(A) Height. The height regulations of this chapter shall be subject to the following exceptions and regulations: chimneys, cupolas, cooling towers, elevators, bulkheads, scenery lots, monuments, domes, spires, parapet walls and necessary mechanical appurtenances may be erected to a height which may exceed the prescribed height limit subject to Planning Board approval. The additional heights may not be more than 15% of the prescribed building height limit.
(B) Area. The area regulations of this chapter shall be subject to the following exceptions and regulations:
(1) Every part of a required yard shall be open and unobstructed from its lowest level to the sky and no other portion of the structure shall project into the yard setbacks, except for ordinary projections as follows:
(a) Sills, belt courses, buttresses, deck rails, lattice, sheathing, siding and corner boards provided that none of these shall project into a minimum yard setback more than three inches;
(b) Chimney flues, ornamental features and eaves provided that none of these shall project into a minimum yard setback more than 24 inches.
(c) Mechanical equipment, including HVAC and LP Gas equipment, provided that none of the equipment or associated structures project into a minimum yard setback more than four feet.
(d) Stairs and handicap ramps may project into the front yard no more than 50% of the depth of the setback not to exceed ten feet. Stairs shall have no more than two landings not to exceed a maximum of four feet by eight feet each. Handicap ramp landing shall comply with the North Carolina Building Code.
(e) An outdoor waiting activity area and outdoor dining activity area may extend into street side and front yard setbacks up to 33% of the depth of the setback. Improvement to this area is limited to raked earth, gravel, mulch, lawn or other plantings.
(2) Accessory structures may be built subject to the following requirements:
(a) Accessory structures not exceeding six inches in height above finished grade shall be located in the side and/or rear yard and maintain a distance of not less than five feet from side, street side and rear lot lines;
(b) A single walkway not exceeding six inches in height above finished grade and no more than five feet in width may be located in the front yard of single family and duplex dwellings.
(c) Accessory structures that are greater than six inches in height above finished grade shall be located in the rear yard and maintain a distance of not less than eight feet from the primary structure to the accessory structure and maintain a distance of not less than five feet from side and rear lot lines. Street side yard shall comply with principal structure setbacks;
(d) In the Ocean Impact Residential Zone, elevated open decks as permitted by the North Carolina Division of Coastal Management may be located seaward of the rear yard setback abutting the primary structure while maintaining a minimum of five feet from all property lines.
(e) In the Ocean Impact Residential Zone, lots with a rear yard abutting the Atlantic Ocean shall locate accessory structures seaward of the primary structure while maintaining a minimum of five feet from all property lines.
(f) Accessory structures to a commercial establishment that are greater than six inches in height above finished grade shall be limited to a total of three not exceeding a combined size of 20% of the gross floor area of the primary structure and maintain a distance of not less than five feet from rear or side property lines, not less than eight feet from the primary structure, not less than ten feet from any street right-of-way except US 158 and NC 12 where they shall comply with the principal building setbacks along US 158 and NC 12.
(g) Fences and vegetative landscaping shall be exempted from setbacks. Split rail or rope fencing not exceeding four feet in height shall be permitted on lots without a primary structure.
(3) Underground utilities may be run through the side yards required in this chapter and attachments of a pad may be made to the building and extended into the side yard not more than an area of six feet by six feet at the entrance of such underground utilities to the building. Such permissive use of the land shall be made only where underground utilities are installed and replace overhead poles and wires. Such pad is to be installed a minimum of one-third of the distance from the front or highway side of the building.
(4) Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet shall be permitted where so placed as not to obstruct light and ventilation.
(C) Lot coverage: rules for reconstruction of structures, projects or uses, resulting from damage by casualty.
(1) The lot coverage sections of this chapter are not intended to render nonconforming any use or structure in existence at the time of adoption. It is not intended to prohibit the repair or rebuilding of a structure or use solely upon the lot coverage requirements imposed where such reconstruction is necessary by damage from fire, flood, hurricane, acts of God and such damage that was not caused nor contributed to by the owner, occupant or user.
(2) The requirements of the lot coverage sections of this chapter shall not be applicable to a project begun through the planning and development process established by this chapter.
(3) The requirements of this section are applicable to lot coverage matters relating to repair and reconstruction.
(4) Reconstruction may occur by the issuance of a permit no later than two years from the date of such damage, subject, however, to the provisions of the chapter with respect to nuisances, uninhabitable buildings and the like. The coverage requirements shall not apply upon the applicant meeting the following conditions:
(a) A building permit for restoration is applied for and secured within two years from the date of the damage;
(b) Applicant shall furnish a "footprint" plat of the structure or project or use that shows adjoining property lines, streets or other topographical features from which the location of the structure, use or project may be physically identified upon the land. Photographs of the structure, project or use will be useful but cannot be the sole evidence of the damaged use, structure or project;
(c) Restoration and reconstruction shall be substantially in compliance with the original "footprint;"
(d) Applicant complies with guidelines established by the Board of Commissioners designed to minimize stormwater runoff for structure, use or projects similar in nature which may be constructed after the adoption of this chapter. (Such guidelines shall not, however, prohibit the quantity or quality of the destroyed structure or project;)
(e) Any change in the outside dimensions of the structure, or the enclosed area, must conform to the lot coverage ordinance adopted March 13, 1989.
(D) Lot coverage - driveways. Internal driveway connections between commercial establishments meeting all of the following requirements shall not be calculated as lot coverage:
(1) No more than 24 feet in width for each connection shall be exempt from lot coverage calculations.
(2) The connections shall be measured from the abutting property line to the end of the parking bay or 20 linear feet; whichever is less.
(3) The area exempt from lot coverage shall be clearly shown on a site plan.
(4) Driveway connections shall be open and clear of obstruction at all times.
(5) Internal driveway connections shall meet all other requirements of the Town Code.
(E) Lot coverage — town easements. Lot coverage created by the town within an easement granted to the town shall not be calculated as lot coverage on the property on which the easement is located.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 03-10, passed 6-25-03; Am. Ord. 06-09, passed 5-24-06; Am. Ord. 07-14, passed 8-13-07; Am. Ord. 08-04, passed 1-14-08; Am. Ord. 08-13, passed 4-14-08; Am. Ord. 08-27, passed 9-24-08; Am. Ord. 09-06, passed 5-27-09; Am. Ord. 10-05, passed 5-26-10; Am. Ord. 12-18, passed 9-10-12; Am. Ord. 12-21, passed 11-14-12; Am. Ord. 13-4, passed 4-24-13; Am. Ord. 13-9, passed 6-10-13; Am. Ord. 13-12a, passed 9-9-13; Am. Ord. 13-16, passed 10-14-13; Am. Ord. 14-27, passed 2-9-15; Am. Ord. 18-4, passed 6-14-21)