Review of Building and Development Regulations-1998

/9'?P
The Taws of
Sunset Beach, NC
Review of Building and .
Development Regulations
For Implementation of the CAMA Land Use Plan Update
Bill Farris -Associates
1806 Grace Street
Wilmington, NC 28405
PROPERTY OF
DIVISION OF COASTAL MANAGEMENT
- - PLEASE DO NOT REMOVE

TABLE OF CONTENTS
1.0 Introduction and Purpose
Part One —Evaluation of Building and Development
Regulations
2.0 Overview of CAMA LUP Policies 2
3.0 Review of Building and Development Regulations
5
3.1
Land Uses in Coastal Wetlands
5
3.2
Commercial Boating
6
3.3
Estuarine Shoreline Uses
7
3.4
Uses. in Ocean Hazards Area
7
3.5
Tree Preservation
9
3.6
Package Treatment Plants
11
3.7
Adverse Growth and Development
12
3.8
Preserve Small Town Character
13
4.0 Building Height Limits and Residential Densities
15
4.1 Height Limits
15
4.1.1
Residential —single-family
15
4.1.2
Residential —multifamily
16
4.1.3
Commercial
16
4.2 Residential Densities
17.
4.2.1
Permitted Densities
17
4.2.2
Comparison with Other Communities
19
4.2.3
Typical Golf Course Development
20
4.2.4
Current Development Practices
21
4.2.5
Recommendations
22
5.0 The PRD and Conservation Zoning 24
5.1 Planned Residential Development 24
5.2 Conservation Zoning 25
i

Part Two —Draft Ordinance Amendments
6.0 Draft Ordinance Amendments 26
Tree Preservation
Zoning Ordinance 27
Subdivision Regulations 29
Conservation Design Overlay District 30
Administrative Amendments 32
MB-1 Height Limits 34
Appendix I Summary of Land Use and Development Policies
Appendix II Summary of Residential District Requirements
H

0
7
0 ..,
I
I
LO INTRODUCTION AND PURPOSE
The town of Sunset Beach adopted its CAMA Land Use Plan update in October 1997.
The updated plan is currently under review by the Coastal Resources Commission and
the Town expects certification by the CRC in the spring of 1998. .
The updated plan contains a number of land use and development policies that must be
implemented by local development ordinances —zoning, subdivision regulations, flood
damage prevention, and stormwater management. In addition, the plan calls for specific
studies of building height limits and residential densities to insure that they are consistent
with the goals and policies included in the plan.
The purposes of this study are as follows:
• To conduct a general review of the Town's building and development
regulations to assess consistency with the policies contained in the updated
plan.
• To evaluate densities permitted in the Town's residential zoning districts and
to recommend appropriate adjustments.
• To evaluate current mainland height limits and recommend appropriate
changes.
• To develop, for Planning Board consideration, draft ordinance amendments
for recommended changes.
The report is organized in two parts. Part one evaluates the adequacy of the Town's
building and development regulations for implementing key policies from the Land Use
Plan. Part two includes specific studies of height limits, residential densities, and
conservation zoning.
After review and decisions by the Planning Board, specific ordinance amendments will
be prepared.
1

H
H
H
D
2.0 OVERVIEW OF CAMA LUP
POLICIES
VISION
The residents, property and business owners of the Sunset Beach Planning Area shall
endeavor to preserve the small town character of our community with orderly growth
which enhances its appeal as a family resort and retirement community. Our goal is to
preserve and improve the quality of the natural and manmade environment which has
become the basis for our quality of life at Sunset Beach.
—1997 Land Use Plan Update
(emphasis added)
The LUP contains a number of specific policies that are designed to achieve the Town's
Dvision and overall goal. Within this group of policies, those that address land use and
development are summarized in Appendix A. The.policies in this group are dependent
a upon effective local codes for implementation and are the basis for the review of the
Town's building and development regulations.
aAfter
preliminary review, sixteen of the LUP policies and related building and
development regulations were identified for further review. These policies are listed
Obelow:
■ Restrict land uses in coastal wetlands and marshes to those that are water
adependent
and that conserve and protect
■ Support appropriate development of boat launching and dry storage facilities
to protect estuarine waters —upland excavation not permitted.
■ Allow only uses in the Estuarine Shoreline Area that comply with State
standards and meet local requirements —no weakening of natural erosion
barriers, no interference with public trust access, no runoff increase, no
pollution generated, compliance with Soil Erosion/Sedimentation Control
Standards.
■ Allow uses in ocean hazards area that eliminate unreasonable danger to life
and property —small structures with proper setbacks, protection of frontal
dune and vegetation, compliance with minimum lot sizes and setbacks
2

established by local ordinances, and minimize adverse impacts on
environment.
a■
Encourage efforts to preserve tree cover in new development and
redevelopment.
■ Allow off -site wastewater treatment systems until central system is available.
■ Allow package wastewater treatment systems —connect to central system
when available.
a
■ Require compliance with Flood Damage Prevention Ordinance
■ Insure that proper and adequate measures are incorporated into design,
aconstruction,
and operation of residential and commercial development to
minimize substantial impacts on the coastal ecosystem.
■ Protect Town from adverse growth and development by considering following
factors in development review:
... Land suitability
a...
Capacity of environment
... Compatibility with community goals and objectives
... Density and height
... Capacity of community services
a
... Impact on AEC's
... Location of hazardous areas with tendency for septic tank problems,
flooding, and washover.
■ Preserve the small town character of Sunset Beach —preserve and improve
quality of natural and manmade environment. Encourage growth patterns that
reinforce existing residential and commercial development and that protect the
environment.
a
■ Encourage development of a variety of housing types to meet the
needs/desires of current and future residents:
... Maintain areas exclusively for single family residences
... Retain predominantly single family residential character of the
Island —restrict conversion of single family to duplexes to lots
abordering
beach strand or the BB-1 zoning district
... Retain 35-foot height limit on Island
... Allow multifamily and condominium development in golf course
developments and as permitted by MB-1 and BB-1 zoning districts
... Provide areas for manufactured homes on the mainland
■ Study feasibility of establishing a 50-foot height limit on the mainland with
changes allowed only by referendum.
a
3

Study feasibility of establishing residential density limits for each zoning
district.
■ Study feasibility of revising zoning ordinance and subdivision regulations to
promote conservation of natural areas.
4

I
3.0 REVIEW OF BUILDING AND
0
DEVELOPMENT REGULATIONS
3.1 Restrict land uses in coastal wetlands and
Qmarshes to those that are water dependent and
that conserve and protect.
CAMA Permitting. The Town has mechanisms in place to implement this policy. The
first, and key one, is the. CAMA local permitting process. Land use and construction
within coastal wetlands are governed by the use standards of the CAMA program
(NCAC T15A.0208). These standards limit uses within wetlands to those that are water
dependent' and requires either a minor (issued by the Town) or major (issued by State)
a permit for any use in a wetland. Several findings must be made before a permit can be
issued. These are summarized as follows:
a1. Location, design, and need for development must be consistent with management
objectives.
a 2. No suitable alternative site exists for the use; selected site within AEC is one
where use will cause least impact.
3. Development does not violate water and air quality standards.
a4. Development does not cause major or irreversible damage to archaeological or
historic resources.
a 5. Development will not measurably increase siltation and will not create stagnant
water bodies.
6. Development timing will minimize impact on estuarine resources.
7. Development does not impede the public's use of public trust areas or estuarine
waters.
' lace and is effective in its of minor re
The Town s local permitting process is m p g
development in coastal wetlands. Major development is regulated by the State's
permitting process.
' Restaurants, residences, apartments, motels, trailer parks, private roads, and parking lots are specific
examples of uses that are not water dependent.
5

