ARTICLE I LEGAL PROVISIONS
1.1 Enactment and Authority
The Town Council of the Town of Holly Ridge, North Carolina pursuant to the authority granted by
Article 1, Chapter 160A of the North Carolina General Statutes, does hereby ordain and enact into
law the following Articles and Sections.
1.2 Title
This Ordinance shall be known as the Zoning Ordinance of the Town of Holly Ridge, North Carolina.
1.3 Official Zoning Map
An official zoning map depicting the actual location of the Zoning Districts is made a part of this
ordinance and adopted by reference. The official zoning map, which is identified by the title
“Zoning Map of Holly Ridge”, shall be known as the “Zoning Map”. The official zoning map shall be
maintained in the Town Hall of Holly Ridge, shall bear the adoption date of this Ordinance and the
date of any subsequent map amendments, and may consist of a series of maps.
1.4 Jurisdiction
The provisions of this Ordinance shall apply within the areas designated as Zoning Districts on the
official zoning map(s) by the Town Council of Holly Ridge. The official Zoning Map will be on file at
the Town Hall of Holly Ridge.
1.5 Bona Fide Farms Exempt
This Ordinance shall in no way regulate, prohibit or otherwise deter any bona fide farm and its
related uses except that any use of such property for non-farm purposes shall be subject to all
regulations specified herein.
1.6 Interpretation and Conflict
In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum
requirements for the promotion of the public safety, health and general welfare. It is not intended
by this Ordinance to interfere with, abrogate, or annul any easements, covenants or other
agreements between parties. Where this Ordinance imposes a greater restriction upon the use of
buildings or premises or upon the height of buildings, or requires larger open space than is
imposed or required by other ordinance, rules, regulations, or by newly created easements,
covenants, or agreements following the enactment of this ordinance, the provisions of this
Ordinance shall govern.
1.7 Severability
If any Article, Section, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid by the courts, such decision shall not affect the validity of the remaining portion of this
ordinance. The Holly Ridge Town Council hereby declares that it has passed this Ordinance and
each Article, Section, clause and phrase thereof, irrespective of the fact that any one (1) or more
Articles, Sections, sentences or phrases be declared invalid by the courts.
1.8 Effective Date
This Ordinance shall be in force from and after its passage and approval.
Passed and adopted this ____________ day of________________________, 20________.
The effective date of this Ordinance is the ________________ day of __________, 20____.
ATTEST:
___________________________________ ___________________________________
Clerk to the Town Council Mayor
ARTICLE II ADMINISTRATION
2.1 Zoning Enforcement Officer
The Zoning Administrator, or his authorized agent, is hereby authorized, and it shall be his duty, to
enforce the provisions of this Ordinance. This official shall have the right to enter upon the
premises at any reasonable time necessary to carry out his/her duties. It is the intention of this
Ordinance that all questions arising in connection with its enforcement and interpretation shall be
presented first to the Zoning Administrator. Appeal from his decision shall be made to the Town
Council.
In administering the provisions of this Ordinance, the Zoning Administrator shall:
A. Make and maintain records of all applications for permits and requests listed herein, and
records of all permits issued or denied, with notations of all special conditions or modifications
involved.
B. File and safely keep copies of all plans submitted, and the same shall form a part of the
records of his office and shall be available for inspection at reasonable times by any interested
person.
C. Transmit to the appropriate board or Town Council all applications and plans for which their
review and approval is required.
D. Conduct inspections of the premises and, upon finding that any of the provisions of this
Ordinance are being violated, notify in writing the person responsible for such violations, indicating
the nature of the violation and ordering the action necessary to correct it.
2.2 Zoning Permits
2.3 Zoning Permit Required
Application for a Zoning Permit shall be made in writing to the Zoning Administrator on forms
provided for that purpose. Zoning Permits shall be void after six (6) months from the date of issue
unless the Zoning Administrator determines that sufficient progress on the project has been made.
A valid Zoning Permit shall be presented with any application for a Building Permit. No Building
permit shall be issued for any land use in a zoned area until such Zoning Permit is presented.
2.4 Approval of Plans
The Zoning Administrator shall require that every application for a Zoning Permit be accompanied
by a plan showing the following in sufficient detail to enable him to ascertain whether the proposed
activity is in conformance with this Ordinance.
A. The actual shape, location and dimensions of the lot, to include adjacent roadways or other
information showing access to the public road system.
B. The shape, size and location of all buildings or other structures to be erected, altered or
moved and of any building or other structures already on the lot.
C. The existing and intended use of all such buildings or other structures.
D. A statement indicating the current zoning for the property to include the identification of any
overlay zones.
E. The location of any shared or outlying drain fields/wastewater systems separate from the lot
which the shared or outlying drain field or wastewater system is to support.
F. Such other information concerning the lot or adjoining lots as may be necessary for
determining whether the provisions of this Ordinance are being observed.
Applications for Group Developments, Commercial Uses, Conditional Uses, and Special
Requirement Uses shall be accompanied by a site plan as specified in this ordinance.
2.5 Issuance of Zoning Permits
If the proposed activity, as set forth in the application, is in conformity with the provisions of this
Ordinance, the Zoning Administrator shall issue a Zoning Permit. If any application for a Zoning
Permit is not approved, the Zoning Administrator shall state in writing, on the application, the cause
for such disapproval. Issuance of a permit shall, in no case, be construed as waiving any provision
of this or any other ordinance or regulation. Zoning Permits may be rescinded without recourse if
issued by mistake, in violation of the Zoning Ordinance, or on false or misleading information
provided by the applicant.
2.6 Certificates of Occupancy
No new building or part thereof shall be occupied, and no addition or enlargement of any existing
building shall be occupied, and no existing building after being moved shall be occupied, and no
change of occupancy shall be made in any existing building or part thereof, until the Building
Inspector has issued a Certificate of Occupancy therefore. A Temporary Certificate of Occupancy
may, however, be issued by the Building Inspector for a building or portion of a building which may
safely be occupied prior to final completion and occupancy of the entire building or for other
temporary uses.
ARTICLE III Vested Rights
3.1 Purpose
The purpose of this section is to implement provisions of G.S. 160A-385.1 that establishes a
statutory zoning vested right upon the approval of a site-specific development plan.
3.2 Procedure
A. At the time that the landowner submits an application for a subdivision plat or Conditional
Use Permit, the landowner must declare in writing, using a form provided by the Town of Holly
Ridge for that purpose, that he is seeking to acquire a vested right pursuant to G.S. 160A-385.1
and the Town of Holly Ridge Zoning Ordinance.
B. For a subdivision plats where a vested right is sought, the Zoning Administrator will
advertise and schedule a public hearing in accordance with the procedures used for Conditional
Use.
C. For proposed developments that do no require subdivision plat approval or a Conditional
Use, the landowner may seek to establish a vested right by following the procedures promulgated
for applications for Conditional Use.
D. A variance shall not constitute a site-specific development plan and approval of a site-
specific development plan with the condition that a variance be obtained shall not confer a vested
right unless and until the variance is approved.
3.3 Establishment of Vested Right
A. A vested right shall be deemed established upon the valid approval, or conditional
approval, of a subdivision plan, Conditional Use or Planned Unit Development. Such vested right
shall confer upon the landowner the right to undertake and complete the development and use of
said property under the terms and conditions of the subdivision plat, Conditional Use or Planned
Unit Development.
B. A right that has been vested, as provided for in this section, shall remain vested for a period
of two (2) years. This vesting shall not be extended by any amendments or modifications unless
expressly provided by the Town. The Town may, but is not required to, extend the vested term to
three (3) years for a maximum total of five (5) years.
3.4 Termination
A vested right, once established as provided for in this section, precludes any zoning action by the
Town which would change, alter, impair, prevent, diminish, or otherwise delay the development or
use of the property as set forth in an approved site specific development plan, except that the right
may be terminated without further recourse under the following circumstances:
A.. With written consent of the affected landowner
B. Upon finding that natural or man-made hazards on or in the immediate vicinity of the
property, if uncorrected, would pose a threat to the public health, safety and welfare if the project
were to proceed as contemplated in the site specific development plan
C. To the extent that the affected landowner receives compensation for all costs and losses as
a result of an eminent domain proceeding
D. Upon finding that the landowner, or his representative, intentionally supplied inaccurate
information or made material misrepresentations that made a difference in the plan approval by the
county
E. Upon the enactment of a State or Federal law or regulation that precludes development as
contemplated in the site specific development plan
F. At the end of the applicable vesting period with respect to buildings and uses for which no
valid building permit applications have been filed.
ARTICLE IV ENFORCEMENT AND PENALTIES
4.1 Enforcement Authority
This Ordinance shall be enforceable in accordance with provisions available in the General
Statutes of North Carolina Article 18, Chapter 160A-432.
4.2 Violation
It is unlawful and a violation of this Ordinance to establish, create, expand, alter, occupy or
maintain any use, land development activity, or structure, including, but not limited to any signs or
buildings, that violates or is inconsistent with any provision of this Ordinance or any order,
approval, or authorization issued pursuant to this Ordinance. Approvals and authorizations
include, but are not limited to Conditional Use Permits, Building Permits, Zoning Permits, variances,
development plans, site plans, sign plans and conditions of such permits, certificates, variances
and plans. It is also a violation to engage in any construction, land development activity, or use
without all approvals and authorizations required by this Ordinance. Each day of a violation is a
separate and distinct violation.
4.3 Complaints Regarding Violations
Any interested person who is a citizen or landowner of the Town of Holly Ridge may file a written
complaint alleging a violation of this ordinance. Such complaint shall state fully the cause and
basis thereof and shall be filed with the Zoning Administrator, or his/her authorized agent. An
investigation shall be made within ten (10) days. Actions as provided in these regulations shall be
taken. When a violation is discovered and is not remedied through informal means, written Notice
of the Violation shall be given to the violator. This notice shall be delivered by hand delivery or
certified mail to the violator’s last known address, or by conspicuously posting the notice at the
property in violation. The notice shall include the following:
A. A description of the violation and its location
B. The measures necessary to correct the violation
C. The possibility of civil penalties and judicial enforcement action if appropriate
D. Notice of right to appeal
E. The time period allowed, if any, to correct the violation, which time period may vary
depending on the nature of the violation. This notice is an administrative determination subject to
appeal as provided below.
4.4 Appeal to Board of Adjustment
A violator who has received a Notice of Violation may appeal the determination that a violation has
occurred to the Town Council by making a written request and paying the appropriate fee within
thirty (30) days of receipt of the Notice of Violation. The Council shall hear the appeal and may
affirm, or reverse, wholly or partly, or may modify the determination of the violation. If there is no
appeal, the determination of the Zoning Administrator shall be final.
4.5 Failure to Comply with Notice or Board of Adjustment Decision
Violators shall be subject to enforcement action if they fail to comply with final decisions of the
Zoning Administrator or Town Council. If the violator does not comply with a Notice of Violation,
which has not been appealed, or with a final decision of the Town Council, the violator shall be
subject to enforcement action.
4.6 Criminal Penalties
Any person, firm, or corporation violation any Section or provision of this Ordinance shall, upon
conviction, be guilty of a misdemeanor and shall be fined not more than two hundred dollars
($200.00) or imprisoned not more than thirty (30) days for each violation. Each day such violation
continues, shall be a separate and distinct offense.
4.7 Civil Penalties
A violator who fails to correct a violation in the time and manner specified shall be subject to a civil
penalty of one hundred dollars ($100.00) for each offense. For each day the violation is not
corrected, the violator will be subject to a new and separate offense with additional civil penalties.
Town of Holly Ridge may apply to the District Court, Civil Division or any other court of competent
jurisdiction for a mandatory or prohibitory injunction and Order of Abatement commanding the
violator to correct the unlawful condition. If the violator fails or refuses to comply with an injunction
or with an Order of Abatement within the time allowed by the court, the violator may be cited for
contempt and the Town may execute and Order of Abatement. The Town shall have a lien on the
property for all the costs associated with execution of an Order of Abatement.
4.8 Equitable Relief
The Town of Holly Ridge may apply to the District Court, Civil Division or other court of competent
jurisdiction for an appropriate equitable remedy. It shall not be a defense to the Town’s application
for equitable relief that there is an adequate remedy at law.
ARTICLE V CHANGES AND AMENDMENTS
5.1 Initiation of Amendments
The Holly Ridge Town Council may, on its own motion, upon recommendation of the Planning
Board, or upon petition by an interested person who is a citizen or landowner of Town of Holly
Ridge, may amend, modify or repeal the regulations or district boundaries established by this
Ordinance. A petition by an interested person shall be submitted to the Holly Ridge Planning
Department according to established plan submittal policies. The text or map of this ordinance
shall not be amended, supplanted, changed, modified or repealed until after an appropriate public
hearing has been held by the Town of Holly Ridge Town Council.
5.1-1 Petition
A petition for any change or amendment shall contain a description and/or statement of the
present and proposed zoning regulation or district boundary, and the names and addresses of the
owner or owners of the property involved as well as the names and addresses of all adjoining
landowners of the property requested to be zoned. Such petition and fees shall be submitted to
the Town of Holly Ridge Planning Department in accordance with the procedures established
herein.
5.1-2 Repetition for Amendment
With the exception of requests originating with the Town of Holly Ridge Planning Board and Town
Council, a petition for any rezoning of the same property or any petition for the same amendment
to the Zoning Ordinance text shall be permitted only once within any one year period. The Town of
Holly Ridge, by 4/5th affirmative vote of its total membership, may waive this restriction.
5.2 Action By the Planning Board
Every proposed text or map amendment shall be referred first to the Town of Holly Ridge Planning
Department then to the Planning Board for its recommendation and report. The Town Council
shall hold a public meeting to consider the request. The following policy guidelines shall be
followed by the Planning Board concerning zoning amendments and no proposed zoning
amendment will receive favorable recommendation unless:
A. The proposal will place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
B. There is convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of an individual
or small group.
C. There is convincing demonstration that all uses permitted under the proposed new district
classification are appropriate for the area included in the proposed change.
D. There is convincing demonstration that the character of the neighborhood will not be
materially or adversely affected by any use permitted in the proposed change.
E. The Planning Board shall render its decision on any properly filed application and transmit
its recommendation and report, including the reasons for its determinations, to the Holly Ridge
Town Council for approval or denial.
5.3 Public Hearing
Where appropriate or approved by law, a notice of public hearing shall be given once a week for
two (2) successive weeks in a newspaper of general circulation in the Town. Said notice shall be
published for the first time not less than ten (10) days nor more than twenty-five (25) days prior to
the date fixed for such public hearing. In computing such period, the day of publication is not to be
included but the day of the hearing shall be included. In addition, notice shall be mailed to all
adjoining property owners at least ten (10) days before the hearing date to consider a request to
rezone property. Notice shall also be provided by posting the Notice of Hearing subject property at
least ten (10)days before the hearing date.
