Consolidated Development Ordinance Final Planning Board Draft-2000

CONSOLIDATED
DEVELOPMENT
ORDINANCE
TOWN OF OAK ISLAND
DEVELOPMENT SERVICES DEPARTMENT
518 YAUPON DRIVE
OAK ISLAND, NORTH CAROLINA 28465
910-278-5024
FINAL
PLANNING BOARD
DRAFT
JUNE 1, 2000
THE PREPARATION OF THIS REPORT WAS FINANCED IN PART THROUGH A GRANT PROVIDED BY THE
NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, THROUGH FUNDS PROVIDED BY THE COASTAL
ZONE MANAGEMENT ACT OF 1972, AS AMENDED, WHICH IS ADMINISTERED BY THE OFFICE OF OCEAN AND
RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

Table of Contents
Oak Island Development Ordinances
Introduction
Chapter I
Use of Land
Article I.
Short Title
Article II.
Word Interpretations and Definitions
Article III.
Zoning Districts and Boundaries
Article IV.
General Land Use Regulations
Article V.
District Regulations
Article VI.
Off -Street Parking
Article VII.
Driveways and Curb Cuts
Article VIII.
Non -conforming Lots, Structures, and Uses
Article IX.
Conditional Uses
Article X.
Signs
Article XI.
Buffers
Article XII.
Zoning Board of Adjustment
Article XIII.
Administration and Enforcement
Article XIV.
Changes and Amendments
Chapter 2
Subdivision Regulations
Article I.
Regulations in General
Article II.
Definitions and Word Interpretations
Article III.
Procedure for Review and Approval of
Subdivision Plans
Article IV.
Land Suitability, Required Improvements,
And Minimum Standards of Design
Article V.
Requirements for Preliminary and Final
Plats
i
1-1
1-1
1-10
1-12
1-16
1-35
1-40
1-42
1-44
1-58
1-63
1-64
1-67
1-69
2-1
2-5
2-9
2-19
2-31

Chapter 3
Flood Damage Prevention
Article I. Regulations in General 3-1
Article II. Definitions 3-4
Article III. Administration 3-10
Article IV. Flood Hazard Reduction 3-16
Chapter 4
Stormwater Management Ordinance
Section 2.0
Findings of Fact
4-1
Section 3.0
Objectives
4-2
Section 4.0
Definitions
4-2
Section 5.0
Applicability
4-5
Section 6.0
Contents of the Stormwater Management
Plan
4-7
Section 7.0
Procedures and Fees
4-9
Section 8.0
Performance Standards
4-11
Section 9.0
Design Standards
4-12
Section 10.0
Manual of Stormwater Management
Practices
4-13
Section 11.0
Maintenance
4-14
Section 12.0
Enforcement
4-14
Chapter 4A
Guide to Managing and Controlling Stormwater Runoff
Purpose and Intent
4A-1
Basic Objectives of Stormwater Control
4A-1
Why Manage Stormwater?
4A-2
What is Stormwater
4A-3
Stormwater Management Plan
4A-4
Stormwater Management Practices
4A-5
Definitions
4A-6
Stormwater Runoff Worksheet
4A-10
Stormwater Runoff Control Tables

Chapter 5
Protection of Sand Dunes
Article I. Regulations in General 5-1
Article II. Dune Protection Requirements,
Administration, and Enforcement 5-4
Attachment A
Construction Requirements for Oceanside Walkways and Steps
Chapter 6
Land Classification Map
Developed Class
6-1
Developed -Residential
6-2
Developed -Commercial
6-2
Limited Transition
6-3
Conservation
6-4
Coastal Wetlands
6-4
Estuarine Shoreline
6-4
Estuarine and Public Waters
6-5
Ocean Hazard Areas
6-5
Provisional Conservation— "404" Wetlands
6-5

Town of Oak Island
Development Management Plan
Introduction
The Town of Oak Island's Development Management Plan is designed to provide a
comprehensive roadmap for the use and development of land within the town's planning
jurisdiction. The plan brings together growth and development policies associated with
its CAMA Land Use Planning Program and the necessary tools, in the form of
development regulations, to implement its land use plan. To the maximum extent
possible, specific development regulations included in the plan incorporate key
components of the ordinances in effect for the Yaupon Beach and Long Beach areas of
the town.
The development management plan provides the tools that assist the town in achieving its
planning goals defined in the land use plan. These goals are summarized below:
❑ Restore and maintain a healthy beach.
❑ Make measurable improvements to the quality of the estuarine waters that surround
the town.
❑ Prevent damage to the coastal wetlands and high -value freshwater wetlands..
❑ Guide development and use of the land in a manner that protects the intrinsic values
of the town's natural environment.
❑ Manage the community's lands that are best suited for development in a manner that
optimizes their benefits to owners and residents and that minimizes negative impacts
on environmentally sensitive lands.
❑ Grow in a way that preserves Long Beach's small town qualities and maintains access
to the amenities of the coastal environment —
manage the timing of growth and development to coincide with the
availability of community services and facilities.
• protect the residential character of Long Beach.
• provide for a range of affordable housing types to serve a diverse community.
• develop pedestrian and bike -friendly streets.
• maintain attractive, community -oriented commercial areas.
• continue improving access to the beach and estuarine waters.
❑ Continue supporting a family -oriented community and expanding the employment
opportunities in retail and services to support year-round residents and seasonal
visitors.

❑ Minimize the damage and disruption that storms can inflict on Long Beach.
• maintain a "healthy" beach with stable dunes and a wide beach.
• ensure safe construction through the Town's building codes program.
To achieve these goals, the plan includes the following specific elements:
• A zoning ordinance that provides guidance for where various land uses may
be located and to some extent how these uses must be developed.
• Subdivision regulations that provide guidance on the subdivision of land for
development purposes, the types of improvements that must be provided, and
design standards for the improvements.
• Flood damage prevention regulations that are designed to minimize the risk
to life and property from the hazards associated with development within
areas with the risk of flooding.
• A stormwater management ordinance that contains guidelines to protect the
town's surface waters from degradation due to pollutants and sedimentation
associated with stormwater runoff.
• A dune protection ordinance that protects the town's dune system from
damage due to development or construction.
To provide an essential link between the development management plan and the land use
plan, the current Land Classification Plan and Map is incorporated into the plan as
Chapter 6.
ii

Chapter 1
USE OF LAND
IN PURSUANCE OF AUTHORITY CONFERRED BY ARTICLE 19 PART 3 CHAPTER 160A
OF THE GENERAL STATUTES OF NORTH CAROLINA, AND FOR THE PURPOSE OR
PROMOTING THE PUBLIC HEALTH, SAFETY, MORALS, AND GENERAL WELFARE;
PROMOTING THE ORDERLY GROWTH, EXPANSION, AND DEVELOPMENT OF THE TOWN OF
OAK ISLAND; LESSENING CONGESTION IN THE ROADS AND STREETS; SECURING SAFETY
FROM FIRE, PANIC AND OTHER DANGERS; PROVIDING ADEQUATE LIGHT AND AIR;
PREVENTING THE OVERCROWDING OF LAND; AVOIDING UNDUE CONCENTRATION OF
POPULATION; AND FACILITATING THE ADEQUATE PROVISION OF TRANSPORTATION,
WATER, SEWERAGE, SCHOOLS, PARKS AND OTHER PUBLIC REQUIREMENTS; ALL IN
ACCORDANCE WITH A WELL CONSIDERED COMPREHENSIVE PLAN.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF OAK ISLAND, NORTH CAROLINA
DOES ORDAIN AS FOLLOWS:
ARTICLE I. SHORT TITLE
This ordinance shall be known as the "Zoning Ordinance" and the map herein referred to, which is
identified by the title "Zoning District Map", shall be known as the "Zoning Map".
ARTICLE II. DEFINITIONS AND WORD INTERPRETATIONS
Section 2.1 Definitions.
Accessorybuildino. A subordinate use building customarily incident to and located upon the same lot
occupied by the main use building.
Accessory use. A use customarily incidental and subordinate to the principal use or building and
located on the same lot with such principal use or building.
Allev. A roadway which affords only a secondary means of access to abutting property and not
intended for general traffic circulation.
Apartment. A room or suite of one or more rooms in a multiple dwelling intended for use as a
residence by a single family.
Apartment house. See Dwelling, Multiple.
Arcade. An amusement center where more than seventy (70) percent of business or business
revenue is generated from games and machines operated by a coin or other thing or value.
Assisted living community. Special combination of housing, personalized supportive services and
health care designed to meet the needs —both scheduled and unscheduled --of those who need help
with activities of daily living.
Bar. Open to the general public and is licensed to sell on premises unfortified wine and beer and
shall be in compliance with ABC laws. Also applies to Tavern.
Bed and breakfast inn. A house, or portion thereof, where short-term lodging rooms and meals are
provided. The operator of the inn shall live on the premises or in adjacent premises.
1-1

Board of Adjustment. A local body, created by ordinance, whose responsibility is to hear appeals
from decisions of the Zoning Administrator and other Code Officials and to consider requests for
variances from the terms of the Zoning Ordinance.
Boarding house. A building other than a hotel or motel where, for compensation, meals are served
and rooms rented.
Buffer. A six (6) foot high attractive visual barrier which will reduce noise where needed. Such
barrier shall be a decorative masonry wall or a wood stockade, basket weave, or other solid fence.
Buildin . See Structure.
Building, height of. The vertical distance from the average sidewalk grade or street grade, or finished
grade at the building line, whichever is highest, to the highest point of the building.
Building setback line. A line establishing the minimum allowable distance between the nearest
portion of any building, including uncovered porches, steps, eaves and gutters, and the nearest right-
of-way line of any street when measured perpendicularly thereto. See Lot Width.
Clinic, medical or dental. A building designed and used for outpatient medical, dental or surgical
treatment.
Cocktail lounge. See Restaurant.
Code Official. An employee of the Town of Oak Island with responsibility for administration and
enforcement of development ordinances.
Commercial recreation attraction. Any business establishment which provides outdoor entertainment,
recreation or amusement, for profit, to the general public. Commercial recreation includes, but is not
limited to, such uses as miniature golf courses, water slides, mechanical rides, go-cart or motorcycle
course, golf driving ranges or other similar uses.
Common area. All land not individually owned or dedicated and conveyed to a homeowner's
association for purposes of property maintenance.
Community center. A land use or building owned and operated by the town or a nonprofit
organization such as a church, YWCA or civic organization devoted to providing recreational and
educational facilities to the general public without profit.
Conditional (especial) use. A use permitted in one (1) or more zones, as defined in this chapter but
which, because of characteristics peculiar to such use, requires a special degree of control to make
such uses compatible with other uses in the same district or districts.
Condominium unit. An enclosed space consisting of one (1) or more rooms occupying all or part of a
floor in a building, regardless of whether it is designed for a residence, office or any other permitted
use, and it shall include any accessory spaces and areas such as garages, storage spaces, balconies
or patios. The units are sold as single units within a multiunit structure with areas also owned in
common.
Day care facilities. Any child care arrangement which provides day care on a regular basis for more
than four (4) hours per day for more than five (5) children, wherever operated and whether or not
operated for profit, except that the following are not included: public schools; non-public schools
whether or not accredited by the North Carolina 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; and Bible
Schools normally conducted during vacation periods.
1-2

Dwellinci. A building or portion thereof designed, arranged, or used for permanent living quarters for
one or more families. The term "dwelling" shall not be deemed to include a motel, hotel, tourist home,
or other structures designed for transient residence.
Dwelling, single family. A detached building designed for or occupied exclusively by one (1) family.
Dwelling. two family. A detached building designed for or occupied exclusively by two (2) families
living independently of each other.
Dwelling multiple family. A detached building designed for or occupied exclusively by three (3) or
more families living independently of each other and doing their own cooking therein, including
apartments, apartment hotels, and group houses.
Eave. An overhanging roof extension not exceeding three (3) feet.
mil . An individual or two (2) or more persons related by blood, marriage or adoption and living
together in a dwelling; or a group of not more than four (4) unrelated persons living in a single unit.
Filling station. See service station.
Fraternal organization. Any facility which a class or group of people use for meetings or religious or
philanthropic purposes, subject to the regulations of the organization. A fraternal organization shall
differ from a club or lodge in that entertainment or recreational facilities shall not be provided.
r nta e. All of the property abutting on one (1) side of a street between two (2) intersecting streets,
measured along the street line.
Garage. commercial. Any building or premises, except those described as a private or parking
garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for
operation, repaired, or kept for remuneration, hire or sale.
Garage parking. Any building or premises, other than a private or commercial garage, used
exclusively for the parking or storage of motor vehicles.
Garage. private. A building or space used as an accessory to or a part of the main 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 in any way conducted.
Ground disturbing activity. Any use of land by any person that results in a change in the natural cover
or topography and that may cause or contribute to sedimentation. This includes any activity involving,
requiring or consisting of the construction or enlargement of a structure; excavation; dredging; filling;
dumping; removal of clay, silt, sand, gravel or minerals; bulkheading, driving of pilings; clearing or
alteration of the shore or bank of water bodies in the town's jurisdiction. The following activities shall
not be considered ground disturbing activity under this article:
The use of land for the purposes of planting, growing, or harvesting plants, crops,
trees, grass or other agricultural or forestry products.
2. Work by any utility company and other persons engaged in the distribution and
transmission of petroleum products, water, telephone, or telegraph messages, or
electricity for the purpose of inspecting, repairing, maintaining, or upgrading any
existing substations, sewers, mains, pipes, cables, utility tunnels, lines, towers, poles
and the line on any of its existing utility property or rights -of -way, or the extension of
any of the above distribution related facilities to serve development.
1-3

3. Work by any utility and other persons for the purpose of construction of facilities for
the development, generation, and transmission of energy to the extent that such
activities are regulated by other law or by present or future rules of the state's Utility
Commission regulating the siting of such facilities, and work on facilities used directly
in connection with the above facilities.
4. Work by a highway or road agency for the maintenance of an existing road, if the
work is carried out on land within the boundaries of the existing right-of-way.
Guest house (Tourist home). Any dwelling occupied by owner or operator which rooms are rented
for guests and for lodging of transients and travelers for compensation.
Home care unit. A facility meeting all of the requirements of the State of North Carolina for boarding
and care or not more than five (5) persons who are not critically ill and do not need professional
medical attention and is located on a lot of at least one (1) acre in size.
Home occupation. Any profession or occupation carried on entirely within a dwelling providing that
such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, that no
more than twenty-five (25) percent of the total floor area is used for such purposes, that there is not
outside or window display. No mechanical equipment shall be installed or used other than is normally
used for domestic or home occupation purposes.
Hotel (Motel). A building or other structure kept, used, maintained, advertised as or held out to the
public to be a place where sleeping accommodations are supplied for pay to transient or permanent
guests or tenants, where rooms are furnished for the accommodation of such guests; and having or
not having one (1) or more dining rooms, restaurants, or cafes where meals or lunches are served to
such transient or permanent guests, such sleeping accommodations and dining rooms, restaurants,
or cafes, if existing, being conducted in the same buildings in connection therewith.
Inoperative vehicle. Any vehicle, designed.to be self-propelled, which, by virtue of broken or missing
component parts, is no longer capable of self -propulsion. For the purposes of this Ordinance, any
vehicle which is registered with the N.C. Division of Motor Vehicles and has a current North Carolina
Motor Vehicle Registration License affixed to it shall not be considered inoperative.
Junk yard. Any land or area used, in whole or in part, for storage and/or sale of waste paper, rags,
scrap metal, vehicles or other junk, and including storage of inoperative motor vehicles and
dismantling of such vehicles or machinery.
Lot. A parcel of land whose boundaries have been established by some legal instrument such as a
recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of
transfer of title.
Lot. corner. A lot abutting upon two (2) or more streets at their intersection.
Lot. interior. A lot other than a corner lot. .
Lot. throuoh. An interior lot having frontage on two parallel streets.
Lot. depth. The depth of a lot, for the purposes of this Ordinance, is the distance measured in the
mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the
opposite main rear line of the lot.
Lot lines. The lines bounding a lot.
14

Lot of record. A lot which is a part of a subdivision, a plat of which has been recorded in the office of
the county Register of Deeds, or a lot described by metes and bounds, the description of which has
been recorded in the office of the Register of Deeds.
Lot width. The straight line distance between the points where the building setback line intersects the
two side lot lines.
Manufactured home. A residential dwelling unit that: (i) is not constructed in accordance with the
standards set forth in the North Carolina State Building Code, and (ii) is composed of one or more
components, each of which was substantially assembled in a manufacturing plant and designed to be
transported to the lot on its own chassis, and (iii) is at least five hundred and fifty (55) square feet in
size. A manufactured home may also be referred to as a "manufactured home".
Manufactured home Class A. A manufactured home five (5) years old or younger that meets or
exceeds the construction standards promulgated by the U.S. Department of Housing and Urban
Development that were in effect at the time of construction and that satisfies each of the following
additional criteria:
1. The minimum size is 550 square feet.
2. The pitch of the roof of the manufactured home has a minimum vertical rise of two
and two -tenths (2.2) feet for each twelve feet of horizontal run; the roof is finished
with a type of shingle that is commonly used in standard residential construction and
which does not exceed the reflectivity of gloss white paint; the roof has an overhang
(eave) extending at least ten (10) inches from each vertical exterior wall.
3. The exterior siding consists of wood, hardboard, vinyl, brick or aluminum and shall be
comparable in composition, appearance, and durability to the exterior siding
commonly used in standard residential construction, and which does not exceed the
reflectivity of gloss white paint.
4. A continuous, permanent masonry foundation or masonry curtain wall, un-pierced
except for required ventilation and access, shall be installed upon a poured concrete
footer after placement on the lot, and before occupancy.
The tongue, axis, transporting light, and removable apparatus are removed after
placement on the lot and before occupancy.
The manufactured home is set up on the site in accordance with the standards set by
the N.C. Department of Insurance and any other applicable State and local laws.
7. Stairs, porches, entrance platforms and other means of entrance and exit to the
manufactured home shall be installed and constructed in accordance with the
standards set by the N.C. Department of Insurance and any other applicable State
and local laws.
8. The manufactured home shall be setback in accordance with the laws spelled out
within the text of this Ordinance.
Manufactured home park. Any site or tract of land of contiguous ownership upon which manufactures
home spaces are provided for manufactured home occupancy whether or not a charge is made for
such service. This does not include manufactured home sales lots on which unoccupied
manufactured homes are parked for the purpose of inspection and sales. .
Manufactured home space. A plot of land within a manufactured home park designed for the
accommodation of one (1) manufactured home.
1-5

Marina. A dock, pier, and/or area providing secure moorings for watercraft and offering supply, waste
disposal, and minor repair services.
Modular structure. A structure that is constructed in accordance with the construction standards of
the N.C. Uniform Residential Building Code for One- and Two -Family Dwellings and composed of
components substantially assembled in a manufacturing plant and transplanted to the building site for
final assembly and placement on a permanent foundation.
Nonconforming lot. A lot that does not meet the minimum area requirements of the district in which
the lot is located.
Nonconforming use. The use of a building, manufactured home, or land which does not conform to
the use regulations of this Ordinance for the district in which it is located, either at the effective date of
this Ordinance or as a result of subsequent amendments which may be incorporated into this
Ordinance.
Nursing home. An agency, organization or individual providing care for three (3) or more
convalescing or aged persons not related by blood or marriage to the operator [and where registered
nurses are required].
Parking facility (lot). Any area, either open or enclosed, structural or on grade located outside of the public
right-of-way and having an approved means of ingress and egress.
Parking space. A storage space of not less than nine (9) feet by eighteen (18) feet for one
automobile, plus the necessary access space.
Permitted use. Any use permitted as a right in a zoning district and subject to the limitations of the
regulations of the zoning district.
Fier. A wharf, deck, quay or other structure which provides access to and from a body of water from
land.
Pier. commercial. A privately, jointly, or publicly owned structure used for recreational or commercial
activity where a user fee is required or the use of the pier involves goods which are introduced into
commerce.
Pier, private. A privately owned structure used specifically for recreational or fishing -related
activities.
Planned unit development. A form of development usually characterized by a unified site design for a
number of housing units, clustering buildings and providing common open space, density increases,
and a mix of building types and land uses.
Premises. A parcel of land and its accompanying structure.
Private road or street. Any road or street, within a manufactured home park, group housing project,
commercial center, industrial park or other development which is not publicly maintained and is used
for access by the occupants of the development, their guests and the general public.
Public utility. A public service corporation performing some public service and subject to special
governmental regulations. Such services shall include but are not limited to water supply, electric
power and gas distribution.
Recreational vehicle. A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square
feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or
1-6

permanently towable by a passenger motor vehicle or a light -duty truck or designed to be carried on a
pickup truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Recreational vehicle park. A lot, parcel or tract of land designed to accommodate two (2) or more
recreational vehicles, motor homes and tents, but not manufactured homes, together with supporting
facilities and required open spaces. This definition shall not include migrant labor camps,
manufactured home parks or recreational vehicle sales lots.
Restaurant. An establishment where food service is a primary activity. The facility may be designed
to cater or accommodate the consumption of food either on the premises or off -premises. The
serving of alcoholic beverages in a restaurant shall be in compliance with the ABC laws.
Service station. Any building or land used for the dispensing, sale or offering for sale at retail, any
automobile fuels, lubricants, tires, and accessories, except that car washing, mechanical and
electrical repairs, and tire repairs are only performed indoors. Incidental activities shall not include
tire retreading, major body work, or major mechanical work.
Setbacks. The required distance between every structure and the lot lines of the lot on which it is
located.
Shopping center. Two (2) or more commercial establishments planned and constructed as a single
unit with off-street parking and loading facilities provided on the property and related in location, size
and types of shops to the trade area which the unit serves.
Sian. Any words, lettering, figures, numerals, emblems, devices, trademarks or trade names, or any
combination thereof, by which anything is made known and which is designed to attract attention
and/or convey a message. The following shall not be included in the application of the regulations
herein:
1. Signs not exceeding one (1) 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 connotation.
2. Flags and insignias of any government except when displayed in connection with
commercial promotion.
3. Legal notices, identification, information, or directional signs erected or required by
governmental bodies.
4. Integral decorative or architectural features on buildings except letters, trademarks,
moving parts, or moving lights.
5. Signs directing and guiding traffic and parking on private property, but bearing no
advertising matter.
Sign area. The entire face of a sign and all wall work including illuminating tubing incidental to its
decoration shall be included for measurement of sign areas. In the case of an open sign made up of
individual letters, figures or design, all intervening area shall be included as part of the sign area. In
computing sign area, only one (1) side of a double face sign structure shall be considered.
Sign. commercial accessory. A free standing sign on a commercial parcel relating to the products
sold thereon in addition to the principal use sign.
1-7

Sian. outdoor advertising. Any sign, including a standard poster panel either free standing or
attached to a structure which directs attention to a business commodity, service, entertainment, or
other activity, conducted, sold, or offered elsewhere than on the premises on which said sign is
located.
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.
Sign. temporary. A sign permitted for a period not exceeding twelve (12) months.
3=. That portion of a building included between the surface of any floor and the surface of the next
floor above it, or if there be no floor above it, then the space between such floor and the ceiling next
above it. In computing the height of a building, the height of any basement or cellar, if below grade,
shall not be included.
tree . A thoroughfare which affords the principal means of access to abutting property, including
avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare except an
alley.
Street line. The line between the street right-of-way and abutting property.
Street. through. Oak Island Drive, Yacht Drive, Beach Drive and Dolphin Drive.
Substantial improvement. Any repair, reconstruction or improvement of a building, the cost of which
equals or exceeds fifty (50) percent of the market value of the building, either before improvement or
repair is started, or if the structure has been damaged. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or
other structural part of the building commences, whether or not that alteration affects the external
dimensions of the structure.
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, manufactured homes, walls, fences, sings, billboards, poster panels and swimming
pools.
Structural alterations. Any change, except for repair or replacement, in the supporting members of a
structure, such as bearing walls, columns, beams or girders.
Town Council. The Council of the Town of Oak Island, North Carolina.
Travel trailer. Any vehicle or structure originally designed to be transported and intended for human
occupancy for short period of time, such vehicle usually containing limited or no kitchen and bathroom
facilities. Travel trailers shall include the following:
1. House trailer. A vehicular, portable structure built on a wheeled chassis, designed to
be towed by a self-propelled vehicle for use for travel, recreation, and vacation
purposes, having a body width of eight (8) feet or less or a body length of thirty-two
(32) feet or less when equipped for road travel.
2. Pickupcoach. oach. A portable structure for use as a temporary dwelling for travel,
recreation, and vacation, designed to be mounted on a truck chassis for a temporary
dwelling while either mounted or dismounted.
1-8

3. Motor home. A portable, temporary dwelling to be used for travel, recreation, and
vacation, constructed as an integral part of a self-propelled vehicle. This definition
shall include vans or panel trucks equipped for camping.
4. Camping trailer. A folding structure manufactured of metal, wood, canvas, and/or
other materials, mounted on wheels and designed for travel, recreation, and vacation
use.
Unified tract development. A tract of land under single, individual, corporate, firm, partnership or
association ownership, or under common control, that is planned and developed as an integral unit in
which lot sizes, setbacks, densities and land uses may be adjusted in return for conformity with an
approved plan for the entire project.
Variance. A variance is a relaxation of the terms of the Zoning Ordinance where such variance will
not be contrary to the public interest and where, owing to conditions peculiar to the property and not
the result of the action of the applicant a literal enforcement of the ordinance would result in
unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height,
area, and size of a structure or size of yards and open spaces; establishment or expansion of a use
otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the
presence of nonconformities in the zoning district or uses in an adjoining zoning district.
Yard. An open space on the same lot with a building, unoccupied and unobstructed from the ground
upward, except by trees or shrubbery or as otherwise provided herein.
Yard. front. A yard across the full width of the lot, extending from the front line of the building,
excluding steps and uncovered porches, to the front lot line.
Yard. rear. A yard extending across the full width of the lot and measured between the rear line of
the lot and the rear line of the main building.
Yard side. An open unoccupied space on the same lot with a building between the building and the
side line of the lot extending through from the front building line to the rear yard or to the rear line of
the lot, where no rear yard is required.
Section 2.2 Word Interpretations.
In the construction of this ordinance, the word interpretations and definitions contained in this Section
shall be observed and applied, except when the context clearly indicates otherwise.
Words used in the present tense shall include the future tense.
2. Words used in the singular number shall include the plural number and the plural
singular.
3. The word "shall" is mandatory and not discretionary.
4. The word "may" is permissive.
The word "lot" shall include the words "parcel", "plot", and "tract."
The word "building" shall include all structures regardless of similarity to buildings.
7. The phrase "used for" shall include the phrases "arranged for", "designed for",
"intended for", and "occupied for". -
1-9

Article III. Zoning Districts and Boundaries
Section 3.1 Zoning Districts
In order to achieve the purposes of this Ordinance as set forth in the introduction, the Oak Island
zoning area is hereby divided into the zoning districts listed below:
R-20 Low Density Residential District
R-9 Moderate Density Residential District
R-7500 Moderate Density Residential District
R-7 Moderate Density Residential District
R-6A Higher Density Residential District
R-66 Higher Density Residential District
R-6C Higher Density Residential District
R-6MF Higher Density Residential District
R-6MH Higher Density Residential District
CB Community Business District
CR Commercial Recreation District
C-LD Low Density Commercial District
AD Airport District
OS Open Space District
Section 3.2 District boundaries.
The boundaries of the zones are shown upon the map accompanying this Ordinance and made a part
hereof, entitled "Zoning District Map, Town of Oak Island, North Carolina." The Zoning Map and all
the notations, references and all amendments thereto, and other information shown thereon is hereby
made a part of this Ordinance the same as if such information set forth on the map were all fully
described and set out herein. The Zoning Map properly attested is on file in the office of the Town
Clerk and is available for inspection by the public.
Section 3.3 Consideration given to boundary delineations.
In the creation, by this Ordinance, of the respective zones, the Town Council has given due and
careful consideration to the peculiar suitability of each and every such zone for the particular
regulations applied thereto, and the necessary, proper, and comprehensive groupings and
arrangements of the various uses and densities of population in accordance with a well -considered
plan for the development of the town.
Section 3.4 District boundaries established.
The boundaries of such zones as are shown upon the map adopted by this Ordinance are hereby
adopted and the provisions of this Ordinance governing the use of land and buildings, the height of
buildings, building site areas, the sizes of yards about buildings and other matters as hereinafter set
forth are hereby established and declared to be in effect upon all land included within the boundaries
of each and every zone shown upon said map.
Section 3.5 Interpretation of district boundaries.
1-10

Where uncertainty exists as to boundaries of any zone shown on said map, the following rules shall
apply:
A. Where such zone boundaries are indicated as approximately following street lines,
alley lines, lot lines, and the town limits, such lines shall be constructed to be such
boundaries. Boundaries indicated as following shorelines shall be construed as
following the shoreline (mean high water) and in the event of change, shall be
construed as moving with the actual shoreline (mean high water) boundaries.
B. In unsubdivided property or where a zone boundary divides a lot, the location of such
boundary, unless the same is indicated by dimensions, shall be determined by use of
the scale appearing on the map.
C. Boundaries indicated as approximately following the centerline of rivers, streams,
canals or other bodies of water shall be construed as following such centerlines.
D. In case any further uncertainty exists, the Board of Adjustment shall interpret the
intent of the map as to location of such boundaries.
E. Where any street or alley is hereafter officially vacated or abandoned, the regulations
applicable to each parcel of abutting property shall apply to that portion of such street
or alley added thereto by virtue of such vacation or abandonment.

Article IV. General Land Use Regulations
Section 4.1 General Land Use Regulations
A. Zoning affects every building and use.
No building or land shall hereafter be used and no building or part thereof, shall be erected,
moved or altered except in conformity with the regulation herein specified for the district n
which it is located.
B. Bona fide farms exempt.
This Ordinance shall in no way regulate, restrict, prohibit, or otherwise deter any bona
fide farm and its related uses except that any use of such property for nonfarm purposes shall
be subject to such regulations.
C. Required yards not to be used by building.
The minimum yards or other open spaces required by this Ordinance for each and every
building hereafter erected, moved, or structurally altered, shall not be encroached upon or
considered as meeting the yard or open space requirements of any other building. Where
double frontage lots occur, the required front yard shall be provided on both streets.
D. Relationship of building to lot.
Every building hereafter erected, moved or structurally altered shall be located on a lot and in
no case shall there be more than one (1) principal building and its customary accessory
buildings on the lot except in the case of a designed complex of institutional, residential,
commercial or industrial buildings in an appropriate zoning district, i.e., school campus,
cluster housing, shopping center, research park, etc.
E. Street access.
No building shall be erected on a lot which does not abut a street or have access to a street,
provided that in a designed shopping center in a business district, or a planned project in a
residential district, a building may be erected adjoining a parking area or other dedicated
open space used in common with other lots.
F. Reduction of lot and yard areas prohibited.
Except as provided for in the Vegetation Preservation Ordinance, no yard or lot existing at the
time of passage of this Ordinance shall be reduced in size or area below the minimum
requirements set forth herein. Yards of lots created after the effective date of this Ordinance
shall meet at least the minimum requirements established by this Ordinance.
Whenever twenty-five (25) percent of the existing dwellings, within the same block,
encroaches into the front yard setback requirement of the district, new dwellings to be
constructed on the vacant lots shall be required to be set back no less than the average
distance between the setback of the existing dwelling and the setback line required in the
district. No front yard average shall be less than ten (10) feet due to utility easements.
1-12

Section 4.2 Specific regulations.
A. Business uses of manufactured homes and travel trailers.
No manufactured home or travel trailer shall be used as an office or in any manner for
business or commercial purposes except when used for temporary purposes, such as
construction offices, blood mobiles, book mobiles, traveling museums, and political offices for
no more than forty-eight (48) hours at one site unless obtaining a storage permit from the
Town of Oak Island or unless in conjunction with a permanent manufactured home sales lot.
B. Visibility at intersections.
On a corner lot in all zoning districts nothing shall be erected, placed, planted or allowed to
grow in such a manner as materially to impede vision between a height of two and one-half
(2-1/2) feet and ten (10) feet in a triangular area formed by a diagonal line between two (2)
points on the right-of-way lines, twenty (20) feet from where they intersect. (See Figure 5.03)
C. Tents and recreational vehicles outside campgrounds.
No tent, shack or temporary structure shall be located on any lot and no recreational vehicle
may be used as a residence on any lot except when in conjunction with construction on the
lot, and then only by a nonrenewable permit granted by the town for a period not to exceed
ninety (90) days. Sanitary facilities shall be required before a permit can be issued.
D. Swimming pools.
All public, commercial, or private outdoor swimming pools of three (3) feet or more in depth,
either above ground or below ground, and of either permanent or temporary construction,
shall meet the following requirements in addition to setbacks and other requirements
specified elsewhere:
1. The setback for a swimming pool from any lot line shall equal the required setback for
accessory structures in the district in which it is located, plus one (1) foot for each
foot over five (5) feet of pool depth.
2. A fence (being an enclosing structure of rails, pickets, wires or the like) shall be
erected to a minimum height of four (4) feet and a maximum height of six (6) feet, to
completely enclose all sides of the pool not bounded by a building. A gate of equal
height shall be installed and securely fastened when the pool is not in use. The
fencing requirement shall not apply when the swimming pool is an accessory use on
a parcel of five (5) acres or larger in size and the pool is located no closer than one
hundred (100) feet from any property line.
3. Fencing surrounding swimming pools shall be designed so as to minimize the
possibility of unauthorized or unwary persons from entering the pool area. In the
case of a semi -open (such as chain link) fence, the open space between each
section of fencing material shall be no larger than sixteen (16) square inches. The
fence or wall may be constructed of wood, masonry or similar materials or by a chain
link or similar fencing with natural screening, provided that it complies with the
requirements of the location of accessory buildings in the district in which it is located.
This section shall also apply to day care centers having swimming pools with a depth
of eighteen (18) inches or more.
4. All mechanical equipment shall be located a minimum of five (5) feet from any
property line.
1-13

5. All flood lights shall be shielded from adjacent properties to reduce offensive glare.
6. All electrical wiring shall be in conformance with the National Electrical Code.
E. Enforcement of Corps of Engineers' existing easement on the Atlantic Intracoastal
Waterway (AIW).
The town, through its building inspector and local CAMA permitting officer, will enforce the
existing Corps of Engineers' easement on the Atlantic Intracoastal Waterway which prohibits
construction of any structures on or extending over the Corps' easement. Construction on
the easement can and will be permitted only through written consent from the United States
Army Corps of Engineers.
F. Service stations.
1. Corner lots. Driveways on corner lots shall be located no closer than thirty (30) feet
from the point of intersection of the rights -of -way of two (2) streets.
2. Parking. Parking of motor vehicles, trailers, campers or boats for a storage fee,
except for repairs and estimates is prohibited.
3. Access points. Minimum distance between accesses shall be one hundred (100) feet
except for service stations which are approved conditional uses where only two (2)
accesses are allowed per lot with one (1) frontage; a third access shall be allowed for
the other street frontage on corner lots.
4. Setbacks. Service station pump setbacks from the front property line shall be fifty
(50) feet. Pavement setbacks, exclusive of driveways, from front property line shall
be thirty (30) feet.
G. Regulation of docks within town limits.
The construction of docks within the town limits shall be governed by the following
regulations:
1. Size of dock shall be limited to twenty (20) feet on a fifty (50) foot wide lot and thirty
(30) feet on a sixty (60) foot wide lot in width running parallel with the run of the
water. A three (3) foot cat walk for servicing boat lifts adjacent to docks shall not be
included in this measurement when location is across the front of the boat lift and
down the outside of the boat lift area.
2. Construction of docks shall be limited to one (1) dock per lot.
3. Individual docks shall not be interconnected one with the other.
4. All docks shall be maintained by the owner of the dock.
5. A building permit must be obtained from the building inspector of the town. The
permit application shall include a diagram of the proposed dock showing sizes and
manner of construction.
6. Any owner must comply with the applicable rules and regulations of the State Coastal
Resources Commission and the United States Army Corps of Engineers.
H. Fences.
1-14