Subdivision regulations. The Subdivision Regulations are the second mechanism to
control wetland development. Section 153.19 (2) states that ..."no buildings or structures
Oshall be allowed to be built in the wetlands." The ordinance is not specific as to whether
it addresses coastal wetlands or "404" wetlands. It is interpreted as including both types
Oof wetlands.
The effect of this provision is to insure that lots are designed in such a manner as to
provide sufficient non -wetland area to accommodate the principle uses, accessory
buildings, and an on -site wastewater treatment system. When lots are ready for
aconstruction, the building permit prevents construction in the wetland area. The
requirement supports the policy restricting uses in coastal wetlands.
a
3.2 Support appropriate development of
a commercial marinas boat launchingand dry
ry
storage facilities
a The LUP policy supports the development of commercial marinas, boat launching, and
dry boat storage facilities. The location and development of these uses will be guided by
the CAMA major and minor permitting processes and the Towns zoning ordinance. As a
arecreational amenity, marinas would be permitted in the MR-3 district in conjunction
with residential development. However, commercial marinas, boat launch, and dry
astorage are not permitted or special uses in the zoning ordinance. Amendments to the
ordinance are required to allow these uses.
The MB-1 district is the appropriate location for commercial boating uses. However
within this district, surrounding land uses and land and water conditions should be
considered prior to permitting the uses on a specific site. Therefore, allowing
commercial marinas, boat launch, and dry boat storage as a special use in the MB-1
district is recommended.
The following factors should be considered in issuing special use permits for these uses:
1. Requirement for water location, potential conflicts with wetlands regulations,
and potential water quality problems from runoff and discharges;
2. Heavy commercial nature of certain storage and repair operations associated
with these uses;
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3. Height of dry storage structures and their visual impact on surrounding uses;
4. Need for adequate maneuvering area for boat trailers and parking for users;
and
5. Off -site impacts of noise and lights.
3.3 Allow only uses in the Estuarine Shoreline Area
that comply with State standards and meet
Q local requirements
aIn Sunset Beach, the Estuarine Shoreline Area is defined as an area extending from mean
high water along sounds, bays, and brackish waters landward for a distance of 75 feet.
Within this area, CAMA regulations limit impervious surfaces and areas not allowing
natural drainage to 30% of the area in the Estuarine Shoreline AEC?
DAppendix
II is a summary of the zoning ordinance's dimension requirements. Only three
districts limit the percentage of impervious surface on a lot: MH-1 and MH-2 districts
a
limit impervious surface to 30%; the MR-3 and the MB-1 districts limit impervious
surfaces for multifamily development to 65% of the area being developed under a central
development plan.
To improve consistency between the local CAMA permitting program and the zoning
aordinance,
it is advisable to add a provision to dimension requirements section of the use
districts that limits impervious surface within the estuarine shoreline AEC to 30 percent.
Q
This requirement will also provide additional notice to property owners of the limitations
within this AEC.
Q
3.4 Allow uses in ocean hazards area that eliminate
unreasonable danger to life and property
The ocean hazards area in Sunset Beach includes three areas of environmental concern:
aan
Ocean Erodible Area, a High Hazard Flood Area, and Inlet Hazard Areas. The Town's
policy to protect people and property from unreasonable danger in these areas appears to
be well supported by on -going administration of local codes and the CAMA permitting
processes.
Z NCAC T15A:07H.0209
a
7

The Ocean Erodible Area (OEA) is the portion of the island where there exists a
substantial possibility of excessive' erosion and significant shoreline fluctuation. The
Land Use Plan indicates that the OEA extends landward from mean high water a distance
(� of 320 feet. From evaluation of the Town's zoning map and the Composite Hazards Map
U in the LUP, it appears that the OEA is included in the Beach Residential-1 and Beach
Business-1 zoning districts. These districts restrict lot depths to 150 feet and do not
permit development 125 feet seaward of the property line abutting Main Street. These
restrictions effectively limit uses in the OEA to those that do not constitute a danger to
Olife and property.
a High Hazard Flood Areas include those portions of the island that are subject to high
velocity waters having a 1 percent chance of being equaled or exceeded in any year. The
High Hazard Flood Area identified in the LUP "comprises the entire oceanfront as well
aas Bird Island and adjoining marshes bordering the Intracoastal Waterway on the western
end of the island and land bordering Tubb's Inlet on the eastern end of the island."
Section 155.46 of the Flood Damage Prevention Ordinance recognizes the special
dangers to life and property in the High Hazard Area and establishes stringent
a
development requirements which are summarized below:
1. Location of buildings landward of the first line of stable vegetation and
compliance with all other CAMA setbacks.
2. Elevation of buildings at least 1 foot above the base flood elevation.
a
3. All space below the base flood elevation must be designed so as not to impede
the flow of water.
4. Certification by registered engineer or architect that building is securely
.
anchored on pilings or columns and that foundation will resist the effect of
wind and water loads.
5. Fill may not be used for structural support and may not be compacted.
a
6. Alteration of sand dunes is not permitted.
a
Inlet Hazard Areas are those areas where inlet migration may present a danger to life
O
and property. Sunset Beach has two: Mad Inlet on the western end of the island and
Tubb's Inlet on the eastern end. These hazard areas are shown on the Composite Hazards
Map (Map 3) in the LUP. The LUP states that "Tubb's Inlet, in particular, has been
subject to a great deal of fluctuation."
a
8
.

aPortions of the Inlet Hazards Area are covered by the FDP ordinance's special
development requirements which are outlined above. However, CAMA's coastal
management regulations have specific requirements for Inlet Hazard Areas. In addition
to the overall use and development standards for Ocean Hazard Areas, development in
athe inlet areas must meet the following requirements:
1. On lots created after July 23, 1981, permanent structures are limited to a
density of one commercial or residential unit per 15,000 fee?.
2. Residential structures are limited to no more than four units and commercial
structures are limited to no more than 5,000 feee.
These requirements are implemented through the CAMA permitting program.
a
Q 3.5 Encourage efforts to preserve tree cover in new
development and redevelopment
The LUP states that even though the forests at Sunset Beach have been altered by
adevelopment, existing tree cover "is a highly valued asset." To implement the tree
preservation policy, the Town will need to make some amendments to its zoning
aordinance and subdivision regulations. intends to study the feasibility of adopting a tree
ordinance.
aThere are two key points in the development process to achieve tree preservation:
• The first is at the subdivision stage. At this point, the subdivider should delineate the
site's tree cover and design site improvements in a manner that preserves as much of
the existing tree cover as feasible. As a practical matter, installation of roads, utility
easements, and site amenities such as golf courses and community centers will result
in the removal of trees; however, careful site planning can result in the preservation
of a large number of specimen trees and wooded areas. As described below, Sunset's
existing subdivision regulations have provisions that, with minor adjustments,
provide a workable tool for tree preservation.
• The second is the construction stage where buildings and related uses are placed on
the land. Preservation at this stage is generally subject to provisions of the zoning
ordinance. Typical zoning provisions require tree removal permits to remove trees
that are of a significant size and require maintenance of a minimum number of trees
per acre after construction is complete. Like the subdivision regulations, the zoning
9

