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TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
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TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USE
TABLE OF SPECIAL ORDINANCES
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§ 156.133 OUTDOOR LIGHTING.
   (A)   Intent and purpose.
      (1)   The intent of this section is to set standards for outdoor lighting at proper intensities so as to adequately serve the intended use and not unreasonably interfere with the use and enjoyment of neighboring properties. It is further intended that the standards shall preserve the visual integrity of the nighttime environment by reducing glare and maintaining the character and integrity of the coastal village.
      (2)   The purpose is to regulate artificial lighting devices and encourage lighting that enhances visual performance and safety, particularly the illumination of buildings and landscaping, lighting of parking areas, loading zones, open canopies and signs.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      FOOT-CANDLE. The measurement unit indicating quantity of light on a surface area, particularly intensity of light (see lumen) per square foot area. The term “maintained foot-candle” is used to denote adjustment for dirt build up or fixture aging (a depreciation factor).
      FULLY SHIELDED. A light fixture whose housing is horizontal and opaque on top so that light is spread below and around but not above.
      GLARE. The experience of luminance within a visual field significantly greater than lighting to which eyes are accustomed causing loss of visual performance and discomfort.
      LIGHT FIXTURES. Any electrically powered illuminating device, reflective surface, lamp or any similar device used for illumination or advertisement.
      LUMEN. The unit measuring the quantity and intensity of light emitted by a light source, especially as it falls on a surface area. The lowest quantity of light on 1 square foot area is termed 1 foot-candle.
      RECESSED or FLUSH MOUNTED. A fixture mounted above the ceiling with the opening, lens or cover of the fixture recessed or level with the ceiling surface whereby all light is emitted below the horizontal plane.
      STRUCTURE OUTLINING.
         (a)   Exposed or channel neon, argon, krypton or similar gas tube lighting attached to and outlining a structure or building so as to direct attention to the same.
         (b)   Any light source that illuminates a translucent 2 or 3 dimensional surface, or object, that is not part of a permitted sign and directs attention to a building or structure.
   (C)   Lighting prohibited:
      (1)   Light fixtures which imitate official highway or traffic control lights or signs;
      (2)   Light fixtures in the direct line of vision with any traffic control lights or signs or that interfere with drivers’ vision, subject to the Zoning Administrator’s determination;
      (3)   Light fixtures with blinking, flashing or intermittent illumination;
      (4)   Light fixtures that violate any law of the State of North Carolina;
      (5)   Illumination of public beach or estuarine waters from uses which are not water dependent shall be prohibited;
      (6)   Light fixtures which are a source of glare by their design, orientation or intensity; and
      (7)   Structure outlining is prohibited. However, temporary holiday lighting is permitted to outline buildings for a total of no more than 60 days between November 15 and January 15, provided that individual lamps are 10 watts or less.
   (D)   General provisions.
      (1)   Lighting fixtures shall be located on the site and designed, shielded or oriented in a manner so as to minimize light spill across property lines and prevent glare at any location on or off the property.
      (2)   All wiring to light fixtures not located on a building shall be placed underground.
      (3)   Principal buildings shall provide security lighting.
      (4)   No light fixtures shall exceed 18 feet in height.
      (5)   Commercial buildings with more than 50% glass on any exterior wall must have a shield or be oriented in a manner so as to minimize light spill across property lines and prevent glare at any location on or off the property.
      (6)   Light fixtures and supporting structures shall be designed and constructed to comply with North Carolina State Building Code requirements.
      (7)    For any special use, an outdoor lighting plan shall be submitted in conjunction with the submission of a site plan for Town Council review. For those projects not subject to special use permit review, an outdoor lighting plan may be required for those projects that feature a total of 10 or more exterior light fixtures as depicted on the site plans and/or building plans.
   (E)   Application standards. These are based on use and anticipated activity as follows:
      (1)   High levels of activity including gas stations, convenience stores, restaurants, drive-through eating places and banks;
      (2)   Medium level after-dark activity includes retail and shopping centers, hospitality establishments, health clinics and indoor recreational uses; and
      (3)   Low-level activity includes professional offices, churches and private clubs.
   (F)   Specific lighting standards.
      (1)   Canopy lighting. Open canopies located over automobile service stations, gas pumps and drive through banking facilities. Only the area directly below a canopy may be illuminated and shall have maximum foot-candles of 10. Parking spaces not located directly beneath the canopy shall be lighted in accordance with standard parking areas.
      (2)   Security lighting. To be used for protection of people and property including illumination above doorways and entries. Security lighting shall not exceed 8 maintained foot-candles. Areas solely for pedestrian circulation, walkways, shall be provided with security level illumination.
      (3)   Architectural and interior lighting. Light fixtures mounted on a building shall be recessed, fully shielded or directed to the wall surface. Floodlights may be utilized to up light opaque wall surfaces from the ground. The maximum vertical illumination, of an entrance facade shall not exceed 5 average maintained foot-candles. When a single wall surface area of a building is 50% glass or greater, or when interior light fixtures are visible from the property line or off-site location, the interior light fixtures shall be fully shielded to prevent line of sight contact with light source lens or opening. Further, a canopy or overhang of not less than 4 feet shall deflect any glare.
      (4)   Outdoor recreational uses. Sports floodlight fixtures may be utilized provided they shall be hooded and directed or shielded that the light source cannot be viewed directly from adjacent properties and streets.
   (G)   Lighting allowances by foot-candle.
