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Bald Head Island Overview
Bald Head Island, NC Code of Ordinances
VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA
PART I CHARTER*
PART II CODE OF ORDINANCES
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Sec. 9-102.   Components.
   (a)   Entry. A commercial building may have several "front doors." Primary entry-doors should reflect the architectural style of the project and be distinct in prominence from standard access units.
   (b)   Column trim-enclosure. Scale and level of detail shall be consistent with overall design and length of the column. Patterns and size may vary to establish patterns and rhythm in elevations.
   (c)   Rafters. Barge and exposed rafters should be sized in proportion to the structure. Larger projects are encouraged to use rafter sizes and spacing bigger than the typical sizes used on a smaller structure.
   (d)   Beams and brackets. Where exposed beams and brackets are used with rafters, these members should be sized proportionally with the rafters and the overall scale of the project.
   (e)   Decks. Decks more than four feet deep or four feet high must be supported on dedicated deck pilings rather than braced from the building pilings. These deck support pilings must be a minimum of eight inches by eight inches. Cantilevered decks, balconies and other heated space must be bracketed or braced from the building pilings or walls.
   (f)   Porches. The use of porches is encouraged. The designer is responsible for ensuring that a porch used for exit access or as a seating area meets local, state and federal requirements. Porch ceilings should be tongue and groove or panels with a pattern of baton strips.
   (g)   Elevators. Every effort should be made to keep elevators inside the building. However, if this is not possible, exterior elevators may be allowed, provided they are concealed or incorporated into the overall pattern/scale of the building elevations.
   (h)   Exterior lighting. Light pollution is avoidable. Building and site design should be frugal with exterior lighting.
      (1)   All exterior lighting fixtures, regardless of design, are subject to approval.
      (2)   All lighting will be baffled to prevent direct visualization of the light source.
      (3)   All exterior wall lighting shall have a baffle-to-light source relationship that creates a maximum spread of light of 90 degrees from the bottom of the baffle. All fixture lenses and bulb covers must maintain the source-to-baffle relationship indicated in the diagrams and examples of the baffle-to-light source relationship calculations per figure 13.
      (4)   All pathway low-luminary lighting shall have a baffle-to-light source relationship that creates a maximum spread of light of 120 degrees from the bottom of the baffle. All pathway lighting shall be no higher than 18 inches above grade as measured from the top of the light fixture.
      (5)   All hooded exterior wall fixture bulbs will be from the white family and no bulb shall be brighter than 450 lumens. (Approximat ely 40 watts incandescent, ix watts LED, ten watts CFL). The bulb/light color temperature must be 3,000 kelvins or less, which is warm white in color.
      (6)   Pathway or stairway lighting fixtures must utilize a maximum equivalent of 100 lumens or less. This light style must be reviewed and approved by the CRB and must be used sparingly.
      (7)    Placing television sets or other electro nic equipm ent on exterior decks, porches , and the like is not permitted, unless it is possible to shield from horizon tal view by neighbors and from the street/alley and the like. Special note should be made of the Village of Bald Head Island Noise Ordinance.
   (i)   Interior lighting. The design standards encourage window treatment, light fixture design, timers, switching configurations, and other options that limit light pollution caused by interior lighting. It is also important to limit the projection of interior lighting to the exterior of the structure. All buildings should utilize shades/blinds as appropriate to limit light emanating from within the structure to the outdoors, and interior lights must be turned off after business hours except those required for safety/security purposes.
   (j)   Color and texture. The design standards encourage traditional color schemes that emphasize gray and neutral color for the main body of the project and off-whites for the trim and decoration.
(Ord. No. 2023-1102, 11-17-2023; Ord. No. 2024-0702, 7-19-2024)
Sec. 9-103.   Commercial lot: usage/building typology.
   Within the three commercial districts: Marina/ Harbour District, Mid-Island District, and the East Beach District, specific site and building requirements are established to protect the public domain and overall community character. The "condition types" in these design standards respond to the uniqueness of each area and allowable uses. See appendix A for building type setbacks and parking requirements.
   (a)   Type A: Mixed use-residential/commercial. Federal Road/Shoals Alley development and Bridge-Lot development: to maintain the "Street character" of lots bordering residential neighborhoods, designs are required to meet building setback, coverage, and design requirements of immediately adjacent neighborhoods (reference Bald Head Association Design Guidelines, which may be available online from the Bald Head Association) excepting as follows:
      (1)    Height. Maximum height of the primary roof structure is 45 feet above virgin grade at the building perimeter. "Usable space" located above a height of 30 feet is to be accommodated within the roof mass (reference composition).