Any fence built on residential property shall be a maximum of six (6) feet high at the highest
corner of the property. In commercial districts, solid wood fences shall be a maximum of six
(6) feet or ten (10) feet for a metal chain link fence.
1. Regulation of bulkheads on town street -ends.
1. Vertical bulkheads shall be the only approved method of erosion control on any pubic
rights -of -way abutting water.
2. Bulkheads shall be constructed of 2.5 salt -treated lumber or other approved material.
Riprap material of any kind shall not be considered approved material.
3. Plans for bulkhead construction shall be approved by building inspections and public
works. Final construction approval shall be considered by the town manager.
4. The Town of Oak Island shall pay for the total cost of bulkheads on unimproved
street -ends on an "as needed" basis, but only when funds are available. All others
are to be paid by adjacent property owners.
5. The total cost shall include but not be limited to bulkhead, wing walls, deadmen, tie
backs, backfill, grading, seeding, access steps and decking.
6. The Town of Oak Island shall pay for the total cost of bulkheads on unimproved
street -ends on an "as needed" basis, but only when funds are available. All others
are to be paid by adjacent property owners.
7. The total cost shall include but not be limited to bulkhead, wing walls, deadmen, tie
backs, backfill, grading, seeding, access steps and decking.
J. Keeping livestock.
No person shall keep or maintain any fowl, cow, horse, pony, mule, sheep, goat or
other livestock on any lot or within any pen, stable or other enclosure or building
within the corporate limits of the town.
1-15

Article V. District Regulations
This article contains the specific use and area regulations for each zoning district found in the town.
Within the districts as shown on the Official Zoning Map, no building or land shall be erected or
altered which is intended or designed to be used in whole or in part for any use other than those listed
as permitted for that district in this article or for which a conditional use permit has been approved by
the Town Council
The material has been divided into the following sections:
(1) Purpose of districts. The intended application for each district guiding its placement
in relation to either existing or proposed development.
(2) Table of permitted and conditional uses. The land uses permitted by right or by
conditional use permit in each district.
(3) Area and height table. Each district has a table of dimension requirements that
specifies lot sizes, setbacks or yard requirements, and height requirements for that
district.
Section 5.1 R-20 - Low Density Residential District.
A. Purpose
This district is established to provide areas for the preservation and development of quiet residential
neighborhoods and for lower density residential development. The predominant use of the land in
this district is for low density, single-family dwellings and other compatible uses.
In promoting the general purposes of this ordinance, the specific intent of this subsection is as
follows:
(a) To encourage the construction of and the continued use of the land for low density
residences;
(b) To prohibit uses of the land that are incompatible with low density residences;
(c) To encourage the discontinuation of existing uses that would not be permitted as
new uses under the provisions of this subsection; and
(d) To discourage any use that would generate traffic volumes on minor streets that
would adversely impact residences on those streets.
B. Dimension Requirements
Within the R-20 District as shown on the Zoning Map, all of the following dimensional requirements
shall be complied with:
Dimension Requirements for R-20 District
Minimum required lot area
20,000
Minimum required lot width
100 feet
Minimum required front yard setback
30 feet
Minimum required side yard setback
10 feet
Minimum required side yard setback abutting
street
20 feet
Minimum required rear yard setback
15 feet
Minimum required living space per dwelling unit
(exclusive of steps, porches, breezeways,
garages, carports, workshops or storage areas)
1,600 square feet
Maximum building height
Outside VE Zone
35 feet
1-16

Inside VE Zone 1 41 feet
Section 5.2 R-9 - Medium Density Residential District.
A. Purpose
This district is established to provide areas for the preservation and development of quiet residential
neighborhoods and for medium density residential development. The predominant use of the land in
this district is for medium density, single-family dwellings and other compatible uses.
In promoting the general purposes of this ordinance, the specific intent of this subsection is as
follows:
(a) To encourage the construction of and the continued use of the land for medium
density residences;
(b) To prohibit uses of the land that are incompatible with low density residences;
(c) To encourage the discontinuation of existing uses that would not be permitted as new
uses under the provisions of this subsection; and
(d) To discourage any use that would generate traffic volumes on minor streets that would
adversely impact residences on those streets.
B. Dimension Requirements
Within the R-9 District as shown on the Zoning Map, all of the following dimensional requirements
shall be complied with:
Dimension Requirements for R-9 District
Minimum required lot area
9,000
Minimum required lot width
75 feet
Minimum required front yard setback
20 feet
Minimum required side yard setback
8 feet
Minimum required side yard setback abutting
street
10 feet
Minimum required rear yard setback
8 feet
Minimum required living space per dwelling unit
(exclusive of steps, porches, breezeways,
garages, carports, workshops or storage areas)
1,000 square feet
Maximum building height
Outside VE Zone
Inside VE Zone
35 feet
41 feet
Section 5.3 R-7.5 - Medium Density Residential District.
A. Purpose
The intent of this district is to provide basically. low density single family residential areas providing
other required attributes of a neighborhood.
B. Prohibited Uses and Structures
1-17

(1) Garage apartments.
(2) The parking or storage of any vehicle with a wheel base greater than one hundred thirty
five inches (135") or with Gross Vehicle Weight Rating(GVWR) greater than fourteen
thousand pounds (14,000 Ibs.), excepting for privately owned non-commercial vehicles
as a Permissible Use.
(3) Any use not listed as a Permitted Use, as an Accessory Use, or as a Permissible Use.
(4) Manufactured home parks. The exception to this rule is that manufactured homes with
water and sewer connections in existence in the C-LD zoning district at the time of the
adoption of this ordinance may be replaced if the proposed structure meets all other
applicable requirements of this ordinance. The replacement must be a Class A
manufactured home no older than (5) years of age; it must contain at least 550 square
feet; and it must have a front yard set back of a minimum of 20 feet; and it must be a
minimum of 8 feet from the side and rear lot lines.
C. Dimension Requirements
Per Dwelling Unit:
Must have water and sewer:
Lot area — 7,500 square feet.
Lot width — 75 feet.
Bona Fide Farms — Exempt
Other Structures and Uses:
Churches:
Must be serviced with Water and Sewer:
Lot Area and Width - Must meet requirements as prescribed in Section 14 of the Yaupon
Beach Zoning Ordinance
Public Educational Facilities:
Must be serviced with Water and Sewer:
Lot width — Minimum standards as set by the State Board of education, but not less than 300
feet
Lot Area - Minimum standards as set by the State Board of Education, but not less than 5
acres
Private Educational Facilities:
Must be serviced with Water and Sewer:
Lot width — Minimum standards as set by the State Board of Education, but not less than 200
feet.
Lot area - Minimum standards as set by the State Board of Education, but not less than 2
acres.
Community and Municipal Buildings other than schools and other Public and Semi-public
uses:
Lot area —1 acre
Lot width — 200 feet
Private Clubs:
Lot area —10 acres
Minimum Yard Requirements (Depth of front and Rear yards Width of Side Yard),
1-18

Front yards — 25 feet.
Side yards —10 feet 15 feet adjacent to street. On lots of record of 60 feet or less in width,
interior side yard shall be 8 feet; street side yard on corner lot —10 feet.
Rear yards — 20 feet
Other Structures and Uses:
Churches: 50 feet on all sides
Building Height Limit:
No building shall exceed thirty-five (35) feet in height, except in the V-zone where the height
limit shall be forty-one (41) feet in height. No accessory building shall exceed twenty (20)
feet in height.
Section 5.4 R-7 - Medium Density Residential District.
A. Purpose
This district is established to provide areas for the preservation and development of quiet residential
neighborhoods and for medium density residential development. The predominant use of the land in
this district is for medium density, single-family dwellings, two-family dwellings and other compatible
uses.
In promoting the general purposes of this ordinance, the specific intent of this subsection is as
follows:
(a) To encourage the construction of and the continued use of the land for medium
density residences;
(b) To prohibit uses of the land that are incompatible with low density residences;
(c) To encourage the discontinuation of existing uses that would not be permitted as
new uses under the provisions of this subsection; and
(d) To discourage any use that would generate traffic volumes on minor streets that
would adversely impact residences on those streets.
B. Dimension Requirements
Within the R-7 District as shown on the Zoning Map, all of the following dimensional requirements
shall be complied with:
nimpncinn Requirements for R-7 District
Minimum required lot area
7,500 square feet
Minimum lot area required for two-family
10,000 square feet
dwellings
Minimum required lot width for single-family
50 feet
dwelling
Lots created after the effective date of
60 feet
this ordinance
Minimum required lot width for two-family
75 feet
dwelling
Minimum required front yard setback
30 feet
25 feet for ocean lot
Minimum required side yard setback
8 feet
Minimum required side yard setback abutting
10 feet
street
1-19

Minimum required rear yard setback 25 feet
Minimum required living space per dwelling unit 850 square feet
(exclusive of steps, porches, breezeways,
garages, carports, workshops or storage areas)
Maximum building height
Outside VE Zone 35 feet
Inside VE Zone 41 feet
Section 5.5 R-6A - Residential District.
A. Purpose
This district is established to provide areas for the preservation and development of quite residential
neighborhoods and for higher density residential development. The principal uses in this district
include modest sized single-family residences and other compatible uses.
(a) To encourage the construction of and the continued use of the land for medium
density residences with a mixture of housing types;
(b) To prohibit uses of the land that are incompatible with low density residences;
(c) To encourage the discontinuation of existing uses that would not be permitted as
new uses under the provisions of this subsection; and
(d) To discourage any use that would generate traffic volumes on minor streets that
would adversely impact residences on those streets.
B. Dimension Requirements
Within the R-6A District as shown on the Zoning Map, all of the following dimensional
requirements shall be compiled with:
mmanainn Ranuirampntc fnr R-RA District
Minimum required lot area for the first dwelling unit
6600 square feet
Minimum required lot area for two family dwellings
11000 square feet
Minimum required lot width for the first dwelling unit
70 feet
Minimum required lot width for two family dwellings
100 feet
Minimum required front yard setback
20 feet
Minimum required side yard setback
8 feet
Minimum required side yard setback abutting street
10 feet
Minimum required rear yard setback
8 feet
Minimum required living space per dwelling unit (exclusive
of steps porches breezeway garages carports work shops
or storage areas)
850 square feet
Maximum building height
Outside VE Zone
Inside VE Zone
35 feet
41 feet
Section 5.6 R-6B - Residential District.
A. Purpose
This district is established to provide areas for the preservation and development of quite residential
neighborhoods and for higher density residential development. The principal uses in this district
include moderate sized single-family residences and other compatible uses.
(a) To encourage the construction of and the continued use of the land for higher density
1-20

residences;
(b) To prohibit uses of the land that are incompatible with low density residences;
(c) To encourage the discontinuation of existing uses that would not be permitted as new
uses under the provisions of this subsection; and
(d) To discourage any use that would generate traffic volumes on minor streets that would
adversely impact residences on those streets.
B. Dimension Requirements
Within the R-66 District as shown on the Zoning Map, all of the following dimensional
requirements shall be compiled with:
Dimension Reauirements for R-66 District
Minimum required lot area for the first dwelling unit
6600 square feet
Minimum required lot width for the first dwelling unit
55 feet
Lots created after the effective date of this
60feet
ordinance
Minimum required front yard setback
30 feet
Minimum required side yard setback
8 feet
Minimum required side yard setback abutting street
10 feet
Minimum required rear yard setback
25 feet
Minimum required living space per dwelling unit (exclusive
1,000 square feet
of steps porches breezeway garages carports work shops
or storage areas)
Maximum building height
Outside VE Zone
35 feet
Inside VE Zone
41 feet
Section 5.7 R-6C - Residential District
A. Purpose
This district is established to provide areas for the preservation and development of quite residential
neighborhoods and for higher density residential development. The principal uses in this district
include larger sized single-family residences and other compatible uses.
(a) To encourage the construction of and the continued use of the land for higher density
residences;
(b) To prohibit uses of the land that are incompatible with low density residences;
(c) To encourage the discontinuation of existing uses that would not be permitted as new
uses under the provisions of this subsection; and
(d) To discourage any use that would generate traffic volumes on minor streets that would
adversely impact residences on those streets.
B. Dimension Requirements
Within the R-6C District as shown on the Zoning Map, all of the following dimensional
requirements shall be compiled with:
utmension reequirements Tor m-oli Uistrlci
Minimum required lot area per dwelling unit 6600 square feet
Minimum required lot width 55 feet
Lots created after the effective date of this
ordinance 60feet
1-21

Minimum required side yard setback
8 feet
Minimum required side yard setback abutting street
10 feet
Minimum required rear yard setback
25 feet
Minimum required living space per dwelling unit (exclusive
1,200 square feet
of steps porches breezeway garages carports work shops
or storage areas)
Maximum building height
Outside VE Zone
35 feet
Inside VE Zone
41 feet
Section 5.8 R-61VIF - Higher Density Residential District.
A. Purpose
This district is established to provide areas for the preservation and development of quite residential
neighborhoods and for higher density residential development with a range of housing types. The
principal uses in this district include larger size single-family residences, multifamily residences, and
other compatible uses. Multifamily dwellings are allowed subject to a determination that they are
compatible with surrounding development, that adequate facilities are available, and that they are
compatible with the overall purposes of this district.
In promoting the general purposes of this ordinance, the specific intent of this subsection is:
(a) To encourage the construction of and continued use of the land for higher density
residential purposes providing for a wider range of housing types than other higher
density districts.
(b) To prohibit commercial and industrial use of the land and to prohibit any other use
which would substantially interfere with the development or continuation of dwellings in
the district.
(c) To encourage the discontinuation of existing uses that would not be permitted as new
uses under the provisions of this subsection.
(d) To discourage any use which would generate traffic on minor streets other than normal
traffic to serve the residences on those streets.
B. Dimensional Requirements
Permitted uses within the R-6MF District as shown on the Zoning Map must comply with the
dimension requirements shown in the following table. Dimension requirements for multifamily
conditional uses are prescribed in Section 9.2.
Dimension Requirements for R-61VIF District
Minimum required lot area per dwelling unit
6600 square feet
Minimum required lot width
Lots created after the effective date of this
ordinance
55 feet
60feet
Minimum required front yard setback
30 feet
Minimum required side yard setback
8 feet
Minimum required side yard setback abutting street
10 feet
Minimum required rear yard setback
25 feet
Minimum required living space per dwelling unit (exclusive
of steps porches breezeway garages carports work shops
or storage areas)
1,200 square feet
Maximum building height
Outside VE Zone
35 feet
1-22

Inside VE Zone 1 41 feet
Section 5.9 R-61VIH - Higher Density Residential District.
A. Purpose
This district is established to provide areas for the preservation and development of quite residential
neighborhoods and for higher density residential development with a range of housing types. The
principal uses in this district include modest sized single-family residences, manufactured housing,
and other compatible uses.
In promoting the general purposes of this ordinance, the specific intent of this subsection is:
(a) To encourage the construction of and continued use of the land for higher density.
residential purposes providing for a wider range of housing types than other higher
density districts.
(b) To prohibit commercial and industrial use of the land and to prohibit any other use
which would substantially interfere with the development or continuation of dwellings in
the district.
(c) To encourage the discontinuation of existing uses that would not be permitted as new
uses under the provisions of this subsection.
(d) To discourage any use which would generate traffic on minor streets other than normal
traffic to serve the residences on those streets.
B. Dimensional Requirements
Permitted uses within the R-6MH District as shown on the Zoning Map must comply with the
dimension requirements shown in the following table.
Dimension Requirements for the R-61VIH District
Minimum required lot area per dwelling unit
6600 square feet
Minimum required lot width
55 feet
Lots created after the effective date of this-
60feet
ordinance
Minimum required front yard setback
30 feet
Minimum required side yard setback
8 feet
Minimum required side yard setback abutting street
10 feet
Minimum required rear yard setback
25 feet
Minimum required living space per dwelling unit (exclusive
850 square feet
of steps porches breezeway garages carports work shops
550 square feet for
or storage areas)
manufactured
homes
Maximum building height
Outside VE Zone
35 feet
Inside VE Zone
41 feet
Section 5.10 CB - Community Business District.
A. Purpose
The CB Business District is established as a zone in which the use of the land is for commercial and
service uses for the surrounding urban market area. In promoting the general purposes of this
Ordinance, the specific intent of this subsection is:
1-23

(a) To encourage the construction of and the continued use of the land for commercial
and service uses.
(b) To provide for the orderly expansion of such uses within the CB Business District, as
designated on the Zoning Map.
(c) To prohibit heavier commercial and industrial use of land and to prohibit uses which
would substantially interfere with the continuation of the uses presently in the district
or with the orderly growth of the district to meet the needs of increased population in
the market area.
(d) To encourage the discontinuance of existing uses that would not be permitted as new
uses under the provisions of this subsection.
(e) To permit a concentrated, intensive development of the permitted uses while
maintaining a substantial relationship between the intensity of land use and the
capacity of utilities and streets.
B. Dimensional Requirements
Within the CB Business District as shown on the Zoning Map, all of the following dimensional
requirements shall be complied with:
Dimension Requirements for the CB District
Minimum lot area
None
Minimum required lot width
None
Minimum required front yard setback
20 feet
Minimum required side yard setback
8 feet abutting street
Minimum required rear yard setback
10 feet
Maximum building height
Outside VE Zone
Inside VE Zone
35 feet
41 feet
C. Buffering Required
Wherever a CB lot abuts a residential district, a buffer as described in Section 11 shall be
required when the lot is developed or placed in use.
Section 5.11 CR - Commercial Recreation District.
A. Purpose
The purpose of this district shall be to provide for, protect, and encourage a grouping of beachfront
enterprises providing accommodations and recreation to persons wishing to lodge near the strand or
participate in the various water sports available to them.
B. Dimension Requirements
Dimension Reauirements for the CR District
Minimum required side yard setback
8 feet
Minimum required side yard setback abutting street
8 feet
Minimum required rear yard setback
10 feet
Maximum building height
Outside VE Zone
Inside VE Zone
35 feet
41 feet
C. Buffering Required
Wherever a CR lot abuts a residential district, a buffer as described in Article IX shall be required
1-24

when the lot is developed or placed in use.
Section 5.12 C-LD - Commercial Low Density District.
A. Purpose
Districts in this category are intended primarily to be located in outlying areas, adjacent to a major
thoroughfare, with yards and other provisions for reducing conflicts with adjacent residential uses,
and with substantial setbacks to reduce marginal friction on adjacent major thoroughfare. These
districts will (1) serve requirements of residential neighborhoods for commercial facilities and (2)
serve requirements of highway oriented tourist business.
B. Permitted Accessory Uses and Structures
(1) One on -premise attached dwelling unit for occupancy by the owner, lessors,
manager, watchmen, or custodians in connection with the operation of any permitted
or permissible use. The accessory uses must adhere to the following requirements:
(a) The dwelling shall be occupied solely by the person engaged in the principal
use (owner, lessor, manager, watchman, or custodian), or their family
members residing with them.
(b) The building shall meet the minimum setback requirements of the C-LD
District.
(c) The amount of floor area for the attached dwelling unit shall be not more than
fifty percent (50%) of the total floor area of the principal use.
(d) In addition to the required off-street parking for the principal use, two (two)
off-street parking spaces shall be provided for the dwelling unit.
(e) The attached dwelling unit shall be located totally above the ground floor or
totally to the rear of the principal use so as not to interrupt the commercial
low density frontage.
(2) Temporary structures and operations in connection with, and on the site of, building
or land preparation developments, including dredging and filling, grading, paving,
installation of utilities, construction, erection of field offices, and structures for storage
of equipment and building materials; provided a Certificate of Occupancy shall have
been issued therefore.
C. Prohibited Uses and Structures
(1) All uses and structures not of a nature specifically or provisionally permitted herein
(2) Any use which fails to meet the performance standards of the C-LD District.
(3) Dwelling units, except as provided under Accessory Uses and Permissible Uses.
(4) Manufactured home parks.
(5) Truck terminals and storage yards, except mini -storage enclosed facilities.
The exception to this rule is that manufactured homes with water and sewer connections in
existence in the C-LD zoning district at the time of the adoption of this ordinance may be
replaced if the proposed structure meets all other applicable requirements of this ordinance.
The replacement must be a Class A manufactured home no older than (5) years of age;
The replacement must contain at least 550 square feet; and
It must have a front yard set back of a minimum of 20 feet, and must be a minimum of 8 feet
from the side and rear lot lines.
D. Dimension Requirements
Bona Fide Farms: Exempt
1-25

Churches:
Must be serviced with water and sewer.
Lot Area and Width — Minimum lot of 3 acres.
Nursing Homes; Domiciliary Homes:
Must be serviced with Water and Sewer:
Lot Area and Width — Minimum lot area of 2 acres.
Hospitals; Private Clubs; Mortuaries:
Must be serviced with Water and Sewer:
Lot area — No minimum square footage required.
Lot width —150 feet
Offices and Studios; personal Service Establishments; Vocational Schools:
Must be serviced with Water and Sewer:
Lot Area — No minimum square footage required
Lot width — No minimum lot width
Public Schools:
Must be serviced with Water and Sewer
Lot area — five acres
Lot width — 300 feet
Retail Stores, Sales and Display Rooms and Shops; Banks and Financial Institutions; Eating
and Drinking Establishments; Hotels and Motels; Commercial Recreational Structural Uses;
Clinics and Laboratories:
Must be serviced with Water and Sewer:
Lot Area — No minimum square footage required.
Lot width — 75 feet
All Other Permitted:
Must be serviced with Water and Sewer
Lot area — 7,500 square feet
Lot width —150 feet
Minimum Yard Requirements (depth of front and rear yards, width of side yards)
Special Provisions and Restrictions: Required front, rear, and side yards abutting streets may be
used for parking shelters and lighting devices, provided that visibility across a required front yard or
side yard abutting a street shall not be impeded between the heights of three (3) and eight (8) feet,
and provided further, no signs shall be permitted in any required yard. Where this District borders a
Residential District, including across streets, walls shall be provided so that no lights from automotive
or other sources on commercial premises shall shine into windows in the Residential District, and no
rear or side service areas on commercial premises shall be visible from the ground within Residential
Districts. No structure (excluding fences or walls) shall be erected nearer than sight (8) feet to any
residential district boundary.
All Uses
1-26

Front yards — 25 feet
Side yards — 8 feet. On sides of lots adjacent to streets, 25 feet.
Rear yards —10 feet
Building Height Limit
No building shall exceed thirty-five (35) feet in height, except in the V-zone where the height limit shall
be forty-one (41) feet in height. No accessory building shall exceed twenty (20) feet in height.
Section 5.13 AD - Airport District.
A. Purpose
The purpose of the provisions contained in this article is to ensure that the appropriate location,
design, construction, and maintenance of land uses compatible with air transportation facilities and to
insure that the public health and welfare are protected from safety, noise, and related factors
associated with such facilities.
B. Dimensional Requirements
Dimension Requirements for the Airport District
Minimum lot size
10 acres
Minimum lot width
300 feet
Maximum height of new structures
35 feet
Minimum front yard
75 feet
Minimum side yard
35 feet
(75' when a side yard abuts a
street)
Minimum Rear Yard
50 feet
C. Required Buffers
For any of the permitted uses which involve outdoor storage, or operation, a vegetative buffer
and screen of 50 feet which achieves an opacity of 80% year around to a height of 15' shall
be provided adjacent to property either zoned for used for residential purposes.
D. Lighting Standards
In addition to any other lighting requirements of this ordinance, all outdoor lighting in the AD
district shall be shielded in such a manner that no direct glare from the light source can be
seen from above. This restriction shall not apply to warning lights or signals, which may be
required to comply with Federal Aviation Administration standards.
1-27

E. Off street Parking
Off street parking of sufficient number to provide for vehicles customarily associated with the
permitted uses within this district shall be provided in accordance with section 9-140 of this
Code.
F. Hazardous Material Storage
All new storage of flammable liquids, gases, or other incendiary substances which is
incidental to an otherwise permissible use shall be stored underground to reduce risk of
hazard in the event of an airplane crash. Existing above ground storage facilities may be
exempted provided any future expansion or replacement shall comply with this provision.
Section 5.14 OS - Open Space District.
A. Purpose
The purpose of this district is to preserve and protect the Areas of Environmental Concern as
identified by NCGS 113A-113 and 15 NCAC 71-1.0200 and other environmentally sensitive areas as
may be identified by the Town Council. The OS district id intended not to allow any uses by right but
to allow them conditionally according a approval by the Town Council.
B. Dimension Requirements
None.
Section 5.15 Special Requirements.
A. Accessory Uses
(1) There shall be no more than two (2) accessory buildings per lot.
(2) Accessory uses and buildings shall meet all minimum yard requirements.
(3) Permitted accessory uses and structures are limited to garages, pump houses,
storage sheds, tool sheds, work shops, play houses, swimming pools, detached
recreation areas, barbecues, and patios.
(4) Swimming pools shall be protected by a five (5) foot fence with latching gates.
(5) Greenhouses shall be no higher than ten (10) feet and no larger than two hundred
(200) square feet.
B. Home Occupations
(1) The use is carried on by a member of the family residing on the premises.
(2) The use shall be clearly incidental to the residential use and shall not change the
essential residential character of the dwelling.
(3) Use of the dwelling for the home occupation shall be limited to twenty-five (25)
percent of the total floor area.
(4) No display of products shall be visible from the street.
(5) No mechanical equipment shall not be installed or used other than is normally used
for domestic or professional purposes.
(6) No outside storage of materials or equipment is permitted.
C. Hazardous Liquid Storage
Flammable and combustible liquids storage for home heating and/or cooking purposes not to
exceed 250 gallons.
1-28

Section 5.16 Table of uses.
The following table sets forth the permitted and conditional uses allowed in each zoning district.
(1) Permitted by right (P). The letter "P" in the zoning district column opposite the listed
use means the use is permitted by right in the zoning district in which it appears.
(2) Conditional uses (C). The letter "C" in the zoning district column opposite the listed use
means that a special use permit, as set forth in Article IX, must be obtained before the
use may locate in the district in which it appears.
Uses
R
R
R
R
R
R
R
R
R
C
C
C
O
A
20
9
7.5
7
6A
6B
6C
6
6
B
R
LD
S
D
M
M
F
H
Residential and
related uses
Single-family
P
P
P
P
P
P
P
P
P
P
dwellings
Two-family
P
P
P
dwellings
Apartments,
C
including townhouses
and condominiums
Accessory buildings
P
P
P
P
P
P
P
P
P
P
P
P
Adult daycare
C
C
C
C
C
C
C
C
C
C
C
Assisted living
C
C
C
C
communities
Day care centers
C
C
C
C
C
C
P
kindergartens and
children's nurseries
Docks and piers,
P
P
P
P
P
P
P
P
P
P
P
private
Docks and piers,
P
P
P
P
P
public
Educational facilities
P
P
Family care homes
P
P
P
P
P
P
P
Fraternal
C
C
C
C
C
C
C
P
P
P
organizations
Golf courses
C
P
P
Group care homes
C
C
C
C
C
C
C
Home occupations
P
P
P
P
P
P
P
P
Hospitals
P
Manufactured home
P
C
parks
Manufactured homes
P
Marinas
C
C
C
C
C
C
C
C
C
C
C
C
Modular homes
1 One dwelling unit allowed on recorded lots that are less than 10,000 square feet in area and less than 75 feet in
width.
1-29

Uses
R
R
R
R
R
R
R
R
R
C
C
C
O
A
20
9
7.5
7
6A
6B
6C
6
6
B
R
LD
S
D
M
M
F
H
Nature walks and
P
P
P
P
P
P
P
P
P
P
P
P
C
study facilities
Nursing homes and
C
convalescence
centers
Parking facilities
C
C
C
C
C
C
C
C
P
P
P
P
(lots)
Parks, publicly
P
P
P
P
P
P
P
P
P
P
owned
Places of worship
C
C
C
C
C
C
C
C
C
P
P
Public utility uses
C
C
P
C
C
C
C
C
C
P
and structures
Publicly owned
P
P
P
P
P
P
P
P
P
community centers
PUD
C
C
C
C
Retirement and rest
C
C
C
C
C
C
C
C
homes
Schools, private
C
C
C
P
C
C
C
C
C
C
P
Schools, public
C
P
Signs, off premise
(see sign regulations)
Unified tract
C
C
C
C
C
C
C
C
C
C
developments
Non-residential
Uses
Adult and sexually
SC
oriented business
Agri -business
P
Agricultural and
P
P
P
P
P
P
P
P
P
P
P
P
P
P
forestry uses
Airports
P
Amusements
P
P
P
Antique shops
P
P
P
Apparel and
P
P
P
accessory stores
Auction halls
C
C
P
Audio, video
P
production facilities
Auto, watercraft, and
P
P
recreational vehicle
accessories and parts
Auto, watercraft, and
C
P
recreational vehicle
sales, rentals, and
indoor repairs
Bakeries, retail
P
1 P
I P
1-30

Uses
R
R
R
R
R
R
R
R
R
C
C
C
O
A
20
9
7.5
7
6A
6B
6C
6
6
B
R
LD
S
D
M
M
F
H
Beauty and barber
P
P
services
Bed and Breakfast
C
C
C
C
C
Houses
Boarding kennels
P
P
Bona Fide Farms
P
P
P
P
P
P
P
P
P
P
P
P
P
Bowling alleys and
P
P
roller skating
Building materials
P
sales and storage
Business and
P
C
P
professional services,
finance and banks,
legal services
Car washes
P
P
Cemeteries
C
C
Cleaners, commercial
C
Cocktail lounges and
C
C
C
taverns
Commercial piers
P
P
Commercial
C
C
C
recreation
establishments,
including go carts,
waterslides, and
similar
establishments
Commercial uses of
C
C
towers and poles with
antennas
Community centers
P
P
P
Consumer
P
P
electronics, including
computers
Contractor office, no
P
P
outside storage
Contractor office,
P
outside storage
Convenience stores
P
C
P
Drug and proprietary
P
P
stores
Dwelling in principal
C
P
business
Electrical repair
P
P
services
1-31

Uses
R
R
R
R
R
R
R
R
R
C
C
C
O
A
20
9
7.5
7
6A
6B
6C
6
6
B
R
LD
S
D
M
M
F
H
Filling station and
P
C
P
fuel dispensing
pumps
Flammable and'
P
combustible
materials, bulk
storage
Flammable and
P
P
P
combustible storage,
incidental to a
principal use
Fruit, vegetable
P
P
markets, meat, and
fish markets
Funeral homes,
P
including crematoria
Furniture, home
P
P
furnishings, home
equipment, hardware
Garden centers and
P
P
florists
General retail sales
P
P
Gift shops and
P
P
P
jewelry stores, and
watch, jewelry, and
clock repair
Government,
C
P
P
P
facilities, offices,
buildings, and related
facilities
Grocery stores and
P
P
supermarkets
Hotels, motels, and
C
C
P
other transient
lodging
Laundries, self-
P
P
service (including
commercial pick-up
stations)
Liquor stores (ABC)
P
P
Medical and other
P
P
services
Miniature golf course
C
C
C
Mini -storage
P
enclosed facilities
1-32

Uses
R
R
R
R
R
R
R
R
R
C
C
C
O
A
20
9
7.5
7
6A
6B
6C
6
6
B
R
LD
S
D
M
M
F
H
Off-street parking
P
P
P
facilities
Outdoor sales and
C
displays
Paint, wallpaper,
C
P
carpet, and interior
design stores and
centers
Parking garages
P
Performing arts
P
studios
Personal service
P
P
establishments,
including
establishments such
as barber and beauty
shops, and shoe
repair
Private clubs and
C
P
P
P
lodges
Public office
P
buildings, libraries
Radio station
P
P
Recreational
C
C
C
campgrounds and
recreational vehicle
parks
Rentals, general
P
equipment
Rentals, recreation
P
P
P
equipment
Restaurants
P
P
P
Seafood processing,
P
packaging, and sales
Shopping center
C
C
Spas and health
P
P
facilities
Specialty food stores
P
P
P
Sporting goods
P
P
Veterinary clinics
C
P
Veterinary clinics
P
with associated
kennels
Vocational schools
P
(no operations of
industrial nature)
1-33

Uses
R
R
R
R
R
R
R
R
R
C
C
C
O
A
20
9
7.5
7
6A
6B
6C
6
6
B
R
LD
S
D
M
M
F
H
Volunteer fire
P
P
department
Warehousing,
P
distribution centers
with no storage of
explosives,
petroleum, or other
incendiary material in
bulk quantities
Watch, clock and
P
P
jewelry repair
services
Water access ramps
P
P
P
P
P
P
P
P
P
P
P
P
P
Waterslide
C
1-34

ARTICLE VI. OFF-STREET PARKING
At the time of the erection of any building, or at the time any principal building is enlarged or
increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion
from one type of use or occupancy to another, permanent off-street parking shall be provided in the
amount specified by this Section. Such parking space may be provided in a parking garage or
properly graded open space.
Section 6.1 Certification of Minimum Parking Requirements.
Each application for a Certificate of Occupancy shall include information as to the location and
dimensions of off-street parking and the means of ingress and egress to such space. This
information shall be in sufficient detail to enable the town to determine whether the requirements of
this Article are met. An occupancy permit shall not be issued unless the required off-street parking
and service facilities have been provided in accordance with the provisions of the Ordinance.
Section 6.2 Combination of Required Parking Spaces.
The required parking space for any number of separate uses may be combined in one (1) lot but the
required space assigned to one (1) use may not be assigned to another use, except that one-half
(1/2) of the parking space required for churches, theaters, or assembly halls whose peak attendance
will be at night or on Sundays may be assigned to a use which will be closed at night and on
Sundays.
Section 6.3 Drainage, Construction and Maintenance.
All off-street parking, loading and service areas shall be drained so as to prevent damage to abutting
properties and public streets, in accordance with the requirements of the Stormwater Management
Ordinance. All aforementioned areas subject to wheeled traffic shall be paved with bituminous
concrete, or equivalent surfacing. All such areas shall be at all times maintained at the expense of
the owners thereof, in a clean and serviceable condition.
Section 6.4 Remote Parking Spaces.
If the off-street parking space required by this Ordinance cannot be reasonably provided on the same
lot on which the principal use is located, such space may be provided on any land within reasonable
distance of the main entrance to such principal use, provided such land is in the same ownership as
the principal use. Said land shall be used for no other purpose so long as no other adequate
provisions of parking space meeting the requirements of this Ordinance have been made for the
principal use. In such cases, the applicant for a permit for the principal use shall submit with this
application for a Certificate of Occupancy an instrument duly executed and acknowledged which
subjects said land to parking use in connection with the principal use for which it is made available.
Such instrument shall become a permanent record and be attached to the Certificate of Occupancy
application. In the event such land is ever used for other than off-street parking space for the
principal which it is encumbered and no other off-street parking space meeting the terms of this
Ordinance is provided for the principal use, the Certificate of Occupancy for such principal use shall
become void.
1-35