Use
Maximum
Use
Maximum
Service station (canopy)
10
Restaurant
8
Retail
8
Parking lots
8
Architectural surface area
5
Walkways
.5
Security
8
 
   (H)   Measurements. Measurements are to be made in foot-candles with a direct reading, portable light meter. Unless otherwise specified, the meter sensor shall be mounted not more than 6 inches above ground level in a horizontal position to measure horizontal illumination. Vertical illumination shall be measured at a height of 5 feet with the sensor mounted not more than 6 inches from the wall surface and the meter sensor in the vertical position.
   (I)   Nonconforming fixtures. Any existing light fixtures that do not conform with the standards of these lighting regulations shall be non-conforming fixtures and may continue in operation until May 7, 2006. Any non-conforming fixtures that are destroyed or removed must be replaced in conformance with these standards. Outdoor lighting for yards, signs, advertising structures, parking lots and other areas must be oriented or shielded so that the light and glare reflects away from streets and adjacent property.
(Ord. 04-21, passed 10-6-2004, § 46; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021)
§ 156.134 PROHIBITED USE OF MAJOR RECREATIONAL EQUIPMENT PARKED OR STORED.
   For the purpose of this chapter, MAJOR RECREATIONAL EQUIPMENT is defined as including boats and boat trailers, pickup campers or coaches, designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment whether occupied by that equipment or not. Major recreational equipment parked or stored on residential premises shall not be used on the premises for living, sleeping or housekeeping purposes.
(Ord. 04-21, passed 10-6-2004, § 47)
§ 156.135 ACCESS TO N.C. HIGHWAY 12.
   Due to the limited amount of land available within the zoned areas of the town for major thoroughfare rights-of-way and the traffic hazard involved in frequent entrances and exits from a major thoroughfare, it is the intent of this chapter to keep driveways and street intersections along N.C. Highway 12 to the minimum possible. In any district established by this chapter where a lot abutting N.C. Highway 12 also abuts any other dedicated public right-of-way or platted private street or road in a community of which the lot is a part, the right-of-way or private street or road shall be used for access rather than N.C. Highway 12.
(Ord. 04-21, passed 10-6-2004, § 48)
§ 156.136 MAJOR AND MINOR HOME OCCUPATIONS.
   (A)   Major home occupations are subject to the following operational standards:
      (1)   The use shall be conducted entirely within a dwelling unit which is the bona fide primary residence of the professional person and in which he or she does in fact reside during nonbusiness hours;
      (2)   The use shall comprise no more than 25% of the gross floor area of the principal dwelling, excluding attached garages;
      (3)   The professional person shall engage no more than 2 employees in the occupation on the premises;
      (4)   There shall be no display of goods, tools, equipment, commercial vehicles or advertising other than a single sign subject to the standards outlined in § 156.130; and
      (5)   No person shall conduct a home occupation without obtaining the appropriate business, service or occupational license required by law. All home occupations shall comply with applicable state, federal and local regulations.
   (B)   Minor home occupations are subject to the following operational standards:
      (1)   No person other than a member of the family residing on the premises shall be engaged in the occupation or business on the premises;
      (2)   There shall be no visible evidence (including signs of any size) of the minor home occupation in the outside appearance of the premises;
      (3)   The minor home occupation shall generate no greater volume of traffic than would normally be expected from a single-family residence, subject to the additional operational standards for home businesses and student instruction and consistent with the residential character of the neighborhood;
      (4)   The business or commercial use shall not generate any need for off-street parking spaces;
      (5)   No equipment shall be used other than that normally used for domestic, hobby, household or small office purposes in a single-family residence;
      (6)   The street address of a home occupation business shall not be advertised to the general public in newspaper, radio or television advertisements. This provision shall not be construed to prohibit address listing in telephone directories, on business cards, or in communication with customers, suppliers or professional colleagues, nor shall it prohibit referrals to individual consultants from corporate internet sites by customer inquiry;
      (7)   No person shall conduct a home occupation without obtaining any appropriate business, service or occupational license required by law. All home occupations shall comply with applicable state, federal and local regulations;
      (8)   The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of 10,000 pounds or less;
      (9)   No stock in trade shall be displayed or offered for public retail sale on the premises; however goods may be stored for sale subject to the additional limitations for minor home occupations (businesses such as cosmetic and plasticware or housewares party sales). The storage of hazardous materials shall be prohibited;
      (10)   It shall be understood that sales and delivery of products are primarily away from the residence or by mail. Sales of goods on the premises shall be limited to goods ordered previously by established customers by mail, telephone, internet or at a sales meeting; and
      (11)   No more than 25% of the floor area of the principal dwelling unit shall be used to conduct the home occupation and store stock in trade subject to applicable federal, state and local regulations;
(Ord. 04-21, passed 10-6-2004, § 2; Am. Ord. 17-04, passed 6-7-2017)
§ 156.137 TREE AND VEGETATION PRESERVATION AND PLANNING.
   (A)   Purpose.
      (1)   The purpose of this section is to preserve, protect, and replace trees and vegetation within the town because such plantings:
         (a)   Are an important public resource;
         (b)   Preserve and enhance the town's physical and aesthetic environment, especially its natural and unique atmosphere;
         (c)   Enhance the air quality by filtering air pollutants;
         (d)   Reduce topsoil erosion by the holding effect of their roots;
         (e)   Reduce storm water runoff;
         (f)   Provide a buffer and screen against noise pollution;
         (g)   Reduce energy consumption by acting as a wind break and producing shade;
         (h)   Preserve and enhance nesting areas for birds and other wildlife which, in turn, assist in the control of insects;
         (i)   Protect and enhance property values;
         (j)   Protect and enhance the quality of life and the general welfare of the town; and
         (k)   Improve the compatibility of uses by providing privacy and enhancing the aesthetic transition between uses.
