(A)   The Commercial District is established as the district in which a variety of sales and service facilities may be provided to the general public. The specific intent is to encourage the construction of and the continued use of land and buildings for commercial and service uses that are compatible with the family beach character of Holden Beach and serve to enhance the services available to residents and visitors. All commercial activities shall be conducted from a permanent structure, shall comply with the town's noise ordinance, and meet or exceed the parking requirements of this chapter.
   (B)   Refer to the Table of Permitted Uses, § 157.054, for permitted uses in this district.
   (C)   Dimensional requirements C-1.
      (1)   Front yard. Minimum required: 25 feet.
      (2)   Side yard. Minimum required: five feet. Open porches, steps, or overhangs shall not be within five feet of the property line.
      (3)   Rear yard. Minimum required: five feet, except that if a commercial use abuts a residential district there shall be a rear yard of 20 feet.
      (4)   Buildings constructed or converted to commercial use after the effective date of this chapter shall provide off-street parking and loading space as required in §§ 157.075 through 157.088 of this chapter.
      (5)   All signs and billboards must meet the requirements set forth in § 157.079 of this chapter.
      (6)   Building height. No building shall exceed a maximum height of 31 feet measured from design flood elevation to the highest point of the structure.
      (7)   Lot coverage. Driveways, parking lots, parking spaces, parking areas, patios and other similar areas and surfaces located outside of the building footprint shall be gravel, grass or of an approved pervious product.
   (D)   Screening shall be required to conceal from public view HVAC equipment, utility equipment, accessory structures, and other accessory facilities accessory to a commercial use.
   (E)   Solid waste disposal containers to be screened. Screening for solid waste disposal (dumpsters) shall be of comparable material and color as the structure they are accessory to. The height of the screen shall be equal to or greater than the height of the container being screened. The width shall be sufficient to permit two feet clearance between the receptacle and the screen to facilitate cleaning and maintenance. A concrete pad with drain to sanitary sewer or a dry well is required by the NC State Board of Health. The opening shall have a gate or slide that can be held in place while being serviced. All other refuse containers, such as cans or bins, shall be adequately screened from the view of adjacent properties or the street right-of-way.
   (F)   Outside material storage. Outside storage shall be within a fully enclosed accessory structure or shall be screened from view of all adjacent properties and the street right-of-way by a perpetually maintained vegetative buffer or fence of comparable material and color that matches the primary structure. Only material, goods, wares, etc. that are incidental to that business are permitted to be stored.
   (G)   Outside display of items for sale. The display of any goods, material, or items for sale may be displayed outside of a business so long as they are contained or secured to prevent blowing off site, and are not encroaching upon the required pedestrian way or reduce the required number of parking spaces established by this chapter. All displays shall be of the same product line sold by the occupant in the primary use of the lot.
   (H)   Sidewalks required. It is the intent of the town to require safe pedestrian access along all commercial properties. If the developer of commercial property does not install sidewalks at the time the property is developed, the town reserves the right and the property owner shall agree to pay an assessment sufficient to construct public sidewalks along the street adjacent to the development at a later date.
   (I)   Landscaping required. All commercial structures shall have landscaping installed, by the property owner, to soften the impact of the bare walls to adjacent properties and the streets.
   (J)   Clubhouses. Clubhouses shall provide the following:
      (1)   Post the Town of Holden Beach adopted beach regulations within the clubhouse facility;
      (2)   Provide restroom facilities for their guests;
      (3)   Provide showers for their guests;
      (4)   Provide a first aid kit;
      (5)   Provide phone for 911 use;
      (6)   Provide adequate trash containers to prevent litter;
('85 Code, § 15-5.9) (Ord. 33, passed 10-5-81; Am. Ord. 17-87 passed 9-14-87; Am. Ord. 93-05, passed 2-17-93; Am. Ord. 95-05, passed 2-22-95; Am. Ord. 01-08, passed 7-23-01; Am. Ord. 02-12, passed 10-14-02; Am. Ord. 06-01, passed 1-9-06; Am. Ord. 06-13, passed 11-14-06; Am. Ord. 06-14, passed 11-14-06; Am. Ord. 15-01, passed 1-13-15) Penalty, see § 157.999