§ 48-445. Commercial-outdoor recreational uses overlay zoning district.
(a)
Established; purpose. The commercial-outdoor recreational uses overlay district is hereby established. The purpose of establishing this overlay district is to provide a set of comprehensive land use regulations for the operation of commercial-outdoor recreational uses while protecting the residentially zoned areas of the town. All commercial-outdoor recreational uses proposed within this overlay district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to other applicable rules, regulations, and permit requirements. In cases of conflicts with regulations in the underlying zoning district, the more restrictive requirement shall apply. Within this overlay district all permitted and conditional uses in the C-2 zoning district which are on a separate lot and not in combination with any of the below listed commercial outdoor recreational uses shall be allowed.
(b)
Jurisdiction. The provisions of this section shall apply to all areas designated as the commercial-outdoor recreational uses overlay district and defined on the official zoning map of the town. The provisions of this section shall also include areas within the town's extraterritorial jurisdiction as shown on the official zoning map of the town.
(c)
Exceptions of applicability. All existing commercial-outdoor recreational uses which do not meet the requirements of this section shall be regulated in accordance with article IV, Nonconformities, of this chapter.
(d)
Conditional commercial-outdoor recreational uses.
(1)
The following commercial-outdoor recreational uses are allowed as conditional uses in only the commercial-outdoor recreational uses overlay district:
a.
Water-dependent commercial-outdoor recreational uses limited to the following:
1.
Fishing boat rental.
2.
Guide boat rental.
3.
Parasail rental.
4.
Powered watercraft, runabout, skiff rental.
5.
Personal watercraft—Maximum eight authorized rental units per site with a maximum of seven authorized personal watercraft rental sites within town.
6.
Tour boat rental (49 passengers or less).
7.
Sailboat rental.
8.
Canoe rental.
9.
Kayak rental.
10.
Windsurfer rental.
11.
Pedal boat rental.
b.
Land-dependent commercial-outdoor recreational uses limited to the following:
1.
Outdoor bumper boat pool.
2.
Go-cart rental.
3.
Grass-surface putting course.
4.
Miniature golf course.
5.
Outdoor sport climbing wall.
6.
Water balloon battle game.
c.
Designated public events site.
d.
Outdoor amusement rides and games, including ferris wheels, as an accessory use to the uses listed in subsections 48-445(d)(1), a and b. Additionally:
1.
The parcel upon which the amusements are located must have a minimum lot size of three acres.
2.
Amusement rides, including ferris wheels, shall be permitted in accordance with subsection 48-81(b)(6), exclusions from height, of this chapter.
3.
Amusement rides of a height taller than 35 feet shall be limited to three and shall be set back a minimum distance of 1.1 times the amusement ride height from all property lines and rights-of-way. All amusement rides, regardless of height, shall be setback a minimum of 20 feet from all property lines and rights-of-way.
4.
Where an established mature vegetative buffer of ten feet in height does not exist, a fence of ten feet in height shall be constructed along all property lines abutting a residential use.
5.
Proof of compliance with all state and federal regulations will be furnished to the town upon request.
e.
Aerial adventure park.
1.
Lot size shall be a minimum of one acre in size (43,560 square feet).
2.
Shall be compliant with Association for Challenge Course Technology (ACCT) or more stringent standards.
3.
When using utility poles taller than a height of 35 feet they shall be set back a minimum of 1.1 times the eight from all property lines and rights-of-way.
4.
Under no circumstance shall any portion of the aerial park exceed 60 feet in height from natural or original grade.
5.
Where an established mature vegetative buffer of ten feet in height does not exist, a privacy fence of opaque material or ten feet in height shall be constructed along all property lines abutting a residential use area.
(2)
Permitted accessory uses within the principal building limited to the following:
a.
Concession.
b.
Amusement arcade.
c.
Restaurant.
d.
Retail.
e.
Single-family dwelling.
(3)
Conditional commercial-outdoor recreational uses and accessory uses are allowed subject to the requirements of this section and provided that the following conditions are met:
a.
Commercial-outdoor recreational uses shall be in accordance with applicable standards in section 4-231 of this Code, commercial-outdoor recreational uses.
b.
A 12-foot wide vehicular accessway suitable for firefighting and rescue equipment as approved by the town shall connect the commercial-outdoor recreational use to the driveway with the exception of piers and docks, unless such development is prohibited by local, state or federal regulations. Emergency accessways may also be used for the required pedestrian accessway.
c.