aordinance contains provisions that, with adjustments, can achieve the Town's tree
preservation objectives.
a
Any adjustments to the Town's tree preservation provisions in the subdivision regulations
and zoning ordinance should be as simple as possible. Otherwise it will be difficult to
-administer and will place an undue burden on the Town's building officials.
a3.5.1 Subdivision Regulation Requirements
Section 153.019 (6) of the subdivision regulations provides a mechanism for preserving
existing trees. The regulations require the developer to "show a plan for significant
a stands of trees to be preserved; except where the entire site is wooded or largely wooded
in which case the developer shall seek to retain as many trees as is practical." Significant
stands of trees is defined as "stands of trees containing 5 or more hardwoods or 15 or
more softwoods."
This provision is interpreted to require the subdivider to preserve significant stands of
trees where practical. Effectiveness would be improved by specifying the circumstances
where removal of significant stands could be partially or totally removed. The following
aare typical circumstances allowing tree removal:
1. Tree is diseased and/or is a treat to public safety.
2. Removal is required to install essential site improvement or required to allow
the owner to enjoy reasonable use of the property.
3.5.2 Zoning Tree Preservation Requirements
j Section 154.080 of the zoning ordinance requires property owners and/or business
lJ owners to submit a landscaping plan and to install landscaping and buffering for new
�? businesses or changes in business uses in the business districts (MB-1, BB-1, and MB-P).
U The landscape plan requires the following information on existing trees:
D1. Approximate locations and species of "all trees at least 8" (or more) in diameter
and all flowering trees such as dogwoods 4" or more in diameter."
2. For groves of trees, applicants are allowed to show the locations on the plan and
estimate the number and types of trees in each grove.
3. Trees larger than 10" located within a required buffer or planting area.
a
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a
u 4. Plan must give reason for removalof existing trees.
aAfter development, the equivalent of 15 trees per acre, either planted or retained, must
remain on the site. These trees must be at least 2" in diameter measured 6" above the
ground.
If existing trees are retained to meet this requirement, they must be protected during
construction.
j The effectiveness of this provision can be improved by making the following changes:
a
1. Hardwood trees with a diameter of 8" or larger and pines with a diameter of 12"
or larger should be designated as regulated trees and permits should be required
for their removal. Removal should be allowed for circumstances similar to those
outlined for subdivisions:
a) Removal is required to install essential site improvements, such as
principal/accessory building, off-street parking, septic system and repair area,
utilities, driveways, and site amenities.
b) Tree is a threat to public safety or to the security of site improvements.
2. Tree preservation provisions should apply to business and multifamily residential
uses in the MB-1, MB-P, and BB-1 districts and to multifamily uses in the MR-3
district.
3. Tree preservation should be incorporated into the site plan review requirements
a
for multifamily uses in the MR-3 district.
3.6 Allow off -site wastewater treatment systems
a
until centrals stem is available; require
Y �
package systems to connect when central
0
system available
Off -site systems. The current practice of allowing off -site wastewater treatment systems
is consistent with this policy. However, in reviewing the zoning ordinance, wastewater
treatment systems (package plants) are not listed as either a permitted or a special use.
To make the current practice consistent with the zoning ordinance, wastewater treatment
plants should be included as a permitted use in the MR-3 and MB-1 districts. Additional
a
requirements should include minimum lot sizes to allow for adequate buffering of the
11

U plant from surrounding uses. Approval of the system by appropriate local and state
n agencies should be a prerequisite for issuance of a building permit.
U
According to discussions with the Executive Director of SBWSA, State regulations on
a setbacks from SA waters will prevent development of a package treatment plant on the
Island. Therefore, including package plants as a permitted use in one or more of the
Island zoning districts is not required.
Interlocal agreements, to which Sunset Beach is a party, that already in place allow the
(� SBWSA to require owners of septic tanks to connect to the central system when it is
U available.
Connect plants to the central system. "Package treatment plants"" are individually
permitted by the State and are treated as utilities. Therefore, SBWSA does not believe
that they can be forced to connect to a central system. The SBWSA is willing to have
these systems connect, but the Authority would not purchase the collection system and
the cost of connection would be borne by the system owner. Should the owner wish to
retain ownership of the collection system, the Authority would be willing to provide
"wholesale" treatment services.
No amendments are needed.
3.7 Protect Town from adverse growth and
development
The land use policy is to "protect the Town from adverse growth and development by
considering the following factors in development review:
U • Land suitability
• Capacity of the environment
U • Compatibility with community goals
• Density and height
• Capacity of community services
• Impact on Areas of Environmental Concern
a • Location of hazardous areas with tendency for septic tank problems, flooding,
and washover"
12

Amendments are required to incorporate these factors into preliminary plat approval
provisions of Section 153.19 of the Subdivision Regulations and multifamily review
provisions of Section 154.165 of the Zoning Ordinance.
In addition, it is also necessary to insure that sufficient information is presented on plats
and site plans to allow administrative staff, the Planning Board, and the Town Council to
make decisions on these factors. The site plan requirements for multifamily review in the
MR-3 zoning district provide an excellent outline of the required information. These plan
requirements should be incorporated into the subdivision regulations either directly or by
reference.
U
3.8 Preserve the small town character of Sunset
Beach; encourage development of a variety of
Qhousing
types
Small town character. Review of the zoning ordinance, which is the major policy tool
U
for creating community character, indicates that its current provisions support
j�
preservation of Sunset's small town character. Typically the following characteristics are
U
;associated withsmall.town characters
• Definable town center
• Compact development form
• Residences close to town center
a•
Streets scaled for typical uses rather than oversized for maximum usage
• Smaller -scaled buildings
These characteristics are supportedb height limits, smaller lot sizes, and commercial
Y Sh
a
zoning districts that allow mixed residential -commercial uses.
Two definable town centers have developed. The older district at Sunset Blvd./Shoreline
Drive has a resorthourist-oriented theme; the newer district at Seaside Rd./Sunset Blvd. Is
more of a community -serving center that provides a broad range of commercial and
personal services. Rather than additional building regulations, the town center character
of these districts should be reinforced with improvements like sidewalks and
streetscaping.
a
ordinance provides for an adequate range
Variety of housing types. The current zoning p q
a
of housing types and densities:
a
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• Single-family detached housing from low to moderate densities
• Duplexes
• Multi -family townhouses
• Garden apartments
• Manufactured housing at moderate densities
No changes are needed to support the policy.
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0
� 4.0 BUILDING HEIGHT LIMITS AND
� RESIDENTIAL DENSITIES
U 4.1 Height Limits
aThe LUP includes the following policy regarding building height limits: "...the building
height on the mainland will predominantly be 35 feet with the exception of a 50-foot
Obuilding height maximum limit for multifamily units in the MR-3 zoning district."
a A second policy states that "The Planning Board and Town Council will study the
feasibility of establishing a 50-foot building height limitation on the mainland which may
only be changed by a public referendum." According to discussions with Town officials,
athe intent of this policy is to study the feasibility of limiting the current zoning provision
that allows unlimited building height increases above the base 35 feet if front and side
yard setbacks are increased.
The current zoning ordinance allows single-family dwellings and commercial buildings
to exceed the 35-foot height limit if front and side yard setbacks are increased. The
height increase is allowed at a ratio of 2-foot increase in height for every 1-foot increase
in the front and side setbacks. There is no maximum height limit if the increased setback
requirements can be met.
Residential building hei hts--sin le-famil .
4.1.1 g g g y
The illustration below shows the relative impact of increasing the height of a single-
family dwelling from 35 feet to 45 feet. This illustration assumes that the buildings are
alocated on the setback lines and that they have reasonable roof pitches. The building
sketched on the right with a 7.5-foot side yard setback has a height limit of 35 feet; the
a- - - -+w•
��-
a
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building on the left has a 12.5-foot side yard and can be 45 feet tall.
From discussions with Town staff, it appears that this provision for increased height is
rarely used, perhaps in fewer than five buildings. In cases where it has been used, very
large single-family dwellings have been built on large lots. The estimated height of these
dwellings is in the range of 42 feet. In addition, discussions with an experienced coastal
architect indicate that a single-family house, built over a garage, would rarely exceed 45
feet. Therefore, additional limits on heights of single-family structures do not appear to
be warranted.
4.1.2 Residential building heights —multifamily
In the MR-3 district, the height limit for multifamily buildings is 50 feet with no
allowances for additional height if setbacks are increased. However, there are additional
setback requirements for multifamily buildings that are adjacent to the property line:
• Where the multifamily project abuts a single-family project, multifamily
buildings must be setback 40 feet from the property line.
• Where the multifamily project abuts another multifamily project, the buildings
must be setback 20 feet from the property line.
• Where multifamily buildings abut an internal traffic way or parking facility,
the buildings must be setback 20 feet from the traffic way or parking facility.
4.1.3Commercial building heights
The MB-1 and the MB-P districts located on the mainland have height provisions
identical to those of the single-family districts. Building heights may exceed the base
limit of 35 feet if the front and side setbacks are increased 1 foot for every 2 feet increase
in height.
No changes in the MB-P district are warranted. Professional offices are the only
permitted uses, and in a low density environment like Sunset Beach, these buildings
would not be expected to exceed 35 feet.
For most uses in the MB-1 district, there is no need to set additional height limits. Under
current building and development practice, almost all commercial buildings are limited to
no more than two stories, and in fact, most commercial buildings are limited to one story.
Typical building heights can be observed in new commercial structures built in Sunset
Beach in the last few years. Hotels, however, may be an exception.
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Three key factors should be considered in the evaluation of height limits for hotels: 1)
limitations of fire and rescue equipment; 2) water system fire flows and pressure; and 3)
the economics of the project.
a• According to the LUP, Sunset Beach VFD's tallest ladder is a 35-foot portable with
an access height of 26 feet. The Ocean Isle FD has a quint truck with a 75-foot
ladder. This truck is available through a mutual aid agreement. According to
information from knowledgeable fire personnel, the truck could service a building of
4 to 5 stories 3
• Discussions with a consultant familiar with hotel development says that the typical
a hotel developed in a community like Sunset Beach will have 4 to 5 stories above
whatever elevation is required for flood insurance and that each story will require
about 12 feet (ceiling heights, floor structures, mechanical, etc.). This indicates that
height limits in the 48 to 60-foot range, plus the flood elevation, would accommodate
most hotel developers.
O• Evaluation of fire flows and pressure is beyond the scope of this study. The h p y p y y should
be determined for a specific site when a development proposal is presented to the
Town.
The typical height of hotels appears to be consistent with the Town's fire/rescue
capability. Therefore, the Town should consider establishing 60 feet as the
maximum building height in the MB-1 district.
a
4.2 Residential Densities
a
4.2.1 Permitted residential densities
Table 4.1 summarizes the residential densities permitted by the current zoning ordinance.
a The zoning ordinance does not specify the maximum number of dwelling units permitted
per acre. It does, however, set minimum lot sizes or building area for residential uses.
aThe effect of these minimums is to establish a maximum density for each district.
3 This expert also stated that the best fire protection was the protection that was built into the
astructure —protected means of egress and properly functioning sprinklers.
17
a ;