      (2)   For the purpose of this section, TREE is defined as a self-supporting, woody plant, together with its root system, having a well-defined stem or trunk or a multi-stemmed trunk system, a more or less well-defined crown, and a mature height of at least 8 feet. TREE does not include trees in containers or nursery stock trees kept or maintained for resale. VEGETATION is herein defined as perennial bushes and shrubs or ornamental or other grasses meeting minimum size requirements at planting.
      (3)   Multi-trunk trees.
         (a)   For the purposes of this section, MULTI-TRUNK TREES are defined as trees that have more than 1 trunk growing from a single root mass or trees that split into multiple stems below breast height (4 1/2 feet above ground).
         (b)   The diameter at breast height of multi-trunk trees shall be measured according to the following formula from the U.S. Forest Service National Core Field Guide: the dbh for a multi-trunk tree is calculated by taking the square root of the sum of squared dbhs of all trunks. The following example shows how this formula is intended to be applied:
            Example: multi-trunk tree with four 10-inch trunks
            1.   Find square of each trunk. l0 x 10 = 100
            2.   Add squared numbers together. 100 + 100 + 100 + 100 = 400
            3.   Calculate square root of total. Square root of 400 = 20
            4.   This multi-stem tree would be measured as a 20 inch dbh tree.
         (c)   Preserving some trunks of a multi-trunk tree is preferable to removal of the entire tree. The Director is authorized to allow the pruning or removal of an individual trunk to accommodate reasonable development of a property.
   (B)   Clear cutting. On a vacant, undeveloped parcel, removal of any tree greater than 6 inches in diameter at breast height is prohibited except after receiving an approved development site plan and issued building permit, an approved tree management plan and any required tree removal permit.
   (C)   Tree removal permit.
      (1)   Permit required. No person shall remove or destroy any tree which is 24 inches or greater diameter at breast height on any lot without first obtaining a tree removal permit from the Zoning Administrator in accordance with the procedures set forth in this section. Further, no person shall remove or destroy any tree located in the common open space of any development without first obtaining a tree removal permit.
      (2)   Issuance of permit. Tree removal permits shall be issued only after the Zoning Administrator has received the required tree management plan and a completed application for such permit which has been signed by the property owner. In determining whether to grant or deny a permit, the Zoning Administrator shall consider:
         (a)   The effect of the proposed tree removal upon the stabilization of soil;
         (b)   The intended use of the property and feasible alternatives which would preserve existing trees;
         (c)   The existing topography, proposed changes in the topography and proposed landscaping;
         (d)   The hardship imposed or the reasonable use denied to the applicant as a result of permit denial;
         (e)   Historical value of the trees;
         (f)   Good horticultural and forestry practices;
         (g)   The effect of the proposed tree removal on the deadening and absorption of sound;
         (h)   The likelihood that the proposed action will adversely affect the control of flooding or soil erosion;
         (i)   The impact of such action on surrounding property or persons;
         (j)   The consistency of the proposed action with the purpose of this section.
      (3)   (a)   A permit shall expire and become null and void if work authorized is not commenced within 6 months from the date of the permit or if such work when commenced is suspended or abandoned at any time for a period of 6 months;
         (b)   If work has commenced and the permit becomes null and void or expires because of lack of progress or abandonment, a new permit for the proposed tree removal activity shall be obtained before proceeding with further work.
      (4)   Removal of any size tree where the tree trunk is within 10 feet of a structure shall be allowed without a permit.
   (D)   Tree emergency exception.
      (1)   A tree emergency shall be deemed to exist when:
         (a)   A tree has become an imminent danger or hazard to persons or property as a result of fire, motor vehicle accident, or natural occurrence such as lightning, windstorm, ice storm, flood, or other similar event; or
         (b)   A tree must be removed in order to perform emergency repair or replacement of public or private water, sewer, electric, gas, or telecommunications utilities.
      (2)   In the case of a tree emergency, the Director is hereby authorized to:
         (a)   Issue a tree removal permit without an application;
         (b)   Waive the requirement for a tree removal permit set forth in this section; or
         (c)   Waive any of the other regulations of this section.
      (3)   Notwithstanding any other regulations, a person otherwise required to obtain a tree removal permit may take any reasonable action necessary to avoid or eliminate the immediate danger or hazard, or conduct emergency repair or replacement of the public or private utility. The person taking such action shall file an application for a tree removal permit within 72 hours after a tree is removed in a tree emergency.
      (4)   In these instances, documentation of the need for the emergency tree removal must be provided. Such documentation can include (as applicable):
         (a)   Documentation from a certified arborist;
         (b)   Police report;
         (c)   Photographs; and/or
         (d)   Other information documenting the condition of the tree and circumstances surrounding its removal.
   (E)   Vegetation management plan required for new development and substantial redevelopment. Any addition to the footprint of a structure, increases in lot coverage, changes to driveway and parking areas, or total renovation cost greater than or equal to 50% of the assessed value of the principal structure and for tree removal permits as required in division (C)(1).