The commercial-outdoor recreational use shall be connected to all improved facilities including restrooms and parking areas by improved walkways. Such walkways shall be at least five feet wide and constructed of concrete, asphalt, wood, or other similar material and may also be used as vehicular emergency accessways if they meet the standard in subsection (d)(3)b of this section.
d.
No portion of any fueling area and/or gasoline storage area shall be further than 500 feet or closer than 50 feet to a fire hydrant. The location of the fire hydrant shall be approved by the town.
e.
Except for water-dependent uses, all crowd or spectator areas shall be designed and sited such that any noise, cheering, etc., resulting from the crowd or spectators is directed toward the interior of the site. Typical spectator areas would include bleachers or open picnic areas.
f.
Lighting shall be in accordance with the security lighting standards in article IX of this chapter.
g.
When an existing or proposed parking lot is designed and improved to allow access to adjoining properties within the commercial-outdoor recreational uses overlay zoning district, the applicant and each adjoining property owner may reduce the parking space requirement by ten percent provided that cross-easements are recorded in the county registry that allow unrestricted parking and traffic flow between the proposed and existing lots. The vehicular travel area included in the cross-easement shall be excluded from lot coverage calculations, as shown in the following diagram, unless it is within the estuarine AEC.
Parking Lot Access to Adjoining Properties
h.
All petroleum products shall be stored in accordance with NFPA 30 and the North Carolina Fire Prevention Code standards. All petroleum products subject to the above regulations shall be stored no closer than 50 feet or a distance equal to one-half the lot width whichever is less from any property line, right-of-way, drainage ditch, or estuarine waters unless the above regulations require a greater setback. All sites subject to the above regulations shall be inspected at least on an annual basis by the town, or prior to events associated with crowd gathering permits or the designated public events site.
i.
Designated public events sites require a special events permit with a site and management plan for events that expect more than 100 attendees. Applications must be made to the town manager's office no less than 14 days prior to the initiation of any event or temporary use to take place on the site in order for the town to:
a.
Evaluate requests for town assistance and costs to be charged as associated with the event;
b.
Determine and schedule what types of site inspections may be needed;
c.
Evaluate parking, site access and traffic controls;
d.
Evaluate crowd controls and flow, and site requirements for bathroom, water and other facilities that may be required to protect the health and welfare of the participants;
e.
Confirm that state ALE, and county health department requirements have been met;
f.
To assign and charge any fees associated with use of town personnel;
g.
Schedule repeating events; and
h.
Events site and management plan shall include:
1.
Contact information and cell phone for the person in charge of the event.
2.
A brief description of the event with an estimated number of expected participants. Ticketed events should indicate the maximum number of tickets that will be sold.
3.
A site plan map showing:
i.
The location of all temporary structures, including tents, stages, concessions, bathroom facilities, or rides.
ii.
A traffic and parking plan indicating site ingress/egress, traffic flow direction, designated parking areas, and the number of parking spaces. Ticketed events must have one space for every three tickets sold. If off-site parking is anticipated, plan must indicate where off-site parking will be located and document approval from those property owners.
iii.
The amount, type, and location of temporary signage, subject to the provision of section 48-283 of this chapter, and the following:
1.
Directional signage less than 12 square feet may be located at strategic locations to direct pedestrians and motorists.
2.
Temporary advertisement, sponsorship, or commercial signage shall be directed internally to the event itself, and shall not be located adjacent to or addressing adjacent properties, the US 158 right-of-way or the beach or sound.
3.
Temporary signs shall be displayed only during the actual time period of the event and shall be promptly removed at the close of such event.
iv.
Notes or attachments related to any additional documentation pertinent to the planned event, including but not limited to:
1.
Approvals required from other agencies (ALE, state health department).
2.
Off-site parking arrangements.
3.
Proof of insurance related to the event.
i.
Failure to comply with inspection and code requirements can result in fines and, or suspension of the use of the site in accordance with section 1-6 of this Code and other applicable local and state regulations.
(4)
Combination of commercial-outdoor recreational uses. Unless held on a designated public events site as defined in section 48-7 of this chapter, the combination of two or more commercial-outdoor recreational uses on any site, including accessory uses previously listed in this section shall be permitted subject to the following additional requirements:
a.
Only one principal building shall be allowed.
b.
All uses, principal structures, and accessory structures within the site shall be connected by improved walkways. Such walkways shall be constructed of concrete, asphalt, wood, or other similar material and may also serve as vehicular emergency accessways described in this section.
c.
There shall be only one curb cut for each commercial-outdoor recreational site.
d.
When not structurally connected, there shall be a separation of ten feet between uses.
