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 Topsail Beach
 Code of Ordinances
 Chapter 16. LAND DEVELOPMENT
 Article IV. ZONING
 Division 6. ZONING DISTRICTS AND REGULATIONS

  § 16-384. Table of permitted and conditional uses.  

Latest version.

  • The following uses are listed as permitted (P) or conditional (C) in each zoning district where allowed. The uses listed may not address all possible uses. In determining if a use is permitted, the zoning enforcement officer shall consider which category of expressed uses most closely matches the use proposed and apply the regulations pertaining to that category to the proposed use. In the event there is no match, the use shall be prohibited.

    Uses Permitted Districts
    R-1 R-2 R-3 R-4 PRD-1 PRD-2 B-1 B-2 C-1 C-2 C-4 MFOD
    Accessory uses and structures incidental to any permitted principal use P P P P P P P P P
    Alcoholic beverages, packaged retail sale P P
    Ambulance service P
    Assembly hall P P
    Bank, savings and loan company and other financial institutions P
    Barbershop P P
    Beach access P P P P P P P P P P P P
    Beauty shop P P
    Boardinghouse, bed and breakfast, guesthouse P P
    Boats and accessories, retail sales and service P P
    Boat ramp (public or commercial) P P P P
    Builders supply (roofed storage only) P P
    Building materials sales and storage yards P
    Business and professional offices, including architects, real estate, legal, engineers, firms and accountants P P
    Candy or confectionery store (on-premises retail sales only) P P
    Church P P P P
    Clinic, medical and dental P P
    Club or lodge C C C
    Convenient food store P P
    Curio and souvenir shop P P
    Dairy products store (on-premises retail sales only) P P
    Day care facilities P P
    Delicatessen, including catering P P
    Accessory apartments P
    Dwelling, single-family P P P P P P P P P
    Dwelling, two-family/duplex P P P P P P P P P
    Dwelling, manufactured home (wind zone D rated) C
    Dwelling, multifamily or planned residential development C
    Fire station P
    Fishing piers and docks (private) uncovered P P P P P P P
    Grounds and facilities for public recreation facility, such as community center buildings, parks, playgrounds, tennis courts and similar facilities operated by the town P P P P P P
    Home occupation P P P P P P P P P
    Hotels and motels P P
    Library P P
    Marinas-Class I (Public) C C
    Marinas-Class II (Private) P P P P P
    Office supplies and equipment sales P
    Public utility works, shops or storage yards P
    Public utility stations or substations C C C C C C C C C
    Repair, rental and/or servicing of any product the retail sale of which is permitted use in the same district P P
    Restaurants P P
    Retail sales, including baked goods, bicycles, books, cameras, candy, clothing, cosmetics, drugs, fabric, flowers, furniture, gardening supplies, gifts, groceries, hardware, hobby supplies, household appliances, ice cream, jewelry, lawn mowers, magazines, newspapers, notions, shoes, televisions, toys, watches, and similar goods P P
    Marine animal rescue and rehabilitation center P
    School, private (kindergarten, elementary, or secondary) P P
    Studio for teaching music, dance, or dramatics P P
    Tennis courts-unlighted P P P P P P P P
    Tennis courts-lighted P
    Theater, indoor P
    Trades contractor, excluding outside storage of equipment or supplies P P
    Pedestrian water access walkways P P P P P P P C C C P
    Water towers and related water works, shops and storage owned, or operated, or leased by, or leased to the town P
    Wireless telecommunications facilities and related shops and storage owned or operated, or leased by, or leased to the town [see § 16-732(1), amended 1/9/2013] P
    Wireless telecommunications facilities and related shops and storage permitted pursuant to the town's wireless telecommunications facilities siting article (art. V, ch. 16 of Code of Ordinances) C C

     

    (1)

    Dimensional requirements by district. The dimensional requirements table in section 16-385 lists minimum dimensional requirements for each zoning district.

    (2)

    Corner visibility. No planting, fence or other obstruction to visibility of vehicles shall be erected, maintained or allowed to exist in residential districts within the range of three to seven feet above street level closer to the intersection of any two street lines than 15 feet and in the B-1 and B-2 business districts within the range of three to ten feet above street level closer to the intersection of any two street lines than 25 feet. Streets designed to state DOT standards are exempt from this requirement.

    (3)

    Maximum height limit. 38 feet plus free board from mean adjacent grade to highest peak of the roof. Grade elevation is to be established before construction. No part of the structure other than the chimney may extend beyond the 38-foot plus freeboard limit.

    (4)

    Minimum dwelling unit size. 1,200 square feet for single-family dwellings and 900 square feet per unit for duplex and multifamily dwelling units.

    (5)

    Lot coverage. Lot coverage, including hardened surfaces, shall not exceed 35 percent of gross lot area in all districts.

    (6)

    In order to obtain a building permit for a new structure, or expand the heated living space of an existing structure, a current certificate of septic capacity issued or approved by Pender County must be presented to the building inspector.

(Ord. No. 95-008, § 8.7, 12-13-1995; Ord. No. 96-004, §§ 1, 2, 7-10-1996; Ord. of 7-10-1996, § 2; Ord. No. 97-002, § 2, 8-13-1997; Ord. No. 98-004, § 1, 5-13-1998; Ord. No. 98-007, § 1, 6-10-1998; Ord. No. 9-003, § 1, 12-9-2009; Ord. No. 10-001, § 1, 1-13-2010; Ord. of 8-8-2012; Ord. of 1-9-2013(2), §§ 1—3; Ord. of 6-12-2013; Ord. of 11-20-2013, § 3)