      (1)   Any applicant proposing to remove or destroy existing trees or vegetation in conjunction with any land development activity, including the moving of buildings, shall submit a vegetation management plan containing such of the following information as deemed necessary by the Director:
         (a)   The location, size and species of all trees which are at least 6 inches diameter at breast height, indicating which are to be preserved, which are to be removed, and a description of the condition of trees or vegetation that are to be preserved;
         (b)   Specifications for the removal of trees and protection of trees during construction;
         (c)   Proposed grade changes or other potentially injurious work adjacent to trees or vegetation designated for preservation with specifications for maintaining ground drainage and aeration around such trees;
         (d)   The location, size and species of all vegetation to be planted;
         (e)   An estimate of the vegetation canopy coverage to be provided as required in division (G) via retention or new planting; and
         (f)   Such other information that the Director deems essential.
      (2)   Any applicant proposing to remove or destroy multiple existing trees or substantial vegetation on a developed lot not in conjunction with a land development activity shall ensure that the total vegetation cover on the property is equal to or greater than the minimum requirement through retention of existing vegetation or planting of new vegetation to meet ordinance requirements.
      (3)   Although not required, any person or firm subject to the requirements of this chapter is encouraged to seek professional assistance from a certified arborist, landscape architect, or similar professional.
   (F)   Acts harmful to trees.
      (1)   No person shall abuse, mutilate or otherwise damage any tree or vegetation located on public property, or any tree or vegetation protected by this section, including those located in the public right-of-way along street frontages within subdivisions. However, nothing in this section shall be construed to prevent reasonable and proper trimming of trees or vegetation located on public property by authorized persons in accordance with accepted horticultural practices.
      (2)   No person shall attach any sign, notice, placard, electrical wire or other injurious device to any tree, nor shall any person cause any substance harmful to trees to come in contact with them, or prevent water and oxygen from reaching their roots.
   (G)   Canopy cover required.
      (1)   New development and substantial redevelopment as defined in § 156.137(E) on any property shall provide for the planting or retention of trees (or approved substitute vegetation in the "Town of Duck Vegetation Planting Guidelines") on the site to provide for a minimum vegetative lot coverage as follows:
         (a)   Ten percent for a lot within any commercial zoning district;
         (b)   Fifteen percent for a residential lot; and
         (c)   Required vegetative lot coverage will be calculated based on the total lot area minus the footprint of the principal building.
      (2)   To meet the minimum requirements of this division, vegetative lot coverage shall be calculated using the following methods:
         (a)   Vegetation that is newly planted to meet vegetative lot coverage requirements shall include only vegetation on an approved list of local vegetation, as provided in the "Town of Duck Vegetation Planting Guidelines," or other trees, bushes, shrubs, or grasses as approved by the Zoning Administrator upon submission of a landscape plan with assessment of local hardiness and calculation of canopy. All vegetation planted to meet these requirements shall be a minimum size as specified in the "Town of Duck Vegetation Planting Guidelines" and shall be planted as described in the technical standards included within the guidelines. Palm trees and tropical vegetation cannot be counted to meet vegetative lot coverage requirements. The plant list contained in the "Town of Duck Vegetation Planting Guidelines" defines the plant species that are included within each category. If the canopy coverage is accomplished by installation, canopy credit shall be provided based on the categories listed below:
            1.   Large trees, provide a 400 square foot canopy credit.
            2.   Small trees, provide a 200 square foot canopy credit.
            3.   Mulched bushes or shrubs (18-24 inches minimum height at planting or a 3 gallon size) provide a 40 square foot canopy credit.
            4.   Ornamental grasses (18-24 inches minimum height at planting or of a 3-gallon size) provide a 20 square foot canopy credit. Credit for smaller coastal grasses and forbs, such as American Beach Grass, will be provided at 100 sprigs or plants for every 100 square feet of lot area. Credit will not be provided for retention of existing vegetation in oceanfront areas within the CAMA small structure setback.
         (b)   Existing vegetation that is retained to meet vegetative lot coverage requirements may be calculated based on the methods described in division (a) above based on the allowable square footage as shown for large and small trees, shrubs, and grasses. Areas of significant, mature vegetation that will remain undisturbed may also be calculated on a square foot basis by determining the area within the perimeter surrounding the vegetation to be retained. Existing vegetation to be retained need not be on the approved list of local vegetation as provided in the "Town of Duck Vegetation Planting Guidelines," provided it is a native or locally adaptive plant species.
         (c)   For trees to be eligible for any tree canopy cover credit, the required amount of open soil surface must be present and protected around the tree. The area of vegetative canopy cover for which credit is given shall always remain in vegetative cover and there shall be no other use of the area other than for vegetation growth or passive recreation except as otherwise provided herein. Developed properties shall be required to maintain the minimum vegetative canopy described above and must provide for replacement of or vegetations that are removed, per division (E)(2).
   (H)   Vegetation protection during and post development.
      (1)   During development or razing activity, the builder shall install effective dripline protection around all vegetation preservation areas, and shall further install tree wells, retaining walls, construction fencing, or other structures necessary to protect individual trees designated for preservation. The protective measures shall be specified on the vegetation management plan and shall be designed and installed in a manner consistent with good horticultural practices and subject to the approval of the site plan approving agent.
      (2)   If vegetation is not listed for removal on the tree removal permit but is destroyed or receives major damage due to construction activities, it must be replaced with vegetation sufficient to reach the required vegetation canopy, subject to review and approval of the Zoning Administrator.