5.4 Action by the Holly Ridge Town Council
The Town Council shall call a public hearing for the next available regular meeting date, allowing
time for advertising. Before taking such lawful action as it may deem advisable, the Town Council
shall consider the Planning Board’s recommendations on each proposed zoning amendment. If no
recommendation is received fro the Planning Board with sixty (60) days after the initial application,
the proposed amendment shall be deemed to have received a positive recommendation by the
Planning Board. The applicant, the Planning Board and the Zoning Administrator shall be given
written copies of the Town Council’s decision and the reasons thereof.
5.5 Withdrawal of the Application
Any application submitted in accordance with the provisions of this Article for the purpose of
amending the regulations or district boundaries established by this Ordinance, may be withdrawn
at any time. Any fees submitted as part of the Amendment process shall be forfeited.
ARTICLE VI PLANNING BOARD
6.1 Establishment
There shall be and is hereby created a Planning Board consisting of seven (7) members. The
Town Council shall appoint members of the Planning Board. Member of the Planning Board
serving upon the effective date of the Ordinance, shall serve the balance of the term to which he or
she was appointed. New members shall be appointed for a maximum of four (4) years, but may be
appointed for a lesser period in order to stagger terms as provided herein. The terms will be
staggered so that no more than fifty (50) percent of the members’ terms expire during any one
year. Five (5) members of the Planning Board shall be residents of the Town of Holly Ridge and
two (2) members from the ETJ.
6.2 Purpose
It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first be
presented in writing to the Zoning Administrator, or his authorized representative for initial decision.
Questions regarding interpretation or enforcement shall be presented to the Town Council only on
an appeal from the decision of the Zoning Administrator or his authorized agent. The Town Council
has the authority to grant zoning variances, conditional uses and such other issues as authorized
by law. Appeals from the Town Council shall be to the judicial courts as provided by law. It is
further intended that the duties of the Town Council shall not include the reviewing questions that
may arise before the Planning Board in connection with the enforcement of this Ordinance.
6.3 Officers
The Planning Board shall elect one of its members as Chairman, another as Vice-Chairman and
shall appoint a Secretary and such other subordinates as may be authorized or necessary.
6.4 Meetings
Meetings of the Planning Board shall be held at the call of the Chairman and at such other times as
the Board may determine. All meetings of the Town Council shall be open to the public following
appropriate public notice.
6.5 Administering Oaths
The Chairman, or in his/her absence, the acting Chairman, may administer oaths and compel the
attendance of witnesses.
6.6 Minutes of the Meetings
The Planning Board shall keep minutes of its proceedings, showing the vote of each member upon
every question, or if absent or failing to vote, indicating such fact, and keeping records of its
examinations and other official actions.
6.7 Voting
The concurring vote of 4/5ths of the members of the Town Council (not including alternates) and
Planning Board shall be necessary to reverse any order, requirement, decision, or determination of
any administrative official charged with enforcement of this Ordinance.
6.8 Duty of the Zoning Administrator Upon Notice of Appeal or Variance
Request
The Zoning Administrator shall forthwith transmit to the Planning Board and Town Council all the
papers constituting the record upon which the action appealed from was taken or regarding a
variance request.
6.9 Setting a Hearing Date
The Town Council shall fix a date for hearing of the appeal or variance request, to be held within
forty-five (45) days of the date of the Zoning Administrator’s final decision or the date a complete
application for variance was submitted, giving notice to the applicant by certified mail.
6.10 Public Notice of Hearing
Notice of a public hearing to decide a variance request shall be posted on the property for which
the variance is sought and be advertised in a local newspaper once, at least ten (10) days and not
more than twenty-five (25) days before the hearing. Notice of an appeal hearing shall be
advertised in a local newspaper once, at least ten (10) days and not more than twenty-five (25)
days before the hearing.
6.11 Notice of Decision to Appellant
The decision of the Town Council shall be made in writing and shall be delivered to the appellant
either by personal service or by certified mail, return receipt requested.
ARTICLE VI(A) POWERS AND DUTIES OF THE TOWN COUNCIL
6.12 Administrative Review
The Town Council shall hear and decide appeals where it is alleged there is an error in any order,
requirement, decision or determination made by the Zoning Administrator, or his authorized agent,
in the enforcement of this Ordinance.
6.13 Zoning Variances
Upon written appeal and following a public hearing, the Council may authorize variance(s) from the
terms of this Ordinance or the Subdivision Ordinance as will not be contrary to the public interest
or contrary to the plan. In cases where, due to special conditions, a literal enforcement of the
provisions of this Ordinance or the Subdivision Ordinance will result in undue hardship, a variance
may be appropriate in order that the spirit of these Ordinances and the Town of Holly Ridge Town
Council plans shall be observed and substantial justice is done.
A. A public hearing shall be held at which any interested party may appear in person or by
agent or by attorney.
B. The Board shall not grant a variance unless and until all of the following facts are found,
based on evidence presented at the public hearing:
1. There are special conditions and circumstances that exist which are peculiar to the
land, structure or building involved and which are not applicable to other lands, structures or
buildings in the same district.
2. The special conditions and circumstances are not the result of the actions of the
applicant.
3. Granting the variance requested will not confer upon the applicant any special
privileges that are denied to other property owners of the zoning district in which the property is
located.
4. A literal interpretation of the provisions of this Ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district.
5. The requested variance will be in harmony with the purpose and intent of this
Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the general
welfare;
6. No non-conforming use of neighboring lands, structures or buildings in the same
district and no permitted use in another district shall be considered grounds for the issuance of a
variance.
7. The requested variance is consistent with overall public safety and welfare, does not
create a nuisance or violate any standing law, and achieves substantial justice.
C. The Town Council shall further make a finding that the reasons set forth in the application
justifies the granting of the variance and that the variance is the minimum condition that will make
possible the reasonable use of the land, building or structure.
D. In granting any variance, the Board may prescribe appropriate conditions and safeguards
in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part
of the terms under which the variance is granted, shall be deemed a violation of this Ordinance,
shall expose the violator to appropriate penalties as provided by law and ordinance, and allow the
variance to be revoked by the Town Council.
E. Before making any finding in a specified case, the Council shall first determine that the
proposed variance will not impair an adequate supply of light and air to adjacent property, will not
materially increase the public danger of fire and safety, nor impair the public health, safety, morals
or general welfare.
F. Under no circumstances shall the Council grant a variance to allow a use not otherwise
permissible under the terms of this Ordinance in the district involved, or use any expressly or by
implication prohibited by the terms of this Ordinancein said district.
ARTICLE VII GENERAL PROVISIONS
7.1 Zoning Affects all Land and Every Building and Use
No building or land shall hereafter be used and no building or part thereof shall be erected, moved
or altered except in conformity with the regulations herein specified for the district in which it is
located.
7.2 Applicability to Incorporated and Extraterritorial Areas
The provisions of the Ordinance are not applicable in the incorporated areas of Onslow County,
Jacksonville, North Topsail Beach, Richlands, Surf City, Swansboro, or in the established
extraterritorial jurisdictions of these municipalities.
7.3 Street Access
No building shall be erected on a lot which does not abut a public street or private street, or have
access to a public street or private street, by a written or otherwise enforceable easement or
agreement, provided that in a business district or in a planned project in a residential district, a
building may be erected adjoining a parking area or other dedicated open space which has access
to a street used in common with other lots
7.4 Relationship of Building to Lot
Except in the case of a specially designed complex of institutional, residential, commercial, or
industrial buildings in an appropriate zoning district, every building hereafter erected, moved or
repaired or structurally altered shall be located on a lot and in case shall there be more than one
(1) principal building and one (1) customary accessory buildings on the lot, except in the case of a
specially designed complex of institutional, residential, commercial or industrial buildings in an
appropriate zoning district two (2) permitted uses may exist on a zoning lot (parcel) providing that
one (1) of the uses is a residential structure inhabited by the property owner or operator of the
other use.
7.5 Reduction of Lot and Yard Areas Prohibited
No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area
below the minimum requirements set forth herein, except for street widening or the construction of
public utilities and sidewalks. Yard or lots created after the effective date of this Ordinance shall
meet the minimum requirements established by this Ordinance.
ARTICLE VIII ESTABLISHMENT AND INTENT OF DISTRICT AND
BOUNDARIES
8.1 Zoning Districts Established
For purposes of this Ordinance, the Town of Holly Ridge is hereby divided into zoning districts with
designations as listed below:
OAR Open Area/Recreation District
R-20 Residential District
R-15 Residential District
R-15A Residential District
R-10 Residential District
R-10A Residential District
R-7.5 Residential District
R-7.5A Residential District
R-5A Residential District
C Commercial Business District
NB Neighborhood Business District
LI Light Industrial District
MFR Multiple Family Residential District
RA Rural Agriculture
8.2 District Boundaries Shown on Zoning Map
The boundaries of the districts are shown and made a part of the map accompanying this
Ordinance, entitled “Zoning Map of Town of Holly Ridge.” The Zoning Map and all notations,
references and amendments thereto, and other information shown thereon are hereby made part
of this Ordinance the same as if such information set forth on the map were fully described and set
out herein. The Zoning Map is posted at the Town Hall of Holly Ridge and is available for inspection
and review by the public.
8.3 Rules Governing Interpretation of District Boundaries
Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the
zoning map, the following rules shall apply:
A. Where such district boundaries are indicated as approximately following street or highway
lines, such lines shall be construed to be such boundaries.
B. Where district boundaries are so indicated that they approximately follow lot lines, such lot
lines shall be construed to be said boundaries
8.4 Intent of Zoning Districts
Listed below is the intent of each zoning district. Each district was formulated using goals and
recommendations of the Planning Board and Town Council. See the Table of Uses for permitted
conditional uses for each district.
8.5 OAR - Open Area/Recreation District
This district is established to protect wetlands and prevent development in areas of potential flood
hazard, where such development would be detrimental to both the natural and economic
environment of the community. It is also the purpose of this district to provide both passive and
active recreational opportunities to the public.
Minimum required lot area 20,000 square feet
Minimum required front yard setback 30 feet
(Must not differ more than 10 feet from the average of adjacent buildings)
Minimum required side yard 12 feet
(Provided, however, on corner lots the side yard adjacent to the street shall not be less than fifty
(50) percent of the front yard required on lots in rear of such corner lots)
Minimum required rear setback 30 feet
Building Height Limits 40 feet
Location of Accessory Buildings - No accessory building shall be erected in any required front or
side yard or within twenty (20) feet of any street line or within five (5) feet of any lot line not a
street line. An accessory building or use as defined in Section 2, shall be located at a distance of
not less than ten (10) feet from the principal building and five (5) feet from the rear yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
8.6 R-20 Residential District
The purpose of this district is to stabilize established and/or planned single-family residential
neighborhoods by providing a place for low density stick-built homes, modular homes and
recreational uses and light agricultural purposes.
Minimum requirement lot area 20,000 square feet
Minimum required front yard setback 35 feet
(Must not differ more than 10 feet from the average of adjacent buildings)
Minimum required side yard 12 feet
(Provided, however, on corner lots the side yard adjacent to the street shall not be less than fifty
(50) percent of the front yard required on lots in rear of such corner lots)
Minimum required rear setback 30 feet
Building Height Limits 40 feet
Location of Accessory Building - No accessory building shall be erected in any required front or
side yard or within twenty (20) feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10) feet from the principal building and five (5) feet from the year yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
8.7 R-15 Residential District
The purpose of this district is to stabilize established and planned single-family residential
neighborhoods by providing a place for low density and stick-built homes and modular homes uses
to be protected from undesirable future development and residential developments.
Minimum required lot area 15,000 square feet
Minimum required front yard setback 25 feet
(Must not differ more than ten (10) feet from the average of adjacent buildings)
Minimum required side yard 12 feet
(Provided, however, on corner lots the side yard adjacent to the street shall not be less than
fifty (50) percent of the front yard required on lots in rear of such corner lots)
Minimum required rear setback 25 feet
Building Height Limits 40 feet
Location of Accessory Building - No accessory building shall be erected in any required front or
side yard or within twenty (20) feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10) feet from the principal building and five (5) feet from the rear yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
8.8 R-15A Residential District
The purpose of this district is to stabilize established and planned single-family residential
neighborhoods by providing a place for low density stick-built homes, modular homes and
manufactured homes and to be protected from undesirable future development and residential
developments.
Minimum required lot area 15,000 square feet
Minimum required front yard setback 25 feet
(Must not differ more than ten (10) feet from the average of adjacent buildings)
Minimum required side yard 12 feet
(Provided, however, on corner lots the side yard adjacent to the street shall not be less than fifty
(50) percent of the front yard required on lots in rear of such corner lots)
Minimum required rear setback 25 feet
Building Height Limits 40 feet
Location of Accessory Buildings - No accessory building shall be erected in any required front or
side yard or within twenty (20) feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10) feet from the principal building and five (5) feet from the rear yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
8.9 R-10 Residential District
The purpose of this district is to stabilize established and planned single-family residential
neighborhoods by providing a place for high density stick-built and modular homes.
Minimum required lot area 10,000 square feet
Minimum required front yard setback 25 feet
(Must not differ more than ten (10) feet from the average of adjacent buildings)
Minimum required side yard 12 feet
(Provided, however, on corner lots the side yard adjacent to the street shall not be less than fifty
(50) percent of the front yard required on lots in rear of such corner lots)
Minimum required rear setback 25 feet
Building Height Limits 40 feet
Location of Accessory Building - No accessory building shall be erected in any required front or
side yard or within twenty (20)feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10)feet from the principal building and five (5) feet from the rear yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
8.10 R-10A Residential District
The purpose of this district is to stabilize established and planned single-family residential
neighborhoods by providing a place for medium density stick-built, modular and manufactured
homes.
Minimum required lot area 10,000 square feet
Minimum required front yard setback 25 feet
(Must not differ more than ten (10) feet from the average of adjacent building)
Minimum required side yard 12 feet
(Provided, however, on corner lots the side yard adjacent to the street shall not be less than fifty
(50) percent of the front yard required on lots in rear of such corner lots)
Minimum required rear setback 25 feet
Building Height Limits 40 feet
Location of Accessory Building - No accessory building shall be erected in any required front or
side yard within twenty (20) feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10) feet from the principal building and five (5) feet from the rear yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
8.11 R-7.5 Residential District
The purpose of this district is to stabilize established and planned single-family neighborhoods by
providing a place for medium density stick-built and modular homes.
Minimum required lot area 7,500 square feet
Minimum required front yard setback 25 feet
(Must not differ more than ten (10) feet from the average of adjacent buildings)
Minimum required side yard 12 feet
(Provided, however, on corner lots the side yard adjacent to the street shall not be less than fifty
(50) percent of the front yard required on lots in rear of such corner lots)
Minimum required rear setback 25 feet
Building Height Limits 40 feet
Location of Accessory Building - No accessory building shall be erected in any required front or
side yard or within twenty (20) feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10) feet from the principal building and five (5) feet from the rear yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
8.12 R-7.5A Residential District
The purpose of this district is to stabilize established and planned single-family neighborhoods by
providing a place for medium density stick-built, modular and manufactured homes.