   (b)    Type B: Commercial/service/storage/warehousing. These buildings and related service yards require increased setbacks with protected natural screening to preserve the natural character of the access street. Additional considerations:
   (1)   Minimize width of curb cut to 16 feet and clearing of drive ROW to 12 feet.
   (2)   Require exterior storage of vehicles and materials to be located behind the front line of the street elevation of the building.
   (3)    Provide screening for exterior storage of materials.
   (c)   Type C: Mid-Island & Marina/Harbour District; commercial/residential. Special considerations include:
      (1)   Primary massing and elevation datums to relate to existing/neighboring structures.
      (2)   Separation of residential parking and service facilities from commercial requirements.
      (3)   Minimize exterior lighting at upper levels.
   (d)   Type D: high density; Mixed use residential/commercial. Muscadine corridor: To maintain the “street character” of lots bordering residential neighborhoods, designs are required to meet building setback, coverage, and design requirements of immediately adjacent neighborhoods (reference Bald Head Association Design Guidelines, which may be available online from Bald Head Association) excepting as follows:
      (1)   Height. Maximum height of the primary roof structure is 45' above virgin grade at the building perimeter. “Usable space” located above a height of 30' is to be accommodated within the roof mass (reference composition).
   (e)   Type E: institutional campus/public service buildings. Special consideration should consider:
      (1)   Primary massing and elevation datums to relate to existing/neighboring structures.
      (2)   Defined pedestrian access points to promote continuity of campus program.
      (3)   Special use permitting.
      (4)   Safety: adjacency to primary streets, address heavy traffic passing through campus areas, designate pedestrian "drop off” areas.
(Ord. No. 2023-1102, 11-17-2023; Ord. No. 2024-0702, 7-19-2024)
Sec. 9-104.   Specific site requirements.
   (a)   Storm water management. Allowable impervious surface area is based on storm water permits issued by the North Carolina Department of Environmental Health and Natural Resources (NCDEHNR). Different sites are subject to different storm water requirements depending on the location, grade, existing detention or retention structures, and the terms of the specific storm water plan filed with and approved by NCDEHNR. The designer is responsible for determining the storm water requirements, designing the project within the impervious surface available, and securing all required permits.
   (b)   Hardscape paving. Exterior walkways may be paved with concrete pavers, wood boardwalks or concrete. Loose gravel, rock or landscaped paving is not approved for required building access. Asphalt paving is only approved for passenger vehicle parking. Pervious paving and "honeycomb" paving is encouraged in parking areas. Gravel, rock or landscaped paving can be used on ornamental paths in a landscape plan.
   (c)   Signage. Building and overall project signage is regulated by the Village of Bald Head Island Code of Ordinances and these design standards. All signs must be submitted to the CRB for approval. CRB approval is required for, but not limited to, the color, shape, graphic design, font style, and message to the extent necessary to preclude offensive or derogatory language. Provided that a business logo is consistent with existing architecture and in compliance with the requirements of the Village of Bald Head Island Code of Ordinances and these design standards, such logo may be used as or incorporated into project signage. Except as otherwise set forth in these design standards, Village of Bald Head Island Code of Ordinances, Sec. 32-403 regulates attachment methods for signs, the sign size, location and other criteria.
   (d)   Landscape. Landscape plans are required and must show the type, size and number of plants and the irrigation system, walkways or ornamental areas incorporated into the landscaping. Details of any landscape accessories such as benches, pergolas, trellises, or other permanent or semi-permanent structures must be provided. Approved plant types and drawing requirements are listed in appendix A.6.
   (e)   Accessories. Flags/ flagpoles: the request to install a ground-mounted flagpole must be submitted for approval and must include a site plan with dimensions and specifications for the proposed pole location. Only one ground-mounted flagpole may be installed on a property. Any ground-mounted flagpole must be made of wood or high-quality metal. The flagpole must be no taller than 25 feet and no taller than the primary structure. A bracket-mounted flag kit is allowed on main structures and does not require approval. The maximum flag size allowed is four feet by six feet and does require approval. United States flags shall be in good condition and displayed in a respectful manner in accordance with the United States flag code of 1976.
   (f)   Parking and space requirements. The number of required parking spaces for each project is identified in appendix A.1.
   (g)   Trellis. When a trellis is to be installed, the following standards must be met:
      (1)   Material: dimensional lumber.
      (2)   Maximum footprint of detached trellis: 120 square feet.
      (3)   Height: maximum ten feet, minimum eight feet measured from finish elevation to lowest horizontal member
      (4)   Proportion to complement other structures on the lot.
(Ord. No. 2023-1102, 11-17-2023; Ord. No. 2024-0702, 7-19-2024)
Sec. 9-105. Landscaping.
   (a)   General considerations. When designing a landscape plan, please be aware of the following:
      (1)   Disturbance of wetland areas and vegetation is to be avoided when possible.
