§ 16-383. Descriptions and purposes of the districts.

(a)

R-1, R-2, R-3, R-4 Residential Districts. These districts are established for residential development in which the principal use of the land is for single- and two-family dwellings. In promoting the general purpose of this article, the specific intent of these districts is to:

(1)

Encourage the construction of and the continued use of the land for single-family and two-family residential purposes.

(2)

Encourage the development of residential neighborhoods that compliment one another.

(3)

Prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district.

(4)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this article.

(5)

Discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets.

(6)

To discourage any use which because of its character or size would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for residential purposes.

(b)

PRD-1 Planned Residential Development District. This district is established for residential development of varying types and designs. In promoting the general purpose of this article, the specific intent of this district is to:

(1)

Encourage the construction of planned residential developments of various styles and types at a higher density than the R-1, R-2, R-3 or R-4 districts.

(2)

Prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district.

(3)

Discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets.

(4)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this article.

(c)

PRD-2 Planned Residential Development District. This district is established for residential development in which the principal use of the land is for single- and two-family development. In promoting the general purpose of this article, the specific intent of this district is to:

(1)

Encourage the construction of and the continued use of the land for planned residential developments of single- and two-family dwellings at a density higher than the R-1, R-2, R-3 or R-4 districts.

(2)

Prohibit commercial and industrial use of the land and to prohibit any other use which would substantially interfere with development or continuation of dwellings in the district.

(3)

Discourage any use which would generate traffic on minor streets other than normal traffic to serve residents on those streets.

(4)

Encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this article.

(d)

B-1 General Business District. The general business district is established as a district in which the principal use of the land is for commercial, mixed-use, and service uses for the surrounding urban market. In promoting the general purposes of this article, the specific intent of this district is to:

(1)

Encourage the construction of and the continued use of the land for commercial, mixed- use, and service uses;

(2)

Provide for the orderly expansion of such uses within the general business district, as designated on the zoning map;

(3)

Permit a concentrated, intensive development of the permitted uses while maintaining a substantial relationship between the intensity of land use and the capacity of utilities and streets;

(4)

Discourage the continuance of existing uses that would not be permitted as new uses under the provision of this district.

(5)

Allow accessory apartments.

(e)

B-2 Restricted Business District. This district is established as a district in which the principal use of land is for the retailing of goods and provision of commercial services to surrounding areas. In promoting the general purpose of this article, the specific intent of this district is to:

(1)

Encourage the construction of and the continued use of the land for commercial and service uses;

(2)

Provide for the orderly expansion of such uses within this district, as designated on the zoning map;

(3)

Discourage the continuance of existing uses that would not be permitted as new uses under the provision of this district.

(f)

C-1 Conservation District—Ocean Front Side. The purpose of this district is to preserve and protect the areas of environmental concern as identified by G.S. 113A-113 and 15A NCAC 07H .0200 and 07H .0300. The C-1 district is identified as that area between the mean low-water line and mean high-water line along the Atlantic Ocean beachfront from a point at the oceanfront intersection of the Topsail Beach/Surf City town lines and southwestwardly to a point in the center line of topsail Inlet at its intersection with the Atlantic Ocean.

(g)

C-2 Conservation District—Sound Side. The purpose of this district is to preserve and protect the areas of environmental concern as identified by G.S. 113A-113 and 15A NCAC 07H .0200 and 07H .0300. The C-2 district is identified as the waters and marshlands between the center of the intracoastal waterway and the mean low water mark of Topsail Sound and its adjacent waters within the corporate limits of Topsail Beach.

(h)

C-4 Conservation District—Inlet Area. The purpose of this district is to preserve and protect the areas of environmental concern as identified by G.S. 113A-113 and 15A NCAC 07H .0200 and 07H .0300. The C-4 district is identified as all land included in the inlet hazard area and that is not zoned for residential use.

(i)

MFOD Maritime Forest Overlay District. The maritime forest overlay district shall include all land northeast of Davis Street from the ocean to the sound to the city limits of the town. The purpose of this district is to protect the remaining maritime forests located within the town. Maritime forests are recognized as both an important resource and as an important component of the barrier island ecosystem providing wildlife habitat, serving to stabilize soil and sand and providing a vital link in the local ground water replenishment cycle. Development in this district should be designed to cause the least practical disruption to the maritime forest cover. The requirements of the Maritime Forest Overlay District (MFOD) shall be in addition to any other zoning districts where applied so that any parcel of land lying in a MFOD may also lie in one or more of the zoning districts provided for by this article. The development of all uses permitted by right or by conditional use permit in the underlying district, if any, shall be subject to the requirements of both the MFOD and the underlying district, if any. In the event the MFOD requirements conflict with the underlying district requirements, the requirements of the MFOD shall take precedence. If requirements for a particular item are not specified in the MFOD but are specified by the underlying district, then the requirements of the underlying district shall be followed.

(1)

Dimensional requirements. The dimensional requirements should be the same as in the underlying district.

(2)

Design standards. In maritime forest areas, the development shall be designed so as to protect and enhance the continuing growth of the remaining undisturbed areas. In doing so, the following requirements shall be met:

a.

No alteration of a lot or building site shall occur prior to the issuance of a zoning permit.

b.

The area of disturbance shall be limited to the area of the lot contained within the front, rear and side yard setbacks of the underlying zoning district, except for limited driveway access and an approved septic tank system.

c.

Vegetation contained within the zoning setbacks with a diameter of three inches or less may be removed.

(3)

Site plan. No alteration of a lot or building site shall occur prior to the issuance of a zoning permit. No zoning permit shall be issued for a lot without a physical inspection by the building inspector. When applying for a building permit, an applicant must submit a site plan to the building inspector for review and approval. The site plan shall show the existing and proposed location of all structures, utilities, driveways and parking areas. Trees and vegetation shall not be removed, except as necessary for construction as provided in the design standards listed in subsection (i)(2) of this section. Some clearing of understory trees and shrubs may be required to prepare a site for survey, inspection by governmental agencies as part of any permitting process, or to stake the proposed building site. On densely vegetated lots a walking access trail not to exceed three feet may be cleared for access purposes. Permission to clear such understory trees and shrubs shall not be required by the building inspector for these purposes listed in this subsection above; however, clearing shall be kept to an absolute minimum.

(Ord. No. 95-008, § 8.6, 12-13-1995; Ord. No. 02-004, § 1, 4-10-2002; Ord. of 11-20-13, § 2)