Minimum required lot area 7500 square feet
Minimum required front yard setback 25 feet
(Must not differ more than ten (10) feet from the average of adjacent buildings)
Minimum required side yard 12 feet
(Provided, however, on corner lots the side yard adjacent on the street shall not be less than fifty
(50) percent of the front yard required on lots in rear of such corner lots)
Minimum required rear setback 25 feet
Building Height Limits 40 feet
Location of Accessory Buildings - No accessory building shall be erected in any required front or
side yard within twenty (20) feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10) feet from the principal building and five (5) feet from the rear yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
8.13 R-5A Residential District
The purpose of this district is to stabilize established and planned single-family neighborhoods by
providing a place for higher density stick-built, modular and manufactured homes
Minimum required lot area 5,000 square feet
Minimum required front yard setback 25 feet
(Must not differ more than ten (10) feet from the average of adjacent buildings)
Minimum required side yard 10 feet
(Provided, however, on corner lots the side yard adjacent to the street shall not be less fifty (50)
percent of the front yard required on lots in rear of such corner lots)
Minimum required rear setback 25 feet
Building Height Limits 40 feet
Location of Accessory Buildings - No accessory building shall be erected in any required front or
side yard or within twenty (20) feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10) feet from the principal building and five (5) feet from the rear yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
8.14 Commercial District
The purpose of this district is to accommodate the development of retail, service and related
businesses abutting major roadways throughout the town that cater to the traveling public.
Minimum required lot area 15,000 square feet
Minimum required front yard setback 0 feet
Minimum required side yard 0 feet
(Eight (8) feet mandatory if structure does not meet NC State Building Code, Section 716)
Where the rear of a lot abuts a residential district, there shall be fifteen (15) foot rear yard and
where a lot abuts upon the side of lot zoned residential, there shall be a side yard of not less than
ten (10) feet in width. In these cases, a buffer shall be required in addition to the required yards.
Building Height 40 feet
Off Street Loading and Unloading Space - No off street loading space is required in the C
Commercial District except for hotels, motels, guests houses and any residential uses.
Sidewalks - New construction development, governmental building, any public building used as a
business, or any change of use shall construct sidewalks along the property frontage.
A. Wherever possible, sidewalks shall provide continuous pedestrian network;
B. Sidewalks shall be shown on site plans for review by the town;
C. Sidewalks shall comply with the Americans with Disabilities Act and shall be a minimum of
four (4) feet in width;
D. Sidewalks shall be constructed of concrete and be a minimum of four (4) inches thick;
E. All sidewalks shall be constructed within the street right-of-way.
F. Sidewalks shall consist of a minimum of six (6) inches of concrete at driveway crossings or
shall be adequately reinforced otherwise.
8.15 NB Neighborhood Business
The purpose of this district is to accommodate retail, service and related businesses that cater to
the immediate community and residential districts. Neighborhood business districts in which traffic
and parking congestion can be reduced to a minimum in order to preserve residential values and
promote the general welfare of the surrounding residential district.
Minimum required lot area 4500 square feet
Minimum required front yard setback 20 feet
Minimum required side yard 10 feet
(Common walls shall be allowed)
Minimum required rear setback 10 feet
Building Height Limits 40 feet
Location of Accessory Buildings - No accessory building shall be erected in any required front or
side yard or within twenty (20) feet of any street line or within five (5) feet of any
lot line not a street line. An accessory building or use as defined in Section 2, shall be located at a
distance of not less than ten (10) feet from the principal building and five (5) feet from the rear
yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten (10) feet above the average center line grade of each street.
Sidewalks - New construction development, governmental building, any public building used as a
business, or any change of use shall construct sidewalks along the property frontage.
A. Wherever possible, sidewalks shall provide continuous pedestrian network;
B. Sidewalks shall be shown on site plans for review by the town;
C. Sidewalks shall comply with the Americans with Disabilities Act and shall be a minimum of four
(4) feet in width;
D. Sidewalks shall be constructed of concrete and be a minimum of four (4) inches thick;
E. All sidewalks shall be constructed within the street right-of-way.
F. Sidewalks shall consist of a minimum of six (6) inches of concrete at driveway crossings or
shall be adequately reinforced otherwise.
8.16 LI Light Industrial District
The purpose of this district is to provide locations for light industrial and/or manufacturing,
processing and assembly uses and to protect adjacent rural/residential areas from such land uses.
Minimum required lot area 4500 square feet
Minimum required front yard setback 20 feet
Minimum required side yard 10 feet
Minimum required rear setback 10 feet
Building Height Limits 40 feet
Whenever an industrial lot which abuts a residential district is developed, a buffer shall be erected
along the residential district line.
Location of Accessory Building - No accessory building shall be erected in any required front or
side yard or within twenty (20) feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10) feet from the principal building and five (5) feet from the rear yard line.
8.17 MFR Residential District
This district is established to provide for high density residential development such as townhouses,
condominiums, apartments, rest home and duplex or multi-family dwellings excluding manufactured
homes and travel trailers. Site Plan shall be submitted for all uses whether permitted or conditional.
Minimum required additional lot area for each dwelling unit above two (2) up to a maximum density
of ten (10) units per acre
Minimum required front yard setback 20 feet
Minimum required side yard 10 feet
(This distance required between principal buildings)
Minimum required rear yard 20 feet
Building Height Limits 40 feet
Location of Accessory Buildings - No accessory building shall be erected in any required front or
side yard or within twenty (20 feet of any street line or within five (5) feet of any lot line not a street
line. An accessory building or use as defined in Section 2, shall be located at a distance of not
less than ten (10) feet from the principal building and five (5) feet from the rear yard line.
Corner Visibility - On a corner lot, within the area formed by a triangle twenty-five (25) feet from the
intersection of right-of-way lines, there shall be no obstruction to vision between a height of two (2)
feet and a height of ten(10) feet above the average center line grade of each street.
8.18 Rural Agriculture
The purpose of this district is to maintain a rural development pattern where low and medium
density single-family, modular, on frame modular and manufactured homes are intermingled with
agricultural uses. This district is also designed to protect rural areas from the intrusion of non-
agriculture land uses that could create a nuisance, detract from the quality of life, and/or present a
danger to the natural environment.
Lot Size - 20,000 square feet and minimum width 60 square feet
Front Setback - 25 feet (from a right-of-way or easement)
Side Setback - 8 feet
Rear Setback - 15 feet
Accessory Building - Setback from property line - 5 feet
8.19 Alcohol Sales and Adult Entertainment
Sale of alcoholic beverages, adult magazines and pornographic material:
1. Sale of alcoholic beverages, adult magazines and pornographic material will be prohibited
within 660 feet of a church.
2. A business beside or across from a church that conducts business between the hours of 8:
30 am and 12:00 pm on Sundays will not operate in a manner that disrupts, disturbs or interferes
with services held during the above stated hours.
3. Adult entertainment is not allowed in the following zoning district: OAR, R-20, R-15, R-15A,
R-10, R-10A, R-7.5, R-7.5A, R-5A, MFR, LI, RA or NB. The Commercial Zoning district for adult
entertainment has to go Conditional Use and be reviewed by the Planning Board and approved by
the Town Council. If approved by the Town Council, the adult entertainment has to be 1000 feet
from any church, school, daycare or public park.
8.20 Overlay Districts
The county reserves the right to adopt overlay districts to achieve zoning purposes consistent with
this ordinance.
ARTICLE IX GROUP DEVELOPMENTS
9.1 Purpose
The purpose of promulgating standards for group developments is to promote orderly development
where two (2) or more structures or uses are to be constructed on a single parcel or group of
parcels. The Zoning Administrator must approve a plan before construction shall begin. Group
developments shall comply with this article, as well as any other applicable requirements with this
ordinance. The Zoning Administrator has authority to require group developments involving two (2)
or more parcels to be filed in accordance with the provisions of the Subdivision Ordinance.
9.2 Development Plan
A development plan shall be submitted with the application fees as set in the Planning and
Development Department plan and supplemental policies. The development plan must be scaled,
prepared and certified by a professional surveyor and/or professional engineer.
The plan shall include the following:
A. Location, arrangements and dimensions of parking spaces, width of aisles, width of bays
and parking angle;
B. Location and dimensions of the properties subject to the plan;
C. Location, arrangement and dimensions of loading and unloading areas;
D. Location and dimensions of ingress and egress points, all interior streets and all shared
driveways and parking lots;
E. General drainage systems;
F. Location and material of fences and walls;
G. Ground cover, topography, slopes, banks and ditches;
H. Location and general exterior dimensions of all buildings and accessory structures;
I. Location of all buffer and planting areas;
J. The plans for proposed sanitary sewers, storm sewers, wells or water distribution lines, to
include the location of any shared or outlying drain fields/wastewater systems;
K. Location of access and utility easements to be reserved and dedicated in support of any
adjoining properties that do not possess a public right of way to a public street;
L. Approval of Sedimentation and Erosion Control Plan and Storm Water Plan from NCDENR, if
applicable;
M. Plans for waste and refuse disposal equipment and method of disposal such as compactors
or dumpsters.
N. Delineation of areas to be constructed in phases and sequential order; and
O. Location of property reserved and dedicated to public use.
9.3 Plan Review
The Zoning Administrator may distribute plans to NCDOT, Code Enforcement, Utilities, Fire
Marshall, County Attorney and other agencies as deemed appropriate for their review and
comment.
ARTICLE X (A) MANUFACTORED HOMES
A manufactured home permitted in a zoned district shall be manufactured with ten (10) years from
the date the zoning permit is issued by the Zoning Administrator.
10.1 Under skirting for Manufactured Homes
Manufactured homes will require from the date of the Certificate of Occupancy is issued by the
building inspector, skirting for the manufactured home has to be in place ninety (90) days from the
date on the Certificate of Occupancy. The skirting has to be a material that is made by a
manufacturing company that makes underpinning materials for manufactured homes.
ARTICLE X MANUFACTURED HOME PARKS
All manufactured home parks shall comply with the requirements of the Town of Holly Ridge
Manufactured Home and Manufactured Home Park Ordinance, as amended.
ARTICLE XI MULTI-FAMILY DEVELOPMENT (INCLUDES APARTMENTS
CONDOMINIUMS, DUPLEXES AND TOWNHOUSES)
Minimum density requirements shall not exceed those permitted for the zoning districts:
R-10 5.75 units per acre
R-10A 5.75 units per acre
R-15 4.4 units per acre
R-15A 4.4units per acre
R-20 4.00 units per acre
MFR 10 units per acre
A minimum of fifteen (15) percent of the gross acreage shall be open space. Any group of
buildings forming a courtyard shall reserve at least twenty-five (25) percent of the perimeter of
such courtyard open for access by emergency vehicles. Buffers shall be installed meeting the
requirements of this ordinance. A plan for solid waste storage, collection and disposal shall comply
with the Solid Waste Ordinance. Upkeep and maintenance of the common open space, or any
shared or outlying drain fields/wastewater systems as shown on the approved development plan,
must be identified by one of the following methods for the purpose of upkeep and maintenance: by
leasing or conveying title to a corporation, homeowner’s association or other legal entity and if
units are rented, the property owner or management firm. Identification of access and utility
easements to be reserved and dedicated to allow future development of adjoining properties that
do not possess a public right of way to a public street. A copy of the maintenance agreement must
be submitted with the development plan.
ARTICLE XII SHOPPING CENTERS
Minimum lot size of two (2) acres. Building and accessory structures shall be located a minimum of
fifty (50) feet from any street right-of-way and thirty (30) feet from any side or rear property lines.
Buffers shall be installed meeting the requirements of this ordinance. A plan for solid waste
storage, collection and disposal shall comply with the Solid Waste Ordinance. The total ground
cover of all principal buildings and all necessary structures shall not exceed thirty (30) percent of
the total site. Ten (10) percent of all parking areas shall be comprised of landscaped areas
distributed throughout the parking area Engineered storm water plan. Identification of access and
utility easements to be reserved and dedicated to allow future development of adjoining properties
that do not possess a public right-of-way to a public street.
ARTICLE XIII MINI-WAREHOUSING
Buildings and accessory structures shall be located a minimum of fifty (50) feet from highways and
thoroughfares and thirty (30) feet from any other side or service roads. Buildings and accessory
structures shall be located no closer than twenty (20) feet from one another, providing adequate
access for loading, unloading, ingress and egress. The total ground cover of all principal buildings
and all accessory structures shall not exceed seventy (70) percent of the total site.
ARTICLE XIV FAMILY CHILD CARE HOMES
14.1 Intent and Purpose
The Town of Holly Ridge recognizes the desire and/or need for citizens to use their residence for
limited non-residential activities. However, the town believes that the need to protect the integrity
of residential areas is of paramount concern. It is important to allow, but to also regulate, non-
residential activities in the town residential districts. In essence, a “Family Child Care Home” is a
permitted activity in a residential area to an extent that no neighbors will be aware, by outward
appearance, of the activity. In practice, a “Family Child Care Home” gives the resident the legal
right to use his/her residence to provide in home care for up to eight (8) children at any given time.
14.2 Performance Criteria
A family childcare home shall meet the following minimum conditions:
1. The activity shall not be inconsistent with the use of the premises as a dwelling;
2. Family child care homes must be licensed by the North Carolina Division of Child
Development and must meet all applicable code requirements;
3. There shall be no exterior evidence from a public right-of-way of a family child care home
except a sign as permitted by part 14.3 below;
4. A family child care home may only be conducted within the primary structure except
required outdoor play area;
5. Required outdoor play areas shall be located in the rear yard. The outdoor play area will be
required to be fenced unless it is located in a high density housing area or is otherwise required by
the appropriate State of North Carolina regulatory agency;
6. Homes located in areas designed as high density housing areas will be required to have a
solid wood, vinyl or composite fence no less than six (6) feet tall surrounding the play area;
7. A family child care home shall not be permitted within two hundred (200) feet of another
family child care home unless separated by a public right-of-way. Spacing shall be measured from
the center of the parcel on which the family child care home is located. Spacing between homes
located in areas designed as high density housing areas will be extended to four hundred (400)
feet;
8. No family child care home shall result in garbage disposal exceeding standard residential
use.
14.3 Permitted Signs
An indirectly lighted name plate or professional sign not over two (2) square feet in area and
attached flat against the building shall be permitted in connection with an incidental family child
care home.
14.4 Inspections
Operators of licensed family child care homes within the corporate limits of Holly Ridge, including
the extra territorial jurisdiction, will be required to submit to an annual fire inspection, with the first
being conducted prior to licensing with the Division of Child Development. An inspector from Holly
Ridge Zoning, Fire, Planning or other governmental department shall have the right, at any time,
upon reasonable request, to enter and inspect the premises for safety and compliance purposes,
with the consent of the property owner.