      (2)   Village approval is required for removal of any tree of three-inch caliper or greater at 48 inches above grade.
      (3)   A plot plan showing trees of three inches or greater diameter is required before proceeding, or those trees should be marked on the tree survey if part of new construction. (See Tree Mitigation and Review Process sections of the design standards.)
   (b)   Clearing, trimming and maintenance, special conditions.
      (1)   Vegetation salvaging. Prior to any clearing, the CRB administrator must be contacted to schedule the tagging and salvaging of critical Bald Head Island vegetation from the proposed construction area.
      (2)   Lot clearing for sale of property. Clearing of the entire understory or clearing for the sole purpose of selling a lot is not permitted. However, to provide ease of access, a path of 36 inches in width may be cleared as long as no trees, tree limbs or clustered growth, subject to village approval, are disturbed. Any violation due to more extensive clearing will be subject to fines and/or mitigation.
      (3)   Lot clearing for survey or staking. Some clearing of understory trees and shrubs may be required to prepare a site for survey or to stake the proposed building site. Permission to clear such understory trees and shrubs shall not be required by the CRB for the purpose of surveying but clearing shall be limited to vegetation less than three inches in diameter at 48 inches as measured along the trunk from ground level or any tree limb less than three inches in diameter. Any vegetation larger than this, or any vegetation that exists as clustered growth or having horizontal branching habits, must be approved for removal regardless of diameter size. Exception: it is understood that when surveying to establish the property lines of a lot, vegetation may impede the ability of the surveyor to establish a sight line. Any vegetation directly in the sight line that is less than three inches in diameter at 48 inches, as measured from the base at ground level, may be removed. CRB approval must be granted to remove any vegetation three inches or greater in the sight line. Violations of this requirement are subject to mitigation and fines.
      (4)   Lot clearing for any construction. All construction sites must adhere to provisions in other sections of the design standards. The intent when clearing for construction or renovation projects should be to disturb as small an area as possible. An approved site plan is required prior to any vegetation removal for construction.
      (5)   Understory removal. Understory should be removed only in the designated building area as shown on the approved site plan. Building materials or equipment should not be allowed to destroy remaining areas of understory or be placed near trees. All trees should be protected with fencing and this fencing must remain in place for the entire construction process.
      (6)   Canopy and understory trimming. Cutting and thinning should be kept to an absolute minimum.
      (7)   Dune vegetation. The removal of vegetation from any dune area is a critical issue. This vegetation (shrubs, grasses, or vines) holds the dunes in place preventing erosion and storm damage. Due to the wind and salt environment, most of these plants never grow large enough to be subject to approvals for trees. However, they may be covered by additional CRB approval requirements regarding limbs, clustered growth or understory.
      (8)   Mulch. If available, mulch used should come from the Bald Head Island mulch site or be a pre-bagged product to help control pests.
      (9)   Synthetic/artificial plants. Synthetic and artificial plants are not allowed.
      (10)   Pine straw. Pine straw is not allowed.
      (11)   Nothing may be affixed to a tree or vegetation.
      (12)   Grass. Installation of turf grass lawns is not permitted. Use of native grasses that are naturally maintained are permitted (see plant lists).
      (13)   Herbicides. Herbicides can damage the root zones of desirable trees and shrubs. The need for and use of herbicides may best be determined by landscape professionals.
      (14)   Avoid using bush-hogs when removing vegetation since it is very easy to scrape and damage desirable trees and shrubs with heavy equipment and to increase undesirable compaction and root system damage.
      (15)   Maintenance. All reasonable means shall be taken during and after construction to protect and preserve existing and newly installed landscape material. Maintenance, irrigation, and replacement programs are to be in place at completion of construction to ensure established landscapes.
   (c)   Tree and vegetation removal/mitigation.
      (1)   All existing trees three inches or greater in diameter, at 48 inches as measured along the trunk from the base of the tree at ground level, shall be entered on a tree survey and submitted to the CRB with proposed site plans. This survey shall depict the exact location, size and drip line or canopy line of the trees and clearly identify the trees that will be removed and the trees that will remain, along with a description of steps that will be taken to protect them. Additionally, for dune lot tree surveys, vegetation, (classified as two square feet or more of clustered growth at ground level regardless of branching habits or branch diameter) shall also be noted on the survey and if any of this type of vegetation is to be removed, it should be clearly identified.
      (2)   Existing trees and vegetation must be protected during construction with fencing. The fencing must remain in place throughout the entire construction process. This fencing shall be wood snow fence and protect the extents of the drip line where practicable (See Figure 21).
 