Multifamily uses in the BB-1 district are an exception. The ordinance specifies minimum
setbacks and a minimum building area of 750 square feet per unit. Assuming that the
35-foot height limit in this district will allow a 2-story building, these minimums are used
to estimate the maximum density of 60 dwelling units per acre that is shown in the table.
This theoretical maximum residential density appears to be high. A more appropriate
density would be in the range of 35 units per acre for dwellings. With a minimum lot
size of 4,500 square feet, this density, coupled with the minimum floor area of 750 square
feet, would allow a quadraplex on a typical lot. The structure would include at least
3,000 square feet.
TABLE 4.1
SUNSET BEACH BUILDING AND DEVELOPMENT ORDINANCE
REVIEW
MINIMUM LOT AREAS AND EFFECTIVE DENSITY
Minimum lot area per
Effective density
dwelling unit (square
(dwelling units per acre)
Zoning District
feet)
MR-1
15,000
2.9
MR-2 '
10,000
4.4
MR-2A
10,000
4.4
MR-3
Single-family
7,500
5.8
Multifamily
2,000
21.8
MB-1
Single-family
15,000
2.9
Multifamily
. 2,000
21.8
MH-1
9,000
4.8
MH-2
6,500
6.7
BR-1
Single-family
7,500
5.8
Duplex
3,750
11.6
BR-2
4,500
9.7
BB-1
Single-family
S. of Main
7,500
5.8
N. of Main
4,500
9.7
Multifamily`
714
60.0
AF-1
43,560
1.0
CR-1
21,780
2.0
`The BB-1 district does not set a minimum lot area per dwelling unit. This minimum and related density is
a theoretical calculation based on an assumed lot of 50'X100', setbacks specified by the ordinance, 750
square feet of floor space per unit, and a two-story structure.
18

4.2.2 Comparison with other communities
Table 4.2 summarizes the residential densities permitted by other similar coastal
communities and provides a basis for comparing Sunset Beach's permitted densities.
From this survey, the maximum densities permitted by the current zoning ordinance are
comparable to those permitted in other communities, except for multifamily in the BB-1
district. The range of minimum lot areas for single-family dwellings is 5,000 to 20,000
square feet with an average minimum lot area of 9,300 square feet. For the average
minimum lot, the maximum density is 4.7 dwelling units per acre. The range of
minimum lot areas for multifamily is 1,450 to 4,270 square feet with an average of 2,400
square feet. The average of 2,400 square feet yields a maximum multifamily density of
18 dwelling units per acre.
TABLE 4.2
SUNSET BEACH BUILDING AND DEVELOPMENT ORDINANCE
REVIEW
SURVEY OF RESIDENTIAL DENSITIES
Residential Densities
Effective density
Community
Lot sizes
dues per acre
Atlantic Beach
Single-family - 5000 ft
8.7
Duplex - 6000 &2
14.5
Triplex - 8000 ft2
16.3
uadra lex - 10,000 ft 2
17.4
Emerald Isle
Single-family - 12,500 ft
3.5
Duplex - 15,000 ft.2
5.8
Long Beach
R-1 (beach areal
Single-family - 7,500 ft2
5.8
Duplex - 10,000 ft2
8.7
R-2. R-3. and R-4 (single-family and mobile
homes
6,600 ft2
6.6
R-5 and R-6 (single- and multi -family)
Single-family - 6,600 &2
6.6
Duplexes - 9,900 ft2
8.8
Tri-plexes-13,200 ft2
9.9
4-6 units (per unit) - 2,200 &2
13.2
more than 6 units(per unit -1,100 ft2
27.6
Yaupon Beach
R-20 (single-family)
20,000 8.2
22
R-9 (single-family)
9,000 ft.2
4.8
R-6 (single- and duplex)
Single-family - 6,000 ft2
7.3
Duplex - 11,000 ft2
7.9
19

Ocean Isle Beach
R-1 (sin le -family)
7,000 0
6.0
R-2 (single-family/duplex)
Single-family - 7,000 ft2
6.0
Duplex - 7,000 ft 2
12.0
R-3 (sin le -family)
7,500 ft 2
5.8
C-1.2.3 (commercial/residential)
No minimum lot
8.0
Holden Beach
R-1 (single-family and duplex)
Single-family - 6,000 8.2
7.3
Duplex - 7,500 ft2
11.6
R-2 (single- and multi -family)
Single-family - 6,000 ft2
7.3
Duplex - 7,500 ft2
11.6
Multi -family
20.0
(1° two units - 7,500 ft2
each additional unit - 2,000 ft2
Wrightsville Beach
R-1 (sin leg family)
8,000 fL2
5.4
R-1 S (single-family/duplex. low density)
Single-family-15,000 ft2
2.9
Duplex - 25,000 ft2
3.5
R-2 (single- and multi -family)
V single-family or duplex - 8,000 ft2
10.8
Each additional unit - 4,356 ft2
10.2
CC-1 No minimum lot
10.0
C-2 No minimum lot
10.0
C=3 No minimum lot
10.0
C-4 No minimum lot
30.0
4.2.3 Typical Golf Course Development
a Projected development patterns on the Town's largest tracts of unsubdivided land suggest
whether the densities allowed by the zoning ordinance are appropriate. The major
unsubdivided tracts are zoned MR-3 and will be associated with -golf resort development.
The pattern of development in these tracts will be a major factor in the future growth of
the Town and the need to provide services.
A study of golf course development by Hayes and Associates provides information for
projecting future residential densities and total population on these tracts. The Hayes
study is part of the SBWSA's Environmental Impact Statement for the regional sewer
system. The results are shown in Table 4.3. This study indicates that overall, or gross,
residential density in golf course developments is low. Of the courses studied, the
average density is 2.3 units per gross acre. Subtracting acreage devoted to golf and open
(� space, the net residential density is 3.8 units per acre.
U
20 -