(5)
Setbacks from property lines and rights-of-way and buffer requirements for all of the commercial-outdoor recreational uses listed in subsections (d)(1)a and (1)b of this section shall be as follows:
a.
Setbacks from property line/right-of-way and buffer requirements.
Water-
dependent uses listed in (d)(1)aLand-
dependent uses listed in (d)(1)bGo-cart
rentalsU.S.E Front 15 20 30 Side 5/15 15 30 Rear 0 25 25 PRINCIPAL BUILDING Front 15 15 30 Side 5/15 5/15 30 Rear 25 25 25 ACCESSORY STRUCTURE BUILDING Front 15 15 30 Side 5/15 5/15 30 Rear 25 25 25 BUFFER YARD REQUIRED FROM PROPERTY LINES Front D A E Side C C D Rear F F F b.
A side yard setback of five to 15 permits a use, principal building, or accessory structure to be located no closer than five feet on one side and both side yards combined shall not be less than 15 feet.
c.
Estuarine shoreline. Commercial-outdoor recreational uses may have docks, piers, and walkways as permitted by the town, CAMA and the corps of engineers.
d.
The term "use," as referred to in this section shall mean the principal activities on the site, i.e., bumper boat pool, go-cart track, sport-climbing wall.
(6)
Buffer yards shall be installed and maintained according to the standards of subsection (d)(5)a of this section, and in accordance with sections 48-481—48-484.
(7)
The following specific conditions are in addition to other requirements of this section and other applicable regulations:
a.
Go-cart rental establishments.
1.
The running surface of the track shall be either concrete or asphalt and shall be maintained in a dust-free state.
2.
The total length of the track, measured at the centerline, shall not exceed 2,500 feet.
3.
Any area of the track accessible to spectators shall be fenced to a minimum height of 40 inches to keep spectators off the track surface.
4.
No use shall be allowed within the interior portion of the track with the exception of drainage facilities, subsurface septic facilities, or landscaped open space.
5.
The first 1½ inches of rainwater from all track surfaces shall be contained on-site.
6.
No portion of the track shall be located within any contiguous and/or adjacent 404 wetland areas, as defined by the U.S. Army Corps of Engineers. No portion of the track may be located within an isolated wetland unless such wetland can be filled in accordance with all applicable regulations and town policy.
7.
Bumper cars shall be allowed as an accessory use to go-cart tracks with the following conditions:
i.
The bumper car operations area shall not exceed 2,000 square feet.
ii.
The bumper car enclosure/operations area shall be architecturally compatible with the principal building or buildings.
iii.
No signage is permitted upon the bumper car enclosure/operations area.
iv.
The number of operable bumper cars available for rental shall be limited to one car per 200 square feet of bumper car enclosure area.
b.
Grass-surface putting course:
1.
The site shall be at least one acre of playing area for every 18 holes and no less than two acres in total size.
2.
For the first three acres in the development site, lot coverage shall not exceed 30 percent; for any land area above three acres, the allowable lot coverage shall be that specified in subsection 48-407(d).
3.
The principal irrigation of the course shall be provided by on-site wells or ponds.
4.
The site shall be designed or graded so that all drainage is directed towards on-site retention areas or ponds.
5.
No portion of the use shall be located within any contiguous and/or adjacent wetland areas as defined by the U.S. Army Corps of Engineers.
c.
Outdoor bumper boat pool:
1.
The bumper boat pool shall be lined with an impermeable material to prevent groundwater intrusion or transference.
2.
The surface of the pool shall not exceed 4,000 square feet.
3.
The pool shall be enclosed in accordance with state building code standards.
d.
Outdoor sport climbing wall:
1.
The height of any outdoor sport climbing wall shall not exceed 35 feet above the existing grade.
e.
Boat rental establishment:
1.
Each site shall be limited to a maximum of eight authorized personal watercraft rental units per site with a maximum of seven authorized personal watercraft rental sites within town. No personal watercraft shall be located waterward of the nearest principal or accessory building other than authorized personal watercraft identified for rental use and two personal watercraft that may be available for control, supervision, or rescue purposes per site.
(Code 1990, § 22-356; Ord. No. 12-06-018, Pt. IV, 6-6-2012; Ord. No. 12-12-037, Pt. I, 12-5-2012; Ord. No. 13-01-003, Pt. I, 1-16-2013; Ord. No. 13-10-029, Pt. I, 10-2-2013; Ord. No. 13-11-033, Pt. I, 11-6-2013; Ord. No. 15-06-015 , Pt. II, 6-3-2015)