14.5 Required Permits
Individuals wishing to operate a family child care home within the corporate limits of Holly Ridge,
including the extra territorial jurisdiction, must have an approved Home Occupation Permit prior to
becoming licensed with the Division of Child Development. Individuals must become licensed within
six (6) months of the date of the issuance of the Home Occupation Permit. If an individual fails to
become licensed within the six (6) month period, the Home Occupation permit will become void and
a new permit must be issued if the individual desires to open a family child care home in the future.
Additionally, family child care homes located within the corporate limits of Holly Ridge will be
required to secure a privilege license which is renewed annually.
ARTICLE XV OVERLAY DISTRICTS
15.1 Thoroughfare Overlay Districts
Thoroughfare overlay districts protect the rural character and natural environment of the area and
provide attractive and safe highway corridors and gateways to our communities. It is the goal of
these districts to enhance the attractiveness of the area to visitors and residents alike by enforcing
overlay uses for landscaping, buffers, driveways, signs and greater set backs. In all instances,
coordination with N.C. Department of Transportation will be encouraged and policies and
recommendations of NCDOT will be taken into consideration when administering this Article.
15.2 Thoroughfare Corridor Designation and Underlying Zoning
The Thoroughfare Overlay District is hereby established as a district which overlays the zoning in
every district along such said thoroughfare, highway, interstate or roadway in Holly Ridge
(excluding municipal boundaries and their extraterritorial jurisdictions).
15.3 Location and Interpretation of Districts
The Thoroughfare Overlay District shall be measured beginning from the edge of the public right-
of-way on both sides of the thoroughfare. The type of thoroughfare will determine the size of the
district:
Interstates 1000 feet
US and NC Highways 500 feet
Major and Minor Thoroughfares 250 feet
15.4 Uses Within Thoroughfare Overlay District
Reserved
ARTICLE XVI WIRELESS COMMUNICATION TOWERS
All wireless communication towers shall meet the requirements of the Town of Holly Ridge Zoning
Ordinance.
ARTICLE XVII ACCESSORY AND TEMPORARY USES
17.1 Temporary Uses Manufactured Homes
Temporary use of a manufactured home as a residence shall be permitted in any residential district
in cases where the permanent home has been destroyed through no fault of the owner. A
Temporary Occupancy Permit must be obtained from the Zoning Administrator before the use of
the manufactured home is initiated or at the same time as the building permit is applied for in the
case of construction of a new permanent home on the same lot. This Temporary Occupancy
Permit shall be valid for a specified period of time not to exceed six (6) months while reconstruction
or construction takes place and may be renewed once for an additional six (6) month period by the
Zoning Administrator. Applicable certifications from the Planning Department must be obtained for
new home construction at the same time a Temporary Occupancy Permit is granted.
17.2 Manufactured Home or Other Housing Type as a Secondary and/or Temporary
Dwelling Unit on a Single Residential Lot - Owner Occupied Exemption
In the R-7.5, R-10, R-15 (Residential District) a property owner may place up to two (2) modular or
stick built as additional dwellings on a single parcel. The property owner shall reside on the parcel
in question. The property shall have an overall density of one-half (½) acre (or the required
square footage per zoning district) per dwelling, or the density. Dwellings must comply with all
applicable requirements of the zoning districts listed above.
17.3 Family Cluster Exception
In the R-15A and R-10A District (Residential District) a property owner may have two (2)
manufactured homes, for occupancy by family members only and not for rent, on a single parcel.
The property shall have a density of 15,000 for R-15A and 10,000 for R-10A square feet per
dwelling. Dwellings must comply with all applicable requirements of the R-15A or
R-10A district.
17.4 Special Use for Hardship
In a zoning district where manufactured homes are permitted, an individual may petition the
Planning Board to place a manufactured home as a temporary second dwelling on a single parcel
that does not meet minimum lot size requirements. However, prior to issuance of a Conditional Use
for hardship, the Planning Board must recommend to renew the Conditional Use for hardship
annually. If for any reason the conditions of the hardship cease to exist, the special use shall
become null and void. Conditional Uses for Hardship are for temporary situations only and may be
renewed twice for a maximum of twelve (12) months for a total of twenty-four (24) months from the
date of the first renewal request. The Town Council will take the recommendations from the
Planning Board and hold a public hearing on the hardship case. A property owner, who wishes to
utilize the Owner Occupied or the Family Cluster Exemptions, must submit a written request to the
Town of Holly Ridge Planning and Zoning Department. If an individual fails to comply with the
above requirements of the Owner Occupied Exemption, Family Cluster Exemption or the
Conditional Use for Hardship, their permit shall be revoked immediately.
ARTICLE XVIII DIMENSIONAL REQUIREMENTS
18.1 Exemptions and Modifications
The dimensional requirements of this Ordinance shall be adhered to in all respects except that
under the specified conditions as outlined in this Ordinance the requirements may be waived or
modified as stated; and in addition, the dimensional requirements may be changed or modified by
the Town Council as provided for in this ordinance.
18.2 Front Yard Modifications in Residential Districts
Where fifty (50) percent or more of the lots in any block or within six hundred (600) feet on both
sides of the proposed structure, whichever is less, is composed of lots which have been developed
with buildings whose front yard are less than the minimum required front yard as specified in this
ordinance, referring to the Dimensional Requirements Table, the required front yard shall be the
average depth of front yards of the developed lots, or the minimum front yard as specified in this
ordinance, referring to the Dimensional Requirements Table, whichever is less. Provided further
that, if any lot lies between two (2) buildings, which are less than one hundred (100) feet apart, the
required front yard for such lot shall be no greater than the average front yard of the two adjoining
lots or twenty five (25) feet, whichever is more.
18.3 Other Yard Modifications
Where through lots occur, the required front yard shall be provided on both streets. Architectural
features such as open or enclosed fire escapes, steps, outside stairways, balconies and similar
features and uncovered porches may not project more than four (4) feet into any required yard
setback. Sills, cornices, eaves, gutters, buttresses, ornamental features and similar items may not
project into any required yard setback more than thirty (30) inches.
18.4 Height Limit Exceptions
Church steeples, chimneys, belfries, water tanks or towers, fire towers, flag poles, spires, wireless
and broadcasting towers, monuments, cupolas, domes, antennas (except satellite dish antennas)
and similar structures and necessary mechanical appurtenances may be erected to any height,
unless otherwise regulated.
18.5 Zero Lot Lines
Any planned development in any district may make use of the Zero Lot Concept, that is, no
minimum lot size or yard requirements, provided that the total area of the planned development
meets the minimum lot size in its district, and that the minimum yards and buffers, as required in its
district, are preserved around the entire perimeter of the planned development. Such a planned
development is a subdivision and must be approved as such through the requirements of the
Subdivision Regulations, as well as meeting the requirements of the Zoning Ordinance.
ARTICLE XIX NON-CONFORMING LOTS
19.1 Definition and Purpose
A “non-conforming use” is any use, building, structure or lot which lawfully existed prior to the
adoption of this Ordinance and which fails to comply with one or more of the applicable regulations
or standards established herein. A non-conforming use is also any use, building,
structure or lot which was lawfully created, constructed, etc., under this Ordinance but which was
subsequently rendered non-conforming due to circumstances that were not self-created. The basic
policy of this Ordinance is to allow the continuation of any non-conforming use and the normal
maintenance and repair thereof, but to classify any expanding, altering, changing, rebuilding or
resuming of a non-conforming use as a special use and to review it to determine whether it will
have substantial adverse impact upon adjoining properties, the neighborhood or the community. If,
at the discretion of the Board of Adjustment, a proposal to expand or improve a current non-
conforming use will have a substantial adverse impact, it will be denied. Conditions and safeguards
may be attached to a request to expand or improve a non-conforming permit to require that the
non-conforming use be brought into compliance with the regulations of this Ordinance or that any
potential hazards or problems be mitigated.
19.2 Bringing a Non-Conforming Use Into Compliance
The owner of a non-conforming use may bring it into compliance by securing any permit or
approval which would have been required in the first instance for the intended or resulting use,
building, structure or lot under this Ordinance or any other applicable local law. For example, if the
owner of a building wants to change its use from one which is not allowed under this Ordinance to
one which is allowed pursuant to a General Use Permit, he may secure a General Use Permit and
thus eliminate the non-conforming use. Likewise, approval may be secured under this jurisdiction’s
Subdivision Regulations to recombine two (2) lots which do not comply with the minimum area
regulations for building lots into one (1) lot which does satisfy minimum area regulations.
19.3 Conditional Use Permit Required For Any Proposed Alteration, Expansion, Change,
Rebuilding or Resumption Of A Non-Conforming Use
The altering, expanding, changing or rebuilding of a non-conforming use is only allowed pursuant
to a Conditional Use Permit issued by the Town Council under this article. The terms “altering,
expanding and changing” shall be strictly construed.
“Rebuilding” means the rebuilding, reconstruction or restoration of any non-conforming building or
structure which was damaged or partially destroyed by an exercise of power of eminent domain or
by fire, flood, wind, explosion or other calamity or act of God, if the cost of the rebuilding,
reconstruction or restoration will be fifty (50) percent or more of the replacement cost of such
building or structure as stated in Onslow County tax records at the time such damage or
destruction occurred. If the cost will be less than fifty (50) percent of the replacement cost, a
Special Use Permit must nevertheless be obtained from the Board of Adjustment under the
procedures of this article but the Board of Adjustment is only required to find that the nature and
degree of the non-conforming use will not be changed or increased from that which existed prior to
the damage or destruction. Adult Entertainment is not allowed to be rebuilt according to this
Ordinance.
“Resuming” means the reusing or reoccupying of a non-conforming building or structure which was
unused or unoccupied for a continuous period of one hundred and eighty (180) days or more, or
the resuming of a non-conforming use which was abandoned for a continuous period of one
hundred and eighty (180) days or more. If a non-conforming building or structure is reused or
reoccupied or an abandoned use is resumed within a lesser period of time, no special use permit is
required under this ordinance as long as the nature and degree of the non-conforming use will not
be changed or increased from that which existed before the non-conforming use became unused,
unoccupied or abandoned. Property may not return to the status of a non-conforming use once it
has been conformed to the district’s zoning requirements.
19.4 Standards For Granting A Permit For Any Proposed Alteration, Expansion, Change,
Rebuilding or Resumption Of A Non-Conforming Use
After taking evidence and testimony, the Town Council shall find whether the proposed alteration,
expansion, change or rebuilding of the non-conforming use will have a substantial adverse impact
upon adjacent properties, the neighborhood or the public. The Town Council may consider any
relevant factor, but no petition shall be granted unless it complies with the requirements of the
section entitled Conditional Use Requirements. If it finds that a petition will not have a substantial
adverse impact, the Town Council may grant a Conditional Use Permit and may impose reasonable
conditions and safeguards on the issuance of such permit. If the Town Council finds that a petition
will have a substantial adverse impact, it shall consider:
A. The possible detriment or benefit to the owner of the non-conforming use from refusing to
issue the permit, issuing it but requiring, either wholly or partially, that the non-conforming use be
brought into compliance, or issuing it as requested;
B. The possible detriment or benefit of the owners of adjacent or neighboring properties from
refusing to issue the permit, issuing it but requiring, either wholly or partially, that the non-
conforming use be brought into compliance, or issuing it as requested, and;
C. The possible detriment or benefit to the public from refusing to issue the permit, issuing it
but requiring, either wholly or partially, that the non-conforming use be brought into compliance, or
issuing it as requested and furthermore consideration of setting a precedent for other areas of the
county.
The Planning Board and Town Council may consider any other relevant factors. The Board of
Adjustment shall not approve a petition which fails to comply with the criteria in this section, unless
it finds that the detriment to the owner from denying the permit will be so great as to prohibit any
reasonable opportunity to recoup his investment in the non-conforming use while the benefit to
adjacent and neighboring owners and the public from denying the permit will be minimal. If the
Town Council grants a Special Use Permit, it may impose reasonable conditions and safeguards to
mitigate any potential hazards or problems or to bring the non-conforming use into compliance to
the extent necessary to protect the rights and interests of adjacent and neighboring owners and
the public.
19.5 Reservation Of Authority To Deal With Non-Conformities Under Other
Powers
Notwithstanding the policies and provisions of this Ordinance with respect to non-conformities, non-
conforming uses the Town Council expressly reserved its authority under its police and other
powers to initiate criminal and civil proceedings against unlawful uses, buildings, structures and
lots, including those which unlawfully existed prior to the adoption of this Ordinance, and to control
or abate noxious uses, to require the repair or demolition of unsafe buildings or structures, or to
control or eliminate unsafe or hazardous conditions through the exercise of any powers other than
the ones exercised under this Ordinance.
19.6 Exceptions and Modifications
The following exceptions and modifications may be allowed by the Zoning Administrator without the
issuance of a Conditional Use Permit by the Town Council.
19.7 Lots Not Meeting Minimum Lot Size Requirements
In any district in which single family dwellings are permitted, any lot of record which existed before
the enactment of this Ordinance, which has dimensions which are less than required by these
regulations, may be used as a building site for a single family dwelling providing all setback
dimensional requirements of that zoning district are met. If the lot does not meet the setback
dimensional requirements of that zoning district, a variance may be requested of the Zoning
Administrator.
19.8 Yard Requirements Modifications
Where a lot has width or depth less than that required in the district in which it is located, the
Zoning Administrator shall be authorized to reduce the yard and setback requirements for such lot
of record by not more than thirty (30) percent. Additional or other forms of lot modification may be
permitted with a variance granted by the Town Council.
ARTICLE XX CONDITIONAL USES
20.1 Objectives and Purpose
It is recognized that there are some land uses which are basically in keeping with the intent and
purpose of the various zoning districts created by this Ordinance, yet these uses may have a
significant impact on those districts. These impacts are best determined following careful review of
the specific proposal. In order to add flexibility to this Ordinance, certain uses are allowed by
means of controls exercised through the Conditional Use Permit process.
20.2 Procedures
Conditional Use Permits may be granted by the Town Council as permitted by G.S. 160-360 for all
conditional uses enumerated by Article 19, the Table of Uses. These uses may be established only
after approval by the Town Council. The owner or owners of all property included in the petition for
a Conditional Use Permit shall submit all required application information necessary to obtain
conditional use permit to the Town of Holly Ridge Planning Department. Applications shall include
a site plan presenting in adequate detail all information necessary to obtain a conditional use
permit and shall be accompanied by a fee according to the Planning Department Fee Schedule.