Section 6.5 Minimum Parking Requirements.
The number of off-street parking spaces required by this Article shall be provided on the same lot with
the principal use except as provided'in Section 6.404 and the required number of off-street parking
spaces specified for each use shall be considered as the absolute minimum. In addition, a developer
shall evaluate his own needs to determine if they are greater than the minimum specified by this
Ordinance. For purposes of this Ordinance, off-street parking spaces shall be as follows:
PARKING STALLS AND INTERIOR DRIVEWAYS
Type of
Width of
Depth of
Minimum
rkin
Stall
Stall
Driveway Width
90 degree
10 feet
20 feet
23 feet
60 degree
9 feet
25 feet
18 feet
45 degree
8 feet 6 inches
30 feet
12 feet
Where there is no parking, interior driveways shall be at lest ten (10) feet wide for one way traffic
and twenty (20) feet for two way traffic.
Land Use
Required Parking
Auditorium
One (1) parking space for each four (4) seats in
the largest assembly room.
Bank
One (1) parking space for each two hundred (200)
square feet of gross floor space, plus one (1) space
J
for each two (2) employees.
Beauty and barber shops
One (1) parking space for each service chair plus
one (1) additional parking space for each
employee.
Bowling alley
Three (3) spaces per alley plus requirements for
any other use associated with the establishment
such as restaurant, etc.
Car wash
One (1) space for each two (2) employees on
shift of greatest employment, plus one (1) space
for the manager and reserve spaces equal to five (5)
times the capacity of the washeteria at the location
of ingress and egress.
Church
One (1) parking space for each four (4) seats in
the sanctuary.
Department store
One (1) parking space for each one hundred and
fifty (150) square feet of gross floor area.
Funeral home
One (1) space for each four (4) seats in the
1-36

assembly room or chapel plus a minimum of
ten (10) spaces for funeral vehicles plus one
(1) space for each two (2) employees.
Hotels (not including any
One and one-half (1-1/2) parking spaces for each
retail use) room to be rented.
Kindergarten or nursery
One (1) space for each employee and four (4)
spaces for off-street dropoff and pickup.
Library
One (1) space for each three (3) seats
provided for patron use.
Medical and dental offices
Four (4) spaces for each practicing doctor or
and clinics
dentist at the clinic, plus one (1) space for each
employee.
Multi -family dwellings
Two (2) parking spaces per dwelling unit.
Nursing homes, rest homes or
One (1) parking space for each four (4) beds
retirement homes
intended for patient use.
Offices
One (1) parking space for each two hundred
(200) square feet of gross floor space.
Outdoor recreation area
One (1) space for each three (3) persons able
to use such facility at its maximum capacity
plus ten (10) spaces for waiting plus one (1) space
for each two employees.
Professional office or home
One (1) parking space per office or home
occupation in operator's
occupation in addition to residence require -
residence
ments.
Public or private clubs
One (1) parking space for each one hundred
fifty (150) square feet of gross floor space.
Public utility buildings
One (1) parking space for each employee.
Restaurants
One (1) parking space for each four (4) seats at
tables, one (1) parking space for each two (2)
seats at counters or bars, plus one (1) parking
space for each two (2) employees.
Restaurants — drive-in and fast food
One (1) parking space for each three (3) seats
plus a minimum of fifteen (15) spaces for drive-
in service, plus one (1) space for each two (2)
employees.
Retail food store
One (1) parking space for each two hundred and
fifty (250) square feet of gross floor area.
Retail use not otherwise listed
One (1) parking space for each two hundred (200)
square feet of non -storage floor area.
Rooming or boarding house
One (1) parking space for each room to be rented.
1-37

Service station
Shopping center
Single family dwelling
Theater
Tourist home, motel, motor court
Warehouse
Wholesale use
Two (2) spaces for each pump, five (5) spaces for
each grease rack and one (1) space for each two (2)
employees, but no fewer than ten (10) spaces.
One (1) parking space for each two hundred and
fifty (250) square feet of gross floor area.
Two (2) parking spaces per unit.
One (1) parking space for each four (4) seats in
the auditorium.
One and one-half (1-1/2) parking spaces for each
room to be rented.
One (1) parking space for each employee on the
largest shift plus one (1) space for each one
hundred and fifty (150) square feet of selling
space.
One (1) parking space for each employee on the
largest shift.
Section 6.6 Special Off -Street Parking Regulations.
A. Manufactured Home and Travel Trailer Parking and Storing
It shall be unlawful to park or otherwise store for any purpose whatsoever any manufactured
home or travel trailer within the Town of Oak Island except as follows:
At a safe, lawful and non -obstructive location on a street, alley, highway or other
public place, provided that the trailer or manufactured home shall not be parked
overnight.
2. Within a manufactured home park, provided, however, the manufactured home shall
either have the label of compliance permanently attached thereto or have a
Certificate of Compliance from the Building Inspector if he has been certified by the
State of North Carolina to issue such certificate or shall have a certificate of title or
other satisfactory evidence on file with the North Carolina Division of Motor Vehicles
that such manufactured home was manufactured prior to September 1, 1971.
3. On any other lot or plot provided that:
a. A storing permit for any manufactured home to be parked or stored for longer
than forty-eight (48) hours shall be obtained from the Code Official.
b. Travel trailers, as defined in Section 2.1, may be stored providing no facilities
of such travel trailers be used for storage of human or animal occupancy and
providing as follows:
House and camping trailers shall be stored in a garage or carport or in the
rear or side yard. Pickup coach and motor homes may be parked in the
driveway as well, but in no other portion of the required front yard.
1-38

4. This Section shall not be construed to prohibit the parking and/or storing for the
purposes of sale of any manufactured home or trailer by any owner or licensed
dealer upon any lot, piece or parcel of land upon which the sale of such vehicle is
permitted and/or licensed under the codes and ordinances of the Town provided that
no living quarters be maintained in any of the travel trailers or manufactured homes
so parked.
Section 6.7 Inoperative Vehicles.
Residential Districts: No inoperative vehicle shall be permitted to be parked or stored longer
than seventy-two (72) hours unless such vehicle is not visible from any public right-of-way.
Business Districts: Inoperative vehicles shall be permitted to be parked or stored while
undergoing repairs in the CB and C-LD Districts. Such vehicles shall be stored no more than
four (4) weeks.
Section 6.8 Off -Street Loading Requirements.
Whenever the normal operation of any development requires that goods, merchandise, or equipment
be routinely delivered to or shipped from that development, a sufficient off-street loading and
unloading area must be provided to accommodate the delivery or shipment operations in a safe and
convenient manner. A plan for required loading space must be approved by the Building Inspector
prior to construction.
1-39

ARTICLE VII. DRIVEWAYS AND CURB CUTS
Section 7.1 General Provisions.
A. A permit is required through the Department of Development Services prior to construction or
reconstruction of a drive approach.
B. The fee for the permit is specified in the Town's fee schedule.
C. All driveway work done on state highway rights -of -way is subject to approval by the North
Carolina Department of Transportation.
D. All driveways shall meet state or town specifications. Driveway construction in the right-of-
way of the town shall be inspected by the Public Works Department.
E. Number of driveways permitted:
(1) No more than two (2) combined entrances and exits shall be allowed on any parcel of
property, the frontage of which is less than two hundred (200) feet on any street.
Additional entrances and exits on parcels with frontage of greater than two hundred (200)
feet shall be allowed only after showing of actual requirements for convenience and
necessity and upon approval by the Planning Board.
(2) Where frontage is fifty (50) feet or less, only one combined entrance -exit shall be
permitted.
F. No driveway may be installed in a manner that adversely affects adjoining property owners or
conflicts with any public facilities or uses such as traffic signals, utility poles, loading zones,
and sewer cleanouts. Any adjustments of public facilities to accommodate driveways shall be
at the expense of the permit applicant.
G. No driveway material shall be installed in a manner that the finished surface shall wash or
collect on town or state maintained roads or streets.
Section 7.2 Design Requirements.
A. Residential uses. The minimum driveway width at the property line shall be ten (10) feet
and the maximum width shall be sixteen (16) feet at the edge of the street pavement.
B. Commercial uses. The minimum driveway width at the property line shall be sixteen (16)
feet and the maximum width shall be twenty-four (24) feet at the edge of the street pavement.
C. At street intersections, within fifteen (15) feet of the intersection of two property lines, right-of-
way lines, or such lines extended.
D. The distance between two (2) driveways on the same side of the street shall not be less than
ten (10) feet, said distance shall be measured between the point of intersection of the
driveway and the pavement edge of the abutting street.
E. Driveways shall be constructed to be no less than five (5) feet from any property line.
F. No loading of vehicles shall take place on the right-of-way adjacent to service stations,
convenience stores, or filling stations. If servicing of vehicles is desired on both sides of the
pump island nearest the right-of-way, then the island must be set back twelve (12) feet from
1-40

the right-of-way line. All other driveway requirements shall apply to service stations,
convenience stores, and filling stations.
G. The grade of the entrance shall slope away from the street surface for a distance of at least
six (6) feet unless otherwise directed by the Public Works Department.
H. Expansion joints shall be required a minimum of three and one-half (3-1/2) feet from each
side of the center line of the public water and sewer line when a driveway of impervious
surface is placed over these lines. These joints must be placed in, not cut. The Public
Utilities Department will locate the water and sewer lines. All paved driveways must have an
expansion joint parallel to the property line.
I. All driveways shall be paved. Driveways shall have a minimum base equal to four (4) inches
of ABC stone (crusher run), and one (1) inch of asphalt, or four (4) inches of concrete.
Alternative paving materials intended to reduce the amount of stormwater runoff from the site
may be approved by the Public Works Department.
1-41

ARTICLE VIII. NONCONFORMING LOTS, STRUCTURES AND USES
Section 8.1 Intent..
Within the districts established by this Ordinance there may exist structures and uses of land
and structures which were lawful before this Ordinance was passed, but which would be
prohibited, regulated or restricted under the terms of this Ordinance. It is the intent of this
Ordinance to permit these nonconformities to continue but they shall be in no case expanded
except that nonconforming use may be granted a variance upon application to the Board of
Adjustment.
Section 8.2 Repairs and Maintenance.
On any building devoted in whole or part to any nonconforming use, work may be done on
ordinary fixtures, wiring or plumbing provided that the cubic content of the building shall not
be increased. Nothing in this section shall be deemed to prevent the strengthening or
restoring to a safe condition of any building or part thereof.
Section 8.3 Nonconforming Structures.
Where a lawful structure exists at the date of adoption of this Ordinance that could not be
built under the terms of this Ordinance by reason of some characteristic of the structure or its
placement on the lot, such structure may be continued as long as it remains otherwise lawful,
subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases its
nonconformity except upon the authority granted by the Board of Adjustment.
B. Nothing in this Ordinance shall be taken to prevent the restoration of a building and
related improvements destroyed to the extent of not more than seventy-five (75)
percent of its assessed value or fifty (50) percent of the actual replacement value,
whichever is smaller, by fire, explosion or other casualty, act of God, or the public
enemy, nor the continued occupancy or use of such building or part thereof which is
existing at the time of such partial destruction.
Section 8.4 Non -conforming Lots.
A. Non -conforming single lot of record. A vacant lot of record established prior to the
effective date of this ordinance that does not conform to the dimension requirements
of the district in which it is located may be used as a building site for a use permitted
in the district provided: All construction and the location of the building shall be in
accordance with the applicable front, side and rear yard requirements of the zoning
district in which it is located.
B. Non -conforming contiguous lots of record. If two (2) or more contiguous, vacant
non -conforming lots of record, established prior to the effective date of this ordinance,
are in single ownership, such lots shall be combined to create one or more
conforming lots.
1-42

Section 8.4 Continuance and Change of Nonconforming Use.
Any legal nonconforming use may be continued for an indefinite period provided, however,
that if the use is discontinued for a period of one (1) year, said use shall not be continued and
it shall not be changed to any other use except one permitted within the district in which the
use is located. All materials, debris and ruins foreign to any use permitted in the district at
the date of passage of this Ordinance shall be removed within three (3) years.
1-43

ARTICLE IX. CONDITIONAL USES
Section 9.1 Conditional Uses.
A. Purpose. The purpose of this Section is to allow for those uses that have the potential of
being incompatible with adjacent land uses. For this reason, special consideration shall be
given to those uses listed as conditional uses in the zoning districts as listed in Article V. The
reasons for requiring such special considerations involve, among other things, the size of the
area required for the development of a use, the affect such uses have on any adjoining land
uses and on the health, safety, general welfare and development of the community as a
whole. Approval of a conditional use does not establish a binding precedent to grant other
conditional uses. A conditional use is not transferable from one parcel of land to another.
B. Application of Regulations. Application for granting a conditional use shall be filed with the
Planning Board by the owner or by the owner's authorized representative. The applicant
shall also submit:
1. An accurate map or plat which shows the property for which the conditional use is
sought. The map shall contain the following information:
a. The names of owners of record of adjoining properties.
b. The location and names of all adjacent street rights -of -way.
C. The total area of the property.
d. The location of all existing buildings on the property.
2. Plans and specifications showing the methods by which the property owner will
comply with the conditions specified for the conditional use.
3. Application shall be accompanied by a filing fee of seventy-five dollars ($75.00).
C. Steps to be Taken in a Conditional Use Application Other Than Unified Tract
Developments.
1. The Planning Board shall review each conditional use request and:
a. Recommend approval;
b. Recommend approval with conditions;
C. Recommend denial.
2. The Planning Board shall have forty-five (45) days from the date on which the
request is referred to the Planning Board until it makes a recommendation to the
Town Council. If the Planning Board fails to submit a recommendation within a forty-
five (45) day period, it shall be deemed to have made a favorable recommendation
unless a longer time period is granted by the Town Council.
3. The Town Council, after receiving a recommendation from the Planning Board, shall
hold a public hearing on the conditional use request. Notice of the public hearing
shall be published in accordance with G.S. 160A-364. The following procedures shall
govern the public hearing and the decision to grant or deny the conditional use
permit:
(a) All persons shall be sworn before presenting evidence to the town council,
unless waived by the applicant.
1-44

(b) All persons shall offer only competent material and substantial evidence in
any presentation to the council. Competency shall be determined by the
council in its decision.
(c) All persons participating in the hearing shall have an opportunity to cross-
examine adverse witnesses and to inspect any evidence presented.
(d) The applicant shall be allowed the opportunity to offer competent evidence in
explanation or rebuttal to objecting participants.
(e) Following the presentation of all evidence both for and against the application
for conditional use permit, the council will render its decision on the
application and will state its reasons for approving or disapproving the
application.
(f) The town council, in granting the permit, must find that all of the following
four (4) factors exist:
i. That the use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as
submitted and approved by issuance of the conditional use permit;
ii. That the use meets all required conditions and specifications;
iii. That the use will not substantially injure the value of adjoining
property, or that the use is a public necessity; and
iv. That the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area
in which it is to be located and in general conformity to the land use
plan.
D. Additional Conditions. The Planning Board may recommend and the Town Council may
approve additional conditions on an application in order to ensure that the use will be
compatible with the use and/or development of properties in the general neighborhood. Such
conditions may include, but not be necessarily limited to:
1. Use regulations; ,
2. Special yards and space dimensions:
3. Fences and walls;
4. Street dedications or improvements;
5. Parking spaces;
6. Vehicular access points;
7. Landscaping improvements and maintenance;
8. Maintenance of grounds;
9. Noise and vibration limits;
10. Regulations concerning time for certain activities;
11. Time period within which the propose use shall be developed.
These conditions may be in addition to and supplement the Special Provisions contained in
Section 9.2.
E. Environmental Impact Statement. Pursuant to G.S. Chapter 133 or 133A, the Planning
Board may require the applicant to submit an environmental impact statement with the
application for a conditional use permit if:
The development exceeds two (2) acres in area; and
2. The Planning Board deems it necessary due to the nature of the site, or the
peculiarities of the proposed layout.
Section 9.2 Special Provisions for Conditional Uses.
(1) Animal (Veterinary) Clinic.
1-45

An animal (veterinary) clinic or hospital may located in the CB district upon the finding by the Planning
Board that this use will not constitute a nuisance because of traffic and noise created by clients and
animals treated at the facility. No animals shall be boarded at the clinic other than convalescing
animals.
(2) Apartments, Condominiums, Townhouses.
The Planning Board may recommend the location of apartments, condominiums, and townhouses in
the R-6MF district subject to the following conditions:
A. Lot Area Llot Width and Yard Requirements. The following minimum requirements shall
be observed.
Each additional
Each additional
Duplexes
3 units
unit up to 6
unit over 6
Lot Area
9,900
13,200
Z200
1,100
Sq. Ft.
Sq. Ft.
Sq. Ft.
Sq. Ft.
Lot width
82.5 Ft.
110 Ft.
10 Ft.
10 Ft.
Setbacks:
Front yard
30 Ft.
Same
Same
Same
Side yard
20 Ft.
Same
Same
Same
Street side
30 Ft.
Same
Same
Same
Yard
Rear yard
30 Ft.
Same
Same
Same
Minimum distance between buildings: 30 feet.
B. Detached Accessory Building and Uses. Accessory buildings and uses shall meet the
minimum setback requirements established for principal buildings and uses in the district.
C. Height Limitations. No building shall exceed thirty-five (35) feet in height, except in the V-
zone where the maximum height shall be forty-one (41) feet.
D. Parking. Two (2) off-street parking spaces shall be provided for each dwelling unit and shall
be designed according to the provisions of Article VI.
E. Additional Conditions. Special conditions may be required by the Planning Board in order
to safeguard the general welfare and interests of the community as a requisite to the granting
of a conditional use.
(3) Auction Halls.
The Planning Board may permit the location of auction halls in the CB district, provided that seating
for customers is provided and that one (1) off-street parking space is provided for every five (5) seats
in the main assembly area, plus one (1) space for every one hundred (100) square feet of total floor
area.
(4) Bed and Breakfast Homes.
A. Bed and breakfast homes may locate in the R-9, R-7.5, R-6MF, and CR districts subject to
the following conditions and other conditions which may be required by the Planning Board:
1. Bed and breakfast homes shall offer accommodations to no more than eight (8)
persons.
146

2. Bed and breakfast homes shall be registered at the town hall annually before
beginning operation thereof, giving the name of the owner or operator, address,
accommodations offered and period of operation.
3. Evidence shall be provided that the facility is in full compliance with the North
Carolina Administrative Code administered by the Department of Natural Resources
and Community Development, Division of Health Services, pertaining to bed and
breakfast homes.
4. A minimum of one (1) off-street parking space shall be provided for each bedroom
and other rooms used for sleeping in bed and breakfast homes.
(5) Cocktail Lounges, Bars, Taverns.
A. A lot, tract or parcel may be used for a cocktail lounge, bar or tavern upon the following
findings:
1. Nuisance. That the use will not constitute a nuisance owing to noise, traffic or other
activity.
2. Compatibility. That the use will not tend to adversely affect the use and development
of the surrounding community as a result of traffic, noise or other activities associated
with the use.
3. Signage. Signs subject to Article X.
(6) Commercial Recreation Establishments.
A. Commercial recreation attractions may locate in the CB, CR, and C-LD districts subject to the
following conditions and other conditions which may be required by the Planning Board:
1. Site size. The site shall include at least five (5) commercial twenty -foot (20) wide
lots. (5 x 20 ft. = 100 ft.)
2. Access. The site shall front on a dedicated street.
3. Water and sewer. The site shall be served by the town water system and by a sewer
system approved by the county health department.
4. Parking. Off-street parking shall be provided so that there shall be:
a. One (1) space for every one hundred (100) square feet of ground floor area
of buildings and other roofed or enclosed structures; and
b. One (1) space for every five hundred (500) square feet of outdoor area.
The boundary of any off-street parking area shall be at least one hundred (100) feet
from any land in a residential district adjoining the subject property and at least .
twenty-five (25) feet from any other adjoining land excepting street right-of-way where
no setback shall be required. Such off-street parking shall be screened from any
adjoining land in a residential district by plant material and/or fencing of adequate
type, height and depth to provide a reasonable sight and sound barrier.
1-47

5. Setbacks. The proposed use shall have a forty (40) foot front yard setback and a
twenty-five (25) foot rear yard setback line.
6. Signs. One (1) sign identifying the facility may be located at one (1) entrance to each
street. Signs shall be arranged and installed so as not to shine or reflect into any
adjacent residential property or into the path of any motor vehicle on any approach
road. The Planning Board has the right to reject any sign which is not in harmony
with the character of the surrounding area. (Also subject to Article X.)
7. Site plan. A site plan, drawn to scale, shall be submitted to the Planning Board. The
plan shall show the zoning classification, use and character of the adjoining
properties; existing and proposed rights -of -way; the location and arrangement of off-
street parking areas; the location of buildings and areas; the arrangement of signs
and lighting; a landscaping plan and other features as may be required by the
Planning Board to permit an adequate evaluation of the project.
8. General Planning Board procedures and time frame. The Planning Board in its
review of the project shall be able to require additional data, plans or information to
assist in evaluating the project; it may require modification of plans, the elimination of
facilities or the installation of additional facilities when such are needed for a
compatible relationship between the project area and adjacent properties. If the
project plan is approved by the Planning Board, the plan, along with all written
documentation and conditions which may be attached to it, shall be considered the
"project development plan." Such plan shall be adhered to by the developer and
shall remain valid for a period of two (2) years from the date of its approval. If at the
end of that time no construction has begun on at least one (1) principal structure of
the plan, then the plan shall be considered to have expired and must be submitted
again to the Planning Board for approval.
9. Addition of attractions within an established site. Prior to the installation of an
additional attraction, the property owner of appropriate representative shall submit to
the planning department a project plan for staff review. At that time, staff shall review
the proposed project plan and determine whether a conditional use permit
modification is necessary. If staff determines that a conditional use permit
modification is not necessary, the property owner shall then be allowed to install the
attraction, providing all other necessary building, electrical, mechanical, plumbing,
etc. are obtained. If the addition to the attraction is determined to cause a concern
for the general welfare of the community, the project plan will then be forwarded to
the Planning Board for conditional use review.
(7) Day Care Centers.
A. A lot, parcel or tract of land may be used for a day care center subject to the following
conditions:
1. State standards. That the day care center meets the standards established by the
state department of human resources regarding the size of building and play area.
2. One principal use. That no other business may be located on the property.
3. Neighborhood impact. That there will be no adverse impact on the neighborhood as
a result of traffic, noise, maintenance or other activities associated with the day care
center.
148

4. Signs. That signs for the day care center be unlighted and limited to a total of five (5)
square feet. (Also subject to Article X.)
(8) Fraternal Organizations.
Fraternal organizations may be allowed when the Planning Board finds that the site is located
on a main arterial street, as defined by the town.
(9) Golf Courses.
All tees, greens, manicured fairways, and structures shall meet minimum setback
requirements for single family residences within the district.
(10) Group Homes.
A. A lot, parcel or tract of land may be used for a group home upon the following findings of the
Planning Board:
1. Nuisance. That the use will not constitute a nuisance owing to noise, traffic or other
activities.
2. Compatibility. That the use wili not tend to adversely affect the use and development
of the surrounding residential community as a result of traffic, noise, maintenance or
other activities associated with the group home.
3. Need. That he applicant demonstrates the need for the facility.
4. Supervision. That the premises will be under the supervision of qualified personnel
at all times.
5. Geographical distribution. Notwithstanding any other provision of this section, no
group home shall be located within a one-half (1/2) mile radius of another such facility
in order to prevent over -concentration of this use in a given area.
(11) Hospitals, Nursing Homes and Convalescent Centers.
A. Restrictions. A lot, parcel or tract of land may be used for a convalescent home, hospital or
nursing home upon the finding of the Planning Board that the use will not constitute a
nuisance because of traffic, noise, number of patients or persons being cared for or that the
use will not adversely affect the present character or future development of the surrounding
residential community.
B. Dimensional requirements. The lot on which the building or buildings are located shall
conform to the following minimum area, setback and parking requirements:
1. Convalescent home:
149

Total area - 2 acres
Front yard setback - 30 feet
Setbacks - 25 feet from property lines
2. Hospital:
Total area - 5 acres
Setbacks - 50 feet from property lines
3. Nursing home:
Total area - 2 acres
Front yard setback - 30 feet
Setbacks - 25 feet from all other property lines
C. State and local building and zoning regulations. Convalescent homes, hospitals and nursing
homes must meet all state and local building and zoning regulations as presented by this
section.
(12) Manufactured Housing Park.
A. The lot size for each manufactured housing unit must meet the minimum lot size
requirements, setback and yard requirements of the R-6MH district. Recreational vehicles
shall not be occupied in manufactured housing parks.
B. Manufactured homes shall be affixed to a permanent foundation and shall have skirting
around the entire perimeter.
C. The park shall contain at least three (3) manufactured housing units.
D. Off-street parking for at least two (2) automobiles must be provided on each lot.
E. Public water and sewer services shall be provided to all lots within the park.
F. Sanitation services shall be equivalent to the services provided by the town and the county.
G. All manufactured housing units must front or, a public or private street.
H. A screening buffer as described in Article XI shall be installed and maintained along all rear
and side property lines of the manufactured Lousing park site.
(13) Funeral homes.
A. Restrictions. The Planning Board may permit the location of a mortuary in the C-LD district
upon the finding that the use will not constitute a nuisance because of traffic and general
congestion resulting from operation of the mortuary, or that the use will not adversely affect
the present character or future development of the surrounding residential community.
B. Dimensional requirements. The parcel on which the use is located shall conform to the
following minimum area and setback requirements:
Total area - 2 acres
Front yard setback - 30 feet
Setbacks - 25 feet from all other property lines
(14) Hotels, Motels, and Transient Lodging (including accessory swimming pool for the use
of guests; cocktail lounges
and taverns).
1-50

A motel may be established in the CB and CR districts upon a finding by the Planning Board
that such use will not constitute a nuisance because of noise, sanitary conditions or traffic
and will not adversely affect the present character or future development of the surrounding
residential community. The project shall be subject to the following standards:
1. Screening. That a substantial, aesthetically pleasing fence, not less than six (6) feet
high shall be constructed and maintained along the full length of any property line
that lies adjacent to property used for residential purposes.
2. Setback. No building, structure shall be located less than forty (40) feet from the
front property line and that no building shall be located less than twenty-five (25) feet
from all other property lines. All parking areas shall meet the setback requirements
of the district in which the use is located.. All parking shall be off-street.
3. Site design map. That an accurate map of the property shall be provided showing:
a. Location and proposed use of all buildings and structures;
b. Location and total number of all parking spaces;
C. Location of all drives and access driveways;
d. For motels, the total number of guest rooms or units proposed; and
e. Any additional information that the Planning Board finds necessary.
4. Additional conditions. A restaurant, coffee shop, cocktail lounge, tavern and night
club may be maintained as accessory units attached under the same structure with a
motel. Parking for such uses shall be provided in addition to the requirements of the
motel.
5. Additional conditions. Special conditions may be required in order to safeguard the
general welfare and interests of the community as a requisite to the granting of a
conditional use.
(15) Planned Unit Developments (PUD)
Planned unit developments — C-LD District (PUD-C).
All forms of innovative land usage for residential developments such as single-family cluster
subdivisions, townhouses, multi -family dwellings, retirement complexes, patio lots, as long as the
overall density of land used for residential structure coverage ("foot print") and for amenities of
perpetually assured open space provide not more than one (1) dwelling unit or residency room per
7,500 square feet of land. Public or community water and sewer service must be available.
Accessory commercial and medical services intended primarily for residents are permissible.
The intent of permitting such innovative developments is to encourage a higher quality of
development than it may be possible to achieve by use of a particular tract of land for a
traditional detached single family home subdivision.
In all cases, adequate external buffering shall be provided by much larger setbacks of structures
and uses such as active recreational areas, swimming pools, ancillary structures, trafficways, parking,
and all other use of the land than green open space. In no case shall any structure or pavement or
sign be located closer than 25 feet to any property line. Adequate instruments to the benefit of all
persons who buy or rent in the proposed development must be filed and are subject to the same
scrutiny and judgement as the site and structural and landscape plans.
Planned Unit Development— Residential Districts (PUD-R)
1-51

The purpose of the PUD provision is to encourage more creative and innovative design for residential
development than is possible under the general district regulations. It is designed to promote efficient
use of land with an economic arrangement of structures, circulation systems, land use, and utilities.
The PUD provision is also intended to encourage the preservation of existing natural features and site
amenities in an aesthetically pleasing manner. PUD's are available in the R-20, R-9, R-7.5, and the
CL-D districts provided that:
(a) All projects have a minimum site size of two (2) acres;
(b) The residential density or commercial intensity does not exceed the levels permitted
in the district in which the PUD is located;
(c) The development reserves a minimum of 15% of the total land area for open space
and/or recreational areas;
(d) Placement of structures within the PUD shall be governed by the NC State Building
Code. The yard requirements of the district in which the PUD is located do not
apply to the internal design of the site. Yards abutting adjacent properties at the
periphery of the site shall be provided in accordance with the district's requirements.
(e) The Planning Board may require an appropriate buffer along the side and rear of
the site where it abuts residentially zoned or used property.
(16) Public Utility Use or Structure.
A public utility use or structure, including water and wastewater system pump stations, may
be established when the Planning Board finds:
1. Necessity. That the proposed use at the location selected is deemed necessary by
the Planning Board for public convenience and service but cannot be supplied with
equal effectiveness if located in a district where the use is permitted by right.
2. Community protection. That the proposed location will not endanger the health and
safety of workers or residents in the community and will not impair or prove
detrimental to neighboring properties. All buildings shall be in character with the
surrounding residences.
3. Aesthetics. That landscaping and/or fencing shall be provided where deemed
necessary, as determined by the Planning Board.
4. Transmission stations. Utility transmitting or relay stations or towers are permitted
provided that no such station or tower shall be permitted on a site less than one (1)
acre in area and that no site shall have a horizontal dimension less than twice the
height of the tower. The tower must be located a distance of fifty (50) feet, plus its
height, from all bounding lot lines or street right-of-way.
Minor structures, such as hydrants, telephone or light poles, pole transmitters or
transformers, or similar equipment, shall not be subject to these regulations.
5. Transmission lines. Public utility transmission lines shall be permitted only if a right-
of-way of sufficient width shall permit the safe construction and maintenance of the
line and prevent any hazard to surrounding property. On a one(1) or two (2) circuit
transmission line, the distance from the tower base to the nearest boundary of the
transmissions line right-of-way shall be no less than twenty-five (25) feet. On a three
(3) or four (4) circuit transmission line, the distance shall be no less than fifty (50)
feet. The Town Council may require suitable fencing or landscaping of a tower base
when, in the opinion of the Council, it is necessary to protect the public or conserve
the values of the surrounding property. Telephone, electric light and power lines
1-52

carrying less than thirty-three thousand (33,000) volts and usually located along
public and water mains or pipes are not subject to these conditions.
6. Wastewater pump stations. Sewerage pump stations shall be permitted only if the
applicant can demonstrate that there operation, including safeguards for spills, noise,
and odors, does not endanger the public health and safety and will not impair or
prove detrimental to neighboring properties. As a minimum requirement, pump
stations shall be fenced to prevent entry by unauthorized persons and buffered and
landscaped so that they are not visible to surrounding properties.
(17) Recreational Campgrounds and Recreational Vehicle Parks.
Campgrounds for recreational purposes may locate in the CB, CR, and C-LD commercial
districts provided:
1. Accessibility. That the campground shall be readily accessible to a public street and
no entrance or exit from the campground shall require traffic movement through a
developed residential district and that access to campsites or recreational vehicle
sites shall be provided through well -maintained roadways within the campground.
2. Dimensions. That no campground shall be less than two (2) acres or one (1) city
block in size, and that no campsite shall be located closer than twenty-five (25) feet
to the right-of-way of any public street. Gross density of the campground shall not
exceed twenty-five (25) trailer spaces per acre and no more than one (1) vehicle or
trailer parked on each site.
3. Site design. That detailed site plans showing the proposed type and location of
campsites, access roads, location and type of all related facilities and a description of
the provisions for utilities shall be provided to the Planning Board when making a
decision on the request. During the review, special attention shall be directed toward
ensuring that adequate space is provided for each campsite. Concrete slabs shall be
allowed as long as they do not exceed one hundred (100) square feet per campsite
and shall not violate the restrictions of impervious surface coverage as provided in
this section.
4. Walkways. Walkways shall be provided to service facilities and comfort stations.
5. Screening and landscaping. Additional yard areas and landscaping may be required
when granting the conditional use. Campgrounds shall be enclosed by an
appropriate fence except at drive-in entrance or exit.
6. Recreational vehicles. A recreational vehicle is ready for highway use if it is on
wheels or a jacking system, is attached to the site only by quick -disconnect type
utilities and security devices, and has no additions. Recreation vehicles placed on
sites shall be on site for fewer than one hundred eighty (180) consecutive days; and
be fully licensed and ready for highway use.
7. Additions. All additions, except those provided by the owner, are prohibited.
(18) Unified Tract Developments.
A. Purpose. The unified and planned development of a site, in single or corporate ownership at
the time of development, may be permitted in a unified tract development (UTD) without the
1-53

customary division into individual lots, subject to the regulations as hereinafter provided in
this section. For the purpose of this section, all UTD projects shall be classified as follows
and shall be limited to parcels of not less than the size indicated:
Residential — Two (2) acres
Commercial — Two (2) acres
B. Application of Regulations.
Uses allowed. Only those uses allowed as permitted uses in the district in which the
tract is located shall be allowed in a unified tract development. If the tract is located
within two (2) or more districts, only those permitted uses common to all such districts
shall be allowed.
2. Use and structure compliance. Individual structures and uses within a UTD need not
comply with the specific building location, building size, floor area (variation may not
exceed ten (10) percent), lot size and open space requirements of the underlying
district provided the spirit and intent of such requirements of the underlying district
provided the spirit and intent of such requirements are complied within the total
development plan, it being the intent that variations in these items, but not in uses
allowed in UTDs shall be consistent with the criteria established in subsection E.
below.
C. Coordination with Subdivision Regulations. The requirements of the town subdivision
regulations shall apply to all unified tract developments. It is the intent of this article that any
subdivision review and approval required by the subdivision regulations be carried out
simultaneously with the review of a UTD. The development plans submitted under this article
must be submitted in a form which will satisfy the requirements of the subdivision regulations
for preliminary and final plats.
D. Procedure.
Petition. Petition may be made to the Planning Board by the owner or agent of the
property proposed for such development, to amend the zoning map through the
addition of a UTD district to the zoning designation of the property. Such petition
shall be accompanied by a fee of one hundred fifty dollars ($150.00) and the
following information:
a. A statement describing the general character of the intended development
along with such other pertinent information as may be necessary to make a
determination that the contemplated arrangement or use makes it desirable
to apply regulations and requirements differing from those ordinarily
applicable in the underlying zoning district of this article.
b. A general development plan of the project showing at least the following
information as may be required by the Planning Board in a specific situation
in sufficient detail to allow the Planning Board and the Town Council to apply
the criteria for approval as hereinafter set forth:
(1) An accurate map of the project area including its relationship to
surrounding properties;
(2) Statistical data on total size of the project area, area of open space,
density computation and proposed number of residential units,
impact on municipal services, and other data pertinent to a
comprehensive development;
(3) The pattern of roads, driveways, and parking facilities, intended
design standards;
(4) The size, arrangement and location of lots or of building groups;
1-54

