For purposes of this section, an "oceanfront fishing pier" shall mean a pier constructed wholly or in part east of the property line as established by Chapter 246 of the Public Laws of North Carolina, Session 1939, as amended.
An oceanfront fishing pier that is maintained as a nonconforming use or nonconforming structure may be expanded or enlarged in accordance with the provisions of this section as follows:
(A) Expansion or enlargement shall only be permitted if the oceanfront fishing pier provides public access for fishing or other recreational purposes whether on a commercial, public, or non-profit basis.
(B) Any pier house associated with an oceanfront fishing pier shall not be expanded, except as follows:
(1) An expansion of the roof overhang shall be permitted if the area does not exceed 400 square feet. Such area shall not be enclosed in any manner.
(2) An uncovered and unenclosed deck not to exceed 225 square feet in size may be added to the northern side of the pier house to be used solely for the installation of a freezer, heating and air conditioning equipment and any required screening.
(3) A portion of a deck existing on the date of adoption of this Ordinance, which date is February 14, 2013, not exceeding 198 square feet and located at the northwest corner of the pier house may be enclosed with siding matching the siding of the pier house not to exceed 12 feet and 10 inches in height. Such enclosed area may be used solely for the purposes set forth in subsection (2) above and for installation of a manufactured and enclosed trash cooler unit. Except for the top of the manufactured trash cooler unit, this area may not have a roof or cover of any kind.
(4) Enclosure of an area not exceeding 56 square feet at the southeast corner of the pier house which is covered by an existing roof of the date of adoption of this Ordinance, which date is February 14, 2013. Such enclosed space may only be used as a vestibule and entrance area.
(5) Construction of an access ramp on the south side of the pier house not to exceed 249 square feet in area. Such ramp must be constructed so as to provide access to the pier house from ramps in existence on the date of adoption of this Ordinance, which date is February 14, 2013. No new access ramp may be constructed that would permit access to the pier house except from an existing ramp as described in the preceding sentence.
(C) Use of any pier house associated with an oceanfront fishing pier shall be limited to restaurants and retail services.
(D) The oceanfront pier located east of the pier house and excluding the pier house may be expanded a total of 2,600 square feet (the "permitted expansion area") subject to the following restrictions and provisions:
(1) Except as otherwise permitted in this section, the permitted expansion area may only be used for open air seated dining service associated with the restaurant operated in the pier house and access to the oceanfront fishing pier. The use of the permitted expansion area for open air seated dining service shall be limited to the hours of operation of the restaurant located within the pier house.
(2) The permitted expansion area used for open air seated dining service must not extend more than 120 feet seaward of the eastern wall of the pier house. For purposes of this Ordinance, the "eastern wall of the pier house" shall mean the primary wall of the eastern side of the pier house at the location of such wall on the date of adoption of this Ordinance which date is March 10, 2022. This area may be covered by removable fabric awnings, the highest point of which shall not exceed a height of 12 feet above the deck of the pier. Tables in this area may utilize table umbrellas. Except as otherwise provided herein, no other roof or covering of any kind shall be permitted in this expansion area. Removable fabric awnings may be extended another 25 feet beyond the permitted expansion area (the "25 foot service area") to provide cover for service facilities related to the open air seated dining service. For purposes of this section, "service facilities" shall mean and be limited to temporary facilities for serving persons seated at the tables within the permitted expansion area and shall include mobile underbar cooler, beer station cabinet, beer tap, freezer, mug chiller, wine dispenser, carbonated drink dispenser, soda gun dispenser, blender station, dump sink, ice station, underbar speed rail, POS station, and glass storage or other facilities as are required by the New Hanover County Health Department. No permanently affixed service facilities of any kind (except as provided below) shall be permitted within this 25 foot service area and all such service facilities shall be designed to be removable and shall be removed during the period November 1st through March 31st. No tables for customers shall be permitted within this 25 foot service area. The use of permitted service facilities shall be limited to serving persons who seated at the tables within the permitted expansion area. Under no circumstances shall such service facilities be used as a bar for customers of the fishing pier or to serve anyone except customers seated at the tables within the permitted expansion area. All use of the service facilities shall cease at 10:00 p.m. Permanent utilities may be installed in the 25 foot service area to include power, water, and drain lines and two 42" high walls 20' in length running parallel to the eastern wall of the pier house.
(3) The width of any permitted expansion of the oceanfront fishing pier shall be limited as follows:
(a) Any permitted expansion within the area that is located 30 feet seaward of the eastern wall of the pier house shall be limited to the width of the existing pier house.
(b) Any permitted expansion located beyond the 30 feet area referenced in subparagraph (a) above, shall be limited so that the maximum width of the oceanfront pier does not exceed 32 feet.
(4) Existing oceanfront piers which choose not to expand consistent with authority granted in this subsection (D) may provide open air seating. The use of any portion of the pier for open air seating shall be subject to any limitations on open air seating set forth in this subsection (D).
(E) In addition, the fishing pier may be extended eastwardly for a maximum distance of 1,000 feet from the eastern wall of the pier house provided that any expansion to the fishing pier beyond 145 feet from the eastern wall of the pier house shall not exceed 20 feet in width.
(F) No expansion or enlargement shall be permitted unless the owner first acquires a special use permit in accordance with Section 155.4.5 of this UDO.
(G) All other applicable provisions of the UDO shall be complied with in conjunction with such expansion or enlargement to include compliance with all off-street parking requirements.
(Ord. 1695, passed 11-8-12; Am. Ord. 1699, passed 2-14-13; Am. Ord. 1713, passed 6-13-13; Am. Ord. 1838, passed 3-10-22)