bd#v�ded
inEe-enstemery-streets-end-bets--end-wh#eh-W}}}-net-be-sabd#v�ded--the
epp}ieetsen-ef-the-ttrrrs-of-trig-orFki-net�e�-may-#�-�ariec� by-hke-beard
' ef-ed�astmeet-3�-�-me�zrrer-tkat-Wi��-ix-�3r--hermonl•--trit9r-hke-ehereeter
ef-the-ne�ghberheed-
10-10 Accessory Uses and Buildings.
' An accessory use or building as defined in this ordinane and
permitted in any R district shall' be governed by the following
' requirements:
10-10.1 All accessory uses and buildings shall be required to
meet the setback requirements established in Section Nine, except
that such buildings and uses may be located in the rear uard 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.
' 10-10.2 Accessory uses and buildings may consist of the
following structures:
' (1) Garage;
(2) Greenhouse;
(3) Playhouse;
' (4) Pumphouse;
(5) Recreational Area;
(6) Storage shed;
(7) Swimming pool;
' Page 10-4

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(a) Swimming Pools permanently or semipermanently
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.
(8) Tool shed;
(9) Workshop;
(10) Beg -pea Private Kennel;
(a) Kennels shall be permitted in any R district
provided that no kennel shall be erected closer
than one hundred (100) feet to an existing
dwelling, and provided that a kennel shall meet
all other requirements of the R district.
(11) Docks and piers subject to the following conditions
requirements:
(a) Only one dock or pier may be located on a
residential lot.
(b) Docks or piers shall be accessory uses only and
may not be built or maintained unless there is
residence structure.
(c) Docks and piers shall be single (one deck only)
private and noncommercial.
and
a
(d) Docks and piers shall be constructed with open
piles supporting them and shall not significantly
interfere with the flow of water beneath them.
All pilings will be six (6) inches in diameter,
cross braced, and pressure treated. The space
between pilings shall not exceed twelve (12) feet
on center.
(e) The total length, including any "T" or "L" shall
not exceed ene-hnrfelreel-fifty-f456} two hundred
(200) feet, and they shall not exceed six (6) feet
in width. The total length may be extended-te-a
--------------------maxinum-of-two-hundred-{299}-feet-upon application
to and approval by the board of adjustment and
showing of a necessity to extend beyond-ene-
--------------------hundred-fifty-f456}-feet- two hundred (200) feet
in order to reach a usable depth of water.
(f) A "T" or "L", not to exceed twenty (20) feet in
length nor six (6) feet in width may be placed at
the off -shore end of the dock or pier. Such "T"
or "L" shall not extend nearer than seven (7) feet
to the riparian or littoral boundary of any
adjoining property.
(g) Other than the "T" or "L" at the off -shore end,
piers or docks shall be set back from each side
line a minimum of twenty-two feet.
(h) All docks and piers shall be built and maintained
so as to minimize adverse impact on fish,
wildlife, the natural environment and water
quality.
(i) Decking of docks and piers shall be composed of
two-inch by six-inch pressure treated wood.
Page 10-5

(j) Decks shall not be less than three (3) feet above
the water surface at mean high water, and at mean
low water a clear passage under the dock or pier
for pedestrians shall be provided.
(k) Docks and piers must be provided with substantial
and adequate hand rails on each side and
throughout the entire length except where boats
are moored or hoisted and except where the
vertical distance between the deck and the water
surface at mean low water does not exceed six (6)
feet.
(1) All nails and bolts shall be galvanized, bronze or
brass.
(m) All wood shall be pressure treated.
(n) 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.
(o) Docks and piers must be maintained in a good and
safe condition.
(p) 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 tas to
prevent them from being floated on high or storm
tides.
(q) All federal and state laws and regulations
concerning piers and docks shall be observed and
obeyed.
-----48-49-3--6pee3e�-Regn#rements-€er-eerte�n-Neeessary-Rees-end-----
---------- il}--Swimming-Peels-permanently-er-semipermanentlp -----
--------------- eenstrueted-belew-greund-level--and-exeeeding-€arty
--------------- {40}-square- feet- 3-rr -Bierl-l--be Prot-eete& -by -a
---------------€ive-€eet-€epee-and-latehing-gates-te-keep-ehildren-and
---------------an#orals-€rem-hav}ng-unsupervised-aeeess.
----------{2�}--Kennels-shall-be-permitted-in-any-R-distriet-provided
---------------that-ne-kennel-shall-be-ereeted-eleser-than-one-hundred
---------------{496}-€eat-to-an-existing-dtte��#ng--and-prey#dad-that-a
---------------kennel-shall-meet-all-ether-requirements-of-the-R
--------------- distriet-
' 10-11 Temporary Field Office.
F
Page 10-6

A temporary filed office may be permitted by a special ninety
(90) day renewable permit issued by the building inspector provided:
10-11.1 That no living quarters be maintained in such temporary
field office; and
10-11.2 That the temporary field office be used only in
conjunction with construction activity.
10-12 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
rendered 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 buildnig inspector to issue a temporary
renewable permit, to the person owning such buildnig and occupying it
as a residence or for business or commerical purposes to locate a
mobile home onthe 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.
Does this apply in all zoning districts or just districts which allow
mobile homes as permitted uses? We should specify.
10-13 Family Care Homes
Family care homes shall not be located nearer to each other than
one-half mile.
10-14 Cemeteries
A cemetery shall meet the minimum requirements of the North
Carolina Division of Health Services.
State Law References Cemeteries, GS Chapter. 65, Public Health GS
Chapter 130A.
10-15 Churches
A church or other place of worship may be allowed in an R
district subject to the requirements of the district and provided
that:
10-15.1 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.
10-16 Home occupations
Page 10-7

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A home occupation as defined in this ordinance and allowed in any
R district shall be governed by the following requirements:
10-16.1 No more than one person other than those residing in the
home shall be engaged in the occupation.
10-16.2 No more than one person other than those residing in the
home shall be engaged in the occupation.
10-16.3 The home shall continue to be used principally as a
dwelling.
10-16.4 Home occupations shall be permitted only in single-
family dwellings.
10-16.5 The occupation shall not be visible from the street.
10-16.6 The occupation shall not involve the retail sales of
products unless such products or goods have been produced on the site
or provided that in an R20 district, farm products raised and prepared
on the premises may be sold.
10-16.7 No outside signs in excess of two (2) square feet {tyre
hundred-eig}s4y- eittkr�-(-28$r-square-#nehes} in size shall be displayed
on the premises (in an R20 district a principal use sign may be
allowed to advertise farm products raised and prepared onthe premises,
provided only one sign is used and provided it does not exceed twenty
(20) square feet in size).
10-16.8 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.
10-16.9 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.
10-17 Hospitals end-eare-hemes
A hospital er-eare-home may be permitted in an R district subject
to the requirements of the district and provided that:
10-17.1 The lot size shall be not less than two (2) acres; and
10-17.2 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.
Cross Reference- Health, Chapter 7.
10-18 Junkyards and -ante -graveyards
A junkyard or-st -&--greveynr'd may be permitted in an industrial
district subject to the requirements of the district and provided
that:
10-18.1 The yard 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
10.18.2 The yard 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 Sec. 9-126 et seq.
10-19 Child Day Care Centers Kindergartens-or-nur9erles-
Page 10-8