(5) The type, size and location of structures;
(6) The location of water and sewer facilities;
(7) Architectural drawings and sketches illustrating the design and
character of the proposed structures;
(8) The location of recreational open space areas and areas reserved or
dedicated for public uses such as schools, parks, etc.;
(9) The general landscape treatment;
(10) The existing topography showing basic topographic changes to be
made through construction; and
(11) A general outline of intended organization structure related to
property owners association, deed restrictions, and provision of
service.
2. Referral to Planning Board. A UTD petition shall be referred to the Planning Board
and processed as any other petition for conditional use. Upon completion of
necessary study and investigation, the Planning Board shall make its
recommendations to the Town Council as to the appropriateness and desirability of
the proposed change, the suitability of the building site and any development plans,
and any additional conditions which it may feel to be necessary and appropriate.
3. Public Hearing. Upon receipt of the application for a unified tract development
designation, public hearings will be held in compliance with the requirements of G.S.
section 160A-364.
E. Basis for Approval. The Planning Board, in making its recommendations, and the Town
Council, in making its determinations, shall give the consideration and satisfy themselves as
to the following stipulations:
Scheduling intent and financing ability. The proponents of the proposed
development shall demonstrate that they intend to start construction within a nine (9)
month period following the approval of the project, that the project appears
economically sound, that adequate financing is possible, and that the development
will be carried out according to a reasonable construction schedule satisfactory to the
town.
Consistency and justification. The proposed development must be shown to be
consistent in all respects to the spirit and intent of this section, to conform with the
town's general plans for community development, to be supportive of the general
welfare and economic prosperity of the town and of the immediate neighborhood, to
have specific development plans prepared with competent professional advice and
guidance, and to show that the benefits and improved design of the resultant
development justified the variation from the normal requirements of this article and
other policies and regulations of the town.
Residential development. It must be shown:
That such development will create an attractive residential environment of
sustained desirability, economic stability, compatible with the character
established for the area by the land use plan, and where the economic
impact of the development in terms of income levels, property values, and
service demands is at least as beneficial to the community as that which
could be anticipated in the underlying zoning district.
b. That the project will not create traffic or parking demand incompatible with
that anticipated in the land use plan.
1-55

C. That the total average density of the project will be consistent with the base
zoning district. The maximum allowable density shall be computed by
dividing the total area within the project, excluding streets, by the lot size per
unit permitted in the base zoning district. An increase in the allowable
maximum density, not to exceed ten (10) percent may be permitted upon
recommendation of the Planning Board provided that the increased density is
justified by the applicant's attention to preserving important natural features,
wildlife habitat, recreational facilities, or other measures which enhance the
physical environment of the project.
d. That the aggregate open space of the development will be no less than
would have resulted from the application of open space requirements of the
underlying zoning district.
e. That adequate guarantee is provided for permanent retention as "open
space of the residential open land resulting from the application of these
regulations, either by private reservation or by dedication to the public.
In the case of private reservation of open area, that the open area to be
reserved shall be protected against building development, by recording with
the register of deeds as part of the conditions for project approval, an open
space easement restricting the area against any future building or use except
as is consistent with that of providing landscaped open space for the
aesthetic and recreational satisfaction of the surrounding residences.
Buildings or uses for noncommercial recreational or cultural purposes
compatible with the open space objective may be permitted only where
specifically authorized as part of the development plan or subsequently with
the express approval of the Planning Board.
g. That any common facilities for the project will be maintained by a
management organization with authority to access property owners within the
project with the costs of maintaining the facilities. The manner of assuring
maintenance and assessing such costs shall be determined prior to the final
approval of the project plans and shall be included in the title to each
property involved.
4. Commercial development. It must be shown:
a. That the proposed development will be adequately served by off-street
parking and truck service facilities.
b. That the locations for entrances and exits have been designed to prevent
unnecessary interference with the safe and efficient movement of vehicular
and pedestrian traffic on surrounding streets and walkways, and that the
development will not create an effect upon the general traffic pattern of the
are incompatible with that anticipated in the land use plan.
C. That the architectural design, landscaping, control of lighting, and general
site development will result in an attractive and harmonious service area
creating a positive effect upon the property values of the surrounding
neighborhood.
F. Determination.
The Town Council, after due consideration may deny the petition, approve the
petition subject to additional conditions, or approve the petition as submitted.
1-56

2. The approval of a petition shall be based on assurance that the proposed
development will be carried out basically as presented in the official submission
plans. Detailed construction and engineering plans need not necessarily be
completed at the time the UTD request is approved, but approval of the preliminary
plan shall be conditioned upon the subsequent submittal and approval of more
specific and detailed plans as the development progresses according to a schedule
approved by the Planning Board.
3. The developer shall enter into an appropriate contract with the town to guarantee the
implementation of the development according to the terms and conditions
established as part of the development plan approval.
4. Any subsequent change or addition to the plans of use shall first be submitted for
approval to the Planning Board, and if in the opinion of the Planning Board such
change or addition constitutes a substantial alteration of the original plan, a public
hearing shall be required.
1-57

ARTICLE X. SIGNS
It is the purpose of this section to permit signs of a commercial, industrial, and residential nature in
districts which have appropriate uses and to regulate the size and placement of signs intended to be
seen from a public right-of-way.
Section 10.1 General Provisions
All signs within the jurisdictional area 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
re listed in this section shall be erected within the jurisdictional area of this Ordinance.
A. Traffic Safety. No sign shall be erected or continued that:
1. Obstructs the sight distance at intersections or along a public right-of-way.
2. 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.
3. Use admonitions such as "stop", "go", "slow", "danger", etc., which might be confused
with traffic directional signals and signs.
B. Prohibited Signs.
1. Signs erected on or over public streets. No sign shall be erected or maintained within
any public street right-of-way nor be allowed to extend over or into any public area,
except for wall signs on a building built to the right-of-way line. Such signs must be
erected flush against the building, extend no more than ten (10) inches from the
building, and no lower than eight (8) feet above the ground level. However, this
subsection shall not apply to public signs necessary in the performance of a
governmental function or required to be posted by law and certain real estate signs in
Section 10.04.
2. Signs obstructing ingress or egress of building. No sign shall be erected or
maintained that obstructs ingress and/or egress to or from any window, door, fire
escape, stairway, ladder or opening intended to provide light, air, ingress or egress to
or from any room or building as required by law.
3. Signs on private property; consent required. No sign may be erected by any person
on private property of another person without first obtaining the written consent of
such owner.
4. Portable signs. Any sign not permanently affixed or which is capable of being
transported on its own chassis or by other mobile means.
5. Billboards/outdoor advertising signs. Any sign, including a standard poster panel,
either freestanding or attached to a structure, which directs attention to a business,
commodity, service, entertainment or other activity conducted, sold or offered
elsewhere than on the premises on which said sign is located. However, an activities
permit may be obtained from the administrative official for advertising events
sponsored by governmental or nonprofit organizations. Advertisements for such
events may be displayed three (3) weeks before the event and must be removed
within two (2) weeks after the event.
C. Maintenance. Should any sign become insecure or in danger of falling or otherwise unsafe
in the opinion of the Building Inspector, the owner thereof, or the person or firm maintaining
the same, shall upon written notice from the Building Inspector, forthwith in the case of
immediate danger and in any case within ten (10) days, secure the same in a manner to be
approved by the Building Inspector, in conformity with the provisions of this Code, or remove
1-58

such sign. If such order is not complied with in the ten (10) days, the Building Inspector shall
remove such sign at the expense of the owner or lessee thereof.
All signs for which a permit is required, together with all their supports, braces, guys and
anchors shall be kept in repair and, unless of galvanized or non -corroding metal, shall be
thoroughly painted at least once every two years. The Building Inspector may order the
removal of any sign that is not maintained in accordance with the provisions of this section.
Such removal shall be at the expense of the owner or lessee.
D. Construction prohibited. No sign shall be attached to or painted on any telephone pole,
light pole, telegraph pole, fence or other man-made object not intended to support a sign or
any tree, rock or other natural object.
E. Illumination. Illumination devices such as, but not limited to, flood or spot lights shall be so
placed and so shielded as to prevent the rays of illumination therefrom being cast upon
neighboring buildings and/or vehicles from either direction.
Blinking, flashing, oscillating or animated lights are prohibited for signs or as a means of
advertising or attracting attention to a business establishment. This applies to all signs,
permanent or portable. Revolving barber shop light is exempt.
F. Nonconforming signs. All signs or advertising structures located in districts where they
would not be permitted as a new use under the terms of these regulations are hereby
declared to be nonconforming uses. Such nonconforming uses shall be discontinued and
removed within three (3) years after receiving notification of such nonconformity from the
Building Inspector. If said nonconforming use is continued beyond the stated period, the
Building Inspector shall cause same to be removed at the expense of the owner of
nonconforming use.
G. Unlawful signs. In case any sign shall be installed, erected or constructed in violation of any
of the terms of this Ordinance, the Building Inspector shall notify by registered mail or written
notice served personally, the owner or lessee thereof to alter such sign so as to comply with
this Code or of the Zoning Ordinance and to secure the necessary permit therefor, or to
remove the sign. If such order is not complied with in ten (10) days, the Building Inspector
shall remove such sign at the expense of the owner or lessee thereof.
Section 10.2 Signs Requiring Permit.
No sign, except those listed in Section 10.04, may be erected, moved, enlarged or substantially
altered except in accordance with the following requirements and standards.
Temporary, identification and principal use signs shall be set back at least ten (10) feet from any
property line.
A business use sign shall be permitted on the premises of the business in districts in which the use is
permitted subject to the following limitations:
A. If suspended from a wood or metal canopy, the sign must be at least eight (8) feet above the
sidewalk level and not be larger than six (6) square feet in area.
B. Projection signs will be allowed as long as they project no more than three (3) feet from a flat
surface of the building, have a maximum square footage of fifteen (15) feet, there is eight (8)
feet to the bottom of the sign from the ground, and they do not project over the right-of-way.
C. Wall signs shall not project more than one (1) foot from any building wall or canopy.
1-59

D. No wall sign shall extend above parapet walls or above roof lines of buildings without parapet
walls. No wall sign shall extend above the lower eave line of a building with a pitched roof,
except if the room is a mansard -type roof, in which case the sign may be attached flat
against, but not extend above said roof.
E. Wall signs shall have a total sign surface area in square feet no greater than two (2) times the
linear frontage in feet of the wall of the building to which the sign is attached. Display lighting
shall be shielded so as to prevent a direct view of the light source from a residence in a
residential district.
F. No building shall have more than one (1) freestanding sign except buildings having frontage
on more than one (1) public street. In this case not more than two (2) freestanding signs
shall be permitted. A freestanding wood sign shall in no case exceed a height of twenty-four
(24) feet or sixty-four (64) square feet in area. However, signs constructed of
noncombustible materials may exceed a height of twenty-four (24) feet, but in no case
exceed a height of thirty-five (35) feet, when approved by a registered engineer.
G. Each shopping center may provide not more than one (1) freestanding sign that displays the
name of the shopping center and the tenant businesses. Such signs shall not exceed a sign
surface area of sixty-four (64) square feet relating to the shopping center plus ten (10) square
feet relating to each individual tenant business within the shopping center.
H. Signs required by federal or state regulations, such as gasoline price signs, are allowed in
those districts where required. Such signs shall be the minimum size requried and shall
adhere to the provisions of this Article.
I. Subdivision identification signs erected on private property shall be limited to a maximum of
one (1) sign per dedicated street entrance and a maximum total display area of twenty-four
(24) square feet, except in the ETJ area located in St. James Plantation, where the sign or
signs at each subdivision entrance may have a maximum total display area of two hundred
fifty (250) square feet. The owner of the property on which the sign is located shall be
responsible for all maintenance. (Subdivision identification signs are not exempt from the
sign permit requirement.)
Section 10.3 Sign Lighting.
A. Display lighting of signs shall be shielded so as to prevent the direction of such light into any
structure used primarily for residential purposes. Floodlights for signs must be aimed so that
the beam is directed away from oncoming vehicular traffic on any road, street or alley.
B. No rotating, revolving or intermittent lighting devices shall be attached to or made a part of
any sign.
Section 10.4 Signs Which do not Require a Permit.
The following signs may be erected, hung or placed without a permit from the Building Inspector, but
shall not be illuminated unless otherwise specified: ,
A. Temporary Real Estate Sign. One (1) temporary real estate sign not exceeding twenty-five
(25) inches by thirty-two (32) inches in size. Where the property on which said sign is placed
faces more than one (1) street, one (1) sign shall be allowed on each street frontage. The
signs are only allowed on the property being advertised.
1-60

B. Temporary Construction Sign. One (1) temporary construction site sign not exceeding
thirty-two (32) square feet or two signs not to exceed a total of twenty-four (24) square feet
erected on the site during the period of construction to announce the name of the owner or
developer, contractor, architect, land planner, landscape architect or engineer.
C. Bulletin Boards. Churches, schools, community centers and other public and institutional
uses may erect one (1) sign or bulletin board not exceeding fifteen (15) square feet in area
for the purpose of displaying the name of the institution and related information. Such signs
shall be used as wall signs or shall be located a minimum of ten (10) feet from the street lot
line. Where side yards are required, no such sign shall be permitted in the required side
yards.
D. Home Occupation Sign. One (1) standing or hanging sign that shall not exceed one
hundred and forty-four (144) square inches.
E. Direction, Information or Instructional Sign. Direction or information signs of a public or
quasi -public nature shall not exceed six (6) square feet in area. Such signs shall only be
used for the purpose of stating or calling attention to:
1. The name of location of the city, hospital, community center, public or private school,
church, synagogue or other place of worship.
2. The name of a place of meeting or an official or civic body such as the Chamber of
Commerce, service club or fraternal organization.
3. An event of public interest such as a public hearing, rezoning announcement, general
election; church or public meeting; local or county fair; and other similar community
activities and campaigns.
4. Signs erected strictly for the direction, safety or convenience of the public, including
signs which identify restrooms, parking area entrances or exits, and no trespassing
signs or similar devices warning of danger.
5. Soil conservation, 4-H and similar projects.
6. Zoning and subdivision jurisdiction boundaries.
F. Temporary Political Signs. Temporary political signs erected on private or public property
during periods of national, state and local elections, provided that they be removed within ten
(10) days after the election. (Temporary political signs are exempt from the sign permit
requirements.)
G. Temporary Auction Signs. Temporary auction signs no greater than twenty-five (25) inches
by thirty-two (32) inches may be placed on private property with written permission from the
owner. The signs may be placed five (5) days before an auction and must be removed
immediately after said auction. This written permission must be presented to the inspections
department to obtain a sign permit at a cost of five dollars ($5.00).
Section 10.5 Setback Requirements.
Temporary, identification and principal use signs which require a permit shall be set back at least ten
(10) feet from any property line.
Signs which do not require a permit shall be located entirely within the property lines, and situated so
that no traffic hazards are created.
Section 10.6 Administration, Filing Procedure and Permits.
1-61

Chapter 2
SUBDIVISION REGULATIONS
Article I. In General
Section 1.1 Title
This ordinance shall be known and may be cited as the Subdivision Regulations of the
Town of Oak Island, North Carolina, and may be referred to as the Subdivision
Regulations.
Section 1.2 Purpose and Authority
This ordinance is hereby adopted under the authority and provisions of the General
Statutes of North Carolina, Chapter 160A, Article 19, Part 2. The purpose of the
ordinance is to establish procedures and standards for the development and subdivision
of land within the territorial jurisdiction of the Town of Oak Island. It is further designed
to provide for the orderly growth and development of the Town; for the coordination of
streets and highways within proposed subdivisions with existing or planned streets and
highways and with other public facilities; for the dedication or reservation of recreation
areas serving residents of the immediate neighborhood within the subdivision; and
rights -of -way or easements for street and utility purposes; and for the distribution of
population and traffic in a manner that will avoid congestion and overcrowding and will
create conditions essential to public health, safety, and the general welfare. This
ordinance is designed to further facilitate adequate provision of water, sewerage, parks,
schools, and playgrounds, and also to facilitate the further re -subdivision of larger tracts
into smaller parcels of land.
Section 1.3 Jurisdiction
The regulations contained herein, as provided in GS 160A, Article 19 shall govern each
and every subdivision within the Town of Oak Island and its extraterritorial jurisdiction as
shown on the official extraterritorial boundary map. After the effective date of this
ordinance, each individual subdivision plat of land within the Town's jurisdiction shall be
approved by the Oak Island Planning Board or the Town Council on the
recommendation of the Planning Board. .
Section 1.4 Plat submission and approval required prior to subdividing
No person, firm or corporation owning or having interest in land located within the
subdivision jurisdiction of the Town of Oak Island shall cause that land, directly or
indirectly, to be divided into a subdivision as defined herein without initially preparing
and presenting a plat of the subdivision to the Town for approval in compliance with the
regulations contained herein and until recordation of the approved plat within the Office
of the Brunswick County Register of Deeds.
2-1

Section 1.5 Compliance with official plans and policies
All subdivisions shall comply with the principles, goals and/or objectives for the Oak
Island Land Use Plan and all other officially adopted plans and policies of the Town of
Oak Island then in effect. Such plans and policies include but are not limited to: The
Thoroughfare Plan, the management plan for the Point, the vegetation preservation
plan, the stormwater management plan, the Second Bridge Corridor Plan, and those
adopted hereafter.
Section 1.6 No service until full compliance
No water system, drainage system, sanitary sewer collection system, street or other
public right-of-way shall be accepted in accordance with section 3.1 (b) or be
maintained by the Town of Oak Island, nor shall any permit be issued nor any service
fee accepted, except as provided in section 3.3-3, by an administrative agent or
department of the Town for the construction of any building requiring a permit or fee,
upon any land concerning which a final plat is required to be approved, unless and until
there is full compliance with the requirements set forth in this ordinance.
Section 1.7 Designation of approval authority for subdivision plats
(a) The Planning Board is hereby designated a planning agency pursuant to that
authority granted by G.S. 160A-361, as amended, for the purpose of giving final
approval to plats for minor subdivisions, for approval of preliminary plats for major
subdivisions, and for reviewing and making recommendations on final plats submitted
for major subdivisions.
(b) The Town Council is hereby designated as a planning agency pursuant to
G.S. 160A-361 for the purpose of giving approval to final plats for major subdivisions.
Section 1.8 Penalties for Violation
(a) After the effective date of this ordinance, any person, who being the owner or
agent of the owner of any land located within the territorial jurisdiction of this ordinance
thereafter subdivides his land in violation of this ordinance or transfers or sells land by
reference to, exhibition of, or any other use of a plat showing a subdivision of the land
before the plat has been properly approved under the terms of this ordinance and
recorded in the Office of the Brunswick County Register of Deeds, shall be guilty of a
misdemeanor. The description by metes and bounds in the instrument of transfer or
other document used in the process of selling or transferring land shall not exempt the
transaction from this penalty. The Town through its attorney or other official designated
by the Town Council may enjoin illegal subdivision, transfer or sale of land by action of
injunction.
(b) The violation of any provision of this ordinance shall subject the offender to a civil
penalty up to a maximum of $500.00 to be recovered by the Town. Violators shall be
issued a written citation that must be paid within ten (10) days.
2-2

(c) Each day's continuing violation of this ordinance shall be a separate and distinct
offense.
(d) Notwithstanding subsections1.8(a) — (c) above, this ordinance may be enforced
by appropriate equitable remedies issuing from a court of competent jurisdiction.
(e) Nothing in this section shall be construed to limit the use of remedies available to
the Town. The Town may seek to enforce this ordinance by using any one, all, or a
combination of remedies.
Section 1.9 Variances
Where, because of severe topographical or other conditions peculiar to the site, strict
adherence to the provisions of this ordinance would cause an unnecessary hardship,
the Town Council, upon the recommendations of the Planning Board, may authorize a
variance to the terms of this ordinance only to the extent that it is absolutely necessary
and not to an extent which would violate the intent of this ordinance. In granting any
variance, the Town Council shall make the findings required below, taking into account
the nature of the proposed subdivision, the existing use of land in the vicinity, the
number of persons to reside or work in the proposed subdivision and the effect of the
proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted
unless the Town Council finds:
(a) That there are special circumstances or conditions affecting said property such
that the strict application of the provisions of this ordinance would deprive the applicant
of the reasonable use of land; and
(b) That the variance is necessary for the preservation and enjoyment of a
substantial property right of the petitioner; and
(c) That the circumstances giving rise to the need for the variance are peculiar to the
parcel and are not generally characteristic of other parcels in the jurisdiction of this
ordinance; and
(d) That the granting of the variance will not be detrimental to the public health,
safety and welfare or injurious to other property in the territory in which said property is
situated.
Section 1.10 Amendments
The Oak Island Town Council may from time -to -time amend the terms of this Ordinance
(but no amendment shall become effective unless it shall have been proposed by or
shall have been submitted to the Planning Board for review and recommendation. The
Planning Board shall have thirty (30) days from the time the proposed amendment is
submitted to it within which to submit its report. If the Planning Board fails to submit a
report within the specified time, it shall be deemed to have recommended approval of
the amendment. No amendment shall be adopted by the Town Council until they have
2-3

held a public hearing on the amendment. Notice of the hearing shall be published in a
newspaper of general circulation in the Oak Island area at least once a week for two (2)
successive calendar weeks prior to the hearing the initial notice shall appear not more
than twenty-five (25) nor less than ten (10) days prior to the hearing date. In computing
the ten (10) - twenty-five (25) day period, the date of publication is not to be counted,
but the date of the hearing is.
Section 1.11 Separability
Should any section or provision of this ordinance be decided by a court of competent
jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of
the ordinance as a whole or any part thereof other than the part so declared to be
unconstitutional or invalid.
Section 1.12Abrogation
It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with any
existing easements, covenants, deed restrictions, agreements, rules, regulations, or
permits previously adopted or issued pursuant to law. However, where this ordinance
imposes greater restrictions, the provisions of this ordinance shall govern.
Section 1.13 Reenactment and Repeal of Existing Subdivision Ordinance
This ordinance in part carries forward by reenactment some of the provisions of the
subdivision ordinances of the Town of Long Beach and the Town of Yaupon Beach, and
it is not the intention to repeal but rather to reenact and continue in force such existing
provisions so that all rights and liabilities that have accrued thereunder are preserved
and may be enforced. All provisions of the subdivision ordinance, which are not
reenacted herein are hereby repealed. All suits at law or in equity and/or all
prosecutions resulting from the violation of any subdivision ordinance heretofore in
effect, which are now pending in any of the courts of this state or of the United States,
shall be prosecuted to their finality the same as if this ordinance had not been adopted;
and any and all violations of the existing ordinance, prosecutions for which have not yet
been instituted, may be hereafter filed and prosecuted; and nothing in this ordinance
shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now
pending and/or which may heretofore have been instituted or prosecuted.
Section 1.14 Duty of the Register of Deeds
The Register of Deeds shall not file or record a plat of a subdivision of land located
within the territorial jurisdiction of the Town that has not been approved in accordance
with these provisions, nor shall the Clerk of Superior Court order or direct the recording
of a plat if the recording would be in conflict with this section.
Section 1.15Administrator
2-4

The holder of the Office of Director of Development Services is hereby appointed to
serve as Subdivision Administrator. The administrator may delegate duties for the
effective implementation of this ordinance.
Article II Definitions and Word Interpretations
Section 2.1 Subdivision Defined (GS 160A-376)
For the purposes of this ordinance, "subdivision" means all divisions of a tract or parcel
of land into two or more lots, building sites, or other divisions for the purpose of sale or
building development (whether immediate or future) and shall include all divisions of
land involving the dedication of a new street or change in existing streets; but the
following shall not be included within this definition nor be subject to any regulations
enacted pursuant to this ordinance.
a. The combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the
resultant lots are equal to or exceed the standards of the municipality as
shown in this ordinance.
b. The division of land into parcels greater than ten (10) acres where no
street right-of-way dedication is involved.
C. The public acquisition by purchase of strips of land for the widening or
opening of streets, and
d. The division of a tract in single ownership whose entire area is no greater
than two (2) acres into not more than three (3) lots, where no street right-
of-way dedication is involved and where the resultant lots are equal to or
exceed the standards of the municipality as shown in this ordinance.
A minor subdivision is defined as one involving no new private or public streets, or
right-of-way definitions, no easements, no utility extension, and where the tract to be
subdivided is less than three (3) acres in size and where six (6) or fewer lots result after
subdivision. The minimum lot width is determined by the zoning district in which the lot
is located but in no case shall be less than sixty (60) feet.
Section 2.2 Other Definitions
1. Block
A piece of land bounded on one or more sides by streets or roads.
2. Buffer Strip
A solid fence, wall, street, or a planted strip at least five (5) feet in width composed of
deciduous and/or evergreen trees spaced not more than then (10) feet apart, and not
less than one (1) row of dense shrubs spaced not more than five (5) feet apart, which
shall be established and maintained in perpetuity by the owner of the property whenever
2-5

required under the terms and provisions of this ordinance.
3. Building Setback Line
A line parallel to the front property line in front of which no structure shall be erected.
Setbacks shall be figured from the right-of-way line.
4. Dedication
A gift, by the owner, or a right to use of land for a specified purpose or purposes.
Because a transfer of property rights is entailed, dedication must be made by written
instrument, and is completed with an acceptance.
5. Easement
A grant by the property owner of a strip of land for a specified purpose and use by the
public, a corporation or persons.
6. Half Street
A street whose centerline coincides with a subdivision plat boundary, with one-half (Y2)
the street right-of-way width being contained within the subdivision plat. Also, any
existing street to which the parcel of land to be subdivided abuts on only one side.
7. Lot
A portion of a subdivision, or any other parcel of land, intended as a unit of transfer of
ownership or for development or both.
8. Lot of Record
A lot which is part of a subdivision, a plat of which has been recorded in the Office of the
Register of Deeds of Brunswick County prior to the adoption of this ordinance, or a lot
described by metes and bounds, the description of which has been so recorded prior to
the adoption of this ordinance.
9. Corner Lot
A lot located at the intersection of two or more streets. A lot abutting on a curved street
or streets shall be considered a corner lot if straight lines drawn from the foremost
points of the side lot lines to the foremost point of the lot meet at an interior angle of less
than one hundred thirty-five (135) degrees.
10. Double Frontage Lot
A continuous (through) lot which is accessible from both streets upon which it fronts.
11. Interior Lot
A lot other than a corner lot with only one frontage on a street.
12. Through Lot or a "Double Frontage Lot"
A lot other than a corner lot with frontage on more than one street. Through lots abutting
two streets may be referred to as double frontage lots.
2-6

13. Reversed Frontage Lot
A lot on which the frontage is at right angles or approximately right angles (interior
angles less than one hundred thirty-five (135) degrees) to the general pattern in the
area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot.
14. Single Tier Lot
A lot which backs upon a limited access highway, a railroad, a physical barrier, or
another type of land use and to which access from the rear is usually prohibited.
15. Official Maps or Plans
Any maps or plans officially adopted by the Oak Island Town Council.
16.Open Space
An area (land) generally lacking in man-made structures and reserved for enjoyment in
its unaltered state.
17. Planned Unit Development (PUD)
The planned unit development is a permitted use designed to provide for developments
incorporating a single type or a variety of residential and related uses which are planned
and developed as a unit.
18. Plat
A map or plan of a parcel of land which is to be, or has been subdivided.
19. Private Driveway
A roadway serving two (2) or fewer lots, building sites or other division of land not
intended to be public ingress or egress.
20. Private Street
An undedicated private right-of-way which affords access to abutting properties and
requires a subdivision streets disclosure statement in accordance with GS 136-102.6.
21. Public Sewage Disposal System
A system serving two (2) or more dwelling units and approved by the Brunswick County
Health Department or the North Carolina Department of Environment and Natural
Resources.
22. Recreation Area or Park
An area of land or combination of land and water resources that is developed for active
and/or passive recreation pursuits with various man-made features that accommodate
such activities.
23. Reservation
A reservation of land does not involve any transfer of property rights. It simply
constitutes an obligation to keep property free from development for a stated period of
time.
2-7

24. Street
A dedicated and accepted public right-of-way for vehicular traffic (or a private road only
if permitted by this ordinance). The following classifications shall apply:
a. Arterial street
A traffic artery designed primarily to carry heavy volumes of traffic at high speeds
with access only from another street and not from abutting properties. May
include major thoroughfares and may be designed as divided multilane roadways
or parkways.
b. Major street
A traffic artery designed primarily to carry heavy volumes of traffic at high speeds
with access only from another street and/or abutting properties.
c. Collector street
A street that carries traffic from local streets to systems, of major streets.
c.(1) Residential collector street
A collector street that serves as a connector street between local residential
streets and the thoroughfare system. Residential collector streets typically collect
traffic from 100 to 400 dwelling units.
d. Local Street
A local street is any link not part of a higher -order urban system which serves
primarily to provide direct access to abutting land and access to higher systems.
d.(1) Local Residential Street
Cul-de-sacs, loop streets less than 2,500 feet in length, or streets less than one
mile in length that do not connect thoroughfares, or serve major traffic
generators, and do not collect traffic from more than 100 dwelling units.
e. Cul-de-sac
A short street having but one end open to traffic and the other end being
permanently terminated and a vehicular turnaround provided.
f. Alley
A strip of land, owned publicly or privately, set aside primarily for vehicular
service access to the back or side of properties otherwise abutting on a street.
25. Subdivider
A person, firm, or corporation who subdivides or develops any land deemed to be a
subdivision as defined herein.
a-s

Section 2.3 Word Interpretations
For the purpose of this ordinance, certain words shall be interpreted as follows:
Words used in the present tense include the future tense.
Words used in the singular number include the plural and words used in the plural
number include the singular, unless the natural construction of the wording indicates
otherwise.
The word "person" includes a firm, association, corporation, trust, and company as well
as an individual.
The word "used for" shall include the meaning "designed for".
The word "structure" shall include the word "building".
The word "lot" shall include the words "plot", "parcel", or "tract".
The word "shall" is always mandatory and not merely directory.
Article III Procedure for Review and Approval of Subdivision Plats
Section 3.1 General Provisions
A. Procedures for Review of Major and Minor Subdivisions
This ordinance applies to all divisions of a tract or parcel of land defined to be a
"subdivision" under Section 2.1. The exceptions listed under Section 2.1, should be
noted. All subdivisions shall be considered major subdivisions except those defined as
minor subdivisions in Section 2.1. Major subdivisions shall be reviewed in accordance
with the procedures in Section 3.3. Minor subdivisions shall be reviewed in accordance
with the provisions in Section 3.2.
However, if the subdivider owns, leases, holds an option on, or holds any legal or
equitable interest in any property adjacent to or located directly across a street,
easement, road or right-of-way from the property to be subdivided, the subdivision shall
not qualify under the abbreviated procedure. Furthermore, the abbreviated procedure
may not be used a second time within three (3) years on any property less than fifteen
hundred (1500) feet from the original property boundaries by anyone who owned, had
an option on, or any legal interest in the original subdivision at the time the subdivision
received preliminary or final plat approval.
After the effective date of this ordinance, no subdivision plat of land within the Town's
2-9

jurisdiction shall be filed or recorded until it has been submitted to and approved by the
Planning Board or the Town Council as set forth in this article..
B. Effect of Plat Approval on Dedications
Pursuant to GS 160A-375, the approval of a plat shall not be deemed to constitute or
affect the acceptance by the municipality or public of the dedication of any street or
other ground, public utility line, or other public facility shown on the plat. However, the
Oak Island Town Council may by resolution accept any dedication made to the public of
lands or facilities for streets, parks, public utility lines, or other public purposes, when
the lands or facilities are located within its subdivision regulation jurisdiction.
Acceptance of dedication of lands or facilities located within the subdivision regulation
jurisdiction but outside the corporate limits of the municipality shall not place on the
Town any duty to open, operate, repair or maintain any street, utility line, or other land
or facility, and the municipality shall in no event be held to answer any civil action or
proceeding for failure to open, repair or maintain any street located outside its corporate
limits.
Section 3.2 Procedure for Review of Minor Subdivisions
A. Planning Board Approval of Minor Subdivisions
The Planning Board shall approve or disapprove minor subdivisions in accordance with
the provisions of this section.
B. Submission of Sketch Plan for Minor Subdivisions
The applicant for minor subdivision plat approval, before complying with Subsection (c),
shall submit a sketch plan of the minor subdivision to the Subdivision Administrator for a
determination of whether the process authorized by this section can be utilized. The
Subdivision Administrator may require the applicant to submit whatever information is
necessary to make this determination, including, but not limited to, the following:
(1) Location of the property to be subdivided on a recent topographic map or tax
parcel map;
(2) Land uses on the boundary of the property;
(3) Proposed land use for property to be subdivided;
(4) Total acreage in the tract;
(5) Number of lots proposed; and
(6) Location of public streets and utilities
C. Submission of Final Plat for Minor Subdivisions
After the Subdivision Administrator determines that the proposed subdivision complies
with the minor subdivision approval process, the applicant for minor subdivision plat
approval shall submit to the Subdivision Administrator seven (7) copies of a final plat of
2-10

the proposed subdivision. Two (2) of these copies shall be on reproducible material;
five (5) copies shall be black or blue line paper prints. Material and drawing medium for
the original shall be in accordance with the Standards of Practice for Land Surveying in
North Carolina, where applicable, and the requirements of the Brunswick County
Register of Deeds.
The plat shall be submitted to the Subdivision Administrator at least fifteen (15) days
prior to the Planning Board meeting at which it will be reviewed. The Planning Board
shall review the plat for general compliance with the requirements of this ordinance and
the zoning ordinance; the Planning Board shall advise the subdivider or his authorized
agent of the regulations pertaining to the proposed subdivision and the procedures to be
followed in the preparation and submission of the final plat.
Submission of the final plat shall be accompanied by a filing fee as established by the,
Oak Island Town Council
The Planning Board may approve the final plat, approve the plat with conditions that
must be satisfied before recording, or disapprove the plat. If the plat is disapproved, the
applicant may resubmit a modified version of the plat. The resubmitted plat shall follow
the review process for minor subdivisions.
If the Planning Board approves the final plat, such approval shall be shown on each
copy of the plat by signature of the Town Clerk.
The subdivider shall file the approved final plat with the Register of Deeds of Brunswick
County within ninety (90) days of the Planning Board or Town Council approval and
submit evidence thereof to the Town Clerk; otherwise such approval shall be null and
void.
D. Final Plat Requirements for Minor Subdivisions
The final plat shall contain the information specified in Section 5.3.
The final plat shall be prepared by a Professional Land Surveyor or Professional
Engineer currently licensed and registered in the State of North Carolina by the North
Carolina Board of Examiners For Engineers and Surveyors. The final plat shall conform
to the provisions for plats, subdivisions, and mapping requirements set forth in GS 47-
30 and the Standards of Practice for Land Surveying in North Carolina.
The final plat shall be of a size suitable for recording with the Brunswick County
Register of Deeds and shall be at a scale not less than one (1) inch equals two hundred
(200) feet. Maps may be placed on more than one sheet with appropriate match lines.
If the final plat is approved by the Planning Board, one (1) reproducible copy and one
(1) print of the plat shall be retained by the subdivider. One (1) reproducible copy and
one (1) print shall be filed with the Town Clerk, and one (1) print shall be filed with the
2-11

