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(A) Definition. The Ocean and Sound Overlay District shall consist of all waters abutting the town on the Atlantic Ocean and Currituck Sound that are within 1,000 feet of the town's shoreline, plus the adjacent CAMA Areas of Environmental Concern.
(B) Intent. The Ocean and Sound Overlay District is established to provide for the appropriate use of the ocean and sound waters that adjoin the town, including any island areas therein, as well as the Areas of Environmental Concern as established by the Coastal Area Management Act (CAMA) appurtenant thereto, to ensure the continued aesthetic, environmental, and recreational value that these waters provide to the town, its residents, visitors and the surrounding area. The Ocean and Sound Overlay District regulations are in addition to all other town ordinances that regulate, for example, the use of personal watercraft and driving on the beach, and that prohibit specified commercial activities in public trust areas. Nothing contained within this section shall be deemed, however, to prohibit or regulate commercial fishing and navigation. Whenever practical, the town encourages property owners to use natural design and materials when considering shoreline stabilization projects.
(C) Permitted uses.
(1) Swimming, boating, sailing, fishing, hunting, wading, crabbing, clamming, and other active and passive noncommercial recreational activities.
(2) Water-dependent commercial recreation activities, provided that the base of the activity is located in a zoning district that permits such activity or such base is located outside the planning and development regulation jurisdiction of the town and further provided that such activity meets all other relevant town ordinances.
(3) On all land abutting the ocean and sound waters, uses permitted shall be those established in the underlying zoning district, subject to all other relevant town ordinances as well as CAMA and other relevant state and federal agency permitting requirements.
(4) Piers and docks, provided such facilities are permitted by CAMA, U.S. Army Corps of Engineers or U.S. Coast Guard, whichever is applicable, and provided further that the activity associated with the pier or dock is also permitted by the zoning district where the pier or dock is anchored.
(5) Future recreational activities or uses (those not introduced on the waters of the town as of May 1, 2002) may be allowed as a special use, subject to procedures described in § 156.155. The purpose of the special use permit is to provide for appropriate review of new activities prior to their introduction and allow for conditions to ensure activities that are compatible with the character of the district.
(6) The following improvements when associated with the installation of a living shoreline or marsh restoration project in Currituck Sound. Such projects must obtain approval from all applicable state and federal agencies.
(d) Fill/addition of wetland soils to be planted with marsh vegetation.
(D) Prohibited activities.
(1) No permitted beach push or dune restoration activity may take place in the public trust area on weekends or holidays.
(2) No filling of wetland areas shall occur within the Ocean and Sound Overlay District.
(3) No parasail landing and takeoff or seaplane landing and takeoff or similar activities may take place within the Ocean and Sound Overlay District.
(4) No water skiing or tubing and similar recreational towing activities may take place within the Ocean and Sound Overlay District.
(5) The use or placement of sandbags for the purpose of temporary erosion control as outlined in the North Carolina Administrative Code (15A NCAC 07H .0308) and the North Carolina General Statutes (§ 113A-115.1).
(6) All other uses not expressly permitted are hereby prohibited.
(Ord. 07-08, passed 6-6-2007; Am. Ord. 10-14, passed 1-5-2011; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 17-15, passed 1-3-2018; Am. Ord. 21-01, passed 6-2-2021) Penalty, see § 156.999