If these averages are applied to the Angel's Trace tract as an example, then the following
residential densities and total population can be expected: "
Estimated Total Acreage g 636 acres
Estimated Golf and Open Space Acreage 360 acres
D Gross Residential Density 2.3 units per acre
Net Residential Density 3.8 units per acre
Projected Total Residential Units 1,050 to 1,460
Projected Total Populations 2,320 to 3,230
0
a TABLE 4.3
SUNSET BEACH BUILDING AND DEVELOPMENT ORDINANCE
o REVIEW
CHARACTERISTICS OF GOLF COURSE DEVELOPMENT
11
7
Development
Total
Golf Course
Total
Gross Densitv
Net Density
Acres
Acres
Residential
total
fmd
(including non-
Units
units/total
units/total
golf open
acres
acres less golf
s ace)
course acres
Brunswick
1,133
200
3,997
3.5
4.4
Plantation
Meadowlands Golf
368
205
815
2.2
5.0
Club
Magnolia
660
101
1,000
1.5
2.0
Plantation
Ocean Ridge
1,300
852
2,532
1.9
5.7
Sandpiper Bay
529
200
894
1.7
2.7
Source: Hayes and Associates, "Human Environment Technical Memorandum", SBWSA EIS, August
1997.
4.2.4 Current development practices
The usual approach to developing a golf course community is to create one or more
r' separate residential subdivisions adjacent to the golf course. These subdivisions target .
LJ various residential markets —retirement, resort, time share, family, multifamily, and so
a on. A sample of densities in these separate subdivisions is presented in Table 4.4 All of
these subdivisions are zoned MR-3 with a maximum multifamily density of 21.8 units per
21

acre and a maximum single-family density of 5.8 units per acre. The results of this
sample indicate that the Town's current building patterns are yielding densities below
those permitted by the zoning ordinance. The range of single-family densities in these
subdivisions is 2.9 to 4.5 units per acre; the range for multifamily is 5.0 to 18.0 units per
acre.
TABLE 4.4
SUNSET BEACH BUILDING AND DEVELOPMENT ORDINANCE
REVIEW
SURVEY OF DEVELOPMENT DENSITIES
Develonment/Subdivision
Sawmill Townhouses
River Creek I1, Phase 19
River Creek II, Phase 20
Sugar Mill Condos
Osprey Watch
Barony Place
Wood Stork #1
Wood Stork #2
Crooked Gulley
Predominant Housing Type
MF
MF
MF
MF
MF
SF
SF
SF
SF
4.2.5 Recommendations for residential densities
Approximate Density
18.0 units per acre
13.2 units per acre
10.9 units per acre
7.9 units per acre
5.0 units per acre
4.5 units per acre
3.9 units per acre
3.1 units per acre
2.9 units per acre
Except for the residential densities permitted in the BB-1 district, the residential densities
allowed by the current zoning ordinance appear to be consistent with the overall objective
of maintaining the Sunset Beach's "small town character." In addition, no technical
problems were identified in the review that require amendments.
The following amendments to the BB-1 dimension requirements are recommended:
• Minimum lot size of 4,500 square feet.
• Minimum lot area per dwelling unit of 1,250 square feet
These changes will yield a maximum density of approximately 35 dwelling units per
acre.
S Based on average household size of 2.21 as reported in the 1990 Census.
22

a
The Town should monitor development in the tracts zoned MR-3. The maximum density
aallowed in MR-3 is 21.8 units per acre. At the present time, overall density in these MR-
3 areas is not a problem. Current development patterns yield overall densities far below
O the maximum. Development practices on land zoned MR-3 includes a variety of housing
types at a range of densities from low to high. If practices change so that a significantly
higher percentage of the residential units are high density, then the Town should consider
alowering the permitted density in this district or reducing the amount of land zoned MR-
3. Rezoning would reduce flexibility and is less desirable than lowering overall density.
a
a
a

ni
0
5.0 THE PRD AND CONSERVATION
ZONING
5.1 Planned Residential Development
All of the mainland residential districts and the BR-2 district on the island allow "planned
residential developments " (PRD) as a special use. The requirements for the PRD are
actually set forth in the Subdivision Regulations, Section 153.30 - 153.65. PRD's are
defined as "the total development of one tract of land under one control of ownership."
The stated purpose of the PRD is as follows:
"...allow development of land that has a higher degree of
consideration of physical features and natural constraints to
development than would be possible under general zoning and
subdivision regulations. PRD is expected to promote a more efficient
use of the land, a higher level of amenities, and more creative designs
than would otherwise be possible. In each case the overall density of
dwelling units shall be less than that permitted by the applicable
zoning requirements."
The purpose can be summarized as providing the subdivider/developer with flexibility in
site planning so that natural features can be preserved and better land utilization can be
attained.
The PRD provision has been available to subdividers since 1982 and it has never been
used. There are two key reasons that it has not been used. First, the requirements for site
planning, approvals, and development require more time, effort, and risk than
conventional subdivisions. The second, and more important reason, is that the MR-3
district allows subdividers/developers much more flexibility in planning and utilization of
their property. Referring to Table 4.4, the MR-3 zoning allows the developer to produce
a variety of housing types to meeting various markets without the rather rigorous process
required by PRD. Developer interest in a PRD is doubtful for the foreseeable future. The
Town should consider amending the ordinances to delete this provision.
24

5.2 Conservation Zoning
Conservation design or conservation zoning may be a more effective approach to
achieving the Town's PRD objectives. Conservation zoning may be described as
designing residential subdivisions that maximize the conservation of open space without
reducing overall building density. Typically, conservation design occurs within the
density framework of the existing zoning and does not require complicated approvals.
A recent New York Times article, "Looking for a Boomer Haven", indicates that the
subdivision designed around open space systems may be the residential community
favored by the 50-ish baby boomers. As a result, the interest in these types of
communities in Sunset Beach may grow.
The Town should consider including "conservation zoning" as a provision of the zoning
ordinance. The following is a recommended approach to incorporated the conservation
design concept into the zoning ordinance:
• Use the "overlay district" as the means of permitting conservation design.
The conservation design overlay should be overlaid on the mainland
residential districts. The overlay allows the developer to choose the
conservation design approach as an alternative to conventional subdivisions.
• The permitted and special uses are the same as those uses allowed in the `
underlying zoning districts.
• To accomplish the conservation design and to allow the developer flexibility,
the overlay should allow a reduction in lot sizes. As a standard, conservation
design lots should be no less than 70% of the minimum lot size for the
underlying district.
• The overall density of the conservation design should be no higher than that
permitted by the underlying districts. Appropriate minimum setbacks should
be established.
a • An open space standard should be established. A minimum of 30% of the
parcel under development is recommended. Preserved open space should not
include land already excluded from development —wetlands, floodplains, etc.
• Subdivision plat approval for conservation design should follow the same
process as conventional subdivisions.
a
a6 Refers to interconnected open areas.
a
25

O
5.0 Draft Ordinance Amendments
After its review of the report summarizing the evaluation of Sunset Beach's building and
P g g
development ordinances, the Planning Board decided to proceed with ordinance
Oamendments
in four areas:
1. Preservation of significant trees in the subdivision and lot
development processes;
2. Adding a provision for conservation design subdivisions in the
zoning ordinance to encourage preservation of open space and
asensitive
environments;
3. Setting a maximum building height of 60 feet for buildings in
the MB-1 district; and
a4.
Several minor administrative amendments to close gaps or to
clarify.
These ordinance amendments are provided in this section. Preliminary drafts of these
amendments were reviewed with the Planning Board, and the Board's recommended
a
changes are included in the drafts presented here.
The next step in this study process is review and recommendation of the amendments by
a
the Planning Board. After action by the Planning Board, the ordinances will be
by Town Council.
considered the
0
m

a
AMENDMENT TO THE CODE OF ORDINANCES
OF THE TOWN OF
SUNSET BEACH, NORTH CAROLINA
THE TOWN COUNCIL OF THE TOWN OF SUNSET BEACH, NORTH
aCAROLINA DOES ORDAIN:
Section 1. That Chapter 154, ZONING CODE, of the Code of Ordinances of the
aTown of Sunset Beach is amended by adding the following Section:
Section 154.081, Preservation of Trees
OThe purposes of this ordinance are:
(a) to recognize the importance of mature trees to the quality of life;
(b) to conserve energy and retard storm water runoff,
(c) to safeguard and enhance property values and to protect public and private investment
through protection of significant existing trees; and
(d) to prevent the indiscriminant removal of trees.
(A) DEFINITION
REGULATED TREE. The subsurface roots crown and trunk of:
(1) Any self-supporting woody perennial plant such as a large shade or
pine tree, which usually has one main stem or trunk, and has a
measured caliper as follows:
i. A hardwood tree —eight (8) inches
I A pine tree —twelve (12) inches
(2) Any small flowering tree, such as dogwood, with a measured caliper
aof
at least four (4) inches.
(B) TREE REMOVAL PERMIT REQUIRED
(1) No person, directly or indirectly, shall remove any regulated tree from private
property without first obtaining a tree removal permit as provided in this
ordinance. The requirement for tree removal permits shall apply only to the
following uses and zoning districts:
(a) MR-3, all permitted and special uses except single-family residences,
(b) MB-1, all permitted and special uses, except single-family residences,
(c) MB-P, all permitted and special uses, except single-family residences,
(d) BB-1, all permitted and special uses, except single-family residences, and
(e) RI-1, all permitted and special uses, except single-family residences.
(2) All persons seeking a permit for removal of a regulated tree shall make
aapplications
to the Building Inspector.
a
.
27
a