Planning Board for its records.
E. Required Health Department Statement
If the lots in the proposed subdivision are not to be served with municipal sewer service,
prior to consideration by the Town Council, a site/soil evaluation shall be made by the
Brunswick County Environmental Health Section on each lot depicted on the subdivision
plat. A copy of each permit issued by an authorized representative of the Brunswick
County Health Department, Environmental Health Section for on site sewage disposal
systems for each approved lot shall be transmitted to the Subdivision Administrator at
the time of final plat submittal.
No lot shall be depicted or platted for residential use, unless a permit so authorizing the
installation of an on site sewage disposal system has been issued.
Section 3.3 Procedure for Approval of Major Subdivisions
3.3-1 Step One Sketch Plan Review
An applicant for major subdivision approval may submit a simple sketch of the proposed
subdivision to the Planning Board for review and comment prior to preparation of the
required preliminary plat. The sketch plan should show the approximate size of the
subdivision, the number of lots, the tentative street layout, drainage, and utilities. The
sketch plan should be submitted to the Subdivision Administrator at least fifteen (15)
prior to the Planning Board meeting at which it will be reviewed.
The purpose of sketch plan review is early identification of any proposed improvements,
lot sizes and layouts, and other factors that may not meet the requirements of the
Town's ordinances and regulations. The suggested contents for the sketch plan are
provided in Article V, Section 5.1.
3.3-2 Step Two —Preliminary Plat Submission and Review
For every subdivision within the territorial jurisdiction established by Section 1.3, of this
ordinance, which does not qualify for the Minor Subdivision Review Procedure, the
subdivider shall submit a preliminary plat that shall be approved by the Planning Board
before any construction or installation of improvements may begin.
Ten (10) copies of the preliminary plat shall be submitted to the Subdivision
Administrator at least twenty (20) days prior to the Planning Board meeting at which the
subdivider desires the Planning Board to review the preliminary plat.
Preliminary plats shall meet the specifications in Section 5.2.
2-12

(a) Review by Other Agencies
Concurrent with submission of the preliminary plat to the Subdivision Administrator, the
subdivider shall submit copies of the preliminary plat and any accompanying material to
other offices and agencies concerned with new development to invite their comments,
copies of which shall be submitted to the town. The Subdivision Administrator will
advise the subdivider concerning which agencies are applicable for a given plat. These
may include but shall not be limited to:
a. Brunswick County Board of Education
b. Brunswick County Tax Office
c. Brunswick Electric Membership
d. Brunswick County EMS
e. NC Department of Transportation
f. NC Department of Environment and Natural Resources
g. US Army Corps of Engineers
h. Telephone company
i. Other agencies or individuals as deemed necessary by the Subdivision
Administrator.
(b) Review by Town Departments
The Subdivision Administrator shall submit all subdivision plats received to applicable
Town departments for review and comment. Town departments shall be charged with
evaluating the technical aspect of subdivision design and the general adequacy of
subdivision and development proposals presented to the Town of Oak Island.
The Subdivision Administrator shall report the comments of the Town departments to
the Planning Board, either in writing or orally, at the meeting in which the subdivision is
reviewed.
(c) Planning Board Review Procedure
The Planning Board shall review the preliminary plat at or before its next regularly
scheduled meeting which follows at least twenty (20) days after the Subdivision
Administrator receives the preliminary plat and the comments from the appropriate
agencies.
The Planning Board shall approve, conditionally approve with recommended changes to
bring the plat into compliance, or disapprove the preliminary plat within seventy-five (75)
days of its first consideration of the plat. This time period may be extended with the
written consent of the subdivider.
If the Planning Board approves the preliminary plat, one (1) print of the plat shall be
retained by the subdivider. One (1) reproducible copy and one (1) print shall be filed
with the Town Clerk, one (1) print shall be transmitted to the Town Council, and one (1)
2-13

print shall be retained by the Planning Board for its records.
If the Planning Board conditionally approves the preliminary plat it shall keep one (1)
copy of the plat for its minutes, transmit two (2) copies of the plat to the Town Council,
and return one (1) copy of the plat and its recommendation to the subdivider.
If the preliminary plat is disapproved, the subdivider may make the recommended
changes and submit a revised preliminary plat, or appeal the decision to the Town
Council.
If the Planning Board does not make a written recommendation within seventy-five (75)
days after its first consideration of the plat, the subdivider may apply to the Town
Council for approval or disapproval. The Town Council's consideration of the
preliminary plat shall be consistent with the requirements of this section.
(d) Environmental Impact Statement
Pursuant to G.S. Chapter 133 or 133A, the Planning Board may require the subdivider
to submit an environmental impact statement with the preliminary plat if:
1. The development exceeds two (2) acres in area; and
2. The Planning Board deems it necessary due to the nature of the land to
be subdivided, or the peculiarities of the proposed layout.
3.3-3 . Step Three —Installation of Improvements
Approval of the preliminary plat by either the Planning Board or the Town Council
authorizes the subdivider to apply for the necessary permits and approvals to install the
required improvements. After receipt of all necessary permits and approvals, the
subdivider is authorized to install the improvements required on the preliminary plat.
Prior to approval of a final plat, the subdivider shall have installed the improvements
specified in this ordinance or guaranteed their installation as provided herein. No final
plat will be accepted for review by the Planning Board or the Town Council unless
accompanied by written notice by the Subdivision Administrator acknowledging
compliance with the improvement and guarantee standards of this ordinance. The final
plat shall constitute only that portion of the preliminary plat that the subdivider proposes
to record and develop at that time; such portion shall conform to all requirements of this
ordinance.
A. Improvements Guarantees. In lieu of requiring the completion, installation and
dedication of all improvements prior to final plat approval the Town of Oak Island
and the subdivider may enter into an agreement the subdivider shall agree to
complete all required improvements. Once said agreement is signed by both parties
and the security herein is provided, the final plat may be approved by the Town
2-14

Council, if all other requirements of this ordinance are met. To secure this
agreement, the subdivider shall provide, subject to the approval of the Town Council
either one or a combination of the following guarantees not exceeding 1.25 times the
entire cost as provided herein:
(1) Surety Performance Bond(s). The subdivider shall obtain a performance bond(s)
from a surety bonding company authorized to do business in North Carolina. The
bonds shall be payable to the Town of Oak Island and shall be in an amount
equal to 1.25 times the entire cost, as estimated by a Professional Engineer, and
approved by the Town Council, of installing all required improvements. The
duration of the bond(s) shall be until such time as the improvements are
accepted by the Town Council
(2) Cash or Equivalent Security. The subdivider shall deposit cash, an irrevocable
letter of credit or other instrument readily convertible into cash at face value,
either with the Town or in escrow with a financial institution designated as an
official depository of the Town. The use of any instrument other than cash shall
be subject to the approval of the Town Council. The amount of deposit shall be
equal to 1.25 times the cost, as estimated by a Professional Engineer, and
approved by the Town Council, of installing all required improvements.
(3) If cash or other instrument is deposited in escrow with a financial institution as
provided above, then the subdivider shall file with the Town Council an
agreement between the financial institution and himself guaranteeing the
following:
(a) That said escrow account shall be held in trust until
released by the Town Council and may not be used or
pledged by the subdivider in any other matter during
the term of the escrow; and
(b) That in the case of a failure on the part of the
subdivider to complete said improvements, the
financial institution shall, upon notification by the
Town Council and submission by the Town Council to
the financial institution of an engineer's estimate of
the amount needed to complete the improvements,
immediately either pay to the Town the funds
estimated to complete the improvement, up to the full
balance of the escrow account, or deliver to the Town
any other instruments fully endorsed or otherwise
made payable in full to the Town.
B. Default. Upon default, meaning failure on the part of the subdivider to complete the
required improvements in a timely manner as spelled out in the performance bond or
escrow agreement, then the surety, or the financial institution holding the escrow
2-15

account shall, if requested by the Town Council pay all or any portion of the bond or
escrow fund to the Town of Oak Island up to the amount needed to complete the
improvements based on an engineering estimate. Upon payment, the Town
Council, in its discretion, may expend such portion of said funds as it deems
necessary to complete all or any portion of the required improvements. The Town
shall return to the subdivider any funds not spent in completing the improvements.
C. Release of Guarantee Security. The Town Council may release a portion of any
security posted as the improvements are completed and recommended for approval
by the Subdivision Administrator. Within forty-five (45) days after receiving the
Subdivision Administrator's recommendation, the Town Council shall approve said
improvements. If the Town Council approves said improvements, then it shall
immediately release any security posted.
D. Defects Guarantee. The developer shall present written evidence satisfactory to the
Subdivision Administrator that the developer guarantees all improvements for a
period of eighteen (18) months from the date of acceptance of construction and/or
installation.
3.3-4 Step Four —Preparation and Submission of Final Plat
Upon completion of the installation of required improvements, the subdivider shall
submit the final plat, so marked, to the Subdivision Administrator not less than twenty
(20) days prior to the Planning Board's meeting at which it will be reviewed. Prior to
approval of the final plat, the subdivider shall have installed the improvements specified
in this ordinance and any additional improvements shown on the approved preliminary
plat, or guaranteed the installation of these improvements as provided herein.
Further, the final plat for the first stage of the subdivision shall be submitted not more
than twelve (12) months after the date on which the preliminary plat was approved.
Otherwise such approval shall be null and void, unless a written extension of this limit is
granted by the Town Council on or before the twelve (12) month anniversary of the
approval.
The final plat shall be prepared by a Professional Land Surveyor or Professional
Engineer currently licensed and registered in the State of North Carolina by the North
Carolina Board of Examiners for Engineers and Surveyors. The final plat shall conform
to the provisions for plats, subdivisions, and mapping requirements set forth in GS 47-
30 and the Standards of Practice for Land Surveying in North Carolina.
Seven (7) copies of the final plat shall be submitted; two (2) of these shall be on
reproducible material; five (5) shall be black or blue line paper prints. Material and
drawing medium for the original shall be in accordance with the Standards of Practice
for Land Surveying in North Carolina, where applicable, and the requirements of the
Brunswick County Register of Deeds.
2-16

The final plat.shall be of a size suitable for recording with the Brunswick County
Register of Deeds and shall be at a scale of not less than one (1) inch equals two
hundred (200) feet. Maps may be placed on more than one (1) sheet with appropriate
match lines.
Submission of the final plat shall be accompanied by a filing fee as established by the
Oak Island Town Council
The final plat shall meet the specifications in Section 5.3 of this ordinance.
3.3-5 Step Five —Planning Board and Town Council Review and Approval
(a) Planning Board Review
The Planning Board shall review the final plat at or before its next regularly scheduled
meeting which follows at least thirty (30) days after the Subdivision Administrator
receives the final plat and shall recommend approval, conditional approval with
modifications to bring the plat into compliance or disapproval of the final plat with
reasons within seventy-five (75) days of its first consideration of the plat.
During its review of the final plat the Planning Board may appoint an appropriate
consultant(s) to confirm the accuracy of the final plat (if agreed to by the Town Council).
If substantial errors are found, the costs shall be charged to the subdivider and the plat
shall not be recommended for approval until such errors have been corrected.
The Subdivision Administrator and Town departments shall inspect the improvements
installed in the subdivision to insure that they comply with the standards of the Town or
other agencies. The results of these inspections will be reported to the Planning Board
at or before the meeting in which the final plat is reviewed.
The Planning Board may recommend approval of the final plat, recommend approval of
the plat with conditions that must be satisfied before recording, or disapprove the plat.
(b) Town Council Review
Final plats that are recommended for approval by the Planning Board are forwarded to
the Town Council for final approval. Final plats for which the Planning Board
recommends conditional approval must have these conditions satisfied prior to review
by the Town Council.
If the Town Council approves the final plat, such approval shall be shown on each copy
of the plat by signature of the Town Clerk. One (1) reproducible copy and one (1) print
of the plat shall be retained by the subdivider. One (1) reproducible tracing and one (1)
print shall be filed with the Town Clerk and one (1) print shall be returned to the
Planning Board for its records.
The subdivider shall file the approved final plat with the Register of Deeds of Brunswick
2-17

County within ninety (90) days of the Town Council approval and submit evidence
thereof to the Town Clerk; otherwise such approval shall be null and void.
Section 3.4 Recombination and Re -subdivision of Land
3.4-1 Recombination of Land
A. Any plat or any part of any plat may be vacated by the owner at any time before the
sale of any lot in the subdivision by a written instrument to which a copy of such plat
shall be attached, declaring the same to be vacated.
B. Such an instrument shall be approved by the same agencies as approved the final
plat. The governing body may reject any such instrument which abridges or destroys
any public rights in any of its public uses, improvements, streets or alleys.
C. Such an instrument shall be executed, acknowledged or approved and recorded and
filed in the same manner as a final plat; and being duly recorded or filed shall
operate to destroy the force and effect of the recording of the plat so vacated, and to
divest all public rights in the streets, alleys and public grounds, and all dedications
laid out or described in such plat.
D. When lots have been sold, the plat may be vacated in the manner provided in
subsections 3.4-1 (a) — (c) by all owners of the lots in such plat adjoining in the
execution of such in writing.
3.4-2 Re -subdivision Procedures
For any re -platting or re -subdivision of land, the same procedures, rules and regulations
shall apply as prescribed herein for an original subdivision except that lot sizes may be
varied on an approved plat after recording, provided that:
(1) No lot or tract of land shall be created or sold that is smaller than the size shown
on the approved plat;
(2) No lot shall be created that is smaller in width than the requirements of the
zoning district in which it is located;
(3) Drainage, easements, or rights -of -way shall not be changed;
(4) Street alignment and construction standards, including block sizes, shall not be
changed;
(5) The rear portion of lots shall not be subdivided from the front part; and
(6) The specific residential character of the area shall be maintained.
2-18

Section 3.5 Unified Tract Development
Unified Tract Developments (UTD) shall follow the same procedure for review and
approval as subdivision plats. The design requirements for UTD's are included in the
Oak Island Zoning Ordinance. In addition to the requirements in the zoning ordinance,
the requirements of this ordinance shall be followed, and where conflict between the two
occur, the decision of the Town Council shall be final.
Section 3.6 Homeowner's Association and Common Area(s)
A homeowner's association shall be established for each subdivision containing streets
and/or common areas not maintained by the state, the county, or the town. Once the
subdivision is recorded, the subdivider must provide the book and page number (if
previously recorded) or where the covenants are recorded. The covenants, conditions
and restrictions shall specify lot owner's responsibilities for maintenance of such
facilities, and shall provide for assessments to finance all maintenance activities. Final
plats for such subdivisions will not be approved until the homeowner's association.
documents have been submitted and approved.
All areas on the site plan, other than building sites and public rights -of -way, shall be
shown and designated and common areas, the fee simple title to which shall be
conveyed by the developer to the homeowner's association. All common areas shall be
designated as a single parcel regardless of the proximity of each common area to
one(1) or all of the other common areas, and such areas shall not be subdivided or
conveyed by the homeowner's association. This shall be so stated in the covenants and
restrictions, and shall be noted on the final plat.
Article IV Land Suitability, Required Improvements. and Minimum
Standards of Design
Land that is determined to have significant limitations for development shall not be
subdivided or used except as specified by the provisions of this ordinance. Each
subdivision shall contain the improvements specified in this Article. The required
improvements shall be installed in accordance with the requirements of this ordinance
and paid for by the subdivider, unless other means of financing is specifically stated in
this ordinance. Land shall be dedicated and reserved in each subdivision as specified in
this section. Each subdivision shall adhere to the minimum standards of design
established by this section.
Section 4.1 Suitability of Land
A. Land which has been determined by the Town Council on the basis of engineering
or other expert surveys to pose an ascertainable danger to life or property by reason
of its unsuitability for the use proposed shall not be platted for that purpose, unless
and until the subdivider has taken the necessary measures to correct said conditions
and to eliminate said dangers.
2-19

B. Areas that have been used for disposal for solid waste shall not be subdivided
unless tests by the Solid and Hazardous Waste Management Branch of the North
Carolina Department of Human Resources, a structural engineer and a soils expert
determine that the land is suitable for the purpose proposed.
C. All subdivision proposals shall be consistent with the need to minimize flood damage
and shall conform with the Oak Island and/or Brunswick County Flood Damage
Prevention Ordinance.
D. All lots, structures and utilities shall comply with any applicable areas of
environmental concern (AEC) standards, as amended, in accordance with the state
guidelines for AECs (15 NCAC 7H) pursuant to the Coastal Area Management Act of
1974.
E. Applicants for subdivisions adjoining public trust waters and other publicly owned
water bodies are to provide for public access to the water.
F. Minimum residential lot size and setback requirements shall be as specified in the
zoning ordinance except that lots with public water and no public sewer shall not be
less than 15,000 square feet and lots with no public water or public sewer shall not
be less than 20,000 square feet.
Section 4.2 Required Improvements
Each subdivision shall contain the improvements specified in this Section, which shall
be installed in accordance with the requirements of this ordinance and paid for by the
subdivider, unless other means of financing is specifically stated in this ordinance. Land
shall be dedicated and reserved in each subdivision as specified in this section. Each
subdivision shall adhere to the minimum standards of design established by this
section.
Section 4.3 Name Duplication
The name of the subdivision shall not duplicate nor closely approximate the name of an
existing subdivision within Brunswick County.
Section 4.4 Subdivision Design
4.4-1 Block Design
A. The lengths, widths, and shapes of blocks shall be determined with due regard to:
provision of adequate building sites suitable to the special needs of the type of use
contemplated; zoning requirements; needs for vehicular and pedestrian circulation;
control and safety of street traffic; limitations and opportunities of topography; and
convenient access to water areas.
a-20

B. Blocks shall not be less than four hundred (400) feet or more than twelve hundred
(1200) feet. In blocks over 800 feet in length, the Planning Board may require
pedestrian crosswalks, not less than ten (10) feet in width, extending entirely across
the block at one or more locations. Crosswalks are intended to permit easy
pedestrian access within the subdivision and to permit convenient public access to a
park, a public trust waters, or an adjacent shopping area.
C. Blocks shall have sufficient width to allow two (2) tiers of lots of minimum depth
except where single tier lots are required to separate residential development from
through vehicular traffic or another type of use, in nonresidential subdivisions, or
where abutting a water area.
D. Block numbers shall conform to the Town street numbering system, if applicable.
4.4-2 Lot Design
All lots in new subdivisions shall conform to the zoning requirements of the district in
which the subdivision is located. Conformance to zoning requirements means, among
other things, that the smallest lot in the subdivision must meet all dimensional
requirements of the zoning ordinance. It is not sufficient merely for the average lot to
meet zoning requirements and the requirements of this ordinance.
4.4-3 Easements
Easements shall be provided as follows:
Utility Easements. Easements for underground utilities shall be provided, where
necessary, across lots or centered on rear or side lot lines and shall be at least twenty
(20) feet wide for water and sanitary sewer lines and as required by the companies
involved, for telephone (telecommunications), gas or power lines. The Town Council will
determine whether one (1) easement is sufficient or whether several easements are
necessary to accommodate the various facilities and the subdivider shall provide the
required easements.
Drainage Easements. Where a subdivision is traversed by a watercourse or
drainageway, either natural or manmade, an easement shall be indicated on all plats of
the subdivision. Said easement shall conform substantially with the lines of the
watercourses or drainageways and shall be of sufficient width as determined by the
Planning Board. The Planning Board, at its discretion, may require the subdivider to
convey easements to the Town providing access to and along watercourses or
drainageways traversing the subdivision for the purpose of maintaining such
watercourses or drainageways.
2-21

4.5 Streets
(a) Type of Street Required
All subdivision lots shall abut on a public street. Subdividers are required to provide
street rights -of -way, street pavement widths, and street cross sections to adequately
serve the lots in the proposed subdivision. The streets shall be consistent with the
following design principles:
(1) The street system shall discourage generation of excessive through traffic in the
subdivision;
(2) Rights -of -way and pavement widths shall be determined by the traffic carried by
the street;
(3) Access to adjoining property shall be considered in planning for the street
system;
(4) Collector streets, local streets, and cul-de-sacs shall be provided with sidewalks;
and
(5) Where cul-de-sacs are used, they shall be as short as feasible.
All streets within the corporate limits of Oak Island shall be dedicated to the Town of
Oak Island; all streets in the Town's extra territorial jurisdiction shall be dedicated to the
State of North Carolina. All public streets shall be built to the standards of the North
Carolina Department of Transportation. Public streets not dedicated to the Town which
are not eligible for acceptance into the State Highway System because there are too
few lots or residences shall, nevertheless, be dedicated to the public and shall be built
in accordance with the standards necessary to be put on the State Highway System. A
written maintenance agreement with the provisions for maintenance of the street until it
is put on the State System shall be included with the final plat.
The Planning Board shall consider required installation of either bike paths, bike lanes,
or shared roadway facilities for bikes in the subdivision where there are transportation
and/or recreational benefits from such installation.
In its review of sidewalks and bikeways, the Planning Board shall consider possible
connections to the Town's existing sidewalk and bikeway systems.
(b) Subdivision Street Disclosure Statement
All streets shown on the final plat shall be designated in accordance with GS 136-102.6
and designated as public shall be conclusively presumed an offer of dedication to the
public. Where streets are dedicated to the public but not accepted into the town or State
System, before lots are sold, a statement explaining the status of the street shall be
included with the final plat. Said statement shall explain that the property and/or lot
owners are ultimately responsible for the upkeep and maintenance of all streets until
such time that the streets are included in the state system. This statement shall explain
the state residency requirements and petition process and shall run with the legal
documentation for each subdivision.
2-22

(c) Half -Streets
The dedication of half -streets of less than the state requirement at the perimeter of a
new subdivision shall be prohibited. If circumstances render this impracticable,
adequate provision for the concurrent dedication of the remaining half of the street shall
be furnished by the subdivider. Where there exists a half -street in an adjoining
subdivision, the remaining half shall be provided by the proposed subdivision. However,
in circumstances where more than sixty (60) feet of right-of-way is required, a partial
width right-of-way, not less than sixty (60) feet in width, may be dedicated when
adjoining undeveloped property is owned or controlled by the subdivider; provided that
the width of the partial dedication is such as to permit the installation of such facilities as
may be necessary to serve abutting lots. When the adjoining property is subdivided, the
remainder of the full required right-of-way shall be dedicated.
(d) Marginal Access Streets
Where a tract of land to be subdivided adjoins a arterial street, the subdivider may be
required to provide reverse frontage on a minor street for the lots to be developed
adjacent to the arterial. Where reverse frontage is established, private driveways shall
be prevented from having direct access to the principal arterial.
(e) Access to Adjacent Properties
Where, in the opinion of the Planning Board, it is necessary to provide for street access
to an adjoining property, proposed streets shall be extended by dedication to the
boundary of such property and a temporary turnaround provided.
(f) Nonresidential Streets
The subdivider of a nonresidential subdivision shall provide streets in accordance with
North Carolina Department of Transportation standards and the standards in this
ordinance, whichever are stricter in regard to each particular item.
4.5-1 Street Design Standards
The design of all streets and roads within the jurisdiction of this ordinance shall be in
accordance with the accepted policies of the North Carolina Department of
Transportation, Division of Highways' Subdivision Roads Minimum Construction
Standards, and shall apply for any items not included in this ordinance, or where stricter
than this ordinance.
The subdivider will only be required to dedicate a maximum of 100 feet of right-of-way.
In cases where over 100 feet of right-of-way is desired, the subdivider will be required
only to reserve the amount in excess of 100 feet. In all cases in which right-of-way is
sought for an access controlled facility, the subdivider will only be required to make a
2-23

reservation.
a. Right-of-way Widths: Right-of-way widths shall not be less than
required by NC DOT standards for the type of road proposed and shall
apply except in those cases where right-of-way requirements have been
specifically set out in an approved thoroughfare plan.
b. Street Widths: Widths for street and road classifications other than
local shall be as required by NC DOT. Width of local roads and streets
shall be as follows:
1. Local Residential
Curb and gutter section - 26 feet, to face of curb
Shoulder section - 20 feet to edge of pavement, 4 foot shoulders
2. Residential Collector
Curb and gutter section - 34 feet, face to face of curb
Shoulder section - 20 feet to edge of pavement, 6 foot shoulders
C. Intersections:
1. Streets shall be laid out sous to intersect as nearly as possible at
right angles, and no street shall intersect any other street at any
angle less than sixty (60) degrees.
2. Property lines at intersections should be set so that the distance
from the edge of pavement, of the street turnout, to the property
line will be at least as great as the distance from the edge of
pavement to the property line along the intersecting streets. This
property line can be established as a radius or as a sight triangle.
Greater offsets from the edge of pavement to the property lines will
be required, if necessary, to provide sight distance for the vehicle
on the side street.
3. Offset intersections are to be avoided unless exception is granted
by the NC DOT. Intersections which cannot be aligned should be
separated by a minimum length of two hundred (200) feet between
survey center lines.
4. Intersections with arterials, collectors and thoroughfares shall be as
required by the North Carolina Department of Transportation.
d. Cul-de-sacs
2-24

Permanent dead end streets should not exceed five hundred (500) feet in length
unless necessitated by topography or property accessibility and in no case shall
be permitted to be over seven hundred (700) feet in length. Measurement shall
be from the point where the center line of the dead end street intersects with the
center of a through street to the center of the turnaround of the cul-de-sac. The
distance from the edge of the pavement on the vehicular turnaround to the center
of the cul-de-sac shall have a minimum length of fifty (50) feet (e.g. a 50' radius).
Cul-de-sacs may not be used to avoid connection with an existing street or to
avoid the extension of an important street, unless exception is granted by the
Town Council.
In all cases, permanent easements must be granted to the Town of Oak Island
by the subdivider or property owner at locations which would allow the extension
and intersection of the dead-end road with existing dedicated roadways. Such
easements must be at least the size of the existing roadway which would join the
dead-end road at that location.
e. Alleys
1. Alleys shall be required to serve lots used for commercial and
industrial purposes except that this requirement may be waived
where other definite and assured provision is made for service
access. Alleys shall not be provided in residential subdivisions
unless necessitated by unusual circumstances.
2. The width of an alley shall be at least twenty (20) feet.
3. Dead end alleys shall be avoided where possible, but if
unavoidable, shall be provided with adequate turnaround facilities
at the dead end as may be approved by the Town Council.
4. Sharp changes in alignment and grade shall be avoided.
5. All alleys shall be designed in accordance with NC Department of
Transportation Standards.
4.5-2 Other Street Requirements
(a) Through Traffic Discouraged on Residential Collector and Local Streets
Residential collector and local streets shall be laid out in such a way that their
use by through traffic will be discouraged. Streets shall be designed or walkways
dedicated to assure convenient access to parks, playgrounds, schools, or other
places of public assembly.
2-25

(b) Sidewalks
Sidewalks are considered necessary on all streets in both commercial and
residential areas to provide for pedestrian safety. Sidewalks shall be constructed
on both sides of all streets by the subdivider. Such sidewalks shall be
constructed to a minimum width of four (4) feet, and shall consist of a minimum
width of four (4) inches of concrete. All sidewalks shall be placed in the right-of-
way, unless the development is platted as a planned unit or group development.
Sidewalks shall consist of a minimum of six (6) inches of concrete at driveway
crossings or shall be adequately reinforced otherwise.
(c) Street Names
Proposed streets which are obviously in alignment with existing streets shall be
given the same name. In assigning new names, duplication of existing names
shall be avoided and in no case shall the proposed name be phonetically similar
to existing names in the county irrespective of the use of a suffix such as a street,
road, drive, place, court, etc. Street names shall be subject to the approval of the
Town Council.
(d) Street Name Signs
The subdivider shall be required to provide and erect street name signs and stop
signs to town and state standards at all intersections within the subdivision.
(e) . Permits for Connection to State Roads
An approved permit is required for connection to any existing Town or state
system road. This permit is required prior to any construction on the street or
road.
(f) Offsets to Utility Service
Access for utilities should be located clear of roadway shoulders, preferably a
minimum of at least thirty (30) feet from the edge of pavement on arterial
streetsmajor thoroughfares. On streets with curb and gutter, utility access should
be set back a minimum distance of six (6) feet from the face of curb.
(g) Wheelchair Ramps
In accordance with Chapter 136, Article 2A, Section 136-44.14, all street curbs in
North Carolina being constructed or reconstructed for maintenance procedures,
traffic operations, repairs, correction of utilities, or altered for any reason after
September 1, 1973, shall provide wheelchair ramps for the physically
handicapped at all intersections where both curb and gutter and sidewalks are
provided and at other major points of pedestrian flow.
2-26

4.6 Utilities
4.6-1 Water and Sanitary Sewer Systems
Each lot in all subdivisions within the corporate limits of the Town of Oak Island
shall be provided, at the subdivider's expense with an extension of the municipal
water and sanitary sewer systems, where said systems are available to the
subdivision according to current Town policies.
Each subdivision in the extraterritorial area of the Town of Oak Island may be
connected at the subdivider's expense to the municipal water and sanitary sewer
systems if approved by the Town Council.
Water and sanitary sewer lines, connections and equipment shall be in
accordance with the Town standards found in
adopted
(a) On -site waste disposal systems
On -site waste disposal systems are only permitted in subdivisions where the
municipal sanitary sewerage system is not available according to current Town
policies.. Where on -site systems are permitted, the final plat recorded for the
subdivision must contain a notice to lot purchasers that septic tanks must be
abandoned and the property's wastewater system must be connected to the
municipal system when it is available. Connections must be made according to
the Town's policies in effect at the time the connection is made.
Any lots that are not to be served with municipal sewer service shall have a
site/soil evaluation made by the Brunswick County Department of Health,
Environmental Health Section, or other properly certified entity, and a
determination of lot suitability for on -site wastewater disposal. This determination
shall be indicated for each lot shown on the preliminary and the final plat.
(b) Package treatment systems
Where the municipal system is not available according to Town policies, package
wastewater treatment plants, approved by the North Carolina Department of
Environment and Natural Resources, are permitted under the following
conditions:
(i) The owner/operator can demonstrate to the satisfaction of the Town
that the plant is designed and operated in a manner that results in no
degradation of surface water quality;
(ii) The collection system meets the material and installation standards of
the Town;
2-27

(iii) The owner agrees to abandon the treatment plant and connect the
collection system to the municipal system, at his or her expense,
when the municipal system is available according to Town policies.
4.7 Storm Water Drainage System
The subdivider shall install a stormwater management system constructed to the
standards of the Town's Stormwater Ordinance and the Manual of Stormwater
Management Practices. In accordance with GS 143-215.1(d) and NCAC 2H .0200, the
subdivider is required to apply to the NC Department of Environment & Natural
Resources, Division of Water Quality for a stormwater management permit if a CAMA
major development or a Sedimentation/Erosion Control Plan is required.
a. No surface water shall be channeled or directed into a sanitary
sewer.
b. Where feasible, the subdivider shall connect to an existing storm drainage
system.
C. Where an existing storm drainage system cannot feasibly be extended to
the subdivision, a surface drainage system shall be designed to protect
the proposed development from water damage.
d. Surface drainage courses shall have side slopes of at least three (3) feet
of horizontal distance for each one (1) foot of vertical distance, and
courses shall be of sufficient size to accommodate the drainage area
without flooding, and designed to comply with the standards and
specifications for erosion control of the North Carolina Sedimentation
Pollution Control Act, GS 143_34.12, Chapter 113A, Article 4 and the NC
Administrative Code Title 15, Chapter 4.
e. The minimum grade along the bottom of a surface drainage course shall
be a vertical fall of at least one (1) foot in each two hundred (200) feet of
horizontal distance.
f. Streambanks and channels downstream from any land disturbing activity
shall be protected from increased degradation by accelerated erosion
caused by increased velocity of runoff from the land disturbing activity in
accordance with the North Carolina Sedimentation Pollution Control Act,
GS 143-34.12, Chapter 113A, Article 4 and the North Carolina
Administrative Code Title 15, Chapter 4.
g. Anyone constructing a dam or impoundment within the subdivision must
comply with the North Carolina Dam Safety Law of 1967 and the North
Carolina Administrative Code Title 15, Subchapter 2 K.

h. In all areas of special flood hazards, all subdivision proposals shall have
adequate drainage provided to reduce exposure to flood damage.
4.7 Street Lights
All subdivisions in which the size of the smallest lot is less than forty thousand (40,000)
square feet shall have street lights installed. The developer shall contact the
appropriate power company customer service representative and engineer to develop a
street lighting plan in accordance with Town Standards and the Town's Lighting
Ordinance.
4.8 Underground Wiring
All subdivisions shall have underground wiring. The subdivider shall be required to pay
the charges for installation of the underground service.
4.9 Open Space.
When a tract is subdivided for residential purposes, the subdivider shall dedicate a
portion of such land for the purpose of parks, recreation, and/or open space in
accordance with the following requirements.
(a) Area required.
The minimum amount of land to be dedicated shall be one-half (Y2) acre for each
subdivision or fifteen (15%) percent of the gross acreage determined by the following
formula, whichever is greater.
(b) Suitability of land
Criteria for evaluating suitability of proposed recreation, parks and open space areas
shall include but not be limited to the following as determined by the Planning Board, in
consultation with the Oak Island Parks and Recreation Board:
i. Unity: The dedicated land shall be a single parcel except where it is determined
that two (2) or more parcels would be in the public interest. The Planning Board
may require that parcels be connected, and may require the dedication of a
connecting path of up to sixty (60) feet, and in no case less than thirty (30) feet in
width in addition to the land required in subsection a) above.
ii. Location: The dedicated land shall be located so as to serve the recreation
needs of the immediate neighborhood within the subdivision.
iii. Accessibility: Public access to the dedicated land shall be provided either by
an abutting street or public easement. Such easement may be required to be up
to sixty (60) feet in width and shall in no case be less than thirty (30) feet in width.
2-29

iv. Usability: The dedicated land shall be usable for active recreation or passive
recreation. Lakes may not be included in computing amount of land to be
dedicated unless acceptable to the Planning Board. If the Planning Board
determines that active recreation needs are being met by other dedicated parcels
or existing recreation facilities, then land that is suitable for open space may be
dedicated.
v. The Town Council may, in cases of unusual or exceptional nature allow
adjustments in the dedication requirements established in or required by this
ordinance. Such adjustments shall be reviewed by the Planning Board before
action by the Town Council
vi. Conservation and historic preservation easements shall comply with GS
121-34. All facilities and improvements and open spaces which the owner makes
an offer of dedication to public use shall be maintained by the owner until such
offer of dedication is accepted by the appropriate public authority.
(c) Acceptance, Maintenance, Development.
The Town reserves the right to accept, develop, and maintain the dedicated park,
recreation, or open space in accordance with its determination of public needs.
(d) Payments in Lieu of Dedication.
When the area to be provided would be less than one acre, the subdivider may be
required to make a contribution to a park/recreation/open space reserve fund to help
provide recreation or open space for the additional residences being developed. The
contribution shall be equal to the value of the raw land that would be required under the
area requirement formula (if the subdivider and Town cannot agree on the amount, the
amount shall be set by the County tax assessor or a qualified appraiser). Subdividers
who would be required to dedicate at least one acre may make a contribution in lieu of
land dedication with the approval of the Town.
4.10 Buffering
Whenever a residential subdivision is located adjacent to an office, institutional,
commercial or industrial use which does not have a buffer, or property zoned for these
uses, and a buffer is not required between these and the subdivision, the subdivider
shall provide a buffer as defined in this ordinance. The width of the buffer shall be in
addition to the lot area required by the Zoning Ordinance. The buffer shall become part
of the lot on which it is located, or in the case of commonly owned property, shall be
deeded to the homeowners' association.
2-30