      (3)   The CRB may require a mitigation rate of up to 100% for each inch of diameter of trees or vegetation to be removed. A mitigation response needs to be determined by the CRB.
      (4)   All specimen trees shown on the tree survey outside of the building envelope shall be carefully protected from construction activities in any manner deemed appropriate by the CRB, including protective fencing. This fencing shall remain in place throughout the construction process (see construction/site standards).
   (d)   Unauthorized removal of trees and vegetation.
      (1)   The unauthorized removal of trees or clustered growth on any property is considered a serious event and violation. The Village of Bald Head Island Code of Ordinances restricts removal of trees and clustered growth. Failure to obtain CRB approval prior to removal may result in fines and mitigation.
      (2)   The Village of Bald Head Island Code of Ordinances provides that removal of any tree or trees three inches or greater in diameter at 48 inches above grade requires permission and/or a landscape permit from the village building inspector, even if the tree is determined to be dead or diseased.
      (3)   Per the Village of Bald Head Island Code of Ordinances, removal of branches of five inches or more in diameter also requires village approval.
      (4)   CRB approval is required for the removal of trees three inches in diameter; understory vegetation one inch or greater in diameter, measured 48 inches along the trunk from ground level; tree limbs of three inches or more in diameter; and clustered growth vegetation two square feet or more at ground level regardless of branching habits or diameter.
      (5)   Removing trees or branches without first obtaining CRB approval will result in a fine, and mitigation of the loss of trees or limbs. The Village of Bald Head Island Code of Ordinances allows the village to assess fines of $500 per inch of diameter at 48 inches above grade of the cut tree.
      (6)   If mitigation is required, the property owner may be required to plant a tree(s) of like kind and of the same size as the cut tree(s) within 180 days of the fine, guaranteeing the tree to survive for one year after the planting date.
      (7)   The building inspector must approve the location(s) of the planted tree(s). The CRB also has the discretion to require submittal of a landscaping plan.
      (8)   In the case of "competing trees," the building inspector shall decide which tree(s) will be removed. The removal of dead trees requires the same CRB approvals as live trees but does not require a village contractor permit. If a decision by the building inspector is disputed, the property owner must provide sufficient evidence to show the tree is dead, represents a danger to individuals or property or that the tree is diseased and will not live.
   (e)   Landscaping requirements for new construction and major renovation.
      (1)   Engage a trained landscape design professional.
      (2)   New construction landscape plans should utilize the proposed site plan with topographical information provided by the survey/site plan that is required for a draft level submittal.
      (3)   Parking and vehicular use areas shall be screened from adjacent properties and public right-of-way with existing/protected vegetation or a continuous solid row of evergreen plantings that will reach a minimum height of four feet at maturity as set out in the latest edition of “American Standard for Nursery Stock,” by the American Horticulture Industry Association, Inc. (ANSI Z60.0).
      (4)   Commercial uses must be screened from abutting residential zoning using either existing or planted vegetation. The screening shall be evergreen, continuous, and a minimum of six feet in height at planting and of a variety that reaches a minimum height of 25' at maturity as set out in the latest edition of “American Standard for Nursery Stock,” by the American Horticulture Industry Association, Inc. (ANSI Z60.1). Plants shall be spaced accordingly to achieve this performance requirement.
      (5)   Existing built sites planning a major renovation should utilize a site plan that includes all existing improvements, remaining existing landscaping, hardscape and illustrate the proposed changes.
      (6)   Verify setbacks of the property as determined by the design standards and the Village of Bald Head Island Code of Ordinances, as well as government waterfront setback controls and maximum allowable impervious.
      (7)   Plants indigenous to Bald Head Island (identified as "native" on the plant list) should be the predominant source for landscape plans. It is required that a minimum of 70% of the new plant material be native to Bald Head Island. The use of non-native plants (see glossary for definition) is limited to a maximum of 10% of the plan. Up to 30% of the plant material may be N.C. native. The plant lists are subject to change and plants not on these lists may be considered.
      (8)   No known invasive plants may be planted (see plant lists, appendix A.6.).
      (9)   Artificial plants are not allowed.
      (10)   During construction, naturalized areas of the property that are not within the CRB approved building area (denoted by the limits of construction fencing) must not be disturbed. Any areas outside the limits of construction fencing that are disturbed must be restored to their original natural character.
      (11)   The clearing of understory is not permitted in setbacks except as permitted in these design standards within six feet of the structure, or as necessary for an approved site plan or landscape plan and as reflected in the approved site plan or landscape plan. For example, some clearing within a setback may be required for driveway access. All clearing for new construction must be reflected in the CRB approved plan.
      (12)   Water conservation is an important Bald Head Island issue. Drip irrigation to maximize water effectiveness is strongly recommended. The plant selection should consider limiting use of drip irrigation to the first year for the establishment of new plantings.
   (f)   Recommended plant list. The lists are based upon plants that have been found to be native to Bald Head Island, native to North Carolina and examples of some of the non-native plants that have been planted on Bald Head Island. The distinction between native and non-native species is important because native species have generally adapted and evolved with the competing species, predators, and diseases of an area over many centuries or longer. Bald Head Island native plants support indigenous wildlife, habitats, ecosystem function and ecosystem services. There are suggestions for which plants typically do well in the various micro-island environments. The "please don't plant me" list (found in appendix A.6.(g)) also includes common non-native invasive plants. Lawns are not allowed. In reviewing landscape plans, the CRB will consider plants not on these lists provided they are not considered invasive or aggressive. Reference plant list in appendix A.6.
(Ord. No. 2023-1102, 11-17-2023; Ord. No. 2024-0702, 7-19-2024)
APPENDIX A.
A.1. Parking space requirements.
   (a)   Size.
      (1)   7 feet by 13 feet area should be allocated to accommodate six seat carts.
   (b)   Count.
      (1)   All developments in all zoning districts shall provide enough parking spaces to accommodate the number of vehicles attracted to the intended use.
      (2)   The table of parking requirements cannot and does not cover every possible situation that may arise. In cases not specifically covered, the CRB has the authority to determine the parking requirements using the table as a guide.
Building Type
Type of Use
Parking Space Requirement
Building Type
Type of Use
Parking Space Requirement
Type A & D
Mixed use dwelling unit
2 per dwelling unit
 