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' Child day care centers may be allowed
in an R district subject to the requirements of the district provided
that:
' 10-19.1 Off-street parking and loading requirements in this
ordinance must be met;
10-19.2 --outdoor
' p�aY-area-is-supplied-far-eseh-eh#�d;-and Indoor and outdoor space
requirements shall be in accordance with the applicable General
Statutes.
' 10-19.3 The entire play area is 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.
10-19.4 If located in a residential district the hours of
' operation shall be limited to between 6:00 a.m. to 6:30 p.m.
10-20 Mobile Home Parks
' A mobile home park may be permitted in an R district subject to
the requirements of the district and provided that:
' 10-20.1 The minimum mobile home park size shall be two and one -
quarter (2.25) acres or a typical city block.
10-20.2 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.
10-20.3 A mobile home shall not be occupied by more than one
' family.
10-20.4 Each mobile home shall be connected to a community water
system and to a community sewage disposal system approved by the
Carteret County Board -of Health Department.
' 10-20.5 The minimum lot or stall size shall be not less than
three-ti�on3ad-sire--�xm&rect-F3,-699) five thousand (5,000) square feet
and the minimum stall width (shall] be no less than forty (40) feet.
' 10-20.6 The minimum front setback requirement for a stall shall
be fifteen (15) feet.
10-20.7 The minimum side yard setback requirement for a stall
' shall be eight (8) feet.
10-20.8 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 an eighteen foot road, paved
in accordance with the standards set forth in the Morehead City
Subdivision Regulations.
10-20.9 Where centrally located waste cans are used, they shall
' be no further than one hundred and fifty (150) feet from any lot.
10-20.10 Each trailer stall shall be clearly defined by means of
concrete or steel or iron pipe markers placed at all corners.
10-20.11 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 Hoard.
' 10-20.12 All mobile homes (manufactured homes) must be skirted
such that no area beneath the mobile home (manufactured home) is
visible from any direction.
1
Page 10-9 _

10-20.13 Approval of Mobile Home Parks
a.) for the establishement, maintenance, costruction, 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 the Morehead City Subdivision Regulations. 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 100 feet to the inch and shall
meet the plat requirements as described in the Morehead
City Subdivision Regulations.
10-20.14 No mobile home park shall be occupied by a greater
number of trailers than that authorized on the approved plan. in -tire
approved-bn3�ding-arid- inspeet3exrg-permits:- No mobile home park shall
be enlarged or exended unless a separate building permit and a
separate final inspection permit have been issued; and
10-20.15 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.
10-21 Private Clubs/Lodges
' A private club or lodge may be permitted subject to the
requirements of the district and provided that:
' 10-21.1 All new sites shall be no less than two (2) acres in
size;
10-21.2 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
' 10-21.3 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.
' 10-22 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.
10-23 Sanitary Landfill or Incinerator
Page 10-10

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A sanitary landfill or incinerator may be permitted in a district
subject to the requirements of the district and provided that:
10-23.1 No refuse shall be deposited and no building or
structure shall be located within fifty (50) feet of the nearest
property line; and
10-23.2 The operation of said fill or incinerator shall be
carried out in accordance with the standards and procedures prescribed
by the Environmental Health Section of the NC Division of Health
Services.
State Law Reference- Solid waste unit in NC Department of Human
Resources, GS Section 130A-291.
10-24 School
A public or private school may be allowed in an R district
subject to the requirements of the district and provided that:
10-24.1 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;
10-24.2 An off-street loading area that
the school and current planning standards; and
10-24.3 The school site should meet the
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is based on the size of
following standards:
(a) Elementary School - Ten (10) acres plus one acre for
each one hundred (100) enrollment.
(b) Junior High (Middle) School - Twenty-jee} Fifteen (15)
acres plus one acre for each one hundred (100)
enrollment.
(c) Senior High School - Thirty (30) acres plus one acre
for each one hundred (100) enrollment.
Changed to meet state recommendations.
10-25 Efficiency Apartments
Efficiency apartments may be established in R districts subject
to the area, yard and height regulations of those districts and the
following limitations:
10-25.1 The efficiency apartment shall not contain more than 25
percent of the gross heated and/or cooled floor area of the dwelling.
10-25.2 The lot must meet the minimum lot size requirements of
the zoning district in which it is located.
10-26 Residential Marinas
Residential marinas approved as part of the development area are
permitted in all residential districts subject to the following
limitations:
10-26.1 Boat slips, piers and bulkheads are permitted, however,
no commercial activities shall be permitted. Marinas may include any
pump out facilities required by water quality or other state or
federal regulations.
Page 10-11

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10-26.2 A club house or similar facility which could normally be
included in a residential development may be included with the marina
facilities.
10-26.3 Residential developments in which marinas are allowed as
accessory uses must receive preliminary approval from the Planning
Board and the City Council.
10-26.4 Drystacks shall not be permitted in residential marinas.
10-26.5 Signs calling attention to the marina other than those
for vehicular directional purposes located wtihin the development are
not permitted.
10-26.6 The number of slips may not exceed 110% of the number of
units in the residential development. Each sllip over and above the
number of units in the residential development must be provided with
two parking spaces in a specifically designed area.
10-27 Kennels, other than Private Kennels
Kennels may be permitted in certain districts subject to the
requirements of the district and the following:
10-27.1 The minimum lot size shall be one acre and the building
shall not be located closer than fifty (50) feet to any property line.
10.27.2 Kennels shall be enclosed by a sound proof barrier and
be screened in accordance with Section
10-28 Business Residence
A business residence may be established in the CD district
subject to the requirements of the district and the following
limitations:
10-28.1 The residence may not exceed 50% of the gross floor area
of the business operation;
10-28.2 The residence may be located above the business but in
no case shall be located in the front yard of the business;
10-28.3 The residence must be within the same structure as the
business.
10-29 Overnight Camping Trailer
Overnight camping trailers are
on lots in any district. They
overnight camping trailer parks.
10-30 Emergency shelter Mission
permitted to be stored unoccupied
are permitted to be occupied in
Do you want to allow these in churches with a maximum percentage
of floor area (i.e. not to exceed 25% of the total heated space in
the church structure)?
What other requirements would you like to see?
10-31 Cluster Housing
Cluster housing may be permitted in any R district provided that:
Page 10-12