ARTICLE XXI ADDITIONAL NOTIFICATIONS REQUIRED
The Zoning Administrator shall set and advertise a date and time for a public hearing before the
Town Council for all Conditional Use Permit requests. Notice of such hearing shall be published in
a newspaper of general local circulation twice, not less than ten (10) days nor more than twenty-
five (25) days before the date set for the public hearing. At the public hearing all interested parties
shall be sworn and permitted to testify. Prior to the hearing, all property owners within a one
thousand (1000) foot radius of the property shall be mailed a notice of the hearing, via first class
mail. The person mailing notices shall certify that such notices have been mailed. In addition, the
property for which the special use is proposed shall be posted with the Notice of Hearing at least
one (1) week before the public hearing.
21.1 Town Council Actions
The Town Council shall consider the application and comments at the public hearing and may
grant or deny the Conditional Use Permit. If the Conditional Use Permit is granted, the Town
Council shall use as a guide the specific conditional uses outlined in this Article for each use
proposed. In addition, the Town Council shall find:
A. That the use will not materially endanger the public health or safety, if located according to
the plan submitted and approved;
B. That the use meets all required special uses and specifications;
C. That the use will not substantially injure the value of adjoining or abutting property; and
D. That the location and character of the use, if developed according to the plan as submitted
and approved, will be in harmony with the area in which it is to be located. In granting the
Conditional Use Permit, the Town Council may designate only those special uses, in addition to
those stated herein, which, in its opinion, assure that the use and it’s proposed location will be
harmonious with the area and with the spirit of this Ordinance and clearly in keeping with the public
welfare. All such additional conditions shall be entered in the minutes of the meeting at which the
Conditional Use Permit is granted, on the Conditional Use Permit itself, and on the approved plans
submitted therewith. All specific conditions shall run with the land and shall be binding on the
original applications for Conditional Use Permit, their heirs, successors and assigns.
21.2 Denial and Appeal
If the Town Council denies the Conditional Use Permit, it shall enter the reason for its action in the
minutes of the meeting at which the action is taken. No appeal may be taken from the action of the
Town Council in granting or denying a Conditional Use Permit except through the Onslow County
Superior Court within thirty (30) days of the decision.
21.3 Compliance With District Regulations
In addition to the conditions specifically imposed in this article and such further conditions as the
Town Council may deem reasonable and appropriate, special uses shall comply with all other
regulations for the zoning district in which they are located unless the provisions for the special use
provide to the contrary.
21.4 Failure To Comply With Plans/Notifications of Adjacent Property Owners
In the event of failure to comply with the plans approved by the Town Council, or with any other
conditions imposed upon the Conditional Use Permit, the permit shall there upon immediately
become void and of no effect. No building permits for further construction or Certificates of
Occupancy under this Conditional Use Permit shall be issued, and all completed structures shall be
regarded as non-conforming uses subject to the provisions of this Ordinance. In such cases,
owners of adjoining property shall be notified that the Conditional Use Permit is no longer in effect.
21.5 Modification of Plans
The Zoning Administrator may, upon consultation with affected departments, approve minor
revisions to previously approved site plans. Applications for revision of previously approved site
plans shall be referred to and reviewed by the Planning Board and Town Council in the following
circumstances:
A. if the applicant or Zoning Administrator determines that the revision(s) requested are major
or significant or
B. if the applicant desires to appeal a modification review decision made by the Zoning
Administrator
21.6 Site Plans in Support of Conditional Use - Site Plan Required
The site plan in support for an application for a Conditional Use shall be prepared by a licensed
land surveyor or engineer and shall be in sufficient detail to allow the Zoning Administrator to
reasonably understand the proposed development. The scale shall be 1 inch = 100 feet or greater
for zone lots three (3) acres or less in size or 1 inch = 200 feet for zone lots more than three (3)
acres in size.
A. Zoned lot with dimension
B. Adjoining deeded properties and their uses
C. Existing structures
D. Proposed structures with size and all required setbacks
E. Proposed use
F. Number of employees, if applicable
G. Hours of operation, if applicable
H. Off street parking, loading and unloading, access to existing streets
I. Easements and right-of-ways
J. All pertinent development requirements of this ordinance
K. Floodplains or statement not in flood plain
L. Name, location and dimension of any proposed streets, drainage facilities, parking area,
recreational areas, required yards, required turnarounds as applicable
M. Proposed phasing if applicable
N. In areas not served by public wastewater facilities, documentation showing that each lot
can reasonable support a septic system and repair area or, in the alternative, the location of any
shared outlying drain fields/wastewater systems.
O. Location of access and utility easements to be reserved and dedicated in support of any
adjoining properties that do not possess a public right of way to a public street
P. Any additional information required by the Zoning Administrator to assess the merits of the
application. After the site plan has been approved, the following information will be required to be
submitted along with the Building Permit application:
1. Form from ONWASA on water
2. Septic permit/sewer permit
3. Sign permit, if required
4. Driveway permit from NCDOT, if required
5. Letter from NCDENR if disturbing more than one (1) acre
ARTICLE XXII SPECIAL REQUIREMENTS
22.1 Objectives and Purpose
It is recognized that there are some land uses, which are basically in keeping with the intent, and
purpose of the various zoning districts created by this Ordinance, yet these uses may have a
significant impact on those districts. These impacts are best determined following careful review of
the specific proposal by the Zoning Administrator. In order to add flexibility to this Ordinance,
certain uses are allowed by means of controls exercised through the Special Requirement process.
22.2 Procedures
Applications involving special requirements uses shall include a site plan and be accompanied by a
fee according to the Planning Department fee schedule. The Zoning Administrator shall issue a
zoning permit once a site plan has been reviewed and found to comply with the requirements of
this ordinance.
22.3 Denial and Appeal
If the Zoning Administrator denies the zoning permit, he/she shall notify the applicant his/her denial
by personal services or certified mail, return receipt requested. The applicant may then appeal the
decision of the Zoning Administrator to the Town Council within thirty (30) days of notification of
decision.
22.4 Modification of Plans
Where plans are required to be submitted and approved as part of the application, the Zoning
Administrator may authorize modifications of the original plans.
22.5 Site Plan Required
This required site plan shall be in sufficient detail to allow the Zoning Administrator to reasonably
understand the proposed development. The scale shall be 1 in. = 100 ft or greater for zone lots
three (3) acres or less in size or 1 in. = 200 ft. for zone lots more than three (3) acres in size.
A. Zone lot with dimensions.
B. Adjoining properties, property owners and uses.
C. Existing structures.
D. Proposed structure(s) with size.
E. Proposed use.
F. Number of employees, if applicable.
G. Hours of operation, if applicable.
H. Off-street parking, loading and unloading, access to existing streets.
I. Easements and right-of-ways.
J. Floodplains or statement not in floodplain.
K. Wetlands and other areas of environmental concern or statement that none exist.
L. Name, location and dimension of any proposed streets, drainage facilities, parking areas,
required yards, required turnarounds as applicable.
M. Proposed phasing, if applicable.
N. In areas not served by public wastewater facilities, documentation showing that each lot can
reasonably support a septic system and repair area or, in the alternative, the location of any
shared outlying drain fields/wastewater systems.
O. Location of access and utility easements to be reserved and dedicated in support of any
adjoining properties that do not possess a public right of way to a public street.
P. Any additional information required by the Zoning Administrator to assess the merits of the
application.
After the site plan has been approved, the following information will be required to be submitted
along with the Building Permit application:
A. Form from ONWASA
B. Septic permit/sewer permit
C. Sign permit, if required
D. Driveway permit from NCDOT, if required
E. Letter from NCDENR if disturbing more than an acre
ARTICLE XXIII PARKING AND LOADING
23.1 Off Street Parking Required
At the time of the erection of any building, or at the time any principal building is enlarged or
increased in capacity by adding dwelling units, guestrooms, seats or floor area, or before
conversion from one type of use to another, permanent off-street parking space shall be provided
in the amount specified by this article. Such parking space may be provided in a parking garage or
property guarded open space together with adequate driveway and maneuvering space and
loading areas.
23.2 Certification of Minimum Parking Requirements
Each application for a Zoning Permit shall include information as to the location and dimensions of
off street parking and the means of ingress and egress to such space. This information shall be in
sufficient detail to enable the Zoning Administrator to determine whether the requirements of this
Article are met.
23.3 Combination of Required Parking Space
The required parking spaces for any number of separate uses may be combined in one (1) lot, but
the required space assigned to the one (1) use may not be assigned to another use, except that
one-half (½) of the parking spaces required for churches whose peak attendance will be at night
or on Sundays may be assigned to a use which will be closed at night and on Sundays.
23.4 Remote Parking Space
If the off street parking spaces required by this Ordinance cannot be reasonably provided on the
same lot on which the principal use is located, such space may be provided on any land within
reasonable distance of the main entrance to such principal use, provided such land is in the same
ownership as the principal use or an agreement with the owner may be provided and in the same
zoning district.
23.5 Requirements for Parking Lots
Where parking lots for more than five (5) cars are required, the plan shall comply with the following
provisions:
A. The lot may be used only for parking and not for any type of loading, sales, dead storage,
repair work, dismantling or servicing, but shall not preclude convention exhibits or parking of rental
vehicles.
B. All entrances, exits and drainage plans shall be approved and constructed before
occupancy.
C. A strip of land five (5) feet wide adjoining any street line, right of way or any lot zoned for
residential uses shall be reserved as open space, guarded with wheel bumpers, curb and or other,
and planted in grass and/or shrubs or trees, exclusive of driveways.
D. Only one (1) entrance and one (1) exit sign, no larger than two (2) square feet prescribing
parking regulations, may be erected at each entrance or exit.
E. Any lighting of parking areas shall be shielded so as to avoid casting light upon adjacent
properties and streets.
23.6 Vehicle Storage
Residential Districts - Only vehicles intended for personal use shall be parked or stored on any
property zoned for residential use. No storage of commercial inventory whatsoever shall be
permitted and no inoperative or unlicensed vehicles shall be permitted to be parked or stored,
except as permitted by this ordinance. Commercial trucks, buses or vans driven home by
employees shall be allowed. The intent of this section is to regulate those motor vehicles which are
visible from a public street.
Non-Residential Districts - Customer and employee parking is permitted along with the parking and
storing of governmental or commercial vehicles. Inoperative vehicles shall only be permitted to be
parked or stored while undergoing repairs at a commercial garage or automobile service station or
if stored in an approved junk or wrecking yard.
23.7 Minimum Off Street Parking Requirements
The number of off street spaces required by this Article shall be provided on the same lot with the
principal use. The required number of off-street parking spaces specified for each use shall be
considered as a minimum. These spaces shall be outside of the right-of-way in addition, a
developer shall evaluate the needs of his development to determine of such needs are greater
than the minimum specified by this Ordinance. Required handicapped spaces shall be in
accordance with all applicable North Carolina State Building Codes.
23.8 Land Uses Required Parking
Air, truck and rail freight terminals Two (2) parking spaces for each three(3)
employees plus one (1) space for each business or commercial vehicle in the operation.
Airports, railroad passenger stations One (1) parking space for each four (4) and bus
terminals seats waiting passengers, plus two (2) spaces for each three (3) employees plus one (1)
space for each vehicle used in the operation.
Auditoriums One (1) parking space for each four (4) seats in
the largest assembly room.
Banks and finance offices One (1) parking space for each two hundred (200)
square feet of gross floor space, plus one (1) space for each (2) employees.
Barber and beauty shops One (1) parking space for each service chair please
one(1) additional parking space for each employee.
Bed and breakfast operations One (1) parking space for each room to be rented
plus residential requirements.
Bowling alleys Two (2) parking spaces for each alley plus one (1)
space for each two hundred (200) square feet of gross floor.
Camp or care center One (1) parking space for each employee and one
parking space for each five (5) beds.
Cemeteries One (1) parking space for each
employee.
Churches One (1) parking space for each four (4) seats in the
largest assembly area.
Civic clubs, fraternal lodges or Centers One (1) parking space for each two community
centers two hundred (200) square feet of gross floor space.
Clinics (medical/dental) Five (5) parking spaces for each doctor plus one
(1) parking space for each employee.
Child care center and pre-schools One (1) parking space for each employee plus one
(1) parking space for every five (5) students.
Dwellings Two (2) parking spaces per single or duplex
dwelling unit, three (3) parking spaces per multi-family dwelling.
Fire stations One and one-half (1 ½) parking spaces per
employee or fireman on duty at one time.
Funeral homes One (1) parking space for each four (4) seats in the largest
assembly room.
Golf courses Four (4) spaces for each hole and one (1) space for
each employee.
Greenhouse and nursery operations One (1) parking space for each employee plus five
(5) parking spaces for each greenhouse.
Home occupations One (1) parking space per home occupation in
addition to residence requirements.
Hospitals and sanitariums One (1) parking space for each employee on the
longest shift plus one (1) parking space for each two (2) beds.
Hotels, motels or tourist homes One (1) parking space for each room to be rented
plus one (1) additional parking space for each two (2) employees plus additional parking spaces as
may be required for any commercial or business uses located in the same building.
Industrial and manufacturing uses One (1) parking space per two (2) employees.
Libraries One (1) parking space for each four (4) seats
provided for patron use.
Nursing, retirement and convalescent One (1) parking space for each five (5)homes beds
intended for patient use.
Offices One (1) parking space for each employee.
Private clubs and lounges One (1) parking space for each two (2) seats at the
bar and one (1) parking space for each four (4) seats at tables. Public building One (1) parking
space for each employee plus one (1) space for every two hundred (200) square feet.
Public utility buildings One (1) parking space for each employee.
Recreational facilities not otherwise listed One (1) parking space for each employee
(without facilities for spectators) plus one (1) parking space for every two (2)
participants at
full capacity
Recreational facilities not otherwise listed Same as recreational facilities without
(with facilities for spectators) spectators plus one (1) parking space for
every four (4) spectator seats.
Restaurants and cafeterias One (1) parking space for each four (4) seats at
tables and one (1) parking space for each two (2) seats at counters or bars plus one (1) parking
space for each two (2) employees.
Retail uses not otherwise listed One (1) parking space for each four hundred (400)
square feet of gross floor area.
Riding facility and stables One (1) parking space for each employee plus one
(1) parking space for every three (3) stalls or horses (whichever is more). Horse trailers are not to
be stored in required parking spaces.
Schools, elementary and junior high One (1) parking space for each classroom middle
and administrative office plus one parking space for each employee and one (1) large space for
each bus.
Schools, senior high One (1) parking space for each fifteen
(15) students for which the building was designed plus one (1) parking
space for each classroom and administrative office plus one (1) parking space for each employee
plus one (1) large space for each bus.
Schools, colleges, technical and trade One (1) parking space for every six (6) students,
based upon the maximum number of students attending classes at any one time plus (1) space for
each administrative office plus one (1) space for each professor or teacher.
Service stations Five (5) parking spaces for each service bay.
Services not otherwise listed One (1) space for every two hundred (200) square feet
of floor space.
Shopping centers Six (6) parking spaces for each one thousand (1000)
square feet of gross floor space in the center.
Stadiums and arenas One (1) parking space for each four (4) seats in the
stadium or arena.
Stores, department One (1) parking space for each two hundred (200)
square feet of gross floor area.