      (3)   Trees conserved and planted to meet vegetation canopy requirements shall be actively protected during development activity and passively protected throughout their life in accordance with requirements for protected trees set forth below:
         (a)   Prohibited activities. During lot clearing, grading, building, and all construction activities, the following activities and conditions, and any other activities and conditions harmful to a tree's roots, trunk, or crown, within the vegetation protection zone are prohibited:
            1.   Vehicle or equipment traffic, parking, or storage, except as provided for in limited activities below;
            2.   Materials or supplies storage;
            3.   Placement of temporary or permanent structures;
            4.   Equipment maintenance or washout;
            5.   Wounding of trunk;
            6.   Wounding or breakage of scaffold limbs or branches greater than 6 inches in diameter; and
            7.   Fires; excessive heat from equipment exhaust pipes.
         (b)   Limited activities. During lot clearing, grading, building, and all construction activities, the following activities and conditions within the vegetation protection zone are limited to 1 side of the tree in the outer half of the dripline, but in no case closer than 2 1/2 feet to the trunk of a planted tree and 10 feet to the trunk of a conserved tree:
            1.   Site or lot clearing or grubbing;
            2.   Soil excavation;
            3.   Soil cuts;
            4.   Soil fill;
            5.   Grading;
            6.   Trenching;
            7.   Tilling;
            8.   Edging;
            9.   Soil compaction;
            10.   Top dressing with soil greater than 2 inches in depth; and
            11.   Paving.
   (I)   Preservation of special trees.
      (1)   The Town Council may, by ordinance, designate any tree as a heritage, memorial, or designated specimen tree. A heritage tree means any tree which the Town Council has designated by ordinance to have notable historic or cultural interest. A memorial tree means any tree which the Town Council has designated by ordinance to be a special commemorating memorial. A designated specimen tree means any tree which the Town Council has designated by ordinance to be notable by virtue of its outstanding size and quality for its particular species. No designated tree shall be removed, damaged or disturbed in any way unless the Town Council finds that:
         (a)   There is an overriding need for public improvements;
         (b)   A severe hardship exists in developing a site; or
         (c)   The tree dies, becomes irreversibly diseased or irreversibly damaged by natural causes. In permitting such action, the Town Council may require that the tree be relocated on-site or to another site designated by the town, or be replaced with a similar tree or trees to approximate the canopy lost.
      (2)   The provisions of this section shall not apply to:
         (a)   Work conducted on federal, state, or local government owned property;
         (b)   Emergency work to protect life, limb or property; and
         (c)   Routine installation, maintenance and repair of utilities.
   (J)   Violations and penalties.
      (1)   It shall be a violation for any person to remove a tree without having first obtained a tree removal permit, if so required under the provisions of §§ 156.115 and 156.137 of the Town Code. It shall be a violation for a property owner to employ, authorize or direct any third person or entity to remove a tree without having first obtained a tree removal permit, if so required under the provisions of this section.
      (2)   A separate violation shall be deemed to have occurred for each tree removed without a tree removal permit in violation of the provisions of this section.
      (3)   Each violation of the tree removal permit requirements of this section shall subject the offender to a civil penalty in the amount of $1,000.
      (4)   Removal of a tree greater than 6 inches in diameter at breast height on any vacant, undeveloped parcel without the necessary permits and approvals as defined above in § 156.137(B), shall subject the offender to a civil penalty according to the following procedure.
         (a)   If the number and type of removed trees and/or vegetation can be determined, the civil penalty shall be assessed as follows:
            1.   Unauthorized removal of large trees as defined by the "Town of Duck Vegetation Planting Guidelines" shall subject the offender to a civil penalty in the amount of $400 per tree.
            2.   Unauthorized removal of small trees as defined by the "Town of Duck Vegetation Planting Guidelines" shall subject the offender to a civil penalty in the amount of $200 per tree.
            3.   Unauthorized removal of shrubs as defined by the "Town of Duck Vegetation Planting Guidelines" shall subject the offender to a civil penalty in the amount of $40 per shrub.
         (b)   If the number and type of removed trees and/or vegetation cannot be determined, a civil penalty can be determined based on the square footage of disturbed area and/or area of canopy coverage removed. The penalty shall be equal to $1 for every 1 square foot of canopy coverage removed. In no instance shall the civil penalty exceed $5,000.
      (5)   Unauthorized removal of trees and vegetation shall also subject the offender to mitigation requirements as specified herein.
         (a)   When dealing with violations of clear-cutting standards under § 156.137(B) or canopy coverage standards in § 156.137(G), the required canopy coverage of replacement trees shall be no less than the canopy coverage which has been determined to have been removed for the assessment of the required civil penalty. The mitigation requirements shall be calculated using the formula to determine canopy coverage as defined above in § 156.137(G). Replacement trees and vegetation, to the extent that it can be determined, shall of a similar type to that which has been removed.
         (b)   When dealing with tree removal violations of § 156.137(C), the diameter at breast height measurement of the trunk shall be used to determine the number of replacement trees. Trees of similar type must be planted such that the total caliper inches of trees planted is no less than the dbh of the tree(s) removed. In cases where the size of an individual tree(s) cannot be determined, the canopy coverage of replacement trees and vegetation shall be no less than the canopy coverage which has been determined to have been removed for the assessment of the required civil penalty.
         (c)   The size of such replacement trees at the time of installation shall be a minimum of 3 inches in caliper and 10 feet in height. Each tree must be planted at least 30 feet from any other tree.
      (6)   If in the determination of the Zoning Administrator, the site cannot reasonably accommodate the required numbers of replacement trees, then only the amount of trees which can be accommodated on the site will be replaced and the remainder of replacement trees and vegetation shall be mitigated through a payment in lieu of providing on-site trees. This payment shall be made to the Town of Duck to be used for tree and vegetation planting and maintenance in public spaces. The amount of the payment shall be in accordance with the costs for purchase, delivery, and planting of the required replacement trees and vegetation.