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10-31.1 The density of the cluster housing does not exceed the
maximum density requirements of the district in which it is to be
located;
10-31.2 The minimum setback requirements for the perimeter of
the property are as follows:
Front - 40 feet
Side - 40 feet
Rear - 40 feet
10-31.3 zero lot line may be permitted within cluster housing
developments subject to approval of the Planning Board and Council.
10-31.4 Approval of cluster housing developments shall be in
accordance with the procedures outlined in the subdivision
Regulations.
30-31.5 Open space shall be deeded to the homeowners'
association and shall not be developed.
10-32 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 ramp, piers and
boat petroleum service areas subject to the following requirements:
10-32.1 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.
10-33 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:
10-33.1 Gasoline pumps and other appliances shall be located a
minimum of fifteen (15) feet from any property line.
10-33.2 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.
I0-33.3 All underground storage tank facilities shall comply
with all federal, state and local regulations.
Page 10-13

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SECTION ELEVEN
OFF-STREET PARKING AND SERVICE REQUIREMENTS
11-1 General Provisions.
11-1.1 Scope of Provisions. Except as provided in this section
application for a building permit fer----mt��bfanrrl,---eeere3e�;
indnstriei--!*a-,--red#g#ens;-pu�r�ic,--er-Vi-:._=_=-strnetare 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.
A plot plan identifying the location of parking spaces shall not be
required for single-family and/or two-family uses.
11-1.2 Off-street parking required. 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
7th and 10th Streets as provided in the off-street parking ordinance of
Morehead City.
11-1.3 Combined lots permissible. The required parking space for any
number of separate establishments may bd 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.
(1) If the required automobile parking spaces cannot reasonably be
provided on the same lot on which the principal use is conducted,
the Board of Adjustment may, as a special exception, permit such
spaces to be provided on other off-street property provided suchs
pace lies within four hundred (400) feet of the main entrance of
such principal use, and is in the same or a less restrictive
zone. Such automobile parking space shall be associated with the
principal use and shall not thereafter be reduced or encroached
upon in any manner.

II
' (2) When such off-street parking is provided on a location other
than that on which the principal use is situated, the applicant
for a permit for the principal use shall submit with his
application for a building permit an instrument duly executed and
acknowledged which subjects said lot, parcel or tract of alnd to
parking use in connection with the principal use for which it is
' made available so long as the lot upon which the principal use is
located is occupied by a use required to provide off-street
parking by the provisions of this code. The applicant shall
' deposit the necessary fee, and, upon the issuance of a building
permit, the buildng inspector shall cause said instrument to be
registered in the office of the register of deeds.
'(3)Extension of parking spaces into a residential district. --
------ Neeessary Required customer and employee parking spaces may
extend up to one hundred twenty (120) feet in a residential
zoning district, proivded that:
(a) the parking space adjoins a commercial, office/professional,
' or industrial district;
(b) 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,
(c) is separated from abutting propertyies or streets in the
' residential district by a planted buffer strip as described
in Section Ten (10-7).
'11-1.4 Exceptions and Modifications. Any structure or use in
existence on the effective date of this ordinance is not affected by the
provisions of this section until such time as the existing gross floor area
is increased ten percent (10%) or more. In the event of building
' destruction these provisions shall be waived in accordance with Section 4-
of this ordinance.
' 11-2 Plan and Design Standards.
11-2.1 Required area for each parking space. Each automobile parking
space shall contain not less than two hundred (200) square feet plus
adequate maneuvering space. Each parking space and stall shall contain not
less than two hundred (200) square feet of space and shall be not less than
ten (10) feet in width and not less than twenty (20) feet in length.
' 11-2.2 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
all times maintained at the expense of the owners thereof, in a clean and
serviceable condition.
' 11-2

II
' 11-2.3 Separation from walkways, sidewalks and streets. All off-
street parking, loading and service areas shall be seaparated from
walkways, sidewalks, and streets' by curbing or other suitable protective
device to prevent vehicles from hanging over these use areas.
(Ord. No 1987-13, 6-9-87)
11-3 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' on the
basis of the largest number of persons to be employed on the largest shift.
11-3.1 Residential and related uses
(a) Apartment/Multifamily
Dwelling
(b) Single -Family Residence
(c) Boarding House
(d) Home Occupation
(e) Family Care Home
(f) Dormitories
(g) Efficiency Apartment
(h) Mobile Home Park
2 spaces per each 1 bedroom
unit;
2 spaces per each 2 bedroom
unit;
2.5 spaces per each 3+ bedroom
unit;. plus
I space for every six units for
overflow.
2 spaces
1 space for each two rooms
rented
1 space in addition to
residence requirement
'1 space for each 2 beds plus
1 space for each 2
employees plus 1 space
staff doctor
1 space for each 3 residents
1 space in addition to the
residence requirement
2 spaces for each mobile home
stall
11-3

11-3.2 Public and Semi -Public Uses
(a) Hospital
(b) Clinic
(c) Nursing Home
(d) Churches
(e) Elementary and Junior
High School
(f) Senior High School
(g) Stadium
(h) Auditorium/Theater
(i) Public/Private Clubs
(j) Public Utility Building
' (k) Day Care Center, Child or
Adult
(1) Library
U
1 space for each two beds
intended for patient use,
plus one space for each
staff or visiting doctor,
1 space for each 3
employees
4 spaces for each doctor plus
1 space for each
employee
1 space for each 5 beds intended
for patient use
1 space for each 8 seats in the
sanctuary
1 space for each employee
plus 5 visitor spaces
1 space for.each 20 students for
which the building was
designed plus 1 space for
each classroom and
administrative office
employee
I space for each 8 seats
1 space for each 4 seats in
the largest assembly
room
,1 space for each 200 square
feet of gross floor area
or 1 space for every 6
members, whichever is
greater
1 space for each employee
1 space for each employee plus
4 spaces for drive-in
off-street dropoff and
pickup.
1 space for each 3 seats for
patron use
11-4