Residential
1 per bedroom unit
 
Commercial/office with little or no client traffic
1 per 400 gross sf commercial/office
 
Commercial/office designed to serve clients on the premises
1 per 200 gross sf
   
Commercial/retail
1 per 400 gross sf
 
Hospitality
2 per six seats in venue
Type B
Single use: service/storage/warehousing
2 per min. dedicated private spaces
4 per designated customer
   
Single use: commercial/office
1 per 400 gross sf
Type C
High density: mixed use
2 per dwelling unit
 
Residential
1 per bedroom unit
 
Commercial/retail
1 per 400 gross sf
 
Hospitality
2 per six seats in venue
Type E
Institutional/public service
Special use permit designation
 
(Ord. No. 2023-1102, 11-17-2023; Ord. No. 2024-0702, 7-19-2024)
A.2. Setback Requirements.
 
Building Type
Location
Front
Side
Rear
Type A
Mixed use residential & commercial
Federal Road/Shoals
Alley Development
Bridge-Lot
25 ft. setback
Parking/planting (10 ft. - 17 ft.)
Sidewalk (8 ft.)
10 ft
10 ft
Type B
Commercial , service, storage, warehousing
Edward Teach Wynd
50 ft. setback
20 ft. planted buffer
30 ft. parking, storage, etc.
25 ft.
35 ft.*
Type C
Mid Island, commercial & residential, Marina, Harbour commercial & residential
Edward Teach Wynd
Maritime Way ***
Marina/Transportation
Expansion Area
35 ft. setback
15 ft. parking, planting, trees
20 ft. planting, sidewalk, seating
8 ft.
10 ft.*
Type D
Mixed use residential & commercial
Muscadine Corridor
35 ft. setback
15 ft. parking, trees
20 ft. planting (12 ft.), sidewalk (8 ft.)
10 ft.
10 ft.
Type E
Institutional, Campus, Public Service Buildings
Old Baldy Historic District
Conservancy
Riverfront
Public Service Areas
Special Use Permit
New Streets: Building type, setback, and yard standards shall be determined by the Commercial Review Board.
 
*   Additional buffer may be required on properties bordering residential areas. Verify with CRB administrator for all special conditions.
**   Corner lots: Front setback applies to both streets.
***   Access to Development in the Maritime Way District must be from Maritime Way, a 35 ft. rear setback is required along North Bald Head Wynd.
(Ord. No. 2023-1102, 11-17-2023; Ord. No. 2024-0702, 7-19-2024)
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