Article V. Requirements for Preliminary and Final Plats
Preliminary and final plats shall be prepared by a registered surveyor or engineer.
Section 5.1 Sketch Plan
(a) A sketch vicinity map showing the location of the subdivision in relation to
neighboring tracts, subdivisions, roads, and waterways;
(b) The boundaries of the tract and the portion of the tract to be subdivided;
(c) The total acreage to be subdivided;
(d) The existing and proposed uses of the land within the subdivision and the
existing uses of land adjoining it;
(e) The existing street layout and right-of-way width, lot layout and size of lots;
(f) The names, address and telephone number of the owner;
(g) The name, if any, of the proposed subdivision;
(h) Streets and lots of adjacent developed or platted properties;
(i) The zoning classification of the tract and of adjacent properties;
(j) Copy of the tax map showing the land to be subdivided and all lots
previously subdivided from the tract of land within the last five years.
Section 5.2 Preliminary Plat
The preliminary plat shall be at a scale of 100 feet to one inch and will be drawn on one
or more sheets of a size required by the Brunswick County Register of Deeds. The
preliminary plat shall show the following:
(a) The location of existing and platted property lines, streets, buildings,
watercourses, railroads, transmission lines, sewers, bridges, culverts and
drainpipes, water mains, town boundaries, and public utility easements.
(b) Boundaries of tract shown with bearings, distances, and closures.
(c) Areas of environmental concern, flood plains, fresh water wetlands, and
other natural features affecting the site. All areas within a subdivision
identified as federal wetlands (Section 404 Wetlands) shall be delineated
on the preliminary and final plat along with a statement as to applicable
restrictions. Said delineation shall bear a certificate signed by a
representative of the U S Army. Corps of Engineers.
(d) Names of adjoining subdivisions and/or property owners.
(e) Zoning classifications on the land to be subdivided and on adjoining land.
(f) Proposed streets, street names, rights -of -way, pavement widths, and
approximate grades with cross sections and profiles.
(g) The layout of proposed utilities (sewer, water, gas, electricity, and storm
water) showing connections to existing systems or location plans for
community systems such as water and sewer.
(h) Where on -site wastewater treatment (septic tanks) is proposed, the
suitability determination by the Brunswick County Health Department or
other properly certified entity shall be shown for each lot.
(i) Proposed lot lines, lot and block numbers, and approximate dimensions.
2-31

0) Proposed minimum building setback lines.
(k) Proposed parks, school sites, or other public open spaces.
(1) Title, date, north point, and graphic scale.
(m) Name of owner and surveyor, engineer, and/or site planner
(n) Site data:
Acreage in total tract
Acreage in park or other land useage
Minimum lot size
Total number of lots
Number of lots per acre
Lineal feet in streets
Together with the preliminary plat, the subdivider shall submit a copy of the approval of
any proposed package wastewater treatment system by the North Caroina Department
of Environment and Natural Resources.
_ Section 5.3 Final Plat
The final plat shall be drawn on a reproducible material at the same scale and same
sheet size as the preliminary plat as approved. The final plat shall constitute only that
portion of the approved preliminary plat that the subdivider proposes to record and/or
develop at the time; provided, however, that such portion conforms to all requirements
of this ordinance. The final plat shall include the information on control corners
specified in G.S. 39-32.3 and 39-32.3. In addition to the following required plat
information, the final plat shall contain all of the information required in G.S. 47-30.
(a) The lines and names of all streets and roads.
(b) Lot lines and lot and block numbers.
(c) Minimum building setback lines.
(d) Reservations, easements, alleys, and any roads to be dedicated to public
uses or sites for other than residential use with notes stating their purpose
and any limitations.
(e) Sufficient data to determine readily and reproduce on the ground the
location, bearing and length of every street line, lot line, boundary line
(with error of closure), block line and building line, whether curved or
straight, and including true north point. This shall include the radius,
central angle, point of tangent, tangent distance and arcs and cords of all
curved streets and curved property lines.
(f) Areas of environmental concern, flood plains, fresh water wetlands, and
other natural features affecting the site. All areas within a subdivision
identified as federal wetlands (Section 404 Wetlands) shall be delineated
on the preliminary and final plat along with a statement as to applicable
restrictions. Said delineation shall bear a certificate signed by a
representative of the U S Army Corps of Engineers.
(g) All dimensions shall be to the nearest 1/100 of a foot and angles to the
nearest minute.
2-32

(h) Accurate location and description of all monuments and markers.
(i) Cross sections and profiles of streets.
0) Protective covenants, if any, in form for recording.
(k) The names and locations of adjoining subdivisions and streets, and the
location and ownership of adjoining subdivided property.
(1) Title, date, name and location of the subdivision, and graphic scale.
(m) Name of subdivider, registered surveyor or engineer.
(n) Utility layouts:
Water
Sanitary sewer
Storm drainage
Electrical lines
Gas lines
(o) Where on -site wastewater treatment (septic tanks) is proposed, the
suitability determination by the Brunswick County Health Department or
other properly certified entity shall be shown for each lot.
Section 5.4 Other Requirements
(a) Placement of Monuments
Unless otherwise specified by this ordinance, the Manual of Practice for Land
Surveying as adopted by the NC Board of Examiners for Engineers and Land
Surveyors, under the provisions of Title 21 of th-- North Carolina Administrative Code,
Chapter 56, (21 NCAC 56) shall apply when conducting surveys for subdivisions; to
determine the accuracy for surveys and placement of monuments, control corners,
markers, and property corner ties; to determine the location, design, and material of
monuments, markers, control corners, and property corner ties; and to determine the
location, design and material of monuments, markers, control corners, and property
corner ties; and to determine other standards and procedures governing the practice of
land surveying for subdivisions.
(b) Construction Procedures
No construction or installation of improvements shall commence in a proposed
subdivision until the preliminary plat has been approved and all plans and specifications
have been approved by the appropriate authorities.
No building, zoning or other permits shall be issued for erection of a structure on any lot
not of record at the time of adoption of this ordinance until all the requirements of this
ordinance have been met. The subdivider, prior to commencing any work within the
subdivision, shall make arrangements with the administrator of this ordinance to provide
for adequate inspection.
The approval authorities having jurisdiction or their representatives shall inspect and
2-33

approve all completed work prior to the release of the sureties.
(c) Oversized Improvements
The Town of Oak Island may require installation of certain oversized utilities or the
extension of utilities to adjacent property when it is in the interest of future development.
If the Town requires the installation of improvements in excess of the standards
required in this ordinance, including all standards adopted by reference, the Town shall
pay the cost differential between the improvement required and the standards in this
ordinance.
(d) House Numbering
The subdivider shall provide a house numbering system consistent with all policies of
the US Postal Service and consistent with policies established by Brunswick County for
house numbering prior to final plat approval.
Article VI Required Certifications
The following certifications shall appear on all first page copies of the plat for either
major or minor subdivisions:
(a) Certificate of Ownership and Dedication
I hereby certify that I am the owner of the property shown and described hereon,
which is located in the subdivision jurisdiction of the Town of Oak Island and that I
hereby adopt this plan of subdivision with my free consent, establish minimum building
setback lines, and dedicate all streets, alleys, walks, parks, and other sites and
easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary
sewer, storm sewer and water lines to the Town of Oak Island.
Date Owner(s)
(b) Certificate of Survey and Accuracy
I, certify that this plat was drawn under my supervision
from an actual survey made under my supervision (deed description recorded in
Book , page , etc.) (other); that the boundaries not surveyed are
clearly indicated as drawn from information found in Book , page ;
that the ratio of precision as calculated is 1: ; that this plat was prepared in
accordance with GS 47-30 as amended. Witness my original signature,
registration number and seal this day of , 20_
Seal or Stamp
2-34

Surveyor
Registration Number'
The certificate of the Notary shall read as follows:
"North Carolina._ _ County.
I, a Notary Public of the County and State aforesaid, certify that
, a registered land surveyor/engineer, personally appeared
before me this day and acknowledged the execution of the foregoing
instrument. Witness my hand and official stamp or seal, this day of
20_
Seal or Stamp
Notary Public
My Commission expires "
(c) County Review Officer
N. C G. S. 47-30.2 requires that a county appointed review officer certify that
each map or plat presented to the register of deeds for recording, complies with
all statutory requirements for such recording. The following certification form shall
appear on each map or plat:
State of North Carolina
County of Brunswick
I, , Review Officer of Brunswick County, certify that the map or
plat to which this certification is affixed meets all statutory requirements for recording.
Review Officer
(d) Town Council Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon has been found to comply with
the Subdivision Regulations of the Town of Oak Island, North Carolina and that this plat
has been approved by the Oak Island Town Council for recording in the Office of the
Register of Deeds of Brunswick County.
Town Clerk
Date:
2-35

Chapter 3
FLOOD DAMAGE PREVENTION
Article I In General.
Section 1.1 Statutory authorization.
The legislature of the State of North Carolina has in Part 6, Article 21 of Chapter
143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter
160A of the North Carolina General Statues, delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry.
Section 1.2 Findings of fact.
(a) The flood hazard areas of the town are subject to periodic inundation which
results in loss of life, property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures of
flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities, and by the
occupancy in flood hazard areas by uses vulnerable to floods or hazardous
to other lands which are inadequately elevated, flood -proofed, or otherwise
unprotected from flood damages.
Section 1.3 Statement of purpose.
It is the purpose of this ordinance to promote the public health, safety, and
general welfare and to minimize public and private losses due to flood conditions
in specific areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
(3) Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation
of floodwaters;
(4) Control filling, grading, dredging, and other development which may
increase erosion or flood damage; and
3-1

(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards to
other lands.
Section 1.4 Objectives.
The objectives of this ordinance are:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control
projects;
(3) To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets, and bridges
located in floodplains;
(6) To help maintain a stable tax base by providing' for the sound use and
development of floodprone areas in such a manner as to minimize
flood blight areas; and,
(7) To insure that potential home buyers are notified that property is in a
flood area.
Section 1.5 Lands to which this ordinance applies.
This ordinance shall apply to all areas of special flood hazard within the
jurisdiction of the Town of Oak Island.
Section 1.6 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency in its flood insurance study, dated April 2, 1991, with
accompanying maps and other supporting data, and any revision thereto are
adopted by reference and declared to be a part of this ordinance.
Section 1.7 Establishment of development permit.
3-2

A development permit shall be required in conformance with the provisions of this
ordinance prior to the commencement of any development activities.
Section 1.8 Compliance.
No structure or land shall hereafter be located, extended, converted, or
structurally altered without full compliance with the terms of this ordinance and
other applicable regulations.
Section 1.9 Penalties for Violation.
Violation of the provisions of this ordinance or failure to comply with any of its
requirements, including violation of conditions and safeguards established in
connection with grants of variance or special exceptions, shall constitute a
misdemeanor. Any person who violates this ordinance or fails to comply with any
of its requirements shall, upon conviction thereof, be fined not more than fifty
dollars ($50.00) or imprisoned for not more than thirty (30) days, or both. Each
day such violation continues shall be considered a separate offense. Nothing
herein contained shall prevent the town from taking such other lawful action as is
necessary to prevent or remedy any violation.
Section 1.10 Abrogation and greater restrictions.
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants or deed restrictions. However, where this ordinance and
another conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
Section 1.11 Interpretation.
In the interpretation and application of this ordinance all provisions shall be: (1.
Considered as minimum requirements; (2) liberally construed in favor of the
governing body; and 3: deemed neither to limit nor repeal any other powers
granted under state statutes.
Section 1.12 Warning and disclaimer of liability.
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
consideration. Larger floods can and will occur on rare occasions. Flood heights
may be increased by manmade or natural causes. This ordinance does not
imply that land outside the areas of special flood hazard or uses permitted within
such areas will be free from flooding or flood damages. This ordinance shall not
create liability on the part of the town or by any officer or employee thereof for
any flood damages that result from reliance on this ordinance or the
administrative decision lawfully made hereunder.
3-3

Article II. Definitions.
Unless specifically defined below, words or phrases used in this ordinance shall
be interpreted so as to give them the meaning they have in common usage and
to give this Ordinance its most reasonable application.
Addition (to an existing building) means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common load -
bearing wall other than a firewall. Any walled and roofed addition that is
connected by a firewall or is separated by independent perimeter load -bearing
walls is new construction.
Appeal means a request for a review of the local administrator's interpretation of
any provision of this ordinance.
Area of shallow flooding means a designated AO or VO zone on a community's
insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
Area of special flood hazard is the land in the floodplain within a community
subject to a one (1) percent or greater chance of being equaled or exceeded in
any given year.
Base flood means the flood having a one (1) percent chance of being equaled or
exceeded in any given year.
Basement means that lowest level or story which has its floor subgrade on all
sides.
Breakaway wall means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under
specific lateral loading forces without causing damage to the elevated portion of
the building or the supporting foundation system. A breakaway wall shall have a
design safe -loading resistance of not less than ten (10) and no more than twenty
(20) pounds per square foot. A wall with loading resistance of more than twenty
(20) pounds per square foot requires a professional engineer or architect's
certificate.
Building means any structure built for support, shelter, or enclosure for any
occupancy or storage.
Coastal high hazard area means an area of special flood hazard extending from
offshore to the inland limit of a primary frontal dune along an open coast and any
other area subject to high -velocity wave action from storms or seismic sources.
011

Development means any manmade change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials.
Elevated building means a non -basement building:
(a) Built, in the case of a building in zones Al-A30, AE, A, A99, AO, AH,
B, C, or X to have the top of the elevated floor, or in the case of a
building in zones V1430, VE, or V to have the bottom of the lowest
horizontal structural member of the elevated floor above the ground by
means of pilings, columns (post and piers), shear walls parallel to the
flow of water; and
(b) Adequately anchored so as not to impair the structural integrity of the
building during a flood up to the magnitude of the base flood.
(c) In the case of zones AI-ASO, AE, A, A99, AO, AH, B, C, and X,
"elevated building" includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of floodwaters. In the case of zones V1430,
VE, or V, "elevated building" also includes a building otherwise
meeting the definition "elevated building," even though the area below
is enclosed by means of breakaway walls if the breakaway walls meet
the standards of Section 4.2 of this ordinance.
Existing manufactured home park or manufactured home subdivision
means a manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed before
the effective date of this ordinance.
Expansion to an existing manufactured home park or subdivision means
the preparation of the additional sites by the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete slabs).
Flood or flooding means a general and temporary condition or partial or
complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and,
(b) The unusual and rapid accumulation of runoff of surface waters
from any source.
3-5

Flood hazard boundary map (FHBM) means an official map of a community,
issued by the Federal Emergency Management Agency, where the boundaries of
the areas of special flood hazard have been defined as zone A.
Flood insurance rate map (FIRM) means an official map of a community, on
which the
Federal Emergency Management Agency has delineated both the areas of
special flood hazard and the risk premium zones applicable to the community.
Flood insurance study is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the flood
boundary floodway map and the water surface elevation of the base flood.
Floodway means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one (1) foot.
Floor means the top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top of wood flooring in
wood frame construction. The term does not include the floor of a garage used
solely for parking vehicles.
Functionally dependent facility means a facility that cannot be used for its
intended purpose unless it is located or carried out in close proximity to water,
such as a docking or port facility necessary for the loading and unloading of
cargo or passengers, shipbuilding, ship
repair, or seafood processing facilities. The term does not include long-term
storage, manufacture, sales, or service facilities.
Highest adjacent grade means the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of the structure.
Historic structure means any structure that is: (a) Listed individually in the
National Register of Historic Places (a listing maintained by the U.S. Department
of Interior) or preliminarily determined by the Secretary of Interior as meeting the
requirements for individual listing on the National Register; (0) certified or
preliminarily determined by the Secretary of Interior as contributing to the
historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district; (c)
individually listed on a state inventory of historic places; (d) individually listed on
a.locai inventory of historic places in communities with historic preservation
programs that have been certified:
(1) by an approved state program as determined by the Secretary of
Interior; or
(2) directly by the Secretary of Interior in states without approved
programs.
3-6

Levee means a manmade structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to contain,
control, or divert the flow of water so as to provide protection from temporary
flooding.
Lowest floor means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood -resistant enclosure, usable solely for parking
of vehicles, building access, or storage in an area other than a basement area is
not considered a building's lowest floor provided that such an enclosure is not
built so as to render the structure in violation of the applicable non -elevation
design requirements of this ordinance.
Manufactured home means a structure, transportable in one (1) or more
sections, which is built on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a "recreational vehicle".
Manufactured home park or subdivision means a parcel (or contignous
parcels) of land divided into two (2) or more manufactured home lots for rent or
sale.
Mean sea level means the average height of the sea for all stages of the tide. It
is used as a reference for establishing various elevations within the floodplain.
For purposes of this ordinance, the term is synonymous with national geodetic
vertical datum (NGVD).
National geodetic vertical datum (NGVD) as corrected in 1929 is a vertical
control used as a reference for establishing varying elevations within the
floodplain.
New construction means structures for which the "start of construction"
commenced on or after the effective date of this ordinance and includes any
subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete slabs) is completed on or after the effective date of this
ordinance.
Nonconforming building or use means any legally existing building or use
which fails to comply with the provisions of this ordinance.
3-7

Primary frontal dune means a continuous or nearly continuous mound or ridge
of sand with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and over -topping from high
tides and waves during major coastal storms. The inland limit of the primary
frontal dune occurs at the point where there is a distinct change from a relatively
steep slope to a relatively mild slope.
Recreational vehicle means a vehicle that is: (a) Built on a single chassis; (b)
Four hundred (400) square feet or less when measured at the largest horizontal
projection; (c) designed to be self-propelled or permanently towable by a light -
duty truck; and; (d) designed primarily not for use as a permanent dwelling, but
as temporary living quarters for recreational, camping, travel, or seasonal use.
Reference feature is the receding edge of a bluff or eroding frontal dune, or if
such a feature is not present, the normal high water line or the seaward line of
permanent vegetation if the high water line cannot be identified.
Remedy a violation means to bring the structure or other development into
compliance with state or local floodplain management regulations, or, if this is not
possible, to reduce the impacts of its. noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of this ordinance or
otherwise deterring future similar violations, or reducing financial exposure with
regard to the structure or other development.
Sixty -year setback means a distance equal to sixty (60) times the average
annual long-term recession rate at a site, measured from the reference feature.
Start of construction (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes
substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, or improvement was within one hundred eighty (180)days of the permit
date. The actual start means the first placement of permanent construction of a
structure (including a manufactured home) on a site, such as the pouring of slabs
or footings, installation of piles, construction of columns, or any work beyond the
stage of excavation or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers or foundations, or
the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any Wall, ceiling, floor,
or other structural part of the building, whether or not that alteration affects the
external dimensions of the building.
M.

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

Article III, Administration.
Section 3.1 Designation of local administrator.
The Director of the Development Services Department, or his/her designee, is
hereby appointed to administer and implement the provisions of this ordinance.
Section 3.2 Development permit and certification requirements.
Application for a development permit shall be made to the local administrator on
forms furnished by him or her prior to any development activities. The
development permit may include, but not be limited to, plans in duplicate drawn
to scale showing: The nature, location, dimensions, and elevations of the area in
question; existing or proposed structures; and the location of fill materials,
storage areas, and drainage facilities. Specifically, the following information is
required:
(1) Where base flood elevation data is provided in accordance with section 3.3,
the application for a development permit within the zone A on the flood
insurance rate map shall show:
(a) The elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new and substantially improved structures; and,
(b) If the structure has been flood -proofed in accordance with section 4.2 (2),
the elevation (in relation to mean sea level) to which the structure was
flood -proofed.
(2) Where the base flood elevation data is not provided, the application for a
development permit must show construction of the lowest floor at least two (2)
feet above the highest adjacent grade.
(3) Where any watercourse will be altered or relocated as a result of proposed
development, the application for a development permit shall include; A
description of the extent of watercourse alteration or relocation; an
engineering report on the effects of the proposed project on the flood -carrying
capacity of the watercourse and the he
to properties located both
upstream and downstream; and a map showing the location of the proposed
watercourse alteration or relocation.
(4) When a structure is flood -proofed, the applicant shall provide a certificate
from a registered professional engineer or architect that the nonresidential
flood -proofed structure meets the flood -proofing criteria in section 4.2-a.
(5) A floor elevation or flood -proofing certification is required after the lowest floor
is completed. Within twenty-one (21) calendar days of establishment of the
lowest floor elevation, or flood -proofing by whatever construction means,
whichever is applicable, it shall be the duty of the permit holder to submit to
3-10

the local administrator a certification of the elevation of the lowest floor, or
flood -proofed elevation, whichever is applicable, as built, in relation to mean
sea level. Said certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional engineer and
certified by same. When flood -proofing is utilized for a particular building, said
certification shall be prepared by or under the direct supervision of a
professional engineer or architect and certified by same. Any work done
within the twenty-one (21) day calendar period and prior to submission of the
certification shall be at the permit holder's risk. The local administrator shall
review the floor elevation survey data submitted. Deficiencies detected by
such review shall be corrected by the permit holder immediately and prior to
further progressive work being permitted to proceed. Failure to summit the
survey or failure to make said corrections required hereby shall be cause to
issue a stop work order for the project.
Section 3.3 Duties and responsibilities of the local administrator.
Duties of the local administrator shall include, but not be limited to:
(1) Review all development permits to assure that the requirements of
this ordinance have been satisfied.
(2) Advise permittee that additional federal or state permits may be
required, and if specific federal or state permits are known, require
that copies of such permits be provided and maintained on file with
the development permit.
(3) Notify adjacent communities and the North Carolina Department of
Crime Control and Public. Safety, Division of Emergency
Management, State Coordinator for the National Flood Insurance
Program prior to any alteration or relocation of a water course, and
submit evidence of such notification to the Federal Emergency
Management Agency.
(4) Assure that maintenance is provided within the altered or relocated
portion of said water course so that the flood -carrying capacity is not
diminished.
(5) Prevent encroachments within floodways unless the certification and
flood hazard reduction provisions of Article IV are met.
(6) Obtain actual elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially improved
structures, in accordance with section 3.2-e.
3-11

(7) Obtain the actual elevation (in relation to mean sea level; to which the
new or substantially improved structures have been flood proofed, in
accordance with section 3.2-e.
(8) When floodproofing is utilized for a particular structure, obtain
certifications from a registered professional engineer or architect in
accordance with section 3.2-e.
(9) Where interpretation is needed as to the exact location of boundaries
of the areas of special flood hazard (for example, where there
appears to be a conflict between a mapped boundary and actual field
conditions), make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in this ordinance.
(10) When base flood elevation data or floodway data has not been
provided in accordance with Section 4.3, obtain, review, and
reasonably utilize any base flood elevation data and floodway data
available from a federal, state, or other source, including data
developed pursuant to section 4.4 in order to administer the
provisions of this ordinance.
(11) Make onsite inspections of projects in accordance with section 3.4.
(12) Serve notices of violations, issue stop work orders, revoke permits
and take corrective actions in accordance with section 3.4.
(13) Maintain all records pertaining to the administration of this ordinance
and make these records available for public inspection.
(14) Annexation. Provide the North Carolina Department of Crime Control
and Public Safety, Division of Emergency Management, State
Coordinator for the National Flood Insurance Program with two. (2)
copies of the maps delineating new corporate limits within six (6)
months from date of annexation or change in corporate boundaries.
Section 3.4 Administrative procedures.
A. Inspections of work in progress. As the work pursuant to a permit progresses,
the local administrator shall make as many inspections of the work as may be
necessary to ensure that the work is being done according to the provisions
of the local ordinance and the terms of the permit. In exercising this power,
the administrator has a right, upon presentation of proper credentials, to enter
on any premises within the territorial jurisdiction at any reasonable hour for
the purpose of inspection or other enforcement action.
3-12

B. Stop work orders. Whenever a building or part thereof is being constructed,
reconstructed, altered, or repaired in violation of this ordinance, the
administrator may order the work to be immediately stopped. The stop work
order shall be in writing and directed to the person doing the work. The stop
work order shall state the specific work to be stopped, the specific reasons for
the stoppage, and the conditions under which the work may be resumed.
Violation of a stop work order constitutes a misdemeanor.
C. Revocation of permits. The local administrator may revoke and require the
return of the development permit by notifying the permit holder in writing
stating the reason for the revocation. Permits shall be revoked for any
substantial departure from the approved application, plans, or specifications;
for refusal or failure to comply with the requirements of the state or local laws;
or for false statements or misrepresentations made in securing he permit. Any
permit mistakenly issued in violation of an applicable state or local law may
also be revoked.
D. Periodic inspections. The local administrator and each member of his
inspections department shall have a right, upon presentation of proper
credentials, to enter on any premises within the territorial jurisdiction of the
department at any reasonable hour for the purposes of inspection or other
enforcement action.
E. Violations to be corrected. When the local administrator finds violations of
applicable state and local laws, it shall be his duty to notify the owner or
occupant of the building of the violation. The owner or occupant shall
immediately remedy each of the violations of law in the property he owns.
F. Actions in event of failure to take corrective action. If the owner of a building
or property shall fail to take prompt corrective action, the administrator shall
give him written notice, by certified or registered mail to his last known
address or by personal service:
(1) That the building or property is in violation of this ordinance.
(2) That a hearing will be held before the local administrator at a
designated place and time, not later than ten (10) days after the date
of the notice, at which time the owner shall be entitled to be heard in
person or by counsel and to present arguments and evidence
pertaining to the matter, and,
(3) That following the hearing, the local administrator may issue such
order to alter, vacate, or demolish the building, or to remove fill as
appears appropriate.
G. Order to take corrective action. If; upon a hearing held pursuant to the notice
prescribed above, the administrator shall find that the building or development
is in violation of this ordinance, he shall make an order in writing to the owner,
3-13

requiring the owner to remedy the violation within such period, not less than
sixty (60) days, the administrator may prescribe; provided that where the
administrator finds that there is imminent danger to life or other property, he
may order that corrective action be taken in such lesser period as may be
feasible.
H. Appeal. Any owner who has received an order to take corrective action may
appeal from the order to the local elected governing body by giving notice of
appeal in writing to the administrator and the clerk within ten (10) days
following issuance of the final order. In the absence of an appeal, the order of
the administrator shall be final The local governing body shall hear an appeal
within a reasonable time and may affirm. modify and affirm, or revoke the
order.
I. Failure to Comply With Order. If the owner of a building or property fails to
comply with an order to take corrective action from which no appeal has been
taken, or fall to comply with an order of the governing body following an
appeal, he shall be guilty of a misdemeanor and shall be punished in the
discretion of the court.
Section 3.5 Variance procedures.
A. The Board of Adjustment as established by the town, shall hear and decide
requests for variances from the requirements of this ordinance.
B. Any person aggrieved by the decision of the appeal board or any taxpayer
may appeal such decision to the court, as provided in G.S. Chapter 7A.
C. Variances may be issued for the repair or rehabilitation of historic structures
upon the determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character end
design of the structure.
D. In passing upon such applications, the appeal board shall consider all
technical evaluations, all relevant factors, all standards specified in other
sections of this ordinance, and:
(1) The danger that materials may be swept onto other lands to the injury
of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
3-14

(4) The importance of the services provided by the proposed facility to
the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated
development;
(8) The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(9) The safety of access to the property in times of flood for ordinary and
emergency vehicles:
(10) The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and,
(11) The costs of providing governmental series during and after flood
conditions including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical and water systems, and
streets and bridges
E. Upon consideration of the factors listed above and the purposes of this
ordinance, the appeal board may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this ordinance.
F. Variances shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
G. Conditions for variances:
(1) Variances may not be issued when the variance will make the
structure in violation of other federal, state, or local laws,
regulations, or ordinances.
(2) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
(3) Variances shall only be issued upon a showing of good and
sufficient cause, a determination that failure to grant the variance
would result in exceptional hardship, and a determination that the
3-15

granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create a nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(4) Any applicant to whom a variance is granted shall be given
written notice specifying the difference between the base flood
elevation and the elevation to which the structure is to be built
and a written statement that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced
lowest floor elevation. Such notification shall be maintained with a
record of all variance actions.
(5) The local administrator shall maintain the records of all appeal
actions and report any variances to the Federal Emergency
Management Agency upon request.
Article IV Flood Hazard Reduction,
Section 4.1 General standards.
In all areas of special flood hazard the following provisions are required:
(1) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure;
(2) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage;
(3) All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damages;
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment,
and other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
(6) New and replacement sanitary sewage Systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and
discharges from the systems into floodwaters;
3-16

(7) Onsite waste disposal Systems shall be located and constructed to
avoid impairment to them or contamination from them during flooding;
(8) Any alteration, repair, reconstruction, or improvements to a structure
that is in compliance with the provisions of this ordinance, shall meet
the requirements of "new construction" as contained in this ordinance;
(9) Nonconforming buildings or uses may not be enlarged, replaced, or
rebuilt unless such enlargement or reconstruction is accomplished in
conformance with the provisions of this ordinance. Provided, however,
nothing in this ordinance shall prevent the repair, reconstruction, or
replacement of a building or structure existing on the effective date of
this ordinance and located totally or partially within the floodway zone,
provided that the bulk of the building or structure below base flood
elevation in the floodway zone is not increased and provided that such
repair, reconstruction, or replacement meets all of the other
requirements of this ordinance; and
(10) All structures built in a flood prone area must be built a minimum of
one (1) foot above base flood elevation, including mobile homes in
the flood prone area.
Section 4.2 Specific standards.
In all areas of special flood hazard where base flood elevation data has been
provided, as set forth in section 1.6, or section 3.3-k, the following provisions are
required:
(1) Residential construction. New construction or substantial
improvement of any residential structure (including manufactured
homes) shall have the lowest floor, including basement, elevated no
lower than one (1) foot above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings
sufficient to facilitate the unimpeded movements of floodwaters shall
be provided.
(2) Nonresidential construction. New construction or substantial
improvement of any commercial, industrial, or nonresidential structure
(including manufactured homes) shall have the lowest floor, including
basement, elevated no lower than one (1) foot above the level of the
base flood elevation. Structures located in A zones may be flood
proofed in lieu of elevation provided that all areas of the structure
below the required elevation are watertight with walls substantially
impermeable to the passage of water, using structural components
having the capability of resisting hydrostatic and hydro dynamic loads
and the effect of buoyancy. A registered professional engineer or
3-17

architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the official as set forth
in section 3.2(5).
(3) Manufactured homes.
(a) Manufactured homes that are placed or substantially improved on
sites outside a manufactured home park or subdivision, in a new
manufactured home park or subdivision, in an expansion to an
existing manufactured home park or subdivision, or in an existing
manufactured home park or subdivision on which a manufactured
home has incurred "substantial damage" as the result of a flood,
must be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated no lower than one (1)
foot above the base flood elevation and be securely anchored to
an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
(b) Manufactured homes that are to be placed or substantially
improved on sites in an existing manufactured home park or
subdivision that are not subject to the provisions of subsection
(3)a, above, must be elevated so that the lowest floor of the
manufactured home is elevated no lower than one 1 foot above
the base flood elevation, and be securely anchored to an
adequately anchored foundation to resist flotation, collapse, and
lateral movement.
(c) Manufactured homes shall be anchored to prevent flotation,
collapse, or lateral movement. For the purpose of this
requirement, manufactured homes must be anchored to resist
flotation, collapse, or lateral movement in accordance with the
Regulations for Mobile Homes and Modular Housing adopted by
the Commissioner of Insurance pursuant to Section 143.143.15.
Additionally, when the elevation would be met by an elevation of
the chassis at least thirty-six (36) inches or less above the grade
at the sight, the chassis shall be supported by reinforced piers or
other foundation elements of at least equivalent strength. When
the elevation of the chassis is above thirty-six (36) inches in
height, an engineering certification is required.
(d) An evacuation plan must be developed for evacuation of all
residents of all new, substantially improved or substantially
damaged manufactured home parks or subdivisions located within
flood prone areas. This plan shall be filed with and approved by
the local administrator and the local emergency management
coordinator.
(4) Recreational vehicles. A recreational vehicle is ready for highway use
if it is on wheels or jacking system, is attached to the site only by
3-18

quick -disconnect type utilities and security devices, and has no
permanently attached additions. Recreation vehicles placed on sites
shall either:
(a) Be on site for fewer than one hundred eighty (180) consecutive
days; -
(b) Be fully licensed and ready for highway use; or
(c) Meet the requirements of sections 3.2 and 4.1 and subsection (3)
above.
(5) Elevated buildings. New construction or substantial improvements of
elevated buildings that include fully enclosed areas that are usable
solely for the parking of vehicles, building access or storage in an
area other than a basement and which are subject to flooding shall be
designed to preclude finished living space and be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
(a) Designs for complying with this requirement must either be certified
by a professional engineer or architect or meet the following
minimum criteria:
(1) Provide a minimum of two (2) openings having a total net area
of not less than one (1) square inch for every square foot of
enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one 1) foot
above grade; and,
(3) Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided they permit the automatic flow
of floodwaters in both directions.
(b) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of
maintenance equipment used in connection with the premises
(standard exterior door] or entry to the living area (stairway or
elevator).
(c) The interior portion of such enclosed area shall not be partitioned or
finished into separate rooms, except to enclose storage areas.
(6) Temporary structures. Prior to the issuance of a development permit for a
temporary structure, the following requirements must be met:
(a) All applicants must submit to the local administrator a plan for the removal of
such structure(s) in the event of a hurricane or flash flood notification. The
plan must include the following information:
(1) The name, address and phone number of the individual
responsible for the removal of the temporary structure;
(2) The timeframe prior to the event at which a structure will be
removed;
3-19