11-3.3 Business Uses
(a) Tourist home, Hotel, Motel,
Bed and Breakfast,
Motor Inn
(b) Professional office other
than Medical
(c) Medical office
' (d) Banks
' (e) Automobile Service Station
or Repair Garage
11
(f) Theater
(g) Funeral Home
(h) Retail Uses
(i) Shopping centers
1 space for each room to be
rented plus i additional
space for every 2
employees
1 space for each 200 square feet
of gross floor area
1 space for each 300 square feet
of gross floor area plus
3 spaces for each doctor
1 space for each 200 square feet
of gross floor area plus
1 space for each 2
employees
3 spaces for each grease or wash
rack.and 1 space for each
2 employees, but no fewer
than 5 spaces (these
spaces are required
exclusive of vehicle
service areas
1 space for each 4 seats
1 space for each 4 seats in the
assembly room or chapel
plus 5 spaces for funeral
vehicles plus 1 space for
each 2 employees'
1 space for each 200 square feet
of gross floor area
7 spaces for each 1,000 square
feet of gross leasable
floor area
it-5

'
(j)
Health/Fitness Center
1
space for each 3 persons able
to use such facility at
its maximum capacity plus
10 spaces for waiting
plus 1 space for each 2
employees plus 1 space
for every 250 square feet
'
of floor space
(k)
Restaurant
I
space for each 3 seats plus 1
'
space for each 2
employees
'
(1)
Restaurant, Drive -In
1
space for each 3 seats plus a
minimum of 15 spaces for
drive-in service plus 1
space for each 2
'
employees
(m)
Marina and/or Boat
Storage
Parking spaces equal to 60% of
the number of boats for
which facilities for dry
storage are available
'
plus 1 space for each 2
wet slips plus 1 space
'
for each employee
11-3.4
Recreational Uses
'
(a)
Bowling Alley
3
spaces per lane plus
requirements for any
other use associated with
the establishment such as
a restaurant, etc.
(b)
Golf Course
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.
1
space for each 3 persons able
'
to use such facility at
its maximum capacity plus
10 spaces for waiting
plus I space for each 2
'
employees

11-3.5 Industrial and Wholesale Uses
(a) Wholesale and Industrial
Uses
11-3.6 Special Situations
1.5 spaces for each 2 employees
on the shift of greatest
employment plus 1 space
for each managerial
personnel plus 1 visitor
space for every 10
managerial personnel plus
1 space for each vehicle
used directly in the
conduct of the operation
(a) Special situations or situations to which none of the above
can be applied to shall be determined by the Board of
Adjustment.
11-4 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 of vehicles 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.
11-4.1 Retail Business
11-4.2 Wholesale and Industrial
1 space for each 5,000 square
feet of floor space or major
fraction thereof but not to
exceed two (2) spaces
1 space for each 10,000 square
feet of floor space or major
fraction thereof but not to
exceed three (3) spaces
11-7

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SECTION TWELVE
SIGNS
12-1 Purpose.
It is the purpose of this section to permit signs of a commercial,
industrial and residential nature in districts which have uses with
appropriate need for signs and to regulate the size and placement of signs
intended to be seen from a public right-of-way.
12-2 General provisions.
All signs shall be covered by these regulations and shall be erected,
constructed and maintained in accordance with the provisions of this
section. only those signs that are specified in this section shall be
erected within the jurisdictional area of this ordinance.
12-2.1 Traffic safety. No sign shall be erected or continued that:
(A) Obstructs the sight distance at intersections of public
right-of-way;
(B) Would tend, by its location, color or nature, to be confused
with or obstruct the view of traffic signs or signals, or
would tend to be confused with a flashing light of an
emergency vehicle; or
(C) Uses admonitions such as "stop", "go", "slow", "danger",
etc., which might be confused with traffic directional
signals and signs.
1272.2 Maintenance. Whenever a sign becomes structurally unsafe or
endangers the safety of a building or the public, the building
inspector shall order that such sign be made safe or removed. A
period of ten (10) days following receipt of said order by the
person, firm or corporation owning or leasing the sign shall be
allowed for compliance.
12-2.3 Construction prohibited. No sign shall be attached to or
painted on any telephone pole, light pole, telegraph pole or
other manmade object not intended to support a sign or to any
tree, rock or other natural object.
12-2.4 Illumination. Illumination devices such as, but not limited
to flood or spot lights shall be so placed and so shielded as to
12-1

prevent the rays of illumination therefrom being cast upon
neighboring buildings and/or vehicles approaching from either
direction. No oscillating, rotating, flashing, flickering,
blinking or gaudily colored lighting of signs shall be permitted.
4z�-z-S---NeneeA€ermsng--Gigns_r-- A��--signs--or-rtising-s-t�et��es
�eeated-in-di�t�-iete--�kcey--c+cx�lc�-rrab-be-}9e�m3tted-�s--e---near tree -ender
the--ber!»s--ef-�*eee--regn�at}ens--ai-e--hereby-�lsi-ed--te--be--neneenf erminq
uses---�Fo�eorrferrm i-ng--signs--st:a-��-be-ren�eved-�+3t�i3n-t�rree--(3�--yee�-ef -the
edeptien-of--this-erdtnnnee----0utYMor-acfs�ertis�ng-a#gns-ere--exclt�ed-f rem
the-previs#ens-ef-this-parngreph-
iff:E-6-- �eitzsitxr-- Siexcluded-f-rm
these-regulations7
12-2.5 Determination of Sign Area. For the purposes of this
ordinance, the square footage area of any sign shall be measured by the
smallest area enclosed by one continuous line connecting the extreme points
or edges of the sign. This includes lattice work, frame, border molding,
letering and display area incidental to the sign's decoration.
' 12-3 Administration, filing procedure and permits.
12-3.1 Administration. The building inspector shall issue a permit
'for the erection or construction only for a sign which meets the
requirements of this section.
12-3.2 Filing procedure. Applications for permits to erect, hang
' place, paint or alter the structure of a sign shall be made on forms
obtainable from the building inspector. Each application shall be
accompanied by a plan showing the following:
(A) Area of the sign;
' (B) Size, character, general layout and designs proposed for
painting display;
(C) The method and type of illumination, if any;
(D) The location proposed for such signs in relation to property
lines, zoning district boundaries, right-of-way lines, and
existing signs;
(E) If conditions warrant it, the building inspector may require
such additional information as will enable him to determine
'
if such sign is to
be erected in conformance with these
regulations; and
'
(F) Payment of fee to
obtain building permit.
A record of
all applications and
action taken shall be kept in the Building
'
Inspections
Department.
12-4 Signs
which do not require
a permit.
12-2