Stores, retail food One (1) parking space for each two hundred (200)
square feet of gross floor area.
Theaters, indoor One (1) parking space for each four (4) seats up to four
hundred (400) seats plus one (1) space for each six (6) seats above four hundred (400).
Wholesale uses One (1) parking space for each employee on the longest
shift.
23.9 Design Standards for Off Street Parking
All off street areas required by this Article shall conform with the following design standards:
A. All parking spaces shall have minimum dimensions of nine (9) feet in width and eighteen
(18) feet in length. All access or backup aisles shall conform to the following minimum dimensions:
Parking Angle Aisle Dimension
90 degrees 24 feet
60 degrees 18 feet
45 degrees 14 feet
30 degrees 12 feet
0 degrees 12 feet
B. The use of streets, sidewalks, alleys or other public rights-of-way for parking or
maneuvering to and from off street parking spaces is prohibited, except where such maneuvering
is necessary in the use of driveways for access to and from single family and two (2) family
dwellings.
C. Parking area edges shall be protected by suitable curbing, wheel guards or other means to
prevent vehicular encroachment on a public right of way or on adjacent property, and to protect
the public right of way and adjoining properties from the damaging effects from surface drainage
from parking lots.
D. Where parking or loading areas are provided adjacent to the public street, ingress and
egress shall be made only through driveways not exceeding twenty-five (25) feet in width at the
curb line of said street, except where the Zoning Administrator and NCDOT finds that a greater
width is necessary to accommodate the vehicles customarily using the driveway.
E. Businesses adjacent to, or integrated in, a shopping center or cluster of commercial uses
shall use the common access with other business establishments in the center.
F. No driveway shall be located closer than twenty-five (25) feet to any street intersection.
G. Any lighting of parking areas shall be shielded so as to case no direct light upon adjacent
properties and streets.
23.10 Off Street Loading Purpose and General Requirements
Off street loading requirements are established in order to ensure the proper and uniform
development of loading areas throughout the Town, to relieve traffic congestion in the streets and
to minimize any detrimental effects of off street loading areas on adjacent properties. Each
application for a zoning permit shall include plans and other information of sufficient detail to
enable the Zoning Administrator to determine whether or not the requirements of this Article have
been met. Plans for off street loading areas shall include information as to:
A. The location and dimensions of driveway entrances, access aisles and loading spaces.
B. The provisions for vehicular and pedestrian circulation.
C. The location of sidewalks and curbs.
The zoning permit for the construction or use of any building, structure or land where off street
loading space is required shall be withheld by the Zoning Administrator until the provisions of this
section have been met. If at any time such compliance ceases, any Certificate of Occupancy which
shall have been issued for the use of the property shall immediately become void and of no effect.
23.11 Design Standards for Off Street Loading Spaces
The off street loading spaces required by this article shall be provided for loading, and unloading
operations either inside or outside a building, on the same lot with the use served, and shall
conform to the following standards:
A. Each off street loading space shall have minimum dimensions of twelve (12) feet in width
and twenty-five (25) feet in length.
B. All off street loading spaces shall have a minimum vertical clearance of fourteen (14) feet.
C. Access aisles or apron spaces shall be of sufficient width to allow for proper backing and/or
turning movements.
D. Required off street loading areas including drives and access aisles shall be constructed
with a hard surface material (i.e. rock/asphalt).
E. Loading spaces and access ways shall be located in such a way that no truck service
vehicle using such areas shall block or interfere with the free, normal movement of other vehicles
on a service drive or on any off street parking area, public street, aisle or pedestrian way used for
general circulation. In addition, the off-street loading facilities shall be designed and constructed so
that all maneuvering of vehicles for loading and unloading purposes shall take place entirely within
the property lines of the premises.
F. Loading area edges shall be protected by suitable curbing to prevent encroachment on a
public right of way or on adjacent property, and to protect the public right of way and adjoining
properties from the damaging effects of surface drainage from off street loading areas.
G. Any off street loading areas and access ways adjacent to property used or zoned for
residential purposes, shall be provided with screening meeting the standards described in buffers
and screening.
23.12 Minimum Off Street Loading Requirements
Off street loading shall be provided and maintained as specified in the following:
A. Uses which normally handle large quantities of goods, including but not limited to industrial
plants, wholesale establishments, storage warehouses, freight terminals, hospitals or sanitariums
and retail sales establishments shall provide off street loading facilities in the following amounts:
Gross Floor Area Minimum Number of (Square Feet) Spaces Required
5,000 - 20,000 1
20,001 - 80,000 2
80,001 - 170,000 3
170,001 - 260,000 4
Add one space for each additional 1
45,000 over 260,000
B. Uses which do not handle large quantities of goods, including but not limited to office
buildings, restaurants, funeral homes, hotels, motels, apartment buildings, and places of public
assembly, shall provide off street loading facilities in the following amounts:
Gross Floor Area Minimum Number of (Square Feet) Spaces Required
5,000 - 80,000 1
80,001- 200,000 2
200,001 - 320,000 3
320,001 - 500,000 4
Add one space for each additional 1
180,000 over 500,000
ARTICLE XXIV BUFFERS AND SCREENING
24.1 Purpose of Buffers
Buffers or screens are required to protect one (1) authorized use from adverse impacts caused by
another authorized use, screen its functional aspects from the street and neighboring properties
and not absorb and/or deflect any excessive noise.
24.2 Buffers Required
In all districts, a uniform buffer or screen is required along the side and rear lot lines between
commercial and industrial uses and residential or rural agricultural districts or residential uses.
Buffers are also required between proposed manufactured home parks or apartments and single
family dwellings. Information shall be submitted to the Zoning Administrator showing details of the
proposed buffer as to the location and type of buffer.
24.3 Buffer Specifications
Unless specified elsewhere in this Ordinance, a buffer shall be one (1) of the following:
A. An eight (8) foot high opaque fence/wall installed no closer than three (3) feet from the
property line with evergreen plantings between the fence and property line; or
B. A buffer that is eight (8) feet wide shall include two (2) staggered rows of evergreen
plantings, to include six (6) trees, six (6) feet in height and twenty (20) shrubs per 100 feet; or
C. A twenty (20) foot wide natural wooded barrier; or
D. A combination of a barrier and plantings as approved by the Zoning Administrator
A buffer shall not be placed in the right of way or where it will interfere with a sight triangle. The
opaque fence or wall must dampen noise and shall not permit visibility from one side to the other.
It may be of decorative masonry, wood plank or basket weave construction. Where evergreens
(trees and shrubs) are used, a species as recommended by the County Agricultural Extension
Agency and size no less than three (3) gallon container size. The natural wooded barrier shall be
undisturbed, natural low bushes, shrubs or trees. The natural buffer must provide reasonable
screening in the estimation of the Zoning Administrator.
24.4 Construction and Maintenance
A buffer must be installed or constructed prior to the issuance of a Certificate of Occupancy. Once
erected, a buffer shall be properly maintained at all times. The construction and maintenance of a
buffer shall be the responsibility of the landowner, business owner or developer, except as
provided below in deferring requirements.
24.5 Deferring Requirements
The required planting may be deferred for up to five (5) months after the approval of the deferment
by the Zoning Administrator, upon the receipt of a buffering guarantee security payable to the
Town of Holly Ridge and meeting the following requirements:
A. The developer may deposit cash, cashier’s check, bond or an Irrevocable Letter of Credit,
either to the Town of Holly Ridge or in escrow with a financial institution designated as an official
depository of the Town of Holly Ridge.
B. The developer or property owner shall provide a landscaping plan and guaranteed cost
estimate (official bid) from a landscaping firm.
C. The amount shall equal one and one half (1 ½) times the entire cost of installing all
required landscaping, based on the average of three (3) landscapers’ bids.
D. Any guarantee of $9,999.99 or less must be in the form of a cashier’s check or similar bank
check payable to the Town of Holly Ridge and valid for a minimum period of six (6) months.
E. Any guarantee of $10,000.00 or more may be a cashier’s check, cash, bond or irrevocable
letter of credit.
F. In the case of a failure on the part of the property owner or developer to complete the
landscaping, the town may complete the work and the town may retain the actual cost and a
service charge of twenty five (25) percent of its total cost and return the balance to the property
owner or developer. This provision does not preclude the town from pursuing all other legal or
equitable remedies necessary to enforce the construction of appropriate buffers.
ARTICLE XXV SIGNS
25.1 Signs Permitted In All Zoning Districts
The following signs shall be permitted in all zoning districts. Such signs shall not require a sign
permit as long as they conform to the requirements stated below.
A. Official Government Signs such as traffic or similar regulatory or directional signs and legal
notices.
B. Identification Signs not to exceed two (2) square feet in display area bearing only addresses
or names of occupants of the premises and located on privately owned property.
C. Memorial Plaques such as cornerstones, historical tablets and similar devices.
D. Instructional Signs such as signs on private property, not to exceed the six (6) square feet
in display area, which provide direction, safety or convenience exits, freight entrances and similar
devices, warning danger, church/civic directional and no trespassing signs.
E. Flags or Emblems of civic, philanthropic, educational or religious organizations erected on
private property, provided that such flags or emblems shall not exceed sixteen (16)square feet in
size.
F. Temporary “For Sale,” “For Rent” and construction signs.
G. Signs pertinent to realty on the premises offered for sale or rent. A sign may be placed
along a waterfront, trail or golf course when such property abuts one of these. Signs giving
information pertaining to construction taking place on the lot upon which the sign is located, which
signs shall be removed within thirty (30) days of an issuance of a certificate of occupancy.
Temporary signs shall not be illuminated.
ARTICLE XXVI PERMITTED SIGNS REQUIRING A PERMIT
A. Church or public building bulletin boards and identification signs - These signs shall not
exceed thirty two (32) square feet in area. There shall be a limit of one (1) such sign for each
street front.
B. Signs advertising agricultural products - Not to exceed thirty two (32) square feet in area,
there shall be a limit of one (1) sign for each street front.
C. Signs identifying, by name only, residential subdivisions, planned housing developments,
or manufactured home parks - These shall not exceed thirty two (32) square feet in area. There
shall be a limit of one (1) double facing sign or two (2) single faced signs for each road or driveway
entrance to the development.
D. Signs advertising only the name, time and place of any bond fide fair, carnival, festival,
bazaar, horse show or similar event - No such sign shall be placed in a residential district, not
including RA, except on the site of the event to which it pertains and provided that all such signs
shall be removed within ten (10) days after the last day of the event.
E. Political signs shall be permitted when a $25.00 refundable deposit is posted at Town Hall.
Deposit is refundable provided signs are removed within ten (10) days after the election.
F. On premise building signs shall be permitted on the premises of the business in districts in
which the principal use is permitted either by right or as a conditional use.
ARTICLE XXVII ATTACHED SIGNS
Business signs shall not project more than one (1) foot from any building wall or canopy. If
suspended from a canopy, the sign must be at least eight (8) feet above the sidewalk, pavement or
ground level. Attached signs shall have a total display area in square feet per establishment no
greater than one (1) square foot for each linear foot of building front, but in no case greater than
three hundred (300) square feet. The building front and one (1) side may have an attached sign.
ARTICLE XXVIII FREESTANDING SIGNS
Freestanding business signs shall be set back one (1) foot from the right of way or property line.
Business establishments shall be permitted one (1) freestanding sign no greater than two hundred
(200) square feet in area. A shopping center consisting of three (3) or more businesses located in
a unified building or group of buildings may have one (1) freestanding sign not to exceed three
hundred (300) square feet in area per street front. No freestanding sign shall exceed thirty (30)
feet in height.
ARTICLE XXIX OUTDOOR ADVERTISING SIGNS (OFF PREMISE)
A. Design Regulations - Except for ordinary maintenance, poster panel replacements, copy
changes or repair not involving structural, material or electrical changes, no outdoor advertising
sign or part thereof shall be erected, altered, constructed, changed, converted, re-erected,
additionally illuminated, enlarged or moved unless the entire outdoor advertising sign and structure
are brought into compliance with this Article.
B. Plans, Specifications, Other Data Required - The application for a sign permit shall be
accompanied by complete information as required on application forms provided by the Planning
Department, including a site plan and elevation drawing of the proposed sign and other such data
as is pertinent to the application, including a statement of valuation and the name and address of
the person who owns the sign and the name and address of the person who owns the land on
which the sign is located. Where applicable, certification from the property owner to allow
placement of a sign is required.
C. Submittal of Plans - All plans for an off-premises outdoor advertising sign must be reviewed
by the Planning Department for approval before a permit may be issued. Two copies of the plans
must be submitted.
D. Height, Area and Setbacks
1. No outdoor advertising sign may exceed 64 square feet. Existing billboards have 10
years from the date of adoption of this article to come into compliance. Outdoor advertising signs
that are attached or that are located side by side are prohibited. Two sign structures facing in the
same direction shall not be allowed. Existing billboards have 10 years from the date of adoption of
this article to come into compliance.
2. No outdoor advertising sign or part thereof, including base, apron, supports,
supporting structures and trim, may exceed 40 feet in height. Rooftop outdoor advertising signs
are prohibited.
3. No part of any outdoor advertising sign shall be located closer than one (1) foot to any
public right of way or property line.
4. No part of any outdoor advertising sign shall be located less than one thousand
(1,000) feet from any part of another outdoor advertising except two (2) signs shall be allowed at
an intersection, one (1) along each corridor each located two hundred (200) feet from the
right of way of the other corridor and on the opposite side of the road or highway. When more than
two (2) corridors intersect, a corresponding number and placement of sign is allowed.
5. The backs of all outdoor signs shall be painted in a neutral color to blend with the
surrounding area and to prevent the reflection of car lights and sunlight.
6. No part of any advertising sign shall be located within five hundred (500) feet from any
park, school, church or navigable body of water. No part of any advertising sign shall be located
within two hundred fifty(250) feet from a residential structure as measured from the intersection of
a line drawn from the side of the structure to the road or street right of way on both sides of the
road or street right of way.
7. Effective September 8, 1992, no sign shall be placed on or affixed to trees without the
written permission of the property owner and no sign shall be placed on or affixed to utility poles.
Signs placed on or affixed to trees without the written permission of the property owner, or signs
placed on or affixed to utility poles prior to September 8, 1992 shall be required to be removed
within twelve (12) months.
E. Procedure for Obtaining Permit
1. Application for a sign permit, where required by this chapter, shall be made to the
Planning Department on a form approved by the Planning Department and shall include pertinent
data relating to the design, placement and location of the proposed sign. The Planning Department
shall issue a permit for signs that conform to this chapter.
2. A fee per sign shall be paid prior to the issuance of a sign permit as set by the Town
Council.
ARTICLE XXX PROHIBITED SIGNS
A. Any sign that obscures a sign displayed by a public authority for the purposes of giving
traffic instruction or direction or other public information
B. Any sign that uses the word “stop” or “danger” or otherwise presents or implies the need or
requirement of stopping or caution or the existence of danger, or which is a copy or imitation of or,
which for any reason, is likely to be confused with any sign displayed by a public authority.