   (K)   Conflicting provisions.
      (1)   Where provisions of this zoning chapter dictate conflicting landscaping or screening requirements, the more stringent requirements shall prevail.
      (2)   Except under the following conditions, no certificate of occupancy or other final approval shall be issued until the relocation or replacement of trees and/or vegetation, as required by the tree removal or vegetation management plan, has been completed and the final approval has been given by the Zoning Administrator. To address temporary adverse conditions during the current planting season, at any time prior to the issuance of the certificate of occupancy the property owner may request to defer installation of vegetation for a period not to exceed 90 days beyond the date of the certificate of occupancy. This request will be accompanied by the following:
         (a)   A cash deposit, an irrevocable letter of credit, or other financial surety shall be provided to the town to be held until the planting is completed. The amount shall be equal to $1 for every 1 square foot of canopy coverage required to be installed to satisfy the canopy coverage requirements as specified in the approved vegetation management plan.
         (b)   A signed memorandum of understanding between the property owner or authorized agent and the town specifying the timeframe for installation of all vegetation and the penalties for failing to abide by the terms of the agreement. This agreement shall also include terms for refunding the cash deposit upon verification of compliance with terms of the vegetation management plan or tree removal permit.
   (L)   Special use permits. The Town Council may, upon application of the property owner, grant special use permits modifying the requirements of this section in accordance with the procedures and limitations established for special use permits in § 156.155. Special use permits shall be granted only if the applicant has clearly demonstrated a situation of extreme topography, unusual lot shape or extraordinary circumstance. In addition, the requested special use permit shall only be granted if the Town Council finds that the proposed development will not be inconsistent with the Comprehensive & Land Use Plan and the purpose of this section, and otherwise will not result in inadequate on-site amenity or any condition which will adversely affect nearby property. Requests for special use permits may be granted in whole, in modified form with conditions or denied by the Town Council after consideration of the requisites presented in this section.
   (M)   Irrigation. Vegetation that is well-adapted to the local environment does not generally require irrigation. Irrigation systems are not required; however, all irrigation systems installed subsequent to this section must meet the requirements of this section. If irrigation systems are used, the preferred source for their water is from individual or community wells rather than from the county water supply. For irrigation systems which use county water, the installation shall include rain sensors so that unnecessary watering does not occur and thereby add to the local high ground water table. No components of an individually owned private irrigation system shall be installed in any right-of-way. Water from sprinkler heads of an irrigation system shall be appropriately directed to retain the flow of water on the site for which it has been installed and to avoid run-off to adjacent properties and rights-of-way.
(Ord. 07-05, passed 6-6-2007; Am. Ord. 08-01, passed 3-5-2008; Am. Ord. 10-03, passed 3-3-2010; Am. Ord. 15-06, passed 6-3-2015; Am. Ord. 21-01, passed 6-2-2021) Penalty, see § 156.999
§ 156.138 WIND ENERGY FACILITIES.
   (A)   Purpose. To allow for the installation of wind energy facilities that are appropriate within the Town of Duck as a supplemental means of on-site electric power generation, while recognizing the public safety as well as the land use and community compatibility issues that are associated with the structural components of these facilities. This shall be achieved by establishing standards to protect community and neighborhood aesthetics, public safety, and to limit adverse impacts to adjacent property owners.
   (B)   Types of wind energy facilities permitted by zoning district. Supplementary Wind Energy Facilities, as defined in § 156.002, shall be permitted in all zoning districts within the town. Commercial Wind Energy Facilities are considered to be incompatible with development in the Town of Duck and are hereby prohibited.
   (C)   Use guidelines and dimensional requirements.
      (1)   Height. Wind turbine structures shall not exceed the 5 feet above the maximum height limitation established within each zoning district.
      (2)   Setbacks.
         (a)   Freestanding wind turbines shall be set back a distance of least 1.1 times the total height of the wind energy facility from:
            1.   The lot lines of the lot where the wind energy facility is located.
            2.   The first line of stable natural vegetation of the Atlantic Ocean beach. In no instance shall the wind energy facility be located within the small structure setback established by the North Carolina Coastal Area Management Authority (CAMA).
            3.   The normal water line of the Currituck Sound. In no instance shall the wind energy facility be located within 30 feet of the normal water line of the Currituck Sound.
         (b)   Roof-mounted wind turbines and other accessory components of wind energy facilities shall be required to adhere to the minimum yard requirements for principal structures established in each zoning district.
      (3)   Noise.
         (a)   The maximum audible sound resulting from all wind energy facilities located on the same lot shall be 55 decibels (dBA) or 5 decibels (dBA) above the existing ambient noise level, whichever is greater, measured at the closest adjacent property line. The maximum audible sound shall be the sound pressure level that is exceeded for more than 10% of the measurement duration. This standard shall not apply to short-term events such as utility outages and/or severe wind storms.
         (b)   When the town receives a complaint of noise generated from a wind energy facility, the town shall perform a preliminary test using a decibel meter to determine if the noise from the wind energy facility exceeds the established level for maximum audible sound as defined in this section. If the result of the preliminary test supports that the maximum audible sound level has been exceeded to a material extent, then the owner of the wind energy facility shall be required to perform a detailed acoustic sound measurement of the wind energy facility. This measurement shall be conducted in accordance with industry standards for performing acoustic testing of small wind energy facilities which may include, but shall not be limited to, the procedures set forth in the American Wind Energy Association Publication "AWEA Small Wind Turbine Performance and Safety Standard, Standard AWEA 9.1 - 2009."