I
I
0
I
I
0
0
(3) The Building Inspector shall issue tree removal permits if the applicant
demonstrates one or more of the following situations:
(a) For new construction, the applicant is able to show that essential site
improvements cannot be installed without removal of the regulated tree(s).
Examples of essential site improvements are the principal/accessory
building(s), off-street parking, driveway, storm water management facilities,
and septic system and repair area.
(b) The regulated tree is dead, severely diseased, injured, or in danger of falling
close to existing or proposed structures.
(c) The regulated tree poses a threat an identifiable threat to individuals or
public safety.
(d) Removal of the regulated tree is necessary to enhance or protect the health of
condition of adjacent trees.
(4) Moving regulated trees is encouraged if adequate care is taken to ensure survival
of the tree.
(C) REQUIREMENTS FOR TREE REMOVAL PERMIT APPLICATION
(1) Brief written description of the reason for removal of the tree(s);
(2) A sketch plan of the site showing the approximate location of all regulated trees,
or groups of trees, and that identifies their size, species, height, dripline, and
health;
(3) A description of the methods proposed to move a regulated tree, if applicable;
(4) Photographs of trees, or groups of trees, to be removed; and
(5) Any other information that may be required by the Building Inspector to issue
the permit.
In unusual situations, the Building Inspector may require a report from a Landscape
Contractor or other knowledgeable professional regarding the health of a tree to be
removed.
Section 2. That the remaining sections and subsections of Chapter 154 shall remain
as currently written.
28

AMENDMENT TO THE CODE OF ORDINANCES
OF THE TOWN OF
SUNSET BEACH, NORTH CAROLINA
THE TOWN COUNCIL OF THE TOWN OF SUNSET BEACH, NORTH
CAROLINA DOES ORDAIN:
Section 1. That Chapter 153, SUBDIVISION REGULATIONS, Section 153.19 (6),
of the Code of Ordinances of the Town of Sunset Beach is amended as follows:
446. Each phase of the planned development must show a plan for significant
stands of trees that are to be preserved; except where the entire site is wooded or largely
wooded in which case the developer shall seek to retain as many trees as is practical.
"Significant stands of trees" shall mean any stands of trees containing five (5) or more
hardwoods or fifteen (15) or more softwoods.
In any case, removal of regulated trees will not be approved unless one or more
of the following situations exist:
i. The applicant is able to show that essential site improvements cannot be
installed without removal of the regulated tree(s). Examples of essential site
improvements are streets, underground utilities, driveway, storm water
management facilities, and site amenities, and so on.
ii. The regulated tree is dead, severely diseased, injured, or in danger of
falling close to existing or proposed structures.
iii. The regulated tree poses a threat an identifiable threat to individuals or
public safety.
iv. Removal of the regulated tree is necessary to enhance or protect the health
of condition of adjacent trees.
Regulated trees are defined as follows:
The subsurface roots, crown, and trunk of:
(a) Any self-supporting woody perennial plant such as a large shade or pine tree,
which usually has one main stem or trunk, and has a measured caliper as follows:
iii. A hardwood tree —eight (8) inches
iv. A pine tree —twelve (12) inches
(b) Anv small flowering tree, such as dogwood, with a measured caliper of at
least four (4) inches.
Section 2. That the remaining sections and subsections of Chapter 153 shall remain
as currently written.
29

AMENDMENT TO THE CODE OF ORDINANCES
OF THE TOWN OF
aSUNSET
BEACH, NORTH CAROLINA
THE TOWN COUNCIL OF THE TOWN OF SUNSET BEACH, NORTH
aCAROLINA
DOES ORDAIN:
Section 1. That Chapter 154, ZONING, of the Code of Ordinances of the Town of
OSunset
Beach is amended by adding the following section:
CONSERVATION DESIGN OVERLAY DISTRICT
a#154.270
PUROSE
The purpose of the Conservation Design Overlay District is to encourage
conservation design within residential zoning districts. Conservation residential design is
an alternative method of designing a residential subdivision, at the density prescribed by
the underlying zoning district, while preserving thirty (30) percent or more of the site as
open space. Conservation design results in the more efficient use of land, lower site
improvement costs, preservation of unique natural resources, conservation of land for
open space, and an attractive and pleasing living environment. This district is intended to
foster high quality site design and significant preservation of natural features and open
space. Through the use of this overlay district, conservation design is permitted in
residential zoning districts without an application for Planned Residential Development.
#154.271 OVERLAY DISTRICT
The Conservation Design Overlay District is overlaid upon the following
aresidential
districts within the Town of Sunset Beach and its extra territorial jurisdiction:
MR-1 Mainland Residential District
MR-2 Mainland Residential District
MR-2A Mainland Residential District
MR-3 Mainland Multifamily Residential District
aThe
effect of the Conservation Design Overlay District is to permit within these
residential zoning districts conservation design subdivisions which comply with the
provisions of the Overlay District, as an alternative to the subdivision permitted by the
underlying zoning district.
#154.272 PERMITTED USES
Those uses permitted by right or by special use permit in the underlying zoning
a district shall be permitted by right or by special use permit in the Conservation Design
Overlay District.
a
30
-O

I
#154.273 SITE DEVELOPMENT STANDARDS
(A) Minimum lot size:
70 percent of the minimum lot size of the underlying district
(B) Minimum setbacks:
a
Front yard-20 feet
Side yards-5 feet
Rear yard-15 feet
(C) Lots abutting existing public streets or conventionally developed subdivisions shall
have the same side and front yard setbacks as provided for in the underlying district.
(D) The impervious surface provisions of the underlying district shall apply to the
overlay district.
(E) Open Space
(1) A minimum of 30% of the total district area, after deducting all of the land
"404"
awithin
the 100 year flood plain, wetlands, or coastal wetlands, shall be
designated as permanent open space, not to be further subdivided, and protected
aconservancy.
through a conservation easement held by the Town or a recognized land trust or
Retention and detention ponds and other such improvements
required to manage the quality and quantity of runoff from the site may be
located in the required open space area.
a(2)
Adequate areas within the required open space area shall be designated for active
recreation but no more than 25 percent of the area shall be used for said
purposes. The purposes for which open space is proposed shall be documented
by the applicant. The impervious surface requirement of the underlying district
shall apply to the area used for active open space.
a
(3) This requirement is in lieu of any other open space and recreation requirements.
#154.274 APPLICATION PROCESS
aWhenever
a Conservation Design Subdivision is proposed, the procedures and
standards of Section 153.45 through 153.52 of the Subdivision Regulations shall apply.
Section 2. That the remaining sections and subsections of Chapter 154 shall remain
a
as currently written.
a
31