C. Any sign that obstructs any door, fire escape, stairway, ladder or opening intended to
provide light, air, ingress or egress.
D. Any sign that is placed in the public right of way except for signs placed by a governmental
agency.
E. No sign of any kind may be affixed or attached to any utility or service pole.
ARTICLE XXXI SIGN MAINTENANCE
Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public,
the Zoning Administrator shall order that such a sign be made safe or be removed. A period of ten
(10) days following receipt of said order by the person, firm or corporation owning or using the sign
shall be allowed for compliance.
No sign shall have more than twenty (20) percent of its surface area covered with disfigured,
cracked, ripped or peeling paint or poster paper for a period of more than thirty (30) successive
days.
No sign shall be allowed to have weeds, trees, vines or other vegetation growing upon it or
obscuring its view from the street or highway from which it is to be viewed for a period of more than
thirty (30) successive days. Before any removal of said vegetation, a permit may be required from
NCDOT.
ARTICLE XXXII ILLUMINATION
All signs illuminated under the provisions of this section shall be constructed to meet the
requirements of the State Building Code. Signs which contain, include or are lighted by any
flashing, intermittent or moving lights are prohibited, except those giving public information such as
time, temperature and date. Illuminated signs shall be limited to those lighted internally with glass
or plastic faces bearing the advertisement, provided, however, that exposed neon tubing and
exposed incandescent or other bulbs not exceeding fifteen (15) watts each shall be permitted.
Display lighting shall be shielded so as to prevent direct rays of light from being cast into a
residential area or district and/or vehicles approaching a public right of way from any direction.
Flame as a source of light is prohibited.
ARTICLE XXXIII SETBACK REQUIREMENTS
Signs shall be set back at least one (1) foot from any public right of way or property line and no
part of any sign shall project over any right of way or property line. All signs shall be set back at
least fifty (50) feet from a road intersection (measured at the intersection of the right of way line)
except those erected for orderly traffic control and other governmental purposes, or directional
signs of less than six (6) square feet.
ARTICLE XXXIV NON-CONFORMING SIGNS
All non-conforming signs existing on the effective date of this ordinance may remain in place
subject to the following requirements:
A. No non-conforming sign shall have any changes made in the words or symbols used or the
message displayed on the sign unless the sign is specifically designed for periodic change of
message. However, this ordinance shall not prohibit the normal maintenance of signs to keep them
neat.
B. No non-conforming sign shall be structurally altered so as to change the shape, size, type
or design of the sign, nor shall any non-conforming sign be relocated unless said change or
relocation causes the sign to conform to the terms of this ordinance.
No non-conforming signs shall be allowed to remain after the activity, business or use to which it
was related has been discontinued. If a non-conforming sign is damaged in such a manner that
the estimated expense of repairs exceeds forty (40) percent of its replacement value, the sign shall
not be allowed to remain or be repaired and must be removed or brought into compliance.
34.1 Removal of Non-Conforming Signs
Under failure to comply with any of the above requirements, the Zoning Administrator shall cause
the removal of any non-conforming signs. The Zoning Administrator shall give the owner of the
non-conforming sign notice of the violation by first class mail. Notice to the owner or the occupant
of the premises on which the sign is located shall be sufficient. These notices shall contain a brief
statement of the particulars in which this article is violated and the manner in which such violation is
to be remedied and the right to request a meeting with the Zoning Administrator. In the absence of
appeal to the Town Council, after thirty (30) days ,the Town shall have the right to take appropriate
actions to remove the sign with no further recourse or just compensation and at the cost of the
owner.
ARTICLE XXXV FILING PROCEDURE
Applications for permits to erect, hang, place or alter the structure a sign shall be submitted on
forms obtainable from the Zoning Administrator. Each application shall be accompanied by a plan
showing the following:
A. Property on which the sign is to be located;
B. Size, character, general layout and design proposed for painted displays;
C. The method and type of illumination, if any;
D. The location proposed for such signs in relation to property lines and existing signs;
E. If conditions warrant, the Zoning Administrator may require such additional information as
will enable him to determine if such signs are to be in compliance with the regulations
Applicants shall pay any administrative fee established by the Town at the time of the application.
ARTICLE XXXVI DEFINITIONS
For the purpose of this ordinance, certain terms and words are defined as follows: words used in
the present tense include the future tense; words used in the singular number include the plural,
and words used in the plural number include the singular; the word “person” includes a firm,
association, organization, partnership, corporation, trust and company as well as an individual; the
word “lot” includes the word “plot” or “parcel”; the word “building” includes the word “structure”; the
word “shall” is always mandatory and not directory; the word “may” is permissive; the words “used”
or “occupied” as applied to any land or building, shall be construed to include the words
“intended,” “arranged,” or “designated to be used” or “occupied”; the words “residential property”
shall apply to land zoned for residential use and to other land occupied by residential structures.
The words “a map”, “a zoning map”, or “Town of Holly Ridge Zoning Map” shall mean the Zoning
Map of Holly Ridge, North Carolina; the words “article,” “Zoning Ordinance” or “Town of Holly Ridge
Zoning Ordinance” shall mean the Zoning Ordinance of Holly Ridge, North Carolina; the words
“Holly Ridge planning area” or “planning area” shall mean the area within which Holly Ridge
exercises zoning authority. All other words not defined below shall be defined by the North
American Industry Classification System (NAICS). If the word cannot be found in the NAICS, the
standard edition of the Webster’s Dictionary shall be used.
ACCESSORY APARTMENT - A secondary dwelling unit established in conjunction with and clearly
subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling
unit or a detached dwelling unit on the same lot.
ACCESSORY STRUCTURE - See Structure, Accessory.
ACCESSORY USE - See Use, Accessory.
ACCESS EASEMENT - The right of a dominant property owner to use the property of a owner for
egress and ingress. For purposes of this ordinance, all access easements shall include the right
to install utilities.
ADMINISTRATOR OF ZONING - The Administrator of the Town of Holly Ridge Planning Department.
ADULT USES - Any structure or use of land which meets the definition of adult business or sexually
oriented business as outlined in G.S. 14.202.10. For the purposes of this ordinance, lingerie
modeling, exotic dancing and private dancing shall be considered as and subject to the same
ordinances and regulations as those provided for adult uses.(Licensed health massage/body work
therapists shall not be considered an adult massage business).
AGRICULTURAL LAND - Any parcel of land which is used in the raising of agricultural, dairy or
forest products, livestock, poultry or fur bearing animals (see Bond Fide Farm).
AGRICULTURAL, CROP PRODUCTION - The use of land for the primary purpose of raising and
harvesting row, field or tree crops on a commercial basis on a bona fide farm. The growing and
sale of agricultural crops on the premises shall not constitute agricultural crop production (see
bona fide farm).
AGRICULTURAL, LIVESTOCK PRODUCTION - The use of land for the primary purpose of raising
animals or producing animal products, such as eggs or dairy products, on a commercial basis on a
bona fide farm, including grazing, ranching and dairy farming (see bona fide farm).
AIRPORT - Landing fields, aircraft parking or service facilities, passenger or baggage terminals, or
related facilities for operation, service, fueling, repair, storage, charter, sales or rental of aircraft,
operated by an airport authority or other corporation.
ALLEY - A vehicular way used for providing service access along rear or side property lines of lots.
AMORTIZATION - The process of providing for a time extinction of a use, which is not in
compliance with this ordinance.
AMUSEMENT PARK - A commercially operated enterprise that offers rides, games, and other forms
of entertainment. This does NOT relate to an Adult Establishment or Use.
ANIMAL HOSPITAL/VETERINARY CLINIC - Any facility used for the purpose of giving licensed
medical treatment to animals or pets and any other customarily incidental treatment of the animals,
such as grooming, boarding or selling of pet supplies.
AQUARIUM - An establishment where aquatic collections of living organisms are kept and exhibited.
APARTMENT - A room or suite of rooms which provides complete independent living facilities for
one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation in each separate unit.
APPEAL - An action requesting reversal or modification of an interpretation or decision made by
the Zoning Administrator in the application of these regulations.
ASPHALT PRODUCTS MANUFACTURING - A facility preparing asphalt and/or concrete mixtures
for street, parking lot and driveway paving.
AUCTION HOUSE - A structure or enclosure where goods are sold by auction.
AUTOMATIC TELLER MACHINE - A machine that provides banking or financial services.
AUTOMOBILE SALVAGE YARD - Any establishment which is maintained, used or operated for
storing, keeping, buying and/or selling two (2) or more wrecked, junked, scrapped, ruined,
dismantled or inoperable motor vehicles, regardless of the length of time which individual motor
vehicles are stored or kept at said establishment.
AUTOMOBILE, TRUCK AND MOTORCYCLE SALES - An establishment primarily engaged in the
retail sale of new and used automobiles, trucks, motorcycles, motor scooters, mopeds, all terrain
vehicles, snowmobiles, go carts, golf carts, utility trailers and similar items.
BASE FLOOD - A flood having a one (1) percent chance of being equaled or exceeded in any
given year (see Flood Damage Prevention Ordinance).
BASE FLOOD ELEVATION - The elevation of the reach of the one hundred year flood waters (see
Flood Damage Prevention Ordinance).
BED AND BREAKFAST - The owner-occupied or manager-occupied residential facility providing no
more than twelve (12) rooms for overnight lodging or lodging and meals.
BONA FIDE FARM - Crop lands, timber lands, pasture lands, apple orchards, idle or other farm
lands as well as any farm houses, barns, poultry houses and tenant houses for workers, as long as
such houses for workers shall be in the same ownership as the farm and located on the farm and
that is ten (10) acres or more (the above definition relates to zoning and should not be associated
with tax or other definitions).
BOARD OF ADJUSTMENT - Town Council of Holly Ridge.
BUFFERS - The portion of a yard where special plantings or fences may be required by the Zoning
Ordinance to separate and partially screen two (2) adjacent land uses that are ordinarily
incompatible. Buffers may include uniform walls, fences, hedges, landscaped areas, berms,
additional setbacks or, at the discretion of the Zoning Administrator, combinations of the above.
BUILDABLE AREA - The area of a zoning lot remaining after the minimum setback requirements of
this Ordinance have been satisfied.
BUILDING (SEE STRUCTURE) - Any structure having a roof supported by columns or walls and
intended for the shelter, housing or enclosure of any person, process, equipment or good.
BUILDING, PRINCIPAL - The building in which the principal use of the zoning lot is conducted.
BUILDING HEIGHT- The maximum height of a building permitted on a lot. Building height
is determined from the vertical distance as measured from the lowest adjacent grade to the
building to the highest point on the building.
BUILDING MATERIALS, SALE - An establishment engaged in selling lumber and a general line of
building materials and hardware to the public.
BUSINESS OFFICES - An establishment primarily engaged in providing: accounting, auditing and
bookkeeping services; pubic relations services; legal services; real estate services; the services of
insurance agents, brokers and carriers; the services of security and commodity brokers; and the
services of bank holding companies.
CAMPGROUNDS AND RECREATIONAL VEHICLE PARKS - A site intended and designed to
accommodate recreational vehicles or tent spaces as temporary living quarters for recreational or
vacation purposes.
CAMPSITES - Unimproved sites for tents only, no utility hookups are permitted.
CARPORT - A roofed structure enclosed on not more than two (2) sides and used for the parking
of motor vehicles (see Dimensional Requirements Table for setbacks).
CAR WASH - A facility where motor vehicles are washed, cleaned, and/or waxed by hand or with
manually operated equipment or automatic machinery.
CEMETARY- Land and facilities used for burial of the dead meeting the requirements of a
perpetual care cemetery under State law. Such a facility includes any burial ground, mausoleum,
or columbarium.
CERTIFICATE OF ZONING COMPLIANCE - A statement, signed by the Zoning Administrator,
stating that the plans for a building, structure, or use of land complies with the Zoning Ordinance of
the Town of Holly Ridge.
CHILD CARE CENTER - A day care facility in which day care is provided for thirteen (13) or more
children when any child is preschool age or sixteen (16) or more children when all children are
school age.
CHILD DAY CARE (SMALL HOME) - A day care operation in which day care is provided for up to
five (5) preschool age children, plus up to three (3) additional school age children (see home
occupation for requirements).
CHILDREN’S HOME - A facility engaged in the care of children who have been abandoned or given
up for adoption. Such home may include living quarters, dining areas, recreation areas, education
facility, etc. (see home occupation).
CHURCH - A facility of a religious organization operated for worship and which may include
religious training or study.
CLUB OR LODGE - A building or land used for the activities of a non-profit membership
organization for recreation or social purposes but not adjunct to, or operated in connection with, a
drinking establishment (bar, nightclub or tavern). This does NOT relate to an Adult Establishment
or Use.
CODE ENFORCEMENT DEPARTMENT - Holly Ridge Code Enforcement Department (Inspections
Department).
COLLEGE OR UNIVERSITY - An institution of higher education offering associate, undergraduate
and/or graduate degrees.
COMMON OPEN SPACE - Open space held in common ownership by property or unit owners in a
development, normally provided for in the declaration or restrictive covenants.
COMMUNITY CENTER, PUBLIC - An area or facility designed to meet the demand for active
recreation, including play fields, ball diamonds, parks with picnic and playground equipment, tennis
courts, swimming pools, tot lots and similar uses, available to the public and under the
management or control of a public agency.
COMMUNITY CENTER, PRIVATE - An area or facility established to serve as a recreation and/or
meeting area for the residents of a subdivision or development if the site is shown on the approved
subdivision or development plans.
CONDOMINIUM - A dwelling unit owned as a single family home within a multiple property together
with an undivided portion of ownership in areas and facilities held in common with other property
owners in the development. Condominiums may take a number of forms such as attached
townhouses, apartments, or other forms of residential structures. The common areas and
structures may include underlying land, parking areas, recreation facilities, swimming pools and in
the case of an apartment house, hallways, basements, heating units and elevators.
CONSTRUCTION, START OF - After issuance of a building permit by the Inspections Department,
the first placement of a structure, including a manufactured home, on a site for which a building
inspection is required. This shall include forming and bracing for concrete placement; the
subsequent installation and tying of steel reinforcements for footings, piles or columns (if required),
the pouring of slabs, or footings or excavation or the placement of a manufactured home on a
foundation.
CONTIGUOUS AREA - Any area which abuts directly on a subject property or is separated from the
subject property by a street or the right of way of a railroad or other utility or public service
corporation.
CONVENIENCE CENTER - A lot or parcel of land established by a local government for the
collection of recycling material and/or other solid waste.
CONVENIENCE STORE - Any retail establishment offering for sale gasoline, diesel fuel, kerosene,
automotive products, prepackaged food products, household items, and/or other goods commonly
associated with the same.
CORNER LOT - See Lot, Corner.