         (c)   If the results of this measurement indicate that a violation exists and that the violation will persist without corrective action, then the owner shall discontinue use of the wind energy facility until appropriate measures can be taken to retrofit the structure or mitigate the noise at the affected property lines. If the noise from the wind energy facility cannot be brought into compliance with the noise requirements established by this section, the owner shall be required to decommission the wind energy facility.
      (4)   Aesthetics.
         (a)   Tower. If a tower is part of a wind energy facility, it shall be a self-supporting tubular tower (monopole) tower.
         (b)   Exterior finish. Each wind energy facility shall maintain a non-reflective finish neutral in color to reduce reflection and glare and to otherwise reduce visual obtrusiveness.
         (c)   Signage and lighting. Signage on a wind energy facility is only permitted consistent with the standards outlined in § 156.130. No lighting on the wind energy facility shall be permitted unless required by FAA regulations.
         (d)   Communications antenna. No communications antenna or arrangement of wires unrelated to the wind energy facility shall be installed or connected to the wind energy facility.
   (D)   Structural requirements.
      (1)   All wind energy facilities shall be designed and certified by a North Carolina licensed professional engineer that the wind energy facility meets the design requirements established by the current North Carolina State Building Code, including the ability to withstand the force exerted by a 130-mph, 3-second wind gust.
      (2)   If the lowest point of a rotor blade or other movable part is located closer than 12 feet to the ground, an adequate barrier shall be placed around the base of the wind turbine tower to prevent injury.
      (3)   The installation and design of all wind energy facilities shall comply with any applicable industry standards including standards for performance and safety as established by the American Wind Energy Association and the Small Wind Coordinating Council, and all electrical and mechanical components shall conform to relevant local, state and national codes.
      (4)   Wind energy facilities shall meet all applicable FAA regulations.
      (5)   All wind energy facilities shall be equipped with a disconnection means compliant with Article 705 of the National Electric Code.
   (E)   Decommissioning.
      (1)   A wind energy facility that is out of service and not functioning shall be repaired by the owner or removed. If the town determines that a wind energy facility has not been operational for a continuous 90-day period, the Zoning Administrator shall give written notice by certified mail to the owner of the facility. The owner shall be given 45 days from receipt of the notice to respond in writing and provide information that explains the reason(s) that the system has been out-of-service and the corrective action that will be taken to put the system back in service. The response shall also include a timetable for completion of repairs.
      (2)   If the town determines that the corrective measures and/or the proposed time for repairs is unreasonable, the Zoning Administrator shall give written notice by certified mail to the owner or occupant of the property on which the wind energy facility is located to remove the system within 90 days of receipt of the notice. The owner or occupant of the property on which the facility is located shall be solely responsible for safe removal of the facility, and all costs to remove the facility shall be borne solely by such owner or occupant.
      (3)   Upon failure to comply with a notice of removal within the time specified, the town shall cause removal of the wind energy facility, and any expense incurred shall be paid by the owner of the property upon which the wind energy facility was erected or maintained.
   (F)   Wind energy permitting requirements.
      (1)   No person shall erect any wind energy facility without first obtaining a permit from the Department of Community Development in accordance with the procedures set forth in this section.
      (2)   All permit applications for wind energy facilities shall include the following:
         (a)   Site plan depicting the proposed location of all components of the wind energy facility as well as existing structures located on the subject property with dimensions showing compliance with minimum yard requirements;
         (b)   Construction drawings of the wind energy facility depicting the design of the turbine structure, tower, base and footings, sealed by a licensed North Carolina Professional Engineer certifying that the drawings conform to all structural requirements established by law;
         (c)   Wind energy facility specifications including the total rated capacity;
         (d)   Measurements of ambient noise conditions of the subject property taken during daytime and nighttime hours as well as the maximum sound pressure levels from the proposed wind energy facility;
         (e)   Construction plan;
         (f)   Operation and maintenance plans and specifications;
         (g)   Shutdown procedures;
         (h)   Evidence of at least $500,000 of general liability insurance coverage;
         (i)   Any county, state and federal permits required by law or regulation; and
         (j)   Other relevant information as may be reasonably requested to ensure compliance with the requirements of this section.
(Ord. 10-06, passed 5-5-2010; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-01, passed 6-2-2021)
§ 156.139 SOLAR ENERGY SYSTEMS.
   (A)   Purpose. To allow for the installation within the town of solar energy systems as defined in § 156.002, while recognizing the public safety as well as the land use and community compatibility issues that are associated with the structural components of these facilities. This shall be achieved by establishing standards to protect community and neighborhood aesthetics, public safety, and to limit adverse impacts of such systems on adjacent property owners.
   (B)   Types of solar energy systems permitted by zoning district. Solar energy systems, as defined in § 156.002, shall be permitted in all zoning districts within the town as an accessory use to any principal use structure.
   (C)   Use guidelines and dimensional requirements.
      (1)   Height.
         (a)   Roof-mounted solar energy systems:
            1.   Solar panels should generally relate to the slope of the roof surface to which they are attached. However, to account for the seasonal variation in solar angle and the necessity to tilt solar panels to achieve maximum efficiency of the solar energy system, the following provisions shall apply:
               a.   Solar panels mounted to a roof with a pitch of greater than 4 in 12 shall not be raised more than 3 feet above the plane of the finished roof surface to which they are attached.
               b.   Solar panels mounted to a roof with a pitch of less than 4 in 12 shall not be raised more than 5 feet above the plane of the finished roof surface to which they are attached.