The following signs may be erected, hung or placed without a permit
from the building inspector, but shall not be illuminated unless otherwise
specified. Illuminated signs shall be required to obtain an electrical
permit.
12-4.1 Temporary Real Estate Signs. -One- te�aporery--reab-eahaiti-s4gn
en-eaeh-street-frentege---In accordance with Section 12-6.6.
12-4.2 Temporary Construction Signs. ene-temperery-eenstruetien-site
sign-net-�==�_flg-�3rsrt�y--twro--F3-2-)--sc;ttare-feet-ereeteel--orr-tYre-a�te•-dnr#ng
the -per# ed-ef-trotstrtiet3em-to-orrne,e-tire--rx�me--o�--tt�-corner-er-deve � ep er ;
eentraeters;-echiteet;-rnd--planner;-�andseape-ee�i3tect-vr -engineer. In
accordance with Section 12-6.5.
12-4.3 Direction or Information Signs. Direction or information
signs of
a public or quasi -public nature shall not exceed twelve (12)
square feet
in area. If such signs are illuminated, an electrical permit
be
required. Such signs shall only be used for the purpose of
'shall
stating or
calling attention to:
(A)
the name or location of the town, hospital, community center,
public or private school, church, synagogue or other place of
worship; this type of sign may be illuminated internally only;
(B)
The name of a place of meeting of an official or civic body such
as the chamber of commerce, service club or fraternal
organization; this type sign may be illuminated internally only;
'
(C)
An event of public interest such as a public hearing, rezoning
announcement, general election, church or public meeting, local
or county fair and similar community activities or campaigns;
'
(D)
Soil conservation, 4-H and similar projects; and
'
(E)
Zoning and subdivision jurisdictional boundaries.
12-4.4
Political Signs. In accordance with Section 12-6.7.
12-4.5 Setback Requirements. Signs which do not require a permit
shall be setback at least ten (10) feet from any public right-of-
way line or property line and shall be set back at least fifty
' (50) feet from any road intersection right-of-way line.
12-5 Signs which require a permit.
' No sign except those listed in Section 12-4 shall be erected, hung,
placed or structurally altered without a permit from the building
inspector. The following signs shall be erected, hung, placed or
'structurally altered onlyu after a permit has been issued by the building
inspector and the minimum requirements for such signs are met.
' 12-3

12-5.1 Temporary Sign. A temporary sign permit shall be required for
all signs of a temporary nature which ere-enn�nerateel-art 1�-�1 �--emd-�2-4.-2
ns-s3gtfs-irhich--do--aet-rega3re-tom ssuence-of-a-�re�mit;--ixrt--wi�i�h-exeeed
the-a3�o-speci-f-it�et-i<ms--ec>ntaitied-ttKre�a.---4'emporerp--Digits--exeeec4rrrt-the
mnx#mtim-messareMents-set-Earth-#n-4S-4-i-and-iE-4r�-mash-be-eppreved-by-the
planning -beard --do not meet the requirements of Sections 12-4.1 and 12-4.2.
The Planning Board shall approve all temporary signs which exceed the
maximum requirements of Sections 12-4.1 and 12-4.2. A temporary.sign shall
not remain in place for a period exceeding twelve (12) months. The
applicant for a temporary signs permit shall deposit a sum of one dollar
($1.00) for each square foot of sign area with the building inspector to
ensure proper removal of the temporary sign when its purpose ceases to
exist or when the permit period expires, whichever is the shorter period of
time. The deposit shall be returned in full to the applicant upon the
satisfaction of the requirements for removal
12-5.2 Outdoor Advertising Signs.
(A) Each outdoor advertising sign shall require a permit.
(B) An outdoor advertising sign may be illuminated.
(C) (Reserved.)
(D) Where outdoor advertising signs are freestanding, uprights
shall be spaced no more than twelve (12) feet on centers.
The minimum clear distance between the ground level and the
bottom of the trim shall be ten (10) feet.
(E) The backs of all structures shall be painted in a neutral
color to blend with the surrounding area.
(F) The area surrounding the base of all signs shall be
maintained free of unsightly debris.
(G) Shrubbery may be planted around sign bases.
(H) The height of an outdoor advertising sign shall not exceed
thirty-five (35) feet from the grade of the right-of-way or
surface grade beneath the sign, whichever is less. The
clearance of an outdoor advertising sign shall not be less
than eight (a) feet from the grade of the right-of-way or
surface grade beneath the sign, whichever is less.
(I) Outdoor advertising signs shall be set back a distance equal
to the minimum setback requirements for the district in
which they are located unless otherwise specified in this
section. No permit shall be issued for any outdoor
advertising sign closer than one hundred (100) feet to any
residential use or residentially zoned property. In
districts where there are no setback requirements, all
freestanding outdoor advertising signs shall be at least ten
(10) feet from all right-of-way lines or property lines and
one hundred (100) feet from the intersections of rights -of
12-4

way. The minimum distance
hundred (300) feet.
State law reference - Outdoor Advertising
12-5.3 Principal use signs.
between signs shall be three
Control Act, G.S. 136-126 et seq.
(A) Each principal use sign shall require a permit.
(B) Principal use signs may be illuminated by indirect or
internal illumination.
(C) The height of a principal use, freestanding sign shall not
exceed thirty-five (35) feet or the height of the roof line
of the nearest building, whichever is less. Height is
' measured from the grade of the right-of-way or surface grade
beneath the sign, whichever is less.
' (D) Temporary, identification and principal use signs shall be
set back at least ten (10) feet from any right-of-way line
or property line and fifty (50) feet from any street
intersection right-of-way lines unless the sign is located
in the CD or CMD districts. ---------------Th#s-deer-net-epp�y-#n-the
eB-end-eMB-distriets-In the CD and CMD districts, adequate
setback and clearance shall be provided in order that trucks
' and other large vehicles may move close.to the curb. No
part of an attached or freestanding sign shall extend beyond
a line projected vertically from two (2) feet inside the
' curb as defined and no portion of such sign shall be less
than ten (10) feet above the finished grade of the sidewalk,
provided that where the sign clearance is at least fifteen
' (15) feet above he finished sidewalk grade, such projecting
or freestanding sign may be extended to a line projected
vertically from the curb line.
' (E) Principal use wall signs shall be permitted, but cannot
exceed more than fifty percent (50%) of the total wall area.
' (F) One freestanding sign shall be permitted per commercial
building with a maximum of 80 square feet of sign area per
building.
' 12-5.4 Beas#tp-eae'-setbaek-regte3remeRfs-€er-signs-rrh#eh-regte#re
permits.. ****The sections located under this section have
been moved to Sections 12-5.3 and 12.5.4, respectively.*****
' 12-6 Signs permitted in all zoning Districts.
'The following signs shall be permitted in all districts in
accordance with the requirements stated.
' 12.6.1 Permanent Subdivision Identification Signs. These signs
shall not exceed forty-eight (48) square feet in area. Such
signs shall be placed so as not to obstruct the view of
traffic and may be illuminated.
' 12-5