(3) A copy of the contractor other suitable instrument with a
trucking company to insure the availability of removal equipment
when needed; and
(4) Designation, accompanied by documentation, of a location
outside the flood plain to which the temporary structure will be
moved.
(b) The above information shall be submitted in writing to the local administrator
for review and written approval.
(7) Accessory structure. When accessory structures (sheds, detached garages,
etc.) with a value of three thousand dollars ($3,000.00) or less, are to be
placed in the floodplain the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation;
(b) Accessory structures shall be designed to have low flood damage
potential:
(c) Accessory structures shall be firmly anchored in accordance with section
4.1 (1) above; and
(d) Service facilities such as electrical and heating equipment shall be
elevated in accordance with section 4.1 (4) above.
(8) Floodways. Located within areas of special flood hazard established in
section 1.6 are areas designated as floodways. The floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris and
potential projectiles and has erosion potential. The following provisions shall
apply within such areas:
(a) No encroachments, including fill, new construction, substantial
improvements
(b) and other developments shall be permitted unless it has been
demonstrated
(c) through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not
result in any increase in the flood levels during the occurrence of the base
flood. Such
(d) certification and technical data shall be presented to the local
administrator.
(e) If subsection (6)a. above is satisfied, all new construction and substantial
im-
(f) provements shall comply with all applicable flood hazard reduction -
provisions of this division.
(g) No manufactured homes shall be permitted, except in an existing
manufactured home park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards of section 4.1 above and
the elevation standards of subsection (3) above are met.
(9) Coastal high hazard areas (Vzones). Located within the areas of special flood
hazard established in (section 1.6), are areas designated as coastal high-
3-20

hazard areas. Those areas have special flood hazards associated with wave
wash. The following provisions shall apply within such areas:
(a) All buildings or structures shall be located landward of the first line of
stable natural vegetation and comply with all applicable CAMA setback
requirements.
(b) All buildings or structures shall be elevated so that the bottom of the
lowest supporting horizontal member (excluding pilings or columns is
located above the base flood elevation level with all space below the
lowest supporting member open so as not to impede the flow of water,
with the exception of a maximum of three hundred (300) square feet of
unheated storage area. Open lattice work or decorative screening may be
permitted for aesthetic purposes and they must be designed to wash
away in the event of abnormal wave action and in accordance with
paragraph (9)(h) below.
(c) All buildings or structures shall be securely anchored on pilings or
columns.
(d) All pilings and columns and the attached structures shall be anchored to
resist flotation, collapse, and lateral movement due to the effect of wind
and water loads acting simultaneously on all building components.
(e) A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the
provisions contained in (subsection 9, subparagraphs (b)-(d)) above.
(f) There shall be no fill used as structural support. Non -compacted fill may
be used around the perimeter of a building for landscaping/aesthetic
purposes provided the fill will wash out from storm surge, (thereby
rendering the building free of obstruction) prior to generating excessive
loading forces, ramping effects, or wave deflection. The local
administrator shall approve design plans for landscaping/aesthetic fill only
after the applicant has provided an analysis by an engineer, architect,
and/or soil scientist which demonstrates that the following factors have
been fully considered:
(1) Particle composition of fill material does not have a tendency for
excessive natural compaction; .
(2) Volume and distribution of fill will not cause wave deflection to
adjacent properties; and
(3) Slope of fill will not cause wave run-up or ramping.
(10) There shall be no alteration of sand dunes or mangrove stands which would
increase potential flood damage.
(11) Lattice work or decorative screening shall be allowed below the base flood
elevation provided they are not part of the structural support of the building
and are designed so as to breakaway, under abnormally high tides or wave
action, without damage to the structural integrity of the building on which
3-21

they are to be used and provided the following design specifications are
met:
(a) No solid walls shall be allowed.
(b) Material shall consist of wood or mesh screening only.
(c) Design safe loading resistance of each wall shall be not less than ten
(10: nor more than twenty (20) pounds per square foot; or
(d) If more than twenty (20) pounds per square foot, a registered
professional engineer or architect shall certify that the
design wall collapse would result from a water load less than that
which would occur during the base flood event, and the elevated
portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to
the effects of wind and water loads acting simultaneously on all
building components (structural and nonstructural). The water loading
values used shall be those associated with the base flood. The wind
loading values used shall be those required by the North Carolina
State Building Code.
(12) If aesthetic lattice work or screening is utilized, such enclosed space shall not
be designed to be used for human habitation, but shall be designed to be
used only for parking of vehicles, building access, or limited storage of
maintenance equipment used in connection with the premises.
(13) Prior to construction, plans for any structures that will have lattice work or
decorative screening must be submitted to the local administrator for
approval.
(14) Any alteration, repair, reconstruction or improvement to a structure shall not
enclose the space below the lowest floor except with lattice work or
decorative screening, as provided for in [subsections (12) and (13) above].
(15) No manufactured homes shall be permitted except in an existing
manufactured home park or subdivision. A replacement manufactured home
may be placed on a lot in an existing manufactured home park or
subdivisions provided the anchoring [and elevation standards of this division
are met].
Section 4.3 Standards for streams without established base flood
elevations and/or floodways.
(1) Located within the areas of special flood hazard established in section
1.6 are small streams where no base flood data has been provided or
where no flood ways have been identified. The following provisions
apply within such areas:
3-22

No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within a distance
of the stream hank equal to one: 1 times the width of the stream at the
top of the bank or twenty (20 feet on each side from top of bank,
whichever is greater, unless certification with supporting technical data
by a registered professional engineer is provided demonstrating that
such encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
(2) If subsection (1) above is satisfied and base flood elevation data is
available from other sources, all new construction and substantial
improvements within such areas shall comply with all applicable flood
hazard ordinance provisions of this division and shall be elevated or
flood proofed in accordance with elevations established in accordance
with section 3.3 (10). When base flood elevation data is not available
from a federal, state, or other source, the lowest floor, including
basement, shall be elevated at least two (2) feet above the highest
adjacent grade.
Section 4.4 Standards for subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to
minimize flood damage.
(2) All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood'hazards.
(4) Base flood elevation data shall be provided for subdivision proposals
and other proposed development that is greater than the lesser of fifty
(50) lots or five (5 acres).
Section 4.5 Standards for areas of shallow flooding (AO zones).
Located within the areas of special flood hazard established in section 1.6 are
areas designated as shallow flooding. These areas have special flood
hazards associated with base flood depths of one (1) to three (3) feet where a
clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate. The following provisions shall apply within such
areas:
(1) All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated to
the depth number specified on the flood insurance rate map, in feet,
above the highest adjacent grade. If no depth number is specified,
3-23

the lowest floor, including basement. shall be elevated at least two (2)
feet above the highest adjacent grade.
(2) All new construction and substantial improvements of nonresidential
structures shall:
(a) Have the lowest floor, including basement, elevated to the depth
number specified on the flood insurance rate map, in feet, above
the highest adjacent grade. If no depth number is specified, the
lowest floor, including basement, shall be elevated at least two (2)
feet above the highest adjacent grade; or.
(b) Be completely flood proofed together with attendant utility and
sanitary facilities to or above that level so that any space below
that level is watertight with walls substantially impermeable to the
passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
3-24

Chapter 4
STORMWATER MANAGEMENT ORDINANCE
Section 1.0: SHORT TITLE
This ordinance shall be known as the "Stormwater Management Ordinance for
Oak Island, NC."
Section 2.0: FINDINGS OF FACTS
The Town Council of the Town of Oak Island finds that uncontrolled drainage
development of land could have a significant adverse impact upon the health,
safety and welfare of the community. More specifically,
(1) Stormwater runoff can carry pollutants into receiving water bodies,
degrading water quality and effect in closures of shellfishing waters;
(2) The increase in nutrients such as phosphorus and nitrogen
accelerates eutrophication of receiving waters, adversely affecting
flora and fauna;
(3) Improperly channeling water increases the velocity of runoff, thereby
increasing erosion and sedimentation;
(4) Construction requiring the alteration of natural topography and
removal of vegetation tends to cause a loss of natural recharge areas
and increase erosion;
(5) Siltation of water bodies resulting from increased erosion decreases
their capacity to hold and transport water, and harms flora and fauna;
(6) Impervious surfaces increase the volume and rate of stormwater
runoff and allow less water to percolate into the soil, thereby
decreasing groundwater recharge;
(7) Improperly managed stormwater runoff can increase the incidence of
flooding and the level of floods, which occur, endangering property
and human life;
(8) Improperly managed stormwater runoff can interfere with the
maintenance of optimum salinity in estuarine areas, thereby
disrupting biological productivity;
(9) Substantial economic losses result from these adverse impacts on
community waters;
4-1

(10) Many future problems can be avoided if land is developed in
accordance with sound stormwater runoff management practices.
Section 3.0: OBJECTIVES
In order to protect, maintain, and enhance both the immediate and the long-term
health, safety and general welfare of the citizens of the Town of Oak Island, NC
this ordinance has the following objectives:
(1) To encourage productive and enjoyable harmony between humanity
and nature;
(2) To protect, and maintain the chemical, physical and biological
integrity of wetland ponds and waters of Davis Canal, the inland
waterway, and Atlantic Ocean;
(3) To prevent individuals and organizations from causing harm to the
community by activities which adversely affect water resources;
(4) To encourage the construction of drainage systems which
aesthetically and functionally approximate natural Systems;
(5) To encourage the protection of natural systems and the use of them
in ways which do not impair their beneficial functioning;
(6) To minimize the transport of pollutants to area surface waters;
(7) To maintain groundwater levels;
(8) To protect and maintain natural salinity levels in estuarine areas;
(9) To minimize erosion and Sedimentation;
(10) To prevent damage to wetlands;
(11) To prevent damage from flooding, while recognizing that natural
fluctuations in water levels are beneficial;
(12) To protect and maintain the habitat of fish and wildlife; and
(13) To ensure the attainment of these objectives by requiring the
approval and implementation of stormwater management plans for all
activities which may have an adverse impact upon community waters.
Section 4.0: DEFINITIONS
Unless specifically defined below, words or phrases shall be interpreted so as to
give them the meaning they have -in common usage and to give this ordinance its
most effective application. Words used in singular shall include the plural and the
plural the singular; words used in the present tense shall include the future tense.
The word "shall11 connotes mandatory. and not discretionary; the word "may" is
permissive.
Adverse Impacts are any modifications, alterations or effects on a feature or
characteristic of community waters or wetlands, including their quality, quantity,
hydrodynamics, surface area, species composition, living resources, aesthetics
or usefulness for human or natural uses which are or may potentially be harmful
4-2

or injurious to human health, welfare, safety or property, to biological productivity,
diversity, or stability or which unreasonably interfere with the enjoyment of life or
property, including outdoor recreation. The term includes secondary and
cumulative as well as direct impacts.
Clearing means the cutting and removal of trees and brush from the land but
shall not include the ordinary mowing of grass.
Detention refers to the collection and storage of surface water for subsequent
gradual discharge.
Developer means any person who engages in development either as the Owner
or as the agent of an Owner of property.
Development or Development Activity means:
(1) the construction, installation, alteration, demolition or removal of a
structure, impervious surface, or drainage facility; or
(2) clearing, scraping, grubbing, or otherwise removing or killing the
vegetation of a site;
(3) adding, removing, exposing, excavating, leveling1 grading, digging,
burrowing, dumping, piling, dredging, or otherwise significantly
disturbing the soil, mud, sand or rock of a site.
Drainage Facility means any component of the drainage system.
Drainage System is the system through which water flows from the land. It
includes all watercourses, waterbodies and wetlands.
Erosion is the wearing or washing away of soil by the action of wind or water.
Flood is a temporary rise in the level of any waterbody, watercourse or wetland
which results in the inundation of areas not ordinarily covered by water.
Grubbing is the removal and disposal of stumps and roots of vegetation.
Impervious Surface means a surface, which has been compacted or covered
with a layer of material so that it is highly resistant to infiltration by water. It
includes semi -impervious surfaces such as compacted clay, as well as most
conventionally surfaced streets, roofs, sidewalks, parking lots and other similar
structures, etc., but not including decking.
Natural Systems means Systems, which predominantly consist of or use those
communities of plants, animals, bacteria and other flora and fauna that occur
indigenously on the land, in the soil or in the water.
4-3

Owner is the person in who is vested the fee ownership, dominion, or tide of
property, i.e., the proprietor. This term may also include a tenant, if chargeable
under his lease for the maintenance of the property, and any agent of the Owner
or tenant including a developer.
Person means any and all persons, natural or artificial and includes any
individual, firm, corporation, government agency, business trust, estate, trust,
partnership, association, two or more persons having a joint or common interest,
or any other legal entity.
Pre -development Conditions are those conditions that existed before
alteration, resulting from human activity, of the natural topography, vegetation
and rate, volume or direction of surface or ground water'flow, as indicated by the
best available historical data.
Receiving Bodies of Water shall mean any waterbodies, watercourses or
wetlands into which surface waters flow either naturally, in manmade ditches, or
in a closed conduit system.
Redevelopment means any rebuilding activity which has no net increase in built -
upon area or which provides equal or greater stormwater control than the
previous development.
Retention refers to the collection and storage of runoff without subsequent
discharge to surface waters.
Sediment is fine particulate material, whether mineral or organic, that is in
suspension or has settled in a waterbody.
Sedimentation Facility means any structure or area that is designed to hold
runoff water until suspended sediments have settled.
Site means any tract, lot or parcel of land or combination of tracts, lots, or .
parcels of land which are in one ownership, or are contiguous and in diverse
ownership where development is to be performed as part of a unit, subdivision,
or project.
Stormwater Management Plan refers to the detailed analysis required by
Section 6.0 for each activity described in Section 5.0 of this ordinance.
Structure means that which is built or constructed, an edifice or building of any
kind, or any piece of work artificially built up or composed of parts joined
together in some definite manner but shall not include fences or signs.
Subdivide means to divide the ownership of a parcel of land, whether improved
or unimproved, into two or more contiguous lots or parcels of land, whether by
4-4

reference to a plat, by metes and bounds or otherwise, in accordance with the
Town of Oak Island regulations.
Vegetation means all plant growth, especially trees, shrubs, vines, ferns,
mosses and grasses.
Waters or Community of Waters means any and all water on or beneath the
surface of the ground. It includes the water in any watercourse, waterbody or
drainage system. It also includes diffused surface water and water percolating,
standing or flowing beneath the surface of the ground, as well as coastal waters.
Watercourse means any natural or artificial stream, river, creek, channel, ditch
canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or
wash in which water flows in a definite direction, either continuously or
intermittently, and which has a definite channel, bed or banks.
Waterbody means any natural or artificial pond, lake, reservoir or other area
which ordinarily or intermittently contains water and which has a discernible
shoreline.
Watershed means a drainage area or drainage basin contributing to the flow of
water in a receiving body of water.
Wetlands means those areas where
(1) the soil is ordinarily saturated with water; or
(2) the dominant plant community is one or more of those species
designated by the U.S. Army Corps of Engineers as identifying
wetlands or the transitional zone of wetlands; or
(3) the presence of one or more of those plant species designated by the
North Carolina Division of Coastal Management as identifying coastal
wetlands or the transitional zone of coastal wetlands.
Section 5.0: APPLICABILITY
(1) All development occurring after the effective date of this ordinance
within the Town of Oak Island must comply with minimum stormwater
control standards. All development must provide appropriate
infiltration devices to control runoff of the first 1.5 inches of rainfall or
less from all impervious surfaces on -site. Flow from gutters and
downspouts shall be diverted to dry wells or porous drain pipes in
rock envelope. For structures without gutters and downspouts, gravel
infiltration beds under roof overhangs shall be provided. Typical
designs of appropriate systems are provided for guidance in the
manual of stormwater management practices (see Section 11).
4-5

Applicants are encouraged to submit alternative management plans
that meet the requirements of this ordinance.
(2) Unless exempted pursuant to subsection (3) or granted a variance
pursuant to subsection (4), a Stormwater Management Plan must be
submitted and approved before:
(a) a plat is recorded or land is subdivided; or
(b) an existing drainage system is altered, rerouted, deepened.
(c) a building permit is issued.
(d) development is commenced.
(3) Exemptions: The following development activities are exempt from
the Stormwater Management Plan requirement:
(a) agricultural activity not involving the artificial drainage of land;
(b) any maintenance, alteration, use or improvement to an existing
structure not changing or affecting quality, rate, volume or
location of surface water discharge, and meets the
requirements of redevelopment.
(4) Variances: The Town of Oak Island may grant a written variance from
any requirement of this ordinance using the following criteria.'
(a) there are special circumstances applicable to the subject
property of its intended use; and,
(b) the granting of the variance will not:
(i) significantly increase or decrease the rate or volume of
surface water runoff;
(ii) have a significant adverse impact on an area "404
wetland", watercourse or waterbody.
(iii) significantly contribute to the degradation of water
quality;
(iv) otherwise significantly impair attainment of the objectives
of this ordinance.
4-6

Section 6.0: CONTENTS OF THE STORMWATER MANAGEMENT
PLAN
(1) It is the responsibility of an applicant to include in the Stormwater
Management Plan sufficient information for the Town of Oak Island or its
agents to evaluate the environmental characteristics of the affected areas,
the potential and predicted impacts of the proposed activity on area
surface waters, and the effectiveness and acceptability of those measures
proposed by the applicant for reducing adverse impacts. The Stormwater
Management Plan shall contain maps, charts, graphs, tables,
photographs, narrative descriptions and explanations and Citations to
supporting references, as appropriate, to communicate the information
required by this section.
(2) A Stormwater Management Plan for a single family or duplex residence
shall include:
(a) Name, address, and telephone number of the owner and
developer/builder.
(b) A sketch plan of the property showing its location with reference to
such landmarks as major waterbodies, adjoining roads, and
subdivisions.
(c) Location of floodplains.
(d) Location of existing vegetation
(e) Show new work on sketch plan including:
(i) Areas where vegetation will be cleared or otherwise killed.
(ii) Areas that will be covered with an impervious surface, and
description of the surfacing material.
(iii) Size and location of any buildings or other structures.
(iv) Show in general the location of the septic tank and disposal
field.
(v) Show in general the direction including any channels and
quantity of stormwater that will be collected on site.
(vi) Show the proposed infiltration system including the location,
size, and volume of storage provided.
4-7

(3) The Stormwater Management Plan for commercial development and major
residential development shall contain:
(a) The name, address, and telephone number of the owner and the
developer.
(b) Legal description of the property.
(c) Location with reference to such landmarks as major waterbodies,
adjoining roads, or subdivisions which should be identified by a map.
(d) The existing environmental and hydrologic conditions of the site and
of receiving waters and wetlands shall be described in detail,
including the following:
(i) the direction, flow rate, and volume of stormwater runoff under
existing conditions and, to the extent practicable, predevelopment
conditions;
(ii) the location of areas on the site where Stormwater collects or
percolates into the ground;
(iii) a description of all watercourses, waterbodies and wetlands on
or adjacent to the site or into which stormwater flows. Information
regarding their water quality and the current water quality
classification, if any, given them by the NC Division of
Environmental Management (NCDEM) shall be included;
(iv) groundwater levels, including seasonal fluctuations;
(v) location of flood plains;
(vi) vegetation;
(vii) topography to a minimum of 2-foot intervals;
(viii) soils as shown on the USDA Soil Survey of Brunswick County.
(5) Proposed alterations of the site shall be described in detail, including:
(a) changes in topography;
(b) areas where vegetation will be cleared or otherwise killed;
(c) areas that will be covered with an impervious surface and a
description of the surfacing material;
4-8

(d) the size and location of any buildings or other structures.
(6) Predicted impacts of the proposed development on existing conditions
shall be described in detail, including:
(a) changes in water quality;
(b) changes in groundwater levels;
(c) impacts on wetlands; and
(d) impacts on vegetation.
(7) All components of the drainage system and any measures for the
detention, retention, or infiltration of water or for the protection of water
quality shall be described in detail, including:
(a) the channel, direction, flow rate, volume and quality of stormwater
that will be conveyed from the site; with a comparison to existing
conditions and, to the extent practicable, pre development
conditions;
(b) detention and retention areas, including plans for the discharge of
contained waters, maintenance plans, and predictions of water
quality in those areas;
(c) areas of the site to be used or reserved for percolation including a
prediction of the impact on groundwater quality;
(d) a plan for the control of erosion and sedimentation which describes
in detail the type and location of control measures, the stage of
development at which they will be put into place or used, and
provisions for their maintenance;
(e) any other information that the developer or the Town of Oak Island or
its agents believes is reasonably necessary for an evaluation of the
development.
Section 7.0: PROCEDURES AND FEES
A. Any person planning a development as defined in this ordinance shall submit
a Stormwater Management Plan or an application for a variance to the Town
of Oak Island.

B. A permit fee will be collected at the time the Stormwater Management Plan is
submitted and will reflect the cost of administration and management of the
permitting process. The Town shall establish, by resolution a prorated fee
schedule based upon the relative complexity of the project. The fee schedule
may be amended from time to time by the Town Council by resolution.
C. Within thirty (30) days after submission of the completed Stormwater
Management Plan the Town shall approve, with or without specified
conditions or modifications, or reject the Plan and shall notify the applicant
accordingly. if the Town has not rendered a decision within thirty (30) days
after Plan submission, it shall inform the applicant of the status of the review
process and the anticipated completion date. If the Plan is rejected or
modified, the Town shall state its reasons. However, it is not the responsibility
of the Town or its designated agent to design an acceptable project.
D. The Stormwater Management Plan shall not be approved unless it clearly
indicates that the proposed development will meet the Performance
Standards described in Section Eight and the Design Standards described in
Section Nine, except where a variance has been granted pursuant to Section
Five, Subsection (d), or where off -site management is approved pursuant to
Section Ten.
E. Inspections: No Stormwater Management Plan may be approved without
adequate provision for inspection of.the property before development activity
commences. The applicant shall arrange with the Town's Building Inspector
or his designated representative for scheduling the following inspections:
(1) Initial Inspection: Prior to approval of the Stormwater Management Plan;
(2) Bury Inspection: Prior to burial of any underground drainage structure;
(3) Erosion Control Inspection: As necessary to ensure effective control of
erosion and sedimentation:
(4) Finish Inspection: When all work including installation of all drainage
facilities has been completed.
The Town Building Inspector or his designated agent shall inspect the work
and shall either approve it or notify the applicant in writing in what respects
there has been a failure to comply with the requirements of the approved
Stormwater Management Plan. The applicant shall promptly correct any
portion of the work that does not comply or the applicant will be subject to the
penalty provisions of Section Thirteen.
F. Appeals: Any person aggrieved by the action of any official charged with the
enforcement of this Ordinance, as the result of the disapproval of a properly
4-10

filed application for a permit, issuance of a written notice of violation, or an
alleged failure to properly enforce the Ordinance in regard to a specific
application shall have the right to appeal the action to the Town Council. The
appeal shall be filed in writing within thirty(30) days of the date of official
transmittal of the final decision or determination to the applicant, shall state
clearly the grounds on which the appeal is based, and shall be processed in
the manner prescribed for hearing administrative appeals under local and NC
General Statutes.
Section 8.0: PERFORMANCE STANDARDS
The Stormwater Management Plan must demonstrate the proposed development
or activity has been planned and designed and will be constructed and
maintained to meet each of the following standards:
(1) Ensure that after development, runoff from the site approximates the rate
of flow, volume and timing of runoff that would have occurred following the
same rainfall under existing condition&and to the extend practicable,
predevelopment conditions;
(2) Maintain the natural hydrodynamic characteristics of the watershed;
(3) Protect or restore the quality of ground and surface waters;
(4) Ensure that erosion during and after development is minimized;
(5) Protect groundwater levels;
(6) Protect the beneficial functioning of wetlands as areas for the natural
storage of surface waters and the chemical reduction and assimilation of
pollutants;
(7) Prevent increased flooding and damage that results from improper
location, construction and design of structures in areas which are presently
subject to an unacceptable danger of flooding;
(8) Prevent or reverse saltwater intrusion;
(9) Protect the natural fluctuating levels of salinity in estuarine areas;
(10) Protect the integrity of natural inter-dunal trough groundwater recharge
areas;
(11) Minimize injury to flora and fauna and adverse impacts to fish and wildlife
habitat;
4-11

(12) Otherwise further the objectives of this Ordinance.
Section 9.0: DESIGN STANDARDS
To ensure attainment of the objectives of this Ordinance and to ensure that
performance standards will be met, the design, construction and maintenance of
drainage systems shall be consistent with the following standards:
(1) Channeling runoff directly into waterbodies shall be strictly prohibited.
Instead, runoff shall be routed through vegetated swales and other
systems designed to increase time of concentration, decrease velocity,
increase filtration, allow suspended solids to settle, and remove pollutants.
(2) Natural watercourses shall not be dredged, cleared of vegetation,
deepened, widened, straightened, stabilized or otherwise altered. Water
shall be retained or detained before it enters any natural watercourse in
order to preserve the natural hydrodynamics of the watercourse and to
prevent siltation or other pollution.
(3) The area of land disturbed by development shall be as small as
practicable. An adequate barrier from construction activity shall protect the
areas that are not to be disturbed. Whenever possible, natural vegetation
shall be retained and protected.
(4) No grading, cutting or filling shall be commenced until erosion and
sedimentation control devices have been installed between the disturbed
area and waterbodies, watercourses and wetlands.
(5) Land that has been cleared for development and upon which construction
has not commenced shall be protected from erosion by appropriate
techniques designed to re -vegetate the area.
(6) Sediment shall be retained on the site of the development.
(7) Wetlands and other waterbodies shall not be used as sediment traps
during development.
(8) Erosion and sedimentation facilities shall receive regular maintenance to
insure that they continue to function properly.
(9) Artificial watercourses shall be designed, considering soil type, so that the
velocity of flow is low enough to prevent erosion.
(10) Vegetated buffer strips shall be created, or where practicable, retained in
their natural state along the banks of all watercourses, waterbodies, or
4-12

wetlands. The width of the buffer shall be sufficient to prevent erosion, trap
the sediment in overland runoff, provide access to the waterbody and allow
for periodic flooding without damage to structures. A 30-foot buffer is
required by CAMA rules (NCAC 7H.0209) for all coastal shorelines.
(11) Intermittent watercourses, such as swales, shall be vegetated.
(12) Retention and detention ponds shall he used to retain and detain the
increased and accelerated runoff which the development generates. Water
shall be released from detention ponds into watercourses or wetlands at a
rate and in a manner approximating the natural flow which would have
occurred before development.
(13) The first one and one-half (1.5) inch of runoff from impervious surfaces
shall be retained on the site of the development. Where site conditions,
such as soil conditions and slope permit, the use of preserved woods and
other on -site vegetated areas for on -site stormwater containment areas in
lieu of construction of devices is encouraged. The vegetated area must
meet the calculations contained in the Stormwater Management Manual.
(14) Detention and retention areas shall be designed so that shorelines are
sinuous rather than straight and so that length of shoreline is maximized,
thus offering more space for the growth of littoral vegetation.
(15) The banks of detention and retention areas shall slope at a gentle grade
into the water as a safeguard against drowning, personal injury or other
accidents, to encourage the growth of vegetation and to allow the alternate
flooding and exposure of areas along the shore as water levels periodically
rise and fall.
(16) The use of drainage facilities and vegetated buffer zones as open space,
recreation and conservation areas shall be encouraged.
Section 10.0: MANUAL OF STORMWATER MANAGEMENT PRACTICES
A. The Town of Oak Island shall compile a manual of Stormwater Management
Practices for the guidance of persons preparing Stormwater Management
Plans, and designing or operating drainage systems. The Manual shall be
updated periodically to reflect the most current and effective practices and
shall be made available to the public.
B. The Manual shall include guidance and specifications for the preparation of
Stormwater Management Plans. Acceptable techniques for obtaining,
calculating and presenting the information required in the Stormwater
Management Plans shall be described.
4-13

C. The Manual shall include guidance in the selection of environmentally sound
practices for the management of stormwater and the control of erosion and
sediment. Specific techniques and practices shall be described in detail. The
development and use of techniques that emphasize the use of natural
systems shall be encouraged.
D. The Manual shall also establish minimum specifications for the construction of
.drainage facilities. Construction specifications shall be established in
accordance with current good engineering practices.
E. The Building Inspector shall submit the Manual and subsequent revisions of it
to the Town Council and Planning Board for review and approval.
Section 11.0: MAINTENANCE
The Owner shall grant to the Town the right to enter to inspect and, if necessary,
to take corrective action should the owner fail to properly maintain the system.
Before taking corrective action, the Town shall give the owner written notice of
the nature of the existing defects. if the owner fails within thirty (30) days from the
date of notice to commencement corrective action or to appeal the matter to the
Town Council, the Town may take necessary corrective action, the cost of which
shall become a lien on the real property until paid.
Section 12.0: ENFORCEMENT
A. Nuisance: Any development activity that is commenced without prior
approval of a Stormwater Management Plan or is conducted contrary to an
approved Stormwater Management Plan as required by this Ordinance, shall
be deemed a public nuisance and may be restrained by injunction or
otherwise abated in a manner provided by law.
B. Civil and Criminal Penalties: In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions of this
Ordinance shall be punished by a fine of not less than One Hundred Dollars
($100) nor more than One Thousand Dollars ($1,000) or by imprisonment in
the county jail for a period not to exceed sixty (60) days, or by both such fine
and imprisonment. Such person shall be guilty of a separate offense for each
day during which the violation occurs or continues.
C. Any violator may be required to restore land to its undisturbed condition. In
the event that restoration is not undertaken within a reasonable time after
notice, the Town may take necessary corrective action, the cost of which shall
become a lien upon the property until paid.
4-14

D. Notice of Violation: When the Town Building Inspector determines that
development activity is not being carried out in accordance with the
requirements of this Ordinance, he shall issue a written notice of violation to
the owner of the property. The notice of violation shall contain:
(1) the name and address of the owner or applicant;
(2) the Street address when available or a description of the building
structure, or land upon which the violation is occurring;
(3) a statement specifying the nature of the violation;
(4) a description of the remedial actions necessary to bring the
development activity into compliance with this ordinance and a time
schedule for completion of such remedial action;
(5) a statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6) a statement that the Town's determination of violation may be appealed
to the Town Council by filing a written notice of appeal within fifteen (15)
days of service of notice of violation.
E. The notice of violation shall be served upon the person(s) to whom it is -
directed either personally, in the manner provided for personal service of
notices by the court of local jurisdiction or by mailing a copy of the notice of
violation by certified mail, postage prepaid, return receipt requested to such
person at his or he last known address.
F. A notice of violation issued pursuant to this section constitutes a
determination from which administrative appeal may be taken to the Town
Council.
Section 13.0: SEVERABILITY
Each separate provision of this Ordinance is deemed independent of all other
provisions herein so that if any provision or provisions of this Ordinance be
declared invalid, all other provisions thereof shall remain valid and enforceable.
MIR

Chapter 4A
GUIDE TO MANAGING AND CONTROLLING
STORMWATER RUNOFF
PURPOSE & INTENT
The purpose and intent of the "Guide to Managing & Controlling Stormwater
Runoff' is to provide guidance to persons preparing Stormwater Management
Plans and designing or operating drainage systems with regard to the most
effective practices available for controlling stormwater runoff.
The "Guide to Managing & Controlling Stormwater Runoff' encompasses
practical tips and suggestions for preparing stormwater management plans, as
well as acceptable techniques for obtaining,, calculating and presenting the
information required in all Stormwater Management Plans submitted to the Town
of Oak Island.
The Guide encourages and recommends stormwater management practices that
are not only environmentally sound but also those that seek to control erosion
and sediment by utilizing natural systems and processes when at all possible.
The Guide outlines specific techniques and practices for accomplishing these
management practices.
The Guide outlines the minimum specifications for the construction of drainage
facilities that have been established and reflect the most current and stormwater
management practices.
THE THREE BASIC OBJECTIVES OF THE TOWN OF OAK ISLAND
STORMWATER CONTROL ORDINANCE.
1. Protect the absorptive, purifying and retentive functions of natural
systems including the wetland areas, the inland waterway, and the Davis Creek
System.
2. Provide for post -development stormwater runoff characteristics that
resemble the conditions that existed before the site's alteration.
3. Retain the first one and one-half inches (1.5") of rainfall on private
property.
4A-1

• To protect and maintain the habitat of fish and wildlife; and
• To ensure the attainment of these objectives by requiring the approval and
implementation of stormwater management plans for all activities that may
have an adverse impact upon community waters.
WHAT IS STORMWATER?
Stormwater runoff is the rain that runs off streets, rooftops, parking lots, lawns
and other land surfaces. As development increases, more impervious surfaces
are created subsequently lessening the amount of rainfall that can soak into the
ground, subsequently increasing runoff, flooding and erosion.
Stormwater is not dean water! Stormwater picks up pollutants from a wide variety
of sources as it flows across land surfaces. These sources include sediment from
bare areas like construction sites, pesticides and fertilizers from lawns, parks and
roadsides; bacteria and other disease causing organisms resulting from pet
waste and failing septic systems. Stormwater is also contaminated by oil and
grease from car leaks, gas stations and industrial areas; toxic chemicals from
leaks, spills and auto wear and exhaust. These chemicals can be the result of
accidents or illegal dumping.
Stormwater, when uncontrolled, can run onto public streets, private property and
waterways creating differing problems for property owners and the overall
community alike. Stormwater, once polluted, is rarely treated, especially in
situations involving direct runoff from private residences. The contaminated
stormwater can enter into our streams, lakes and coastal waters resulting in
contamination of public drinking water supplies or shellfishing waters; prohibitions
on swimming, fishing or boating uses and can even prove harmful to aquatic
plants and animals.
The Town Council of the Town of Oak Island finds that uncontrolled drainage
development of land could have a significant adverse impact upon the health,
safety and welfare of the community. More specifically,
• Stormwater runoff can carry pollutants into receiving water bodies, degrading
water quality and effect in closures of shellfishing waters;
• The increase in nutrients such as phosphorus and nitrogen accelerates
eutrophication of receiving waters, adversely affecting flora and fauna;
• Improperly channeling water increases the velocity of runoff, thereby
increasing erosion and sedimentation;
• Construction requiring the alteration of natural topography and removal of
4A-3

WHY MANAGE STORMWATER?
Many of our daily activities and uncontrollable weather conditions have a
significant impact on our community as a whole. Polluted stormwater runoff can
adversely affect each and every citizen, no matter where they live within the
community, if preventive management and control techniques are not
implemented throughout the community. By following a few simple guidelines, we
can all contribute and insure that our drinking water and local swimming and
fishing areas are suitable for use. The "solution to pollution" regarding
stormwater runoff lies with each and every property owner in Oak Island.
In order to protect, maintain, and enhance both the immediate and the long term
health, safety and general welfare of the citizens of the Town of Oak Island, NC
the Stormwater Control Ordinance has been enacted in order to attain the
following objectives:
To encourage productive and enjoyable harmony between humanity and
nature;
• To protect and maintain the chemical, physical, and biological integrity of
wetland ponds and waters of Davis Creek System, the inland waterway
and the Atlantic Ocean;
• To prevent individuals and organizations from causing harm to the
community by activities that adversely affect water resources;
• To encourage the construction of drainage systems that are not only
aesthetic but are also for functionally appropriate natural Systems;
• To encourage the protection of natural systems and the use of them in
ways that do not impair their beneficial functioning;
• To minimize the transport of pollutants to area surface waters;
• To maintain groundwater levels;
• To protect and maintain natural salinity levels in estuarine areas;
• To minimize erosion and sedimentation;
• To prevent damage to wetlands;
• To prevent damage from flooding, while recognizing that natural
fluctuations in water levels are beneficial;
4A-2

vegetation tends to cause a loss of natural areas and increase erosion;
• Siltation of water bodies resulting from increased erosion decreases their
capacity to hold and transport water, and harms flora and fauna;
• Impervious surfaces increase the volume and rate of stormwater runoff and
allows less water to percolate into the soil, thereby decreasing groundwater
recharge;
• Improperly managed stormwater runoff can increase the incidence of flooding
and the level of floods that occur, endangering property and human life;
• Improperly managed stormwater runoff can interfere with the maintenance of
optimum salinity in estuarine areas, thereby disrupting biological productivity;
• Substantial economic losses result from these adverse impacts on community
waters;
• Many future problems can be avoided if land is developed in accordance with
sound stormwater runoff management practices.
THE STORMWATER MANAGEMENT PLAN
All development within the Town of Oak Island occurring after January 1, 1997
must comply with the minimum stormwater control standards as set forth within
the Town of Oak Island Code of Ordinances. All development must comply with
the following requirements:
1) Provide appropriate infiltration devices to control runoff of the first 1.5
inches of rainfall or less from all impervious surfaces on the developed
area.
2) Insure that water flow from gutters and downspouts is diverted to dry wells
or porous drain pipes within a rock envelope. For structures without
gutters and downspouts, gravel infiltration beds under roof overhangs
must be in place to control runoff.
A Stormwater Management Plan must be submitted to the Town of Oak Island
Building Inspections Department and approved by the same before, unless the
requirement of submittal of a Stormwater Management Plan is exempted or the
Town of Oak Island has granted a variance from the requirement.
1) a plat is recorded or land is subdivided; or
2) an existing drainage system is altered, rerouted, or deepened.
3) a building permit is issued.
4) a development is commenced.
*NOTE: The following development activities are exempt from the Stormwater
Cy:Q1