            2.   Solar panels shall in no instance exceed the height limit of the zoning district in which they are located.
         (b)   The height of any ground mounted solar energy system including any mounts shall not exceed 10 feet when oriented at maximum tilt.
      (2)   Location and placement.
         (a)   Ground-mounted solar energy systems shall be located in the rear and side yards only and in no instance shall be located forward of the front plane of the principal structure. In the rear and side yards, solar energy systems must meet the required setbacks for the principal structure. In the case of a corner lot, solar energy systems shall not be located forward of the side plane of the principal structure abutting the side street.
         (b)   Ground-mounted solar photovoltaic systems shall be enclosed within a fence that is reasonably adequate to prevent access to the solar energy system or any ancillary equipment as required by the National Electrical Code.
         (c)   Roof-mounted solar energy systems shall in no instance extend beyond the edge of the roof to which they are attached.
      (3)   Lot coverage. Ground mounted solar energy systems shall not be counted as lot coverage; however, no more than 5% of total lot area may be covered with a solar energy system.
   (D)   Structural/installation requirements.
      (1)   All structural components supporting roof mounted solar energy systems shall be evaluated by a North Carolina Licensed Professional Engineer to ensure that the loads imposed by the solar energy system meet the design requirements established by the current North Carolina State Building Code, including the ability to withstand the force exerted by a 130-mph, 3-second wind gust.
      (2)   The installation and design of all solar energy systems shall comply with any applicable industry standards including standards for performance and safety and all electrical and mechanical components shall conform to relevant local, state and national codes. All components of a solar energy system must be listed and labeled by a nationally recognized testing laboratory.
   (E)   Permitting requirements.
      (1)   No person shall erect any solar energy system without first obtaining a permit from the Director of Community Development in accordance with the procedures set forth in this section.
      (2)   All permit applications for solar energy systems shall include the following:
         (a)   Site plan depicting the proposed location of all components of the solar energy system as well as existing structures located on the subject property with dimensions showing compliance with minimum yard requirements;
         (b)   For utility interactive solar photovoltaic systems: a copy of the approved interconnection agreement with the local utility;
         (c)   Construction drawings of any roof mounted solar energy system depicting the design of the supporting structure, sealed by a North Carolina Licensed Professional Engineer certifying that the drawings conform to all structural requirements established by law;
         (d)   For solar photovoltaic systems, manufacturers specifications for all system components and an electrical diagram depicting the layout and interconnectivity of all electrical components;
         (e)   Construction plan;
         (f)   Operation and maintenance plans and specifications;
         (g)   Any county, state and federal permits required by law or regulation; and
         (h)   Other relevant information as may be reasonably requested to ensure compliance with the requirements of this section.
(Ord. 10-10, passed 1-5-2011; Am. Ord. 21-01, passed 6-2-2021)
§ 156.140 ACCESSORY DWELLING UNITS.
   (A)   Purpose. The purpose of these provisions for all accessory dwelling units is to allow the efficient use of existing housing stock, parcels of land, and community infrastructure, and to increase the number and variety of residential units while respecting the scale and character of existing neighborhoods.
   (B)   General provisions. Accessory dwelling units are allowed as permitted uses in the Single-Family Residential (RS-1), Single-Family Residential (RS-2), and Medium Density Residential (R-2) zoning districts, subject to the following standards.
      (1)   An accessory dwelling unit can only be located on a property containing one single-family detached residence. The property may contain other accessory structures and uses as permitted in this section.
      (2)   Only one accessory dwelling unit is permitted on a lot.
      (3)   Building code. An accessory dwelling unit must be properly permitted, inspected, and comply with all applicable standards of the N.C. Building Code.
      (4)   Septic. The owner must obtain a permit from the Dare County Environmental Health Department that the existing septic system can accommodate or be improved to accommodate the establishment of an accessory dwelling unit.
   (C)   Development standards.
      (1)   An accessory dwelling unit will count toward the maximum size of residential development and septic capacity permitted for a property. The development of a property cannot exceed the maximum standards for the size of residential development and septic capacity outlined in § 156.126.
      (2)   Size of unit. The size of an accessory dwelling unit must comply with all of the applicable following standards.
         (a)   A detached accessory dwelling unit or addition to the principal dwelling accommodating an accessory dwelling unit cannot be larger than 800 square feet of heated space.
         (b)   An attached accessory dwelling unit cannot be larger than the square footage of the principal dwelling footprint.
      (3)   Height. A detached accessory dwelling unit cannot exceed 27 feet in height or the height of the principal dwelling on the property, whichever is lower. An attached accessory dwelling unit cannot exceed the height of the principal dwelling on the property.
      (4)   Setbacks. An accessory dwelling unit must comply with all applicable minimum building setback requirements.
      (5)   Parking. An accessory dwelling unit must comply with the following parking requirements.
         (a)   If the establishment of an accessory dwelling unit increases the maximum occupancy permitted on the wastewater permit issued by the Dare County Health Department, then necessary improvements must be completed for the property to maintain compliance with minimum parking standards.
         (b)   Parking space(s) serving the accessory dwelling unit must have access unobstructed by parking spaces for principal dwelling unit.
      (6)   Access. Access and parking for an accessory dwelling unit must occur via the same driveway as the principal dwelling unit. A separate driveway is not permitted.
(Ord. 16-07, passed 11-2-2016; Am. Ord. 18-08, passed 2-6-2019; Am. Ord. 21-01, passed 6-2-2021)
GENERAL ADMINISTRATION AND ENFORCEMENT
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