12.6.2 Non -Profit Organizations. Signs erected by non-profit
organizations shall not exceed fifteen (15) square feet.
12-6.3 Churches or Public Bulletin Boards. Signs advertising
churches on premise or public bulletin boards shall not.
exceed thirty-two (32) square feet in area. Such bulletin
boards may be illuminated.
12-6.4 Off -Premise Church Signs. Signs identifying the name or
location of the church, provided that such sign shall not
exceed eight (a) square feet in area. No such sign shall be
illuminated or contain moving parts.
' 12-6.5 Temporary Construction Signs and Financial Institution
Signs. These signs may be displayed in commercial and
industrial districts, not to exceed two (2) signs per
building site and not to exceed thirty-two (32) square feet
per sign. If the builling site has more than one hundred
(100) linear feet of raod frontage, an additional one -
quarter (1/4) square foot may be added for each one (1)
linear foot of road frontage over 100 feet. Such sign(s)
shall be removed within seven (7) days after construction
work has been completed and the building occupancy permit
has been issued.
Temporary construction signs and financial institution
' signs not exceeding fifteen (15) square feet shall be
allowed in all residential areas.
12-6.6 Temporary Real Estate Signs. These signs may be displayed
' in commercial and industrial districts, on (1) sign per
building site not to exceed thirty-two (32) square feet per
sign. If the buidling site has more than one hundred (100),
' linear feet of raod frontage, an additional one -quarter
(1/4) square foot may be added for each one (1) linear foot
of road frontage over 100 feet. 'Such sign must be removed
' after the property has been transferred.
Temporary real estate signs not exceeding ten (10) square
feet shall be allowed in all residential districts.
' 12-6.7 Political Campaign sigps. Political campaign signs not
exceeding thirty-two square feet may be posted on private
property. Such signs shall be removed within seven (7) days
' following the election. In no case shall political signs be
permitted within a public right-of-way.
12-7 Sign Requirements in Residential Districts.
In addition to the signs listed under Section 12-6, the following
regulations shall apply in residential districts.
12-7.1 Illumination. No sign located in a residential district shall
be illuminated unless otherwise stated.
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' 12-6

12-7.2 No advertising sign shall be permitted in residential
districts except signs advertising an existing non -conforming
use, regardless of the residential district within which the
nonconforming use is located. Such signs may be illuminated.
When the non -conforming use is discontinued, the sign shall be
removed.
12-7.3 All signs in the residential district requiring a permit shall
be set back a minimum of ten (10) feet from the right-of-way.
12-7.4 Home occupations shall be permitted to have one (1) sign not
exceeding four (4) feet in height and not exceeding six (6)
square feet in sign area.
12-7.5 Businesses allowed as permitted and special uses in
residential districts in accordance with the ordinance shall be
permitted to have one (1) sign for each street front not
exceeding six (6) feet in height and not exceeding twenty (20)
square feet in sign area.
12-8 Sign Requirements in Commercial and Industrial Districts (including
OP)
In addition to the requirements listed under other Sections of this
ordinance, the following regulations shall apply in commercial and
industrial districts.
12-8.1 Signs in commercial and industrial districts are permitted to
be illuminated by indirect or internal illumination.
12-8.2 Signs permitted on the premises of special uses shall meet the
terms of Section 12.
12-8.3 Roof signs (attached to roof) shall not extend beyond the
highest point of the roof line.
12-8.4 Directional signs not exceeding six (6) square feet per face
shall be permitted. No more than two (2) directional signs shall
be permitted at each entrance.
12-8.5 Menu boards shall be permitted and shall not be visible from
the street right-of-way. The maximum sign area shall be fifteen
(15) square feet.
12-8.6 Outdoor advertising signs shall be permitted in the CH, IU and
IP districts.
12-9 Nonconforming signs.
All signs located in districts where they would not be permitted under
this ordinance and all signs which do not meet the provisions of Section 12
of this ordinance shall be considered non -conforming signs and shall be
subject to Section 12-9.
12-7

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12-9.1 No nonconforming sign shall be structurally altered so as to
change the shape, size, type or design of the sign, nor shall any
nonconforming sign be relocated.
12-9.2 No nonconforming sign shall be allowed to remain after the
activity, business or use to which it relates has been
discontinued.
12-9.3 If a non -conforming sign damaged in such a manner that the
estimated expense of repairs exceeds fifty percent (50%) of its
replacement value, the sign shall not be allowed to remain or be
repaired and must be removed.
12-9.4 Any non -conforming sign created as a result of an amendment to
this ordinance shall have four (4) years from the date of such
amendment to conform to the requirements of this Section.
12-9.5 Outdoor advertising signs shall not be required to meet the
provisions of Section 12-9.
12-8

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' SECTION THIRTEEN
' BOARD OF ADJUSTMENT
' 13-1 Creating the Board of Adjustment
The Board of Adjustment is hereby created, which shall consist of ten
'(10) members, five (5) members of which and not more than two (2)
alternates to serve in the absence of regular members shall reside within
the town limits and shall be appointed by the Morehead City Town Council
for overlapping terms of three (3) years. The other five (5) members and
'two (2) alternates of the Board of Adjustment shall reside in the extra-
territorial area of the Town of Morehead City and shall be appointed by, the
Carteret County Board of Commissioners. Except as provided herein with
respoect to being chairperson, such members shall .have equal rights,
privileges and duties with the other members of the Board of Adjustment in
all matters pertainint to the regulation of Morehead City and its extra-
'territorial area. Extra -territorial members shall be appointed for
overlapping terms of three (3) years. 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 Town Council requesting that such appointment be made, the
Morehead City Town Council may thereupon make such appointments. The
members of the Board of Adjustment shall elect a chairperson from among
' those members residning within the town limits.
13-2 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 eight (8) members of the board or 4/5th
of the Boardfs membership shall be necessary to reverse any decision of the
Building Inspector, 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 Boards of Adjustment, specifically G>S> 160A-388.
' 13-3 Powers and duties.
The Board of Adjustment shall have the following powers and duties:
13-3.1 Administrative Review. To hear and decide appeals where it is
alleged there is error in any order, requirement, decision or
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determination made by the Building Inspector in the enforcement
of this ordinance.
13-3.2 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 ordinance. (See Section Eight.) The board
shall not grant a special use permit unless and until the
following stipulations and requirements are met.
(1) A written application for a special use permit is submitted
indicating the section of this ordinance under which the special
epp�ieatien-fer-e-eert�f#ente-ef-aening-eemp�#epee-endter-a
-----eertif#cafe-ef-eeet:paney-
' (2) The requirements and stipulations of Section 8-1 and Section 8-2
are satisfied.
13-3.3 Variances. To authorize upon appeal in specific cases such
'
variances from 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 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. 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:
'
(1)
That special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which
are not applicable to other lands, structures or buildings in the
'
same district;
(2)
That 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;
'
(3)
That the special conditions and circumstances do not result from
the actions of the applicant;
'
(4)
That the hardship is of a physical nature and not economic; and
(5)
That granting the variance requested will not confer on the
applicant any special privilege that is denied by this ordinance
'
to other land, structures or buildings in the same district.
'
13-3.4 Interpretation. The Board of Adjustment is responsible for
interpreting the provisions of the ordinance if there is a
question about the meaning or application of a provision 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 Building Inspector will
consistently use that interpretation in the administration of the
1

