Section
Article 1. Purpose and Applicability
1.1 Title
1.2 Authority
1.3 Jurisdiction
1.4 Purpose
1.5 Relationship to other plans
1.6 Matters regulated
1.7 Conflicting regulations
1.8 General rules of construction
1.9 Separability
1.10 Identification of official zoning map
1.11 Zoning map interpretation
1.12 Interpreting permitted uses
1.13 Exemptions
1.14 Effective date
Article 2. General Provisions
2.1 Applicability of general regulations
2.2 Conformity required
2.3 One principal building per lot; exceptions
2.4 Lot size
2.5 Height limitation exceptions
2.6 Structures and uses limited in yards
2.7 Accessory structures and uses
2.8 Building separation
2.9 Clearing and grading
2.10 Use of loud speakers prohibited
2.11 Utility lines
2.12 Roof pitch
2.13 Height
2.14 Minimum setback
2.15 Impervious surface limits
2.16 Computation of time
2.17 Fees
2.18 (Final) certificate of occupancy/compliance
Article 3. Decision Making and Administrative Bodies
3.1 General
3.2 Town Council
3.3 Planning Board
3.4 UDO Administrator
3.5 Board of Adjustment
3.6 Stormwater Administrator (Reserved)
3.7 Building Inspector (Reserved)
3.8 Technical Review Committee (TRC)
3.9 Summary of review authority
Article 4. Review Procedures
4.1 Common review procedures
4.2 Zoning ordinance text amendments
4.3 Zoning map amendments: all zoning districts (rezoning)
4.4 Zoning map amendments: conditional zoning districts
4.5 Variance
4.6 Subdivision and master development plan
4.7 Site plan
4.8 Vested rights and permit choice
4.9 Special use permit
4.10 Appeal of administrative decision
4.11 Transportation impact analysis
4.12 Permits and certificates
4.13 Temporary moratoria procedures
Article 5. Nonconformities
5.1 General
5.2 Nonconforming lot of record
5.3 Nonconforming use
5.4 Nonconforming structures
5.5 Nonconforming signs
Article 6. Enforcement
6.1 Purpose
6.2 Applicability
6.3 Violations
6.4 Responsible person
6.5 Enforcement procedures
6.6 Final notice of violation; correction order
6.7 Reinstatement of permit by UDO Administrator
6.8 Appeal to the Board of Adjustment
6.9 Extension of time in which to correct violation
6.10 Enforcement action after time limit to correct violation
6.11 Emergency enforcement without notice
6.12 Remedies and penalties
6.13 Stormwater violations (reserved)
Article 7. Zoning Districts
7.1 Zoning districts established
7.2 Classification of areas under water or otherwise unclassified
7.3 Establishment of zoning districts
7.4 R-20 Residential District
7.5 R-15 Residential District
7.6 R-10 Residential District
7.7 MR and MR-CD Multi-Family Residential District
7.8 SBR-6000 Residential District
7.9 PD/PUD-CD Planned Development/Planned Unit Development-Conditional District
7.10 EPUD Existing Planned Unit Development
7.11 CN Commercial Neighborhood District
7.12 CLD Commercial Low Density District
7.13 CI Commercial Intensive District
7.14 SCO Sports Club Overlay District
7.15 CZ-CD Creative Zoning Conditional District
7.16 Table of Uses by District
Article 8. Prescribed Conditions with Supplemental Development
Standards for Certain Uses
Standards for Certain Uses
8.1 Statement of intent
8.2 Accessory dwelling units
8.3 Ambulance services
8.4 Amusement parks, water parks, and fairgrounds
8.5 Athletic fields
8.6 Automatic teller machine (ATM freestanding)
8.7 Automobile renting or leasing
8.8 Automobile and truck repair
8.9 Automobile towing service
8.10 Auditoriums/community center
8.11 Banks and credit unions
8.12 Bars
8.13 Batting cages
8.14 Bed and breakfast
8.15 Bingo halls
8.16 Boat repair
8.17 Boat sales
8.18 Body piercing
8.19 Bowling centers
8.20 Bulk mail and packaging facilities
8.21 Bus terminals
8.22 Car and truck washes
8.23 Cemeteries/mausoleums
8.24 Coffee shop
8.25 Communications and broadcasting facilities
8.26 Congregate care facilities
8.27 Convenience stores with gasoline
8.28 Dance schools
8.29 Day care centers, various types of
8.30 Drive-through facilities
8.31 Drugstores
8.32 Elementary or secondary schools
8.33 Emergency shelters