I
aAMENDMENT_ TO THE CODE OF ORDINANCES
OF THE TOWN OF
SUNSET BEACH, NORTH CAROLINA
THE TOWN COUNCIL OF THE TOWN OF SUNSET BEACH, NORTH
. CAROLINA DOES ORDAIN:
Section 1. That Chapter 154, ZONING, of the Code of Ordinances of the Town of
Sunset Beach is amended as follows:
a. By adding offsite septic tanks, approved by the Brunswick County Health
Department as a permitted use in the following zoning districts:
a#154.191,
#154.131 (K), MR-1 Mainland Residential
MB-P, Mainland Business —Professional
#154.201 (E), BR-1, Beach Residential
a#154.231
#154.211 (F), BR-2, Beach Residential
(E), MH-2, Manufactured Home Residential District
#154.241 (0), RI-1, Recreation and Institutional District
#154.251 (G), AF-1, Agriculture —Forestry District
#154.261 (J), CR-1, Conservation Reserve District
b. By adding package treatment plants as a permitted use in the MB-1, Mainland
Business District, Section 154.176(6) and the MR-3, Mainland Multifamily
Residential District, Section 154.161(G) as follows.
aPackage treatment plants that meet the following requirements:
(a.) Minimum lot of 20,000 square feet;
(b.) Security fence installed around the perimeter of the lot;
(c.) Installed buffer around perimeter of the lot that meets provisions of
154.080 (F);
(d.) " Approval by the North Carolina Division of Water Quality; and
(e.) . No objectionable odors, noise, and/or lighting.
a c. By adding electric utility substations as a special use in the MB-1, Mainland
Business District, Section 154.177(6) and the MR-3, Mainland Multifamily
Residential District, Section 154.162(E) as follows:
Electric utility substations may be allowed outside of the public right-of-way.
Such stations may not create excessive noise or light, or possess other
objectionable characteristics that may be detrimental to surrounding uses or to
other uses permitted in the district. The Board of Adjustment may impose any
reasonable conditions on the use that may be required to protect surrounding
a properties and other uses within the district. The station must be screened
according to the requirements of 154.080(F).
O
32

d. By revising Section 154.202(A) as follows:
"Minimum required lot area per single-family dwelling is 7,500 square feet and
per duplex dwelling is 15,000 square feet."
e. By adding unattended telephone communication facility as a special use in the
following districts:
MR-1 (Mainland residential)
MR-2 (Mainland residential)
MR-2A (Mainland residential)
MR-3 (Mainland multifamily residential)
MB-1 (Mainland business)
MB-P (Mainland business -professional)
BB-1 (Beach business)
MH-1 (Manufactured home district)
MH-2 (Manufactured home district)
AF-1 (Agricultural -forestry district)
RI-1 (Recreational -institutional district)
Unattended telephone communication facility is a small windowless structure
housing telephone equipment that does not require regular employee attendance
for operation.
Section 2. That the remaining sections and subsections of Chapter 154 shall remain
as currently written.
33

AMENDMENT TO THE CODE OF ORDINANCES
OF THE TOWN OF
SUNSET BEACH, NORTH CAROLINA
THE TOWN COUNCIL OF THE TOWN OF SUNSET BEACH, NORTH
CAROLINA DOES ORDAIN:
Section 1. That Chapter 154, ZONING, of the Code of Ordinances of the Town of
Sunset Beach is amended as follows:
By rewriting #154.178(A)(2), Height of Buildings, to read:
"No building or structure shall be more than 35 feet in height. (See definitions
#154.003) A building or structure may exceed 35 feet in height only on the
condition that it shall be set back, in addition to any other yard requirements, from
the front and from each side lot line on a ratio of one (1) foot for each two (2) feet
rise above 35 feet in height. Under no circumstances shall the height of buildings
exceed 60 feet."
Section 2. That the remaining sections and subsections of Chapter 154 shall remain
as currently written.
34

APPENDIX I
SUNSET BEACH BUILDING AND DEVELOPMENT ORDINANCE
REVIEW
SUMMARY OF LAND USE AND DEVELOPMENT POLICIES
Description of Development Policy
Implementation Tool
Resource Protection
•
Restrict land uses in coastal wetlands and marshes to those that are water
• Land development
dependent and that conserve and protect —examples are dock, piers,
regulations and
moorings, and so on.
CAMA permitting
•
Support appropriate development of boat launching and dry storage
• Zoning ordinance
facilities to protect estuarine waters —upland excavation not permitted.
amendment
•
Projects which interfere the public's right to use public trust waters will
• Land development
not be allowed —examples are impairing navigation channels, increasing
regulations and
shoreline erosion, depositing spoils below MHW, or degrading shellfish
CAMA permitting
waters.
•
Allow only uses in the Estuarine Shoreline Area that comply with State
• Land development
standards and meet local requirements —no weakening of natural erosion
regulations and
barriers, no interference with public trust access, no runoff increase, no
CAMA permitting
pollution generated, compliance with Soil Erosion/Sedimentation Control
Standards.
•
Allow uses in ocean hazards area that eliminate unreasonable danger to
• Land development
life and property —small structures with proper setbacks, protection of
regulations and
frontal dune and vegetation, compliance with minimum lot sizes and
CAMA permitting
setbacks established by local ordinances, and minimize adverse impacts
on environment.
•
Review development plans for areas that contain remnant species
• Land development
(classified Conservation) prior to issuance of development permits.
regulations and
CAMA permitting
•
Protect prime wildlife habitats.
• CAMA permitting
•
Encourage efforts to preserve tree cover in new development and
• Zoning ordinance
redevelopment.
•
Encourage documentation of archaeological sites prior to development.
Zoning and Subdivision
Regulations —Develop -
went review process
—maintain information
regarding sites and make
it accessible
•
Allow off -site wastewater treatment systems until central system is
• Subdivision
available.
Regulations
•
Require corrective measures for foundations in areas with limitations for
• Building Code
building foundations.
35

APPENDIX I (continued)
• Require compliance with Flood Damage Prevention Ordinance
•
Flood Plain
Ordinance
• Allow package waste water treatment systems —connect to central system
•
Subdivision
when available.
Regulations
• Reduce storm water runoff by enacting improved controls.
•
Regional storm water
management plan
SBWSA
Resource Production and Management
• Prohibit mineral production and extraction activities of any kind.
•
Zoning Ordinance
• Insure that proper and adequate measures are incorporated into design,
•
Zoning and
construction, and operation of residential and commercial development to
subdivision
minimize substantial impacts on the coastal ecosystem.
regulations,
installation of
community facilities,
and CAMA
permitting
Economic and Community Development
• Protect Town from adverse growth and development by considering
•
Development review
following factors in.development review:
through zoning and
... Land suitability
subdivision
... Capacity of environment
regulations; orderly
... Compatibility with community goals and objectives
installation of
... Density and height
infrastructure and
... Capacity of community services
provision of services
... Impact on AEC's
... Location of hazardous areas with tendency for septic tank problems,
flooding, and washover.
• Preserve the small town character of Sunset Beach —preserve and
•
Zoning and
improve quality of natural and manmade environment. Encourage growth
Subdivision
patterns that reinforce existing residential and commercial development
Regulations
and that protect the environment.
• Encourage development of a variety of housing types to meet the
•
Zoning and
needs/desires of current and future residents:
subdivision
Maintain areas exclusively for single family residences
regulations
... Retain predominantly single family residential character of the
Island —restrict conversion of single family to duplexes to lots
bordering beach strand or the BB-1 zoning district
... Retain 35-foot height limit on Island
... Allow multifamily and condominium development in golf course
developments and as permitted by MB-1 and BB-1 zoning districts
... Provide areas for manufactured homes on the mainland
• Study feasibility of establishing a 50-foot height limit on the mainland _
•
Planning Board and
with changes allowed only by referendum.
Town Council studies
• Study feasibility of establishing residential density limits for each zoning
•
. Planning Board and
district.
Town Council studies
36

APPENDIX I (continued)
• Study feasibility of revising zoning ordinance and subdivision regulations
to promote conservation of natural areas.
• Planning Board and
Town Council studies
• To enhance the quality of commercial development the Town will require
• Zoning, subdivision,
adequate buffering between commercial and residential uses and
sign, and landscaping
encourage commercial development in nodes to avoid strip development
ordinances
patterns.
• Redevelopment of previously developed areas should conform to existing
• Zoning and
development requirements.
subdivision
regulations
37