ordinance. The Board may also ask that the ordinance be amended
to clarify a problem with the ordinance that has come to the
Board's attention.
13-4 Filing and notice for an appeal.
13-4.1 Appeals from the enforcement and interpretation of this
ordinance and requests for special uses or variances shall be
filed with the Building Inspector specifying the grounds thereof.
The Building Inspector shall transmit to the Board of Adjustment
all applications and records pertaining to such appeals,
variances or special uses.
13-4.2 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.
13-4.3 An appeal stays all proceedings in furtherance of the action
appealed from unless the Building Inspector certifies to the Board of
'Adjustment that by reason of facts stated in the record, a stay would, in
his opinion cause imminent peril to life and property, in which case
proceedings shall not be stayed otherwise than by an order from. the
Superior Court meeting in Carteret County.
' 13-5 Fees for variances, special uses or appeals.
A fee to be set by the Town Council shall be paid to the Town of
Morehead City, North Carolina for each application for a variance, special
use or appeal, to cover the necessary adminstrative costs and advertising.
1 13-6 Appeal from the Board of Adjustment.
Appeal from the decisions of the. Board of
' Carteret County Superior Court.
State law reference - Review of decisions
G.S. 160A-388(e).
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of Board of Adjustment,

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1 14-1 Who May Petition
SECTION FOURTEEN
A petition for a zoning amendment may be initiated by the Town
1 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.
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14-2 Fee.
A fee to be set by the Town 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.
14-3 Application procedure.
Any application for an amendment to the Zoning ordinance shall be
filed with the administrator of this ordinance at least twenty-one (21)
1 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
1 shall be signed, be-#n-dag}#eatep and shall contain at least the following
information:
1 14-3.1 The applicant's name in full, applicant's address and
description of the property to be rezoned;
14-3.2 Applicant's interest in the property and type of rezoning
1 or amendment requested;
14-3.3 If the proposed change would require a change in the zoning
1 map, an accurate diagram of the property proposed for rezoning
showing:
1 (A) All adjoining property lines with dimensions; north arrow;
(B) Adjoining streets wtih rights -of -way and paving widths;
(C) The location of all structures;
(D) The use of all land;
1 (E) Zoning classification of all abutting zoning districts;
(F) eomprehensive-site-plan-#f-the-applieetien-is-for------
---------------eemmere3a�;-#ndnstr#a�-er-molt#fam#ly-devefapment;-and
1
1 Page 14-1

14-3.4 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;
14-3.5 An-impact-stt�dq-regard#ng-drainage-of-tke-area-te-be-rea
and-aid-edge#Wing-prepertq-and-a��-downstream-properties-as
regards-snrfece-rnneff-venter-�keii-be-performed-bq-a-r�gist
send-snrveger-er-registered-engineer---Aii-proposed-draineg
the-prepertq-te-be-resened-shnii-be-set-fertk-in-the-iapeet
end-sheii-be-in-eempiienee-with-6eetien---------9-5-ef-this
Seeing-erd#Hance-
14-4 Proposed amendments to be submitted to Planning Board for
recommendation.
Unless initiated by the Planning. Board, the Town Council shall submit
all proposed amendments to the Zoning 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 within which 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.
14-5 Required public hearing.
A public hearing shall be held by Town Council before the adoption of
any proposed amendment to the Zoning 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, said
notice to be published not more than
twenty-five (25) days not less than ten (10) days prior to the date
established for such public hearing.
14-6 Petition withdrawal.
'Any petition for an amendment to this ordinance may be withdrawn at
any time at the discretion of the person initiating such a request, upon
written notice to the City Manager.
' 14-7 Reconsideration.
When the Town Council shall have denied any application for the change
'of any zoning district, it 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.
14-8 Protest against an amendment.
'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
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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 Town council.
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SECTION FIFTEEN
ADMINSTRATION, ENFORCEMENT AND PENALTIES*
15-1 Building Inspector.
The building inspector is hereby authorized, and it shall be his duty,
to enforce and administer the provisions of this ordinance. If a ruling of
the building inspector is questioned, the aggrieved party or parties may
appeal such ruling to the Board of Adjustment. Appeals made from the Board
of Adjustment shall be made to the Carteret County Superior Court.
15-2 Building permit required.
No building, sign or other structure shall be erected, moved, extended
or enlarged, or structurally altered, nor shall any excavation or Pilling
of a ny lot for the construction of any building be commenced until the
building inspector issues a building permit for such work in accordance
with the requirements of this ordinance.
15-3 Application for a building permit.
Each application to the building inspector for a building permit to
construct a new building (including but not limited to: commercial and
industrial structures, single-family dwellings, duplexes, accessory
buildings and minor additions) shall be accompanied by a plot plan to
scale, in duplicate te-inelnele-single-€am#4y-dWe��ings--elup}exec--eeeessery
bui�elings-end-miner-aelelihiens; showing:
15-3.1 The actual dimensions of the lot to be built upon;
15-3.2 The size of the building to be erected;
15-3.3 The location of existing structures on the lot, if any;
15-3.4 The number of dwelling, commercial or industrial units the
building is designed to accommodate;
15-3.5 The approximate setback lines of buildings on adjoining lots;
15-3.6 'Phe-number-e£-housekeeping-units-the-building-is-inbenele$-te
'----------aeeammeelste;-and
The exact setback lines of the building on the lot to be built
upon;
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' 15-3.7 Such other information as may be essential for determining
whether the provisions of this ordinance are being observed.
'Any building permit issued shall become invalid unless the work
authorized by it shall have been commenced within six (6) months of its
date of issuance or if the work authorized byt it is suspended or abandoned
for a period of one (1) year, unless such building permit was issued for a
use which obtained vested right status under Section Eighteen of this
ordinance.
15-4 zoning Permits.
It is illegal for any person to begin construction of, or change the
use of, a structure or any part of a structure without obtaining a zoning
permit from the Building Inspector. In addition to the submission of the
information listed in Section 15-3, the following information shall be
required prior to the issuance of a zoning permit:
I5-4.1 The interior floor plans, if necessary for determinations to
' be made under other sections of this ordinance;
15-4.2 Number and location of any required parking spaces;
' 15-4.3 Number, location and dimensions of any proposed or existing
signs.
'The Building Inspector will not issue a zoning permit unless the plot
plans, zoning specifications and intended use of the structure conform to
the requirements of this ordinance. The application for a zoning permit
shall be accompanied by information sufficient to allow the Building
' Inspector to act on the request.
In cases where the applicant for a zoning permit appeals a decision
'from the Building Inspector or applies for a special use permit or variance
from the provisions of this ordinance, the Building Inspector will forward
all information pertaining to the application to the Board of Adjustment.
' Any zoning permit issued shall become invalid unless the work
authorized by it shall have been commenced within six (6) months of its
date of issuance or if the work authorized byt it is suspended or abandoned
'for a period of one (1) year, unless such zoning permit was issued for a
use which obtained vested right status under Section Eighteen of this
ordinance.
' 15-5 zoning Compliance Certificate.
'In order to ensure successful completion of all improvements required
for a use as outlined in this ordinance, the Building Inspector shall
conduct a final inspection prior to issuance of the certificate of
Occupancy. The purpose of this inspection will be to review the
'development and ensure compliance with the zoning permit issued. The
Building Inspector shall provide written certification indicating that the
use meets all applicable requirements.
' Page 15-2