Management Plan requirement:
1) agricultural activity not involving the artificial drainage of land;
2) any maintenance, alteration, use or improvement to an existing
structure not changing or affecting the quality, rate, volume or location
of surface water discharge, and meets the requirements of
redevelopment.
The Town of Oak Island may grant a written variance from any requirement of
this ordinance using the following criteria:
1) there are special circumstances applicable to the subject property of
its intended use, and,
2) the granting of the variance will not;
(a) Significantly increase or decrease the rate or volume of surface
water runoff;
(b) Have a significant adverse impact on an area "404 wetland",
watercourse or waterbody.
(c) Significantly contribute to the degradation of water quality;
(d) Otherwise significantly impair attainment of the objectives of
this ordinance.
STORMWATER MANAGEMENT PRACTICES
Each lot is allowed have up to 30% of its total area covered with impervious
surfaces (such as roofs and concrete driveways) without submitting a storm
water containment plan.
If the proposed work makes the total impervious area over 30%, the following
items must be presented:
1) A drawing of the lot with the dimensions of the lot to be built upon.
2) The size and square footage of each building or covered area on
the lot.. (Also include driveways, slabs, and sidewalks, and any
other impervious surfaces.)
Work that is included in this ordinance is a new residence, an addition, a
driveway, storage building, garage, patio, sidewalk, or carport.
If the total impervious surfaces of the lot will exceed 30% of the total lot size, a
drawing and calculations must accompany the plans and permit application.
Surveyors and engineers typically do these drawings and calculations.
Containment devices may be swales which are fully vegetated, or perforated .
pipe. Swales may be in more than place, as long as the total lineal footage of the
containment devices is equal to the total required footage. In every case, the first
11/2 inches of rain must be contained on the lot
4A-5

Will gutters be used? If so include calculations of how the run-off will be
contained. A 24" x 24" pad under each downspout and a vegetated swale type
containment structure for the downspout runoff are typically required. If no
permanent vegetated swale is available, a 3' x Tx 3' French drain filled with #57
stone may be used with the downspout turned into it.
If no gutters are used, and the total impervious surfaces of the lot is not in
excess of 30% of the lot area, a stone bed may be used in lieu of other
containment structures. The stone must be spread under the overhang and
centered under the drip line. The area under decks, and gable ends does not
require this stone bed. The minimum size required for a single story is 18" x 6"
deep. For over one story, the minimum size is 24" x 6". The outfall from these
beds must not drain to the street.
NOTE:
The attached sheets contain some recommended and approved containment
structures. Rock fill reduces the holding capacity by 2/3, multiply the required
length by 3. One Cubic Foot of water holds 7.5 Gallons. 1 Y2' water per Square
Foot = 1 Gallon.
DEFINITIONS
Unless specifically defined in this glossary, words and phrases within the "Guide
to Managing Stormwater Runoff' shall be interpreted so as to give them the
meaning they have in common usage and to give the recommendations
contained within this Guide and the Ordinance it represents its most effective
application.
Words used in the singular tense shall include the plural and vice -versa; words
used in the present tense shall also include the future tense. The word "shall"
connotes mandatory and not discretionary; the word "may" is permissive.
ADVERSIVE IMPACTS: Any modifications, alterations or effects on a feature or
characteristic of community waters or wetlands that are or may be potentially
harmful or injurious to human health, welfare, safety or property, to biological
productivity, diversity, or stability or that unreasonably interfere with the
enjoyment of life or property, including outdoor recreation. These changes may
include their quality, quantity, hydrodynamics, surface area, species composition,
living resources, aesthetics or usefulness for human or natural uses The term
includes secondary and cumulative as well as direct impacts.
CLEARING: The cutting and removal of trees and brush from the land but shall
not include the ordinary mowing of grass.
DETENTION: The collection and storage of surface water for subsequent
4A-6

gradual discharge.
DEVELOPER: Any person that engages in development either as the owner or
as the agent of an owner of property.
DEVELOPMENT OR DEVELOPMENT ACTIVITY:
1. The construction, installation, alteration, demolition or removal of a
structure, impervious surface, or drainage facility; or
2. The clearing, scraping, grubbing, or otherwise removing or killing the
vegetation of a site; or
3. The adding, removing, exposing, excavating, leveling, grading, digging,
burrowing, dumping, piling, dredging, or otherwise significantly disturbing
the soil, mud, sand or rock of a site.
DRAINAGE FACILITY: Any component of the drainage system.
DRAINAGE SYSTEM: The system through which water flows from the land. It
includes all watercourses, waterbodies and wetlands.
EROSION: The wearing or washing away of soil by the action of wind or water.
FLOOD: The temporary rise in the level of any waterbody, watercourse or
wetland that results in the inundation of areas not ordinarily covered by water.
GRUBBING: The removal and disposal of stumps and roots of vegetation.
IMPERVIOUS SURFACE: A surface that has been compacted or covered with a
layer of material so that it is highly resistant to infiltration by water. It includes
semi -impervious surfaces such as compacted clay, as well as most
conventionally surfaced streets, roofs, sidewalks, parking lots and other similar
structures but not including decking.
NATURAL SYSTEMS: Systems that predominately consist of or use those
communities of plants, animals, bacteria and other flora and fauna that occur
indigenously on the land, in the soil or in the water.
OWNER: The person in who is vested the fee ownership, dominion, or title of
property; the proprietor of a lot or parcel of land. This term may also include a
tenant, if chargeable under his lease for the maintenance of the property, and
any agent of the owner or tenant including a developer.
PERSON: Any and all persons, natural or artificial to include any individual, firm
corporation, government agency, business trust, estate, trust, partnership,
association, two or more persons having a joint or common interest or any other
legal entity.
4A-7

RE -DEVELOPMENT CONDITIONS: The conditions that existed before
alteration, resulting from human activity, of the natural topography, vegetation
and rate, volume or direction of surface or ground water flow, as indicated by the
best available historical data.
RECEIVING BODIES OF WATER: Any waterbodies, watercourses or wetlands
into which surface waters flow either naturally, in manmade ditches or in a closed
conduit system.
REDEVELOPMENT: Any rebuilding activity that has no net increase in built upon
area or that provides equal or greater stormwater control than the previous
development
RETENTION: The collection and storage of stormwater runoff without
subsequent discharge to surface waters.
SEDIMENT: The fine particulate material, whether mineral or organic, that is in
suspension or has settled in a waterbody.
SEDIMENTATION FACITLITY: Any structure or area that is designed to hold
runoff waters until suspended sediments have settled.
S ITE: Any tract, lot or parcel of land or combination of tracts, lots or parcels of
land that are in one ownership, or are contiguous and in diverse ownership
where development is to be performed as part of a unit, subdivision, or project.
STORMWATER MANAGEMENT PLAN: The detailed analysis required by
Section six (6) for each activity described in Section five (5) of this manual.
STRUCTURE: That which is built or constructed, an edifice or building of any
kind, or any piece of work artificially built up or composed of parts joined together
in some definite manner but shall not include fences or signs.
SUBDIVIDE: To divide the ownership of a parcel of land, whether improved or
unimproved, into two or more contiguous lots or parcels of land, whether by
reference to a plat, by metes and bounds or otherwise, in accordance with Town
of Oak Island regulations.
VEGETATION: All plant growth, especially trees, shrubs, vines, ferns, mosses
and grasses.
WATERS OR COMMUNITY OF WATERS: Any and all water on or beneath the
surface of the ground to include the water in any watercourse, waterbody or
drainage system, as well as any diffused surface water and water percolating,
standing or flowing beneath the surface of the ground, and coastal waters.
4A-8

WATERCOURSE: Any natural or artificial stream, river, creek, channel, ditch,
canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or
wash in which water flows in a definite direction, either continuously or
intermittently, and that has a definite channel, bed or banks.
WATERBODY: Any natural or artificial pond, lake, reservoir or other area that
ordinarily or intermittently contains water and that has a discernible shoreline.
WATERSHED: A drainage are or drainage basin contributing to the flow of
water in a receiving body water.
WETLANDS: Those areas where:
1. the soil is ordinarily saturated with water: or
2. the dominant plant community is one or more of those species designated
by the U.S. Army Corps of Engineers as identifying wetlands or the
transitional zone of wetlands.
3. the presence of one or more of those plant species designated by the
North Carolina Division of Coastal Management as identifying coastal
wetlands or the transitional zone of coastal wetlands.
4A-9

Town of Oak Island
Development Services Department
Stormwater Runoff Management Worksheet
Owner:
Contractor:
Address:
Tax Parcel ID Number:
1. Lot size:
Width:
Depth:
Total lot area:
2. 30% of total lot area:
Impervious Surfaces
Dimensions
Square footage
3. Building, including
overhangs:
4. Garage:
5. Driveway (to property line):
6. Sidewalks:
7. Shed:
8. Other impervious surfaces:
9. Other impervious surfaces:
10. TOTAL IMPERVIOUS
SURFACES
If the total impervious surtaces (line i u) is less inan ine Hsu"/o aiiowea tune /-), a
rock bed under the eves as described on the preceding page is accepatble.
If the total impervious surfaces (line 10) is more than the 30% allowed (line 2), a
licensed surveyor or engineer may design the containment devices and supply
the appropriate calculations, or an appropriate design may be selected from the
accompanying chart.
4A-10

STORMWATER RUNOFF CONTROL TABLES
Impervious. CIF Volume Gallon
s
Surface 1 1 112 Rain
(over 30%)
0
50
100
150
200
250.
300
350
400
450
500
1000
1250
1500
1750
2000
2250
2500
2750
3000
0.0 0.0
6.3 46.9
12.5 93.8
18.8 140.6
25.0 187.5
31.3 234.4
37.5 281.3
43.8 328.1
50.0 375.0
56.3 421.9
62.5 468.8
93.8 703.1
125.0 937.5
156.3 1171.9
187.5 1406.3
218.8 1640.6
2.50.0 1875.0
281.3 2109.4
312.5 2343.8
343.8 2578.1
375.0 2812.5
TABLE B
SWALE CONSTRUCTION LINEAL FEET REQUIRED
Swale (depth x width)
SIZE
1 6"x5'
6"x8'
6"x12'
12"x5'
12"x8'
12"x
x 8'
18"x12'
.
12'
[1�5'
118"
0
0
0
0
0
0
0
0
0
5
3
2
3
2
1
2
1
1
10
6
4
5
3
2
3
2
1
15
9-
6
8
5
3
5
3
2
20
13
8
10
6
4
7
4
3
25
16
10
13
8
5
8
5
3
30
19
13
15
9
6
1 10
6
4
35
22
15
18
11
7
12
7
5
40
25
17
20
13
8
13
8
6
45
28
19
23
14
9
.15
9
6
50
31
21
25
16
10
17
10
7
75
47
31
38
23
16
25
16
10
100
63
42
50
31
21
33
21
14
125
78
52
63.
39
26
42
26
17
150
94
63
75
47
31
50
31
21
175
109 j
73
88
55
36
58
•36
24
200
125
83
100
63
42
67
42
28
225
141
- 94
113
70
47
75
47
31
250 1
156 1
104
125
78
52
83
52
35
275
172
115 1
138
86 1
57
92
57
38
300
188
125 1
1.5O 1
%1 1
r,-4
1nn
a�
A'I

Chapter 5
PROTECTION OF SAND DUNES
Article I. In General
Section 1.1 Purpose.
Barrier dunes are the first lines of protection against hurricanes, seasonal
storms, and other erosion forces generated by the Atlantic Ocean. This article will
preserve and promote the protection of the banks and shores of the town by
maintaining the natural and constructed dunes as a protection against the
eroding effect of sand, wind and water. This article is intended to protect the
health, safety and general welfare of the residents and visitors to the town. It is
also designed to protect public and private property
Section 1.2 Authority.
G.S. Chapter 104B. Article 3. Section 1048-3 et seq. formerly authorized units of
local government to enact individual ordinances for the protection of primary
dunes. That statute has been repealed and the North Carolina Coastal
Management Act of 1974 has authorized the coastal resources commission to
develop regulations for the protection of the Stare's dunes and other areas of
environmental concern. Local units of government are allowed a role in the
permit process under the act.
Section 1.3 Compliance with ordinance.
Failure to comply with this article shall be considered as a failure to comply with
the provisions of the Coastal Area Management Act and shall be punishable
upon conviction by fine or imprisonment as provided by the state statutes. The
town reserves the right to be a party to the prosecution of all offenders and may
use all authorized remedies such as mandatory injunction and restraining orders
to aid in enforcement. The town will be recognized as a minor permit -letting
agency.
Section 1.4 Exemptions.
Exempted from this article are the removal of sand, seashells or similar materials
for souvenirs in amounts that can be carried on the person and damage caused
by rescue vehicles attempting emergency access to the ocean beach.
Section 1.5 Exceptions.
Any variances or regulation changes by CAMA shall alter the regulations outlined
in this article.
5-1

Section 1.6 Territorial applications.
This article shall apply to dunes, both natural and constructed, and the vegetation
thereon located in the area described as follows: that are situated south of Beach
Drive, beginning at the Lockwoods Folly Inlet and extending east to 58t' Street
East; situated south of the south ends of streets not connected to Beach Drive
between 58t' Street East and 76t' Street East; situated of Ocean Drive from 79'
Street East to the town limits; and situated from a distance landward of two
hundred fifty (250) feet from the first line of stable vegetation between 58t' Street
East and 79t' Street East.
Section 1.7 Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. Definitions and requirements of this article shall be
interpreted to be the same as those recognized by the state coastal resources
commission.
CAMA. The Coastal Area Management Act of 1974 as amended (G.S. section
113A-100 et seq.).
CRC. The state coastal resources commission.
Frontal dunes. In areas where there is a primary dune, that dune shall be
deemed to be the frontal dune. Where there is no primary dune, the frontal dune
is deemed to be the first mound of sand located landward of the ocean beach
having sufficient vegetation, height, continuity and configuration to offer
protective value. Manmade mounds, seaward of the natural line of frontal dunes
and dunes created after June 1, 1979, shall not be considered to be frontal or
primary dunes.
High -Hazard Flood Area. This is the area subject to high velocity waters ,
including, but not limited to, hurricane wave wash in a storm having a one (1)
percent chance of being equaled or exceeded in any given year, as identified as
zone V1-30 on the flood insurance rate maps of the Federal Insurance
Administration, U.S Department of Housing and Urban Development. In the
absence of these rate maps, other available base flood elevation data prepared
by a federal, state, or other source may be used, provided the data source is
approved by the CRC.
Inlet Hazard Area. The inlet hazard areas are those lands, identified by the
state geologist, having a substantial possibility of excessive erosion and which
are located adjacent to inlets. This area shall extend landward from the mean low
water line a distance sufficient to encompass that area within which the inlet will,
based on statistical analysis, migrate, and shall consider such factors as previous
5-2

territory, structurally weak areas near the inlet (such as an unusually narrow
barrier island, an unusually long channel feeding the inlet, or an overwash area),
and external influences such as jetties and channelization. Loie J. Priddy and
Rick Carraway (September 1978) identify these areas as recommended inlet
hazard areas in the report to the CRC entitled Inlet Hazard Areas. In all cases,
this area shall be an extension of the adjacent ocean erodible area and in no
case shall the width of the inlet hazard area be less than the width of the
adjacent ocean erodible area.
Major development. Any development which requires permission, licensing,
approval, certification or authorization in any form from the environmental
management commission, the department of human resources, the state
department of natural resources and community development, the state
department of administration, the state mining commission, the state pesticides
board, the state sedimentation control board, or any federal agency or authority;
or which occupies a land or water area in excess of twenty (20) acres; or which
contemplates drilling for or excavating natural resources on land or underwater;
or which occupies on a single parcel a structure or structures in excess of a
ground area of sixty thousand (60,000) square feet.
Major permit officer. An employee of the state's division of coastal
management.
Minor development. Any development other than a major development.
Minor permit officer. The director of the Development Services Department of
the town or a designee.
Ocean beaches. Ocean beaches are lands consisting of unconsolidated soil
materials that extend from the mean low water line landward to a point where
either the growth of vegetation occurs or a distinct change in slope or elevation
alters the configuration of landform, whichever is farther landward.
Ocean erodible area. This is the area in which there exists a substantial
possibility of excessive erosion and significant shoreline fluctuation. The
seaward boundary of this area is the mean low water line. The landward extent of
this area is determined as follows:
(1) A distance landward from the first line of stable natural vegetation to
the recession line that would be established by multiplying the long-
term annual erosion rate (as most recently determined by the CRC)
times thirty (30), provided that where there has been no long-term
erosion or the rate is less than two (2) feet per year, this distance
shall be set at sixty (60) feet landward from the first line of stable
natural vegetation (58th St. SE and Beach Dr., west to Lockwoods
Folly Inlet).
5-3

(2) A distance landward from the recession line established in
subparagraph (1) of this paragraph to the recession line that would be
generated by a storm having a one (1) percent chance of being
equaled or exceeded in any given year.
Primary Dunes. Primary dunes are the first mounds of sand located landward of
the ocean beaches having an elevation equal to the mean flood level (in a storm
having a one (1) percent chance of being equaled or exceeded in any given year)
for the area plus six feet. The primary dune extends landward to the lowest
elevation in the depression behind that same mound of sand (commonly referred
to as the dune trough).
enforcement,
Section 2.1 Designation of shoreline protection officer.
The director of the development services department of the town or his designee
shall be the Shoreline Protection Officer. The town manager is directed to
determine the training necessary for such responsibilities and to locate such
training and assign the designated officer to complete such training at the town's
expense. The shoreline protection officer may utilize the services of the town
attorney, town engineer, and police chief, provided that these services are
approved by the town manager.
Section 2.2 Prohibition of alteration or damage sand dunes and
vegetation; penalties.
It shall be unlawful for any person to damage, alter or materially weaken any
sand dune in the protected area without first having obtained a permit from the
town or the state, depending on the scope of the project. These restrictions shall
include the destruction or removal of trees, shrubbery, or other vegetation from
these sand dunes. Offenders shall be subjected to a one thousand dollar
($1.000.00) fine for each offense and required to repair all damage. Failure to
pay the assessed fine subjects the offender to legal action outlined in section 1.3.
Section 2.3 Requirement for permit to alter dune
Permits called for in this article shall be requested on a standard form provided to
the applicant by the shoreline protection officer. The provision of the required
information and compliance with the requirements of this article shall be the basis
for issuing a permit.
Fees for dune alteration permits are set in the town's fee schedule.
5-4

The permit process to be followed in the town that involves any form of dune
alteration or damage and vegetation damage or removal shall be as follows:
(1) The applicant must obtain an application for dune alteration from the
shoreline protection officer;
(2) The application must be completed and returned to the shoreline
protection officer with the following information attached: a scaled drawing
showing the exact distances of existing structures and/or proposed
structures (to include walkways), dune elevations (approximate), and the
vegetation line;
(3) The applicant shall notify abutting property owners via letter of the
application for dune alteration. The property shall also be posted by the
shoreline protection officer with a statement that an application is being
processed. Both forms of notice will identify the final date for comment;
(4) Within seven (7) working days of receipt of the application, the shoreline
officer shall make a decision on whether to permit the alteration after
visiting the site. The above seven (7) days is only applicable if no CAMA
permit is required. If a CAMA permit is required, the dunes permit will be
issued at the same time the CAMA permit is issued:
(5) If the shoreline protection officer decides to permit the requested
alteration, the property is again posted specifying the alterations permitted
and the abutting property owners are advised of the decision by mail.
Opposing interests have ten (10) working days to appeal the decision. The
applicant is immediately notified of the appeal;
(6) If the shoreline protection officer does not issue the permit, the applicant
has thirty (30) days to appeal the decision;
(7) If no appeals are made within ten (10) days of the shoreline protection
officer's decision to approve the applicant's request, the shoreline
protection officer shall approve the application, meet with the applicant or
his representative at the site to discuss the alterations and any conditions
imposed on the request. The actual work at the site must be viewed by the
shoreline protection officer;
(8) The shoreline protection officer is required to visit all permitted alteration
sites during the next planting season to determine if proper refurbishment
has been completed. Failure of the applicant to properly refurbish the
dune will subject said applicant to the penalties and fines process
specified in section 9-404;
5-5

(9) No alteration or construction shall be allowed during the appeals process.
Section 2.3 Criteria for issuance of permits.
The shoreline protection officer in determining the type of activities that will be
permitted shall use the following criteria.
(1) Sand cannot he moved landward in the ocean erodible area:
(2) . The shoreline protection officer may approve the redistribution of
sand from one property to an adjacent property provided that the
following conditions are met:
(a) All property owners involved are in agreement;
(b) The sand to be redistributed prohibits the use of the property or
will cause
prohibitive development costs:
(c) The removal will not substantially reduce the dune structure's
ability to protect the property from the eroding effects of sand,
wind and water;
(d) The deposit of sand on the adjoining property will strengthen that
dune structure;
(3) No structure other than walkways that are constructed by proper
permit will be allowed on the ocean beach. All oceanside walkways
and steps constructed after November 10, 1999 in the public trust
area are considered temporary and subject to removal. Construction
of walkways and steps shall conform to the engineering drawings
contained in Attachment A.;
(4) If dune vegetation is destroyed or damaged, the dune must be re -
vegetated by the first planting season after the vegetation was
disturbed or removed (January 1-April 15). If the shoreline protection
officer determines that temporary stabilization is needed until new
vegetation matures, he may order interim steps that may include but
is not limited to sand fences, sodding, and hay cover;
(5) If grading is permitted, the resulting dune structure must equal or
exceed the mean mass dune structure that existed prior to grading;
(6) Beach front homes must include a walkway over the sand dunes to
the ocean;
(7) All structures must be built in a manner that considers the natural
contours of the lot area. No structure may be built closer than sixty
(60) feet landward from the first visible line of vegetation;
5-6

(8) No alteration will be permitted that will potentially increase flood
damage;
Section 2.4 Appeals procedure.
The applicant or any property owner, who feels that he is being denied
reasonable use of his/her property or feels that his property is subject to damage
as a result of the decision of the building inspector, may appeal the decision
directly to the town board of adjustment.
As provided in the general statutes any decision by the board of adjustment is
subject to review by the superior court in the county upon appeal by an adversely
affected party of the decision.
The appeals process is described below:
(1) Notice of appeal is filed in writing to the building inspector with a fee
as set in the town's fee schedule;
(2) All affected parties are notified of the appeal by the chairman of the
board of adjustment and a date for a public hearing on the matter is
set;
(3) After the hearing has been properly advertised and concerned parties
notified via mail. the chairman convenes the public hearing at the
appointed time;
(4) Once the hearing is convened, the shoreline protection officer will
present the facts in the case. Afterward, the applicant and/or other
affected parties may present their position;
(5) The board may reverse or affirm, wholly or partly, or may modify the
action appealed from, and shall make such order, requirement,
decision or determination as in its opinion ought to be made based on
the facts presented in the case and applicable law;
5-7

Attachment A
Construction Requirements for Oceanside Walkways
and Steps
s-s

' � i .I. I �
1 •,J 'aty{.L 11 �:I/!j�,.r �1 r�tl�� :1: —. ir.� rl 'I ..W.—jl+ r...1 �:�i....v .I. ... r ... .• .: i• j� v —�� `• • —
17
46
i .;/ ^It:fi"lid' .... �!'i1:1 .. �_-i!.�.�: _' �. r-i„�rli� J =.µ• 11 f - is 1
. ,,,ii:ilSC•�.tg,��
y1 �`; • , Y � ti V d
�11YITWlY{UIYIj��•'
pf11 / I LAy '
1900
m
LOCATION DI= 5�"�it;5 �o r�� c�N l; D� SpAN �s %df#
C'IJ
D
Af T1� V&WT1DN o� NDIII� WN�� �` y k>: �T�
o�J��e
f 2 X I
NQ2055 � � N N G�'p558i� ��
Lu lu lu .
�- lulu
S
UMW M5IPeN
�c. P -AN Vl�w 151ANPCANM�V�P\
ANP ACC�55

[ED _rl
YA*­­
c� r
Ile
H 900
,saV�,,,;, " E op«
-. 12�9f99
5r�� �npw� ror� s1�pff\Atn FWM n CK ML
F01'. EASE �MOVAL
-- KAN�GJI, 5" -MAX..
30MIN, FROM FI.00f;
CLEAR WInTN OF
f�2WX126�i1RA�Op.
�ALN MIN
5/8"�r301. 'f�X 4"0� 6 X 611�ISE�N��81/9
" X 61
2' TI�A�7 pll.�
V�AtP PILE �.
ATMI75f'AN 5`MAX,,--_.:_
OF 51'AIpS �Mf3�nMENT­
�mP0W\Y-5fAlP\'5 F01? OAK 15f.ANP
9

'ice :.L:- _ .1r :ii' �). ems...... �:;,7, l.l'..v<�.1:%.i... ��. -.:li/ �:ii: t`I, v.. .... �...: �:1 � v •�'--
i 1�.. i{/Lt1J v: i•�..—�•C:I�IJ % �7� •. '.vs • l ry
i.),s�''t'� ►1r1 ��; ' 'pia
"+9EA�
Fy
U1511W 5VIOUN't"
5Yp MAtP • MoQp JOSS 6 I6" ! cf5
,7/ 8".0 POL-f5 @: 2' aNfVpS f. A1'fAC1-f PAW��,:.•
POU L�. 11
O'
EACH 2" XI 2 6RM 5W -V�
�1. IM)l f5 5/ 8:1-' 0 VM-1
WITH WA5H�P\ AM19 NU
XB• �XI5�1 �� ..
�5
PU'HAUNCH
5M VIEW
MOW VIEW
Not to 5cale

•j �u t?s^l:_t;ir
-St �lJiCiwr•� ::?C'.l, :I1� •7
r��I+;k':.�.;a'•� ia.. �fii17� i v LU)2 %':-1_I;.� �''•i: I,'. i 'i i i.-::..
�ACH.gK
fi&V POLT5
(-TV
PC? A
• / - t�/ w
LA
13
/*
13
F�v�
V♦� a �04.4.a6 4 �0
XC iiN
® yadaIrlrrstta► e�
211 X 1011 13
8" x all pII.ING C 1 YPICAI,)
OP\, P\UUNP PUS
TYPI ALX-6RACN

CHAPTER 6
LAND CLASSIFICATION MAP
The coastal management Land Classification System is a means of assisting in the
implementation of Oak Island's land use plan policies. It allows the Town and its
residents and property owners to specify those areas where certain policies apply. The
Land Classification System is intended to complement the Land Use and Coastal
management Policies and is supported by the Town's locally adopted codes and
programs, such as zoning, subdivision regulations, and capital investment plans. Even
though specific areas are outlined on the Land Classification Map, the map is not a
regulatory mechanism like the zoning map. It is simply a tool to help implement policies.
The attached Land Classification Map is a combination of the maps in the Long Beach
and Yaupon Beach plans. The Yaupon area of the map is modified to include the more
detailed land classification categories of the Long Beach map. However, the areas
classed as developed and conservation in the Yaupon area are the same as those in the
adopted plan.
The map contains the following land classifications:
Developed
■ Residential (DR)
■ Commercial (DC)
Limited Transition (LT)
Conservation
Provisional Conservation
These classes are explained below.
DEVELOPED
The Developed class is intended to provide for continued intensive development and
redevelopment of the community. Areas meeting the intent of this class are currently
urban in character and are provided with usual municipal services. Usual municipal
services include water, sewer, recreational facilities, streets and roads, police and fire
protection. Areas included in the Developed class have mixed uses at moderate to high
densities.
6-1

The areas classed as Developed in Oak Island are provided the full range of urban
services with the exception of wastewater treatment. It is the Towns policy to plan and
build a wastewater collection and treatment system to serve the entire community.
The Developed class is subdivided into the Developed -Residential and Developed -
Commercial classes. These subclasses are described below.
Developed -Residential (DR)
The major land use in the Developed -Residential (DR) subclass is residential. As
described above, these areas are provided with urban services except for wastewater
treatment. Most of the residentially zoned and subdivided land on the island is included
in this class. Densities in the DR class, because these areas are fully subdivided, are
expected to be in the range of 5 to 7 dwelling units per acre. The typical uses expected in
the DR class are listed below:
Typical Uses in DR
Single-family residences and accessory uses
Duplexes
Schools and churches
Public parks, playgrounds, and community centers
Private marinas and piers
The Oak Island zoning ordinance determines specific uses permitted in this class.
Developed -Commercial (DC)
The predominant land use in the Developed -Commercial (DC) class is retail and services.
Like the DR class, DC is served by all urban services except sewer. The typical lot size
is 6,000 square feet. Current development practices will require combination of lots to
construct commercial facilities and to provide adequate off-street parking.
The areas classed as DC are concentrated in the commercial strip along East Oak Island
Drive, from 64"' Street east and 47 h Street East, and extends south from Oak Island Drive
to East Beach Drive between 52nd Street East and 48 h Street East. This area is consistent
with the TowWs current zoning map.
Tvnical Uses in DC
Retail sales
6-2

Personal and professional services
Banks
Convenience stores
Restaurants
Service stations
Commercial piers and marinas
Residences
The specific uses permitted in the DC class are determined by the Oak Island zoning
ordinance.
LEMTED TRANSITION (LT)
The Limited Transition (LT) class is intended for areas that will experience increased
development during the planning period and will have some services but not the full
range of urban services. Except for Areas of Environmental Concern and "404".
wetlands, the Town% extra territorial jurisdiction (ETJ) on the mainland is included in the
LT class. The ETJ area for the new Town of Oak Island is smaller than the ETJ of the
former Town of Long Beach. The smaller ETJ results from the incorporation of the the
Town of St. James. The Town of St. James is within the planning jurisdiction of
Brunswick County.
The land area included in the LT class on the mainland exceeds the amount of land that is
required by the Town's 10-year population projection. However due to several factors,
the LT class is the appropriate land classification to allow the Town to properly plan for
future land uses. These factors include the following:
1. No matter which corridor is selected, construction of the Second Bridge and the
connector to NC 211 will increase the probability of development in the Town's
mainland ETJ.
2. All of the soils in the ETJ have severe limitations for septic tanks, making
development without either public or private central wastewater treatment a potential
continuing water quality problem.
3. Water and sewer service is available in Town of St. James Plantation. These services
could be extended into the remaining areas of the ETJ
4. The presence of environmentally sensitive lands, which are classed Conservation,
make cluster development an appropriate development pattern.
Residential densities are expected to be modest, approximately 2.5 dwelling units per net
developed acre, generally exclusive of amenities. Uses in the LT area may include the
6-3

full range of housing types --single-family, duplex, and multifamily —community
businesses, and services. The use of residential clustering and flexible site planning is
encouraged. Business and service uses will be guided to "village clusters" at major
intersections along the Second Bridge Corridor Access Road.
The specific uses permitted in the LT area will be determined by the Oak Island zoning
ordinance. Height limits in mainland commercial areas may be adjusted if approved
through proper procedures.
CONSERVATION (CON)
The Conservation (CON) class is intended to provide for effective long-term
management and protection of significant, limited, or irreplaceable natural resources.
The management of these areas is designed to protect and enhance their natural, cultural,
recreational, productive and/or scenic values. In addition, management is intended to
reduce the risk to life and property from hazards in these areas.
Four natural systems in Oak Island are included in the Conservation class: coastal
wetlands, estuarine shoreline, estuarine and public trust waters, ocean hazard areas, and
"404" wetlands. Development in each of these areas must be consistent with the
applicable CAMA use standards, the policies contained in this plan, and the local codes
of the Town of Oak Island. A special provisional subclass of the Conservation class is
used for "404" wetlands. This subclass recognizes that mapping may not be reliable in
some areas and that the quality of the wetland resource is dependent on habitat type, the
amount.of contiguous area, and other factors.
Coastal Wetlands
This classification includes all areas of salt marsh or other marsh subject to regular or
occasional flooding by tides, including wind tides. Generally, the CAMA use standards
discourage any development in coastal wetlands and only permits uses that require water
access and cannot function elsewhere. The Oak Island zoning ordinance includes coastal
wetlands in an open space district that uses such as parks, nature walks, and nature study
areas.
Estuarine Shoreline
In accordance with CAMA, all areas lying 0-75 feet landward of mean high water level
of estuarine waters are classed as estuarine shorelines. Due to map size and scale, these
6-4

areas cannot be accurately mapped. Precise locations must be determined in the field and
in accordance with current CAMA regulations. The CAMA use standards for this
subclass prohibit development that weakens or eliminates barriers to erosion and limits
impervious surface in the area to 30 percent.
Estuarine and Public Waters
All waters in Oak Island's planning jurisdiction are classified as estuarine waters or
public trust waters. Uses and activities permitted by the policies of this plan and the
CAMA use standards are permitted in these areas. The CAMA use standards for these
areas focus on three priorities:
1. Conservation which discourages any development;
2. Uses which require water access and cannot be located elsewhere —access channels,
structures to prevent erosion, boat docks, etc.; and
3. Preservation of public access and use.
The Town's policy prohibiting floating homes is more restrictive than the CAMA use
standards.
Ocean Hazard Areas
This classification includes all ocean hazard areas. These areas include lands along the
Atlantic Ocean shoreline where, because of their special vulnerability to erosion or other
adverse effects of sand, wind and water, uncontrolled or incompatible development could
unreasonably endanger life or property. These areas include beaches, frontal dunes, inlet
lands, and other lands with excessive erosion or flood damage.
Due to map size and scale, as well as the requirement to delineate some of these features
in the field, they are not mapped.
Provisional Conservation—"404" Wetlands
This classification includes areas of freshwater wetlands that meet the wetlands definition
contained in Section 404 of the Federal Clean Water Act. These wetlands are
concentrated in the Town's extra territorial jurisdiction on the mainland. The Town
concurs with the Corps of Engineers standards and does not intend to develop more
restrictive standards for these areas. However, the Town does encourage donation of
MR,

high quality wetlands to an appropriate non-profit or public organization, and it
encourages and permits flexible site planning to protect these valuable resources.
Mapping for this class is based on the National Wetland Inventory. These maps are
advisory. On -site investigation is required to confirm the presence, extent, and quality of
the resource.