8.34 Equipment rental and leasing
8.35 Equipment repair (light)
8.36 Family care homes
8.37 Fire/EMS stations
8.38 Flea and farmer markets
8.39 Fraternal clubs and lodges
8.40 Fraternity and sororities
8.41 Fuel oil and propane sales
8.42 Funeral homes with crematorium
8.43 Go-cart racetracks
8.44 Golf courses
8.45 Golf courses, miniature
8.46 Golf driving ranges
8.47 Government offices
8.48 Group care facilities
8.49 Home occupations (customary)
8.50 Hotels, motels, and time shares
8.51 Houses of worship
8.52 Kennels
8.53 Landscaping services
8.54 Laundromats
8.55 Laundry and dry cleaning establishments
8.56 Libraries
8.57 Manufactured homes
8.58 Manufacturing and industrial uses
8.59 Marinas without dry storage
8.60 Marinas with dry storage
8.61 Martial arts schools
8.62 Motor vehicle sales
8.63 Motorcycle sales
8.64 Moving and storage services
8.65 Office uses not otherwise classified
8.66 Outdoor storage
8.67 Pawn shops
8.68 Pet stores
8.69 Physical fitness centers
8.70 Private clubs or recreational facilities
8.71 Progressive care facilities
8.72 Parks, passive
8.73 Parks, active with recreational facilities
8.74 Parks, community gardens
8.75 Parks, dog park conditions
8.76 Research, development, or testing services
8.77 Restaurants
8.78 Satellite dishes, TV, and radio antennas (accessory)
8.79 Seasonal agricultural product sales (30 day maximum)
8.80 Self storage facilities
8.81 Service station, gasoline
8.82 Sexually oriented business
8.83 Skating rinks
8.84 Solar energy
8.85 Specialty beverages
8.86 Specialty food stores
8.87 Swim clubs
8.88 Swimming pools
8.89 Tattoo establishments
8.90 Taxidermists
8.91 Temporary outdoor events (two week maximum)
8.92 Tennis clubs
8.93 Theaters
8.94 Tire sales
8.95 Utility equipment and storage yards
8.96 Veterinary services
8.97 Vocational schools
8.98 Warehouses
8.99 Water treatment plants
8.100 Wholesale trade (reserved)
8.101 Wireless telecommunication facilities
8.102 Yard sales
Article 9. Design and Performance Standards
9.1 Off-street parking and loading
9.2 Commercial access
9.3 Large scale commercial development design standards
9.4 Building facade design
9.5 Outdoor lighting
9.6 Outdoor display and storage
9.7 Fences and walls
9.8 Utility, dumpster, recycling, and trash handling
9.9 Screening
9.10 Emergency management standards
9.11 Utility services
9.12 Planned building groups
9.13 Cluster development
Article 10. Landscaping, Buffering, Screening, and Tree Protection
10.1 Purpose
10.2 Applicability
10.3 Tree preservation and tree clearing requirements
10.4 Preservation of protected trees during construction
10.5 Landscaping plans required
10.6 Design of landscaping and buffers
10.7 Requirements for maintaining planted areas
10.8 Project boundary buffer yard and landscaping requirements
10.9 Vehicular use area landscaping
10.10 Removal of existing trees
10.11 Alternative methods of compliance
10.12 Revisions to approved landscape plans
10.13 Inspection of sites
10.14 Emergencies
10.15 Revegetation
10.16 Location of replacement trees and vegetation
10.17 Inspections and certificate of occupancy
Article 11. Signs
11.1 Purpose
11.2 Permits and plans
11.3 General provisions
11.4 Prohibited signs
11.5 Signs allowed in all districts without a permit
11.6 Temporary signs without a permit
Article 12. Subdivision Standards
12.1 Purpose
12.2 Applicability of article
12.3 Suitability of land
12.4 Name duplication
12.5 Improvement guarantees
12.6 Development agreements (reserved)
12.7 Subdivision design
12.8 Streets
12.9 Recreation space
12.10 Property owner associations
12.11 Sites for public use
12.12 Placement of monuments
Article 13. Stormwater Control
13.1 Stormwater control
Article 14. Temporary Uses and Structures
14.1 Purpose
14.2 Temporary use in a temporary structure
14.3 Temporary use in a permanent structure
14.4 Table of allowed temporary uses included in Table 14.8
14.5 Temporary use permits
14.6 Specific regulations for certain temporary uses and structures
14.7 Events
14.8 Table of temporary uses by district
Article. 15 Lighting