It is illegal to occupy or change the use of any building or land
until a Zoning Compliance Certificate has been issued by the Building
Inspector.
15-6 Certificate of Occupancy required.
A certificate of occupancy issued by the Building Inspector is
required in advance of:
15-6.1 Occupancy or use of a building hereafter erected, altered or
moved; and
15-6.2 A change of use in any building or on land.
A Certificate of Occupancy, either for the whole or a part of a
building shall be applied for within ten (10) days after the erection or
the structural alteration of such building or part shall have been
completed in conformity with the provisions of the ordinance. A
Certificate of. Occupancy shall not be issued unless the proposed use of a
building or land conforms to the applicable provisions of this ordinance.
If the Certificate of Occupancy is denied, the Building Inspector shall
state in writing the reasons for refusal and the applicant shall be
notified of the refusal.
A record of all Certificates of Occupancy shall be kept on file in the
office of the Building Inspector and copies shall be furnished on request,
to any person having a propietary or tenancy interest in the building or
land involved.
15-7 Grading permit.
■ 15-7.1 A grading permit issued by the Building Inspector shall be
required before any grading or land disturbing activities of
' one thousand (1,000) square feet or more are begun.
15-7.2 The property owner, developer` or his agent shall apply to the
' Building Inspector on a form furnished by the Building Inspector
for a grading permit.
15-7.3 If the tract of land is larger than one (1) acre and more than
' on contiguous acre is to be uncovered, the Building Inspector
shall not issue a grading permit until an Erosion and
Sedimentation Control Plan has been approved as provided by the
' Sedimentation Pollution Control Act of 1973 (NCGS 113A-50 - 113A-
66) as now appearing or as hereafter amended or replaced and
delivered to the Building Inspector.
' 15-7.4 If one (1) contiguous acre or less is to be uncovered, the
Building Inspector shall require that adequate provisions be made
to control offsite erosion, sedimentation pollution, and
' downstream runoff.
' Page 15-3

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15-7.5 The Building Inspector shall revoke any grading permit if he
' determines that the plan or provisions described above in 15-7.3
or 15-7.4 have been violated.
15-7.6 No permits, approvals or other documents relating to
development shall be issued or granted under applicable zoning,
building, subdivision and other ordinances of the town unless a
grading permit required by this section has been issued and has
not been revoked.
15-8 Enforcement powers of the Building Inspector.
The Building Inspector may provide for the enforcement of this
ordinance by means of withholding building permits and occupancy pemrits.
He may provide for enforcement by instituting injunction, mandamus or other
appropriate action or proceeding to prevent unlawful erection,
construction, reconstruction, alteration, conversion, maving, maintenance
or use; to correct or abate such violation; or to prevent the occupancy of
said building, structure or land.
15-9 Penalties for violations.
Any person violating any provisions of this ordinance shall be guilty
of a misdemeanor and upon conviction shall be punished for each offense by
a fine not exceeding fifty dollars ($50.00) or by .imprisonment not to
exceed thirty (30) days. Each day such violation continues shall be deemed
a separate offense.
The General Statutes allows local governments to charge a fine up to
$500.00. If you desire, the $50.00 amount could increased.
Page 15-4

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' SECTION SIXTEEN
DUTIES OF BUILDING INSPECTOR, BOARD OF ADJUSTMENT, TOWN COUNCIL AND COURTS
ON MATTERS OF APPEAL
11
16-1 Intent.
I ,
It. is the intent of this ordinance that all questions of
interpretation and enforcement shall be first presented to the Building
Inspector. If his decisions are questioned, the aggrieved party may then
appeal to the Board of Adjustment and that recourse from the decisions of
the Board of Adjustment shall be to the courts as provided by law
It,.
It is further the intent of this ordinance that the duties of the Town
Council in connection with the ordinance shall be to:
II
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(A) Consider and adopt or reject proposed amendments or the repeal of
this ordinance; and
(B) To establish a schedule of fees and charges as stated in this
ordinance.
I ' The duties of the Town Council shall not include hearing and deciding
questions of interpretation and enforcement that arise.
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SECTION SEVENTEEN
REENACTMENT AND REPEAL OF EXISTING ZONING
This Ordinance in part carries forward by reenactment some of the
provisions of the Zoning Ordinance of the Town of Morehead City (adopted by
the Town Council as amended) and it is not the intention to repeal but
'rather to reenact and continue in force such reenacted provisions so that
all rights and liabilities that have accrued thereunder are preserved and
may be enforced. All. provisions of the Zoning Ordinance of the Town of
'Morehead City enacted on September 8, 1947, as amended, which are not
reenacted herein are hereby repealed. All suits at law or in equity and
all prosecutions resulting from the violation of any zoning ordinance
heretofor in effect, which are now pending in any of the courts of North
Carolina or of the United States, shall not be abated or abandoned by
reason of the adoption of this ordinance but shall be prosecuted to their
finality and nothing in this ordinance shall be construed as to abandon,
' abate or dismiss any litigation or prosecution now in the courts.
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