Appendix H. Sunset Beach Building and Development Regulation Review
Zoning Ordinance Review
4nmmary of Mainland Residential District Requirements
MR-1 Mainland
MR-2 Mainland
MR-2A Mainland
MR-3 Mainland
MB-1 Mainland Business
Residential
Residential
Residential
Multifamily
Residential Uses
Purpose
For single family
Same as MR-1 but
Same as MR-1 but
For either multifamily or
For moderately intensive
dwellings built onsite and
providing for higher
allowing decreased front
single family dwellings
commercial and service
to discourage traffic on
residential density
yard setbacks
and to discourage traffic
uses to serve a regional
minor streets
on minor streets
market; also allows
residential uses
Typical Permitted Uses
Single family dwellings,
Same as MR-1
Same as MR-1
Multifamily dwellings
Offices, retail sales,
golf courses, and related
and any uses permitted in
convenience retail,
uses
the MR-1 district
personal services,
lodging, and
entertainment; in le -
and multi -family
residential uses
Typical Special Uses
P
PRD
PRD
PRD
Dimension/density
MAhL
Single
Multi-
Single
Requirements
f-- BY
family
family
family
Min. lot sizes .ft.
15,000
10,000
10,000
40 000
7,500
40,000
15,000
Min. lot area per units .ft.
2,000
-
2 000
Min. mean lot width ft.
75
75
75
-
1
75
Min. front yard ft.
50
50
25
25
25
25
50
Min. side yard ft.
7.5
7.5
7.5
40"
5
40
7.5
Min. rear yard ft.
25
25
25
25
25
25
25
Maximum impervious
-
65"'
65'
surface
Min. building floor area
1,800
1,000
1,000
750
1,000
750
1,800
s .ft.
Max. bedrooms
Set by septic rules
Set by septic rules
Set by septic rules
-
-
Max. building height ft
35
35
35
50
35
50
35
Dwelling unit density
2.9
4.4
4.4
21.8
5.8
21.8
2.9
permitted (dwellings per net
acre
Estimated population density
10.6
16.0
16.0
83.3
20.9
83.3
10.6
permitted(persons per acre "

Appendix II. (continued)
BR-1 Beach Residential
BR-2 Beach Residential
BB-1 Beach Business"'
AF-1 Agricultural-
CR-1 Conservation
Forestry District
Reserve District
Purpose
Same as for the MR-1
Same as for the MR-1
Primary purpose is to
Prohibit use of the land
Provide for effective
district but providing for
district
accommodate businesses
that substantially
long-term management of
2-family dwellings
to serve beach area; also
interferes with
significant, limited, or
allows compatible
agricultural, horticultural,
irreplaceable resources
residential uses
or forestry use
Typical Permitted Uses
Single family and two-
Single family dwellings
Single family and multi-
Agricultural,
Detached single family
family structures built
built onsite
family dwellings
horticultural, and forestry
dwellings in upland areas
onsite
uses, single family
dwellings, public
buildings, and golf
courses
Typical Special Uses
PRD
(See business district
PRD
Community facilities and
descriptions)
public works facilities
Dimension/density
Requirements
Multi-famil
Min. lot sizes .ft
7,500
4,500
43,560
21,780
Min. lot area per units .ft.
Min. mean lot width(ft.)
-
75
Min. front yard (k)
-
25
25
50
50 (25 ft. from CAMA
setback for ocean lots
Min. side yard ft.
10% of lot width`'
5""'
S 12 feet abutting street
7.5
Min. rear yard ft.
25
5
5
25
25
Min. building floor area
1,250
1,000
750
1,800
s .ft.
Maximum impervious
-
-
surface
Max. bedrooms
8
4
Set by se tic rules
8
Max. building height ft.
35
35
35
35
35
Dwelling unit density
S-F 5.8
9.7
11.6
1.0
1.0 dwellings per net
permitted (dwellings per net
M-F 11.6
buildable acre`
acre
Estimated population density
S-F 40.0
70.5
M-F 2.3
. 2.2
774.0]
permitted(persons per acre'
M-F 2.3

! ! ! ! ! f♦ ! f• t� ! ! ! ! ! ! ! ! !
Appendix II.. (continued)
MH-1 Manufactured
MH-2 Manufactured
Home -Conventional
Home Residential
Home District
District
Purpose
For manufactured
Principally for
home and
manufactured homes
conventional single
family homes
Typical Permitted Uses
Single -wide and
Double -wide
double -wide
manufactured homes
manufactured and
conventional single
family dwellin e
Typical Special Uses
-
-
Dimension/density
Requirements
Min. lot sizes .ft.
9,000
6,500
Min. lot area per unit
-
-
s .ft.
Min. mean lot width ft.
60
60
Min. front yard ft.
50
50
Min. side yard ft.
6m
6
Min. rear yard ft.
20% of depth up to 25'
10% of depth up to 20'
Min. building floor area
S-F = 850
Double -wide = 864
(sq.ft.)
Single -wide = 600
Double -wide = 864
Maximum impervious
30
30
surface
Max. bedrooms
-
-
Max. building height ft.
35
-
Dwelling unit density
4.8
6.7
permitted (dwellings per
net acre
Estimated population
17.5
24.4
density permitted
(persons per acre'

Appendix II. (continued)
MB-1 Mainland
Business (Residential
MB-P Mainland
Uses)
Business -Professional
BB-1 Beach Business
Purpose
For moderately
Provide attractive
Provide a wide range
intensive commercial
setting for traditional
of commercial uses to
and service uses to
professional offices
serve the beach
serve a regional
that generate low
community and to
market; also allows
traffic volumes;
minimize adverse
residential uses
located on major
impacts; single family
thoroughfare
and multi -family uses
Typical Permitted Uses
Offices, retail sales,
Offices for any
Restaurants, lodging,
convenience retail,
qualified professional
beach -related retail
personal services,
except those that
uses, beach rentals,
lodging, and
require boarding of
public uses, and
entertainment; sin le-
animals, generate
offices; single family
and multi -family
chemical wastes in
uses
residential uses
labs, or require outside
storage
Typical Special Uses
Primarily
-
Similar to those
entertainment -type
permitted in the MB-1
businesses with
district
potential
conflicts —noise, hours
of operation, traffic,
and safety hazards
Dimension/density
Requirements
Min. lot sizes .ft.
6,000
20,000
4,500
Min. mean lot width ft.
50
100
Min. front yard ft.
50
5
Min. side yard (ft.)
5 (on side abutting
8 (abutting a
5
street)
residential use or
8 (side abutting
zone)
residential use or
zone
Min. rear yard (ft.)
20 (abutting residential
20% of the lot depth
5
use or zone
Max. building height ft.
35
35
35
Maximum impervious
-
-
-
surface %

Appendix II. (continued)
Notes:
To be effective, these local regulations must meet three requirements: 1) provisions
should be consistent with the goals and intent of the plan; 2) where appropriate, local
regulations should be linked for mutual support; and 3) provisions should support and be
consistent with the State's coastal management program. that are closely linked to local
building and development ordinances for implementation. To implement these policies,
local codes must After a preliminary review of these policies and local codes and
ordinances, fifteen policies were identified for further evaluation Table 2.1 provides an
overview of the LUP's key land use and development policies.
The subdivision regulations also require a small five-foot natural buffer adjacent to
streams. The intent of this requirement is not stated;. however, it appears to be a
requirement designed to preserve and enhance water quality by reducing sedimentation
and nutrients in run-off.
' PRD = Planned Residential Development
20-foot required separation between buildings; setback from property line can be reduced to 20 feet if
abutting another multifamily development.
MR-3 district does not contain specific limits on impervious surfaces. For multifamily developments, the
ordinance requires that 35% of the entire area being developed under one central development plan contain
common open space. Fifty percent of the common open space must be devoted passive uses. Parking is
defined as a passive use.
" MR-3 district does not contain specific limits on impervious surfaces. For multifamily developments, the
ordinance requires that 35% of the entire area being developed under one central development plan contain
common open space. Fifty percent of the common open space must be devoted passive uses. Parking is
defined as a passive use.
'Population density estimate combines permanent and seasonal population per dwelling unit from CAMA
Land Use Plan.
." Single family uses have same dimension requirements as BR-1 south of Main Street and BR-2 north of
Main Street. Dimension requirements for multifamily are described in district.
Side abutting public street may have 5-foot yard; lot owner of record must have 5-foot minimum
sideyards.
' 12 feet required when abutting public street.
ix Net buildable acre excludes any wetland or area within setback required by CAMA.
" Both MH-1 and MH-2 districts require mobile homes placed in the districts to be no older than 8 years.
�' 10-foot side yard required when abutting street.