15.1 Site lighting
15.2 Roadway lighting
15.3 Acceptance and occupancy
Part III. Definitions and Abbreviations
Article 16. Electric
16.1 Purpose
16.2 Applicability
16.3 General requirements
16.4 Required design criteria for grinder pump electrical connections
Appendices
Appendix I - Definitions
Appendix II - Plant/Vegetation List
These regulations govern the use and development of all land, waters, and structures within the corporate limits of the town; provided, however:
1.3.1 Pursuant to G.S. Chapter 160D-913, the provisions of this ordinance shall not be applicable to any lands owned by any governmental body (federal, state, or local), but shall be applicable to the erection, construction, and use of buildings owned by a governmental body (federal, state, or local);
1.3.2 Pursuant to G.S. Chapter 160D-921, forestry activity on forest land that is taxed on the basis of its present-use value as forest land under G.S. Chapter 105, Article 12, (being G.S. §§ 105-274 through 105-282.6), or forestry activity that is conducted in accordance with a forest management plan that is prepared or approved by a forester registered in accordance with G.S. Chapter 89B, shall not be subject to the regulations of this ordinance; and
1.3.3 When an area(s) may be annexed, Brunswick County zoning may remain in effect for up to 60 days after the effective date of the annexation. During the 60 days, the town shall conduct the required hearing(s) to amend this ordinance to provide zoning in the annexed area(s).
(Ord. passed 2-3-2021)
It is the purpose of this ordinance to:
1.4.1 Promote the public health, safety, and welfare of the residents of the town;
1.4.2 Implement the policies and goals contained in officially adopted plans, including, but not limited to, the Brunswick County Multi-Jurisdictional CAMA Core Land Use Plan;
1.4.3 Preserve and improve the overall quality of life for residents and visitors;
1.4.4 Protect the character of established residential neighborhoods;
1.4.5 Provide, preserve, and protect open space and recreation area for use by residents and visitors;
1.4.6 Maintain economically vibrant and attractive commercial and business areas;
1.4.7 Maintain orderly and compatible land use and development patterns;
1.4.8 Lessen congestion on the streets, and make them safer for automobiles, bicycles, and pedestrians;
1.4.9 Ensure adequate light, air, privacy, and access to property;
1.4.10 Encourage environmentally responsible development practices;
1.4.11 Promote rehabilitation and use of older buildings;
1.4.12 Maintain a range of housing choices and options;
1.4.13 Provide for storm water control;
1.4.14 Assure that fire and emergency services can be provided quickly and effectively;
1.4.15 Establish clear and efficient development review and approval procedures; and
1.4.16 Accommodate growth and development that complies with the preceding stated purposes.
(Ord. passed 2-3-2021)
The administration, enforcement, and amendment of this ordinance shall be accomplished considering recommendations presented in the documents comprising, but not limited to, the town’s comprehensive plan, other planning documents, or any other appropriate Brunswick County Plan or initiative. A copy of the specifically named documents herein before mentioned and all other pertinent documents that may be relied on from time to time shall be filed with the Town Clerk.
(Ord. passed 2-3-2021)
Matters regulated by this ordinance include, but are not limited to:
1.6.1 Use of land and water for trade, industry, residential, parking, and other purposes;
1.6.2 Size of lots, yards, and other spaces;
1.6.3 Maximum coverage of lots by impervious surfaces (including buildings and structures) and by use;
1.6.4 Height, size, location, erection, construction, reconstruction, alteration, and use of buildings and other structures for trade, industry, residential, and other purposes; and
1.6.5 The division and subdivision of land.
(Ord. passed 2-3-2021)
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