CORRECTIONAL FACILITY - A facility providing housing and care for individuals confined by law,
operated under the authority of local, State or Federal government.
CREAMATORIUM - A location containing a properly installed, certified apparatus intended for the
use in the act of cremation.
CROP PRODUCTION - See Agricultural Crop Production.
COUNTRY CLUB (PRIVATE) - A private club that required a paid membership that has an area
designed for golf, including a Par 3 golf course, having at least nine (9) holes, each with a tee,
fairway, green, and one (1) or more hazards. A clubhouse, pool and other facilities associated with
a country club built around a golf course are considered part of the golf course.
COUNTRY CLUB (PUBLIC) - An area open to the public, designed for golf, including a Par 3 golf
course, having at least nine (9) holes, each with a tee, fairway, green and one (1) or more
hazards. A clubhouse, pool and other facilities associated with a country club built around a golf
course and considered part of the golf course.
DENSITY - The ratio of dwelling units permitted on a zoning lot to the area of the zoning lot.
DWELLING, DUPLEX - A building containing two (2) dwelling units, each of which is totally
separated from the other by an un-pierced wall extending from ground to roof or an un-pierced
ceiling and floor extending from the exterior wall to exterior wall, except from a common stairwell
exterior to both dwelling units.
DWELLING, MODULAR- A dwelling unit constructed in accordance with the standards set forth in
the North Carolina State Building Code and composed of components substantially assembled in a
manufacturing plant, having a permanent foundation and inspected as a site built home.
DWELLING, MODULAR (ON FRAME) - See Manufactured Home.
DWELLING, MULTI FAMILY - A building constructed on site in compliance with the North Carolina
State Building Code and designed for three (3) or more dwelling units.
DWELLING, SINGLE FAMILY (SITE BUILT) - A residential building constructed completely on site
for occupancy by one (1) single family.
EASEMENT - A grant of one (1) or more of the property rights for a specific purpose by the
property owner to, or for the use by the public, a utility or other persons.
EMS DEPARTMENT - Onslow County Emergency Services Department.
ENGINEER - A person licensed to practice engineering in the State of North Carolina.
ENVIRONMENTAL HEALTH - Onslow County Environmental Health Department.
EROSION - The wearing away of land surface by the action of wind, water, gravity or any
combination thereof.
EROSION CONTROL ACT - The North Carolina Sedimentation Pollution Control Act of 1973 and all
rules and orders adopted pursuant to it and amendments (regulated by NCDENR).
EROSION, NATURAL - The wearing away of the earth’s surface by water, wind, or other natural
agents under natural environmental conditions on property undisturbed by man.
FAMILY - One (1) or more persons related by blood, adoption or marriage and their foster parents,
or children or step parents or step children, living together in a single dwelling unit; or a number of
persons eighteen (18) years or older, not exceeding four (4) and their children or step children
under eighteen (18) years of age, living together in a single dwelling unit, though not all related by
blood, adoption or marriage; and such domestic servants as are employed on the same premises.
A family may include five (5) or fewer foster children placed in a family foster home licensed by the
State of North Carolina. The term family shall not be construed to include any group of persons
living together as a fraternal, social, honorary or professional organization.
FAMILY CARE HOME - A housing facility with support and supervisory personnel licensed by the
State of North Carolina or operated by a non-profit corporation chartered pursuant to Chapter
SSA, North Carolina General Statutes, which provides room and board, personal care and
rehabilitation services in a supportive family environment for not more than six (6) residents,
exclusive of supervisory personnel, including but not limited to handicapped persons, older adults,
foster children, abused individuals, homeless persons and those recovering from drug or alcohol
abuse. This use shall include Family Care Homes as defined in North Carolina General Statute
168-21. This use shall not serve primarily as an alternative to incarceration and shall not include
individuals who are dangerous to others, as defined in North Carolina General Statute 122C3(11)
and shall not include persons living together as a fraternal, social, honorary or professional
organization.
FARM TENANT HOUSING - A dwelling unit occupied by the family of a person employed in
agriculture related activities on the premises.
FEDERAL AVIATION ADMINISTRATION - FAA.
FEDERAL COMMUNICATIONS COMMISSION - FCC.
FEDERAL TELECOMMUNICATIONS ACT OF 1996 - FTA.
FIRE MARSHALL - Onslow County Fire Marshall’s Office.
FIRING RANGE, INDOOR - An enclosed facility designed as business or commercial enterprise for
public use and used for the discharge of firearms at targets.
FIRING RANGE, OUTDOOR - An outdoor facility designed as a business or commercial enterprise
for public use and used for the discharge of firearms at targets.
FLASHING SIGH - Any sign which contains a light source and maintains the same appearance or
copy display for twenty-nine (29) seconds or less. Electronic message boards whose copy display
or message does not change more frequently than every thirty (30) seconds shall not be
considered flashing.
FLOOD BOUNDARY AND FLOODWAY MAP - An official map on which the Federal Emergency
Management Agency had delineated both the floodway and floodway fringe areas. Said maps also
contain cross sectional information relevant to both the floodway and floodway fringe areas with
data available in official reports supplied by the Federal Emergency Management Agency.
FLOOR AREA, GROSS - The total number of square feet on all floors of a building, as measured
from the outside faces of the building.
FOOD STORE - An establishment primary engaged in selling food for home preparation and
consumption, and other related items.
FRONT LOT LINE - See Lot Line, Front.
FRONT YARD - See Yard, Front.
FRONTAGE - The property abutting on one (1) side of a street measured along the street right of
way line.
FUNERAL HOME - An establishment engaged in undertaking services, such as preparing the
human dead for burial and in arranging funerals.
FURNITURE AND HOME FURNISHINGS STORE - An establishment primarily engaged in the retail
sale of new or used household furniture, floor coverings, draperies, curtains and upholstery
materials, and miscellaneous home furnishings, such as bedding and linens, lamps and shades,
mirrors, Venetian blinds and window shades.
GOLF DRIVING RANGE - An open air golf practice facility.
GRADING BUSINESS - A business that provides grading services and that does not store or
manufacture asphalt, concrete, sand or other similar materials on site.
GREENHOUSE, PRIVATE - A small facility where plants are grown for personal use, not for retail or
commercial sale.
GREENHOUSES AND NURSERIES, COMMERCIAL - An establishment primarily engaged in the
retail sale of trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers,
pesticides, garden tools and other garden supplies to the general public.
GREENWAY - A linear open space along a natural or constructed corridor which may be used for
pedestrian or bicycle passage. Greenways often link areas of activity, such as parks, schools or
historic sites with each other and with populated areas.
GROUND COVER - Any natural vegetative growth or other material which renders the soil surface
stable against accelerated erosion (EROSION CONTROL).
GROUP DEVELOPMENT - Development of multiple buildings and/or uses within single parcel or
parcels such as a manufactured home park, multi family development, shopping center, mini
warehouses or office complex.
HARDWARE STORE - An establishment primarily engaged in the retail sale of a number of basic
hardware lines, such as tools, paint and house wares, lumber and other related items.
HATCHERIES - An establishment where the eggs of fish or chicken are incubated and raised for
commercial purposes.
HAZARDOUS MATERIAL - Any substance listed as such in the Superfund Amendments and
Reauthorization Act (SARA) Section 302, Extremely Hazardous Substances; the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) Hazardous Substances; or
Section 311 of the Clean Water Act (CWA) (oil and hazardous substances).
HAZARDOUS SUBSTANCE - Any chemical defined as a physical hazard or a health hazard under
standards of North Carolina Administrative Code 7C.0101(a)(105). Physical hazards include, but
are not limited to, chemicals which are combustible, explosive, flammable and reactive. Health
hazards include, but are not limited to, chemicals which are carcinogens, toxins, corrosives and
irritants.
HOME OCCUPATION - A business, profession, occupation or trade for the economic gain or
support of a resident of the dwelling, and which is incidental and secondary to the residential use
of the lot.
HOSPITAL - A facility providing medical, psychiatric or surgical services for sick or injured persons,
including emergency treatment, diagnostic services, training, research, administration and other
related services.
HOTEL OR MOTEL - A building or group of buildings used principally to provide shelter, with or
without meals, for not fewer than four (4) paying guests.
JUNKYARD - Any open area which is maintained, operated or used for storing, keeping,
dismantling, disassembling, salvaging, buying or selling junk regardless of length of time that junk
is stored or kept and shall meet the requirements of the Onslow County Solid Waste Ordinance.
KENNEL - Any facility used for the purpose of boarding domesticated animals for hire. Kennels
may conduct other such incidental activities, such as the sale of animals, treatment of the animals,
grooming or cleaning, and the sale of pet supplies. Domesticated animals, for the purpose of this
ordinance, shall be defined as dogs, cats, and other generally accepted household pets.
LAKE OR NATURAL WATERCOURSE - Any stream, river, brook, swamp, sound, bay, creek, run,
branch, canal, waterway, estuary and any reservoir, lake or pond, natural or man made.
LAND DISTURBING ACTIVITY - Any use of the land by any person that results in a change in the
natural cover or topography that may cause or contribute to sedimentation. May require a permit
from NCDENR.
LANDFILL, CONSTRUCTION AND DEMOLITION - A landfill which accepts construction or
demolition debris or waste including solid waste from construction, remodeling, repair or demolition
operations on pavement, buildings or other structures. Such landfills shall meet criteria set by the
State of North Carolina.
LANDFILL, SANITARY - A facility for the disposal of all types of solid wastes, excluding hazardous
wastes or toxic substances. Such landfills shall meet criteria set by the State of North Carolina.
LANDOWNER - Any owner of real property, including the heirs, successors, assigns and personal
representative of each owner. The owner may allow a person holding a valid option to purchase,
to act as his agent or representative for purposes of submitting a proposed site specific
development plan in the manner allowed by this Ordinance.
LANDSCAPE ARCHITECT - A person licensed to use the title of landscape architect in the State of
North Carolina.
LIBRARY, PUBLIC - A public operated facility housing a collection of books, magazines, audio and
videotapes, or other material for use by the general public.
LIQUOR STORE - An establishment regulated by the Alcoholic Beverage Control Board selling
alcoholic beverages.
LIVESTOCK PRODUCTION - SEE AGRICULTURAL LIVESTOCK PRODUCTION.
LIVESTOCK SALES - A commercial establishment wherein livestock is collected for sale or
auctioning.
LOG HOME MANUFACTURING - A facility where all components of log homes are produced and
shipped to work sites.
LOT - A parcel of land, the boundaries of which are established by some legal instrument such as
a deed or a recorded plat (but not tax map) and which is recognized as a separate tract for
purposes of transfer of title. For purposes of this Ordinance, the word “lot” shall mean any number
of contiguous lots or portions of lots upon which one principal building and its accessory buildings
are located or are intended to be located.
LOT, ADJACENT - Any lot or parcel, which as a common boundary, right of way, or easement with
the subject lot.
LOT, CORNER - A lot abutting two (2) or more streets in their intersection.
LOT COVERAGE - That portion of the lot area, expressed as a percent, that is covered by
impervious surface.
LOT, DOUBLE FRONTAGE - A lot having frontage on two (2) or more streets. A corner lot shall
not be considered as having double frontage unless it has frontage on three (3) or more streets.
LOT, INTERIOR - A lot other than a corner or double frontage lot.
LOT FRONT - That side of a lot, which fronts on a street regardless of the orientation of the
house/building. In the case of a corner lot, the subdivide shall designate the front of the lot for
purposes of these regulations by labeling the front and side building lines as such on the final plat
or plot plan.
LOT LINE - A line or series of connected line segments bounding a lot.
LOT LINE, FRONT - The line which separates the lot from a street right of way or access
easement. Regardless of the orientation of the house, the front lot line is that along the right of
way or easement.
LOT LINE, REAR - That lot line which is opposite and more distant from the front lot line. In cases
where neither of these conditions is applicable, the Zoning Officer shall designate the rear lot line.
LOT LINE, SIDE - A lot line other than a front or rear lot line.
LOT, NON-CONFORMING - A lot which does not meet all the dimensional requirements of the
zoning district in which it is located, which exists by virtue of the fact that it lawfully existed on the
day before the effective date of the Zoning Ordinance or subsequent amendments, and which
continues to exist.
LOT OF RECORD - A lot which is a part of a subdivision plat which has been recorded in the office
of the Register of Deeds, or a lot which is described by metes and bounds, the description of which
has been so recorded, prior to the effective date of this Ordinance.
LOT WIDTH - The horizontal distance between the side lot lines at the building front setback line as
measured along a straight line parallel to the front lot line or parallel to the chord thereof.
MALL - SEE SHOPPING CENTER.
MANUFACTURED HOME - A dwelling unit that is composed of one (1) or more components, ease
of which was substantially assembled in a manufacturing plant after 1973 and designed to be
transported to the home site on its own chassis. For the purpose of this ordinance, an on frame
modular is included in this definition since tie downs are required (SEE MOBILE HOME).
MANUFACTURED HOME PARK - (MOBILE HOME PARK)- A track of land set up with two (2) or
more mobile or manufactured home spaces for lease or rent.
MANUFACTURED AND ON FRAME MODULAR HOMES AND RECREATIONAL VEHICLE SALES -
An establishment primarily engaged in the retail sale of new and used manufactured homes,
modular homes, recreational vehicles and similar items.
MANUFACTURED HOME SPACE - The land in a manufactured home park allotted to or designed
for the accommodation of one (1) manufactured home.
MEAT PACKING AND POULTRY PROCESSING PLANTS - An establishment primarily engaged in
the slaughtering of cattle, chickens, hogs, sheep, lambs and calves for meat to be sold or to be
used on the same premises in canning, cooking, curing and freezing and in making sausage, lard
and other products.
MEDICAL AND DENTAL CLINIC - An establishment primarily engaged in furnishing medical and
surgical services and licensed for such practice by the State.
MEDICAL OR DENTAL LABORATORIES - An establishment primarily engaged in providing
professional analytic or diagnostic services; or an establishment primarily engaged in making
dentures, artificial teeth or orthodontic appliances.
METAL FABRICATION PLANT - A large scale (greater than 3,001 square feet) facility which is
engaged in the shaping of metal and similar materials.
METAL FABRICATION SHOP - A small scale (3,000 square feet or less) facility which is engaged in
the shaping of metal and similar materials.
MINING, QUARRYING OR RESOURCE EXTRACTION - Any mining activity, as defined in State law,
including:
A. The breaking of the surface soil in order to facilitate or accomplish the extraction or removal
of minerals, ores or other solid matter.
B. Any activity or process constituting all or part of a process for the extraction or removal of
minerals, ores, soils and other solid matter from its original location.
C. The preparation, washing, cleaning or other treatment of minerals, ores, or other solid
matter so as to make them suitable for commercial and other uses.
Mining shall not include plants engaged in processing minerals produced elsewhere and whose
refuse does not affect more than one (1) acre of land. Mining shall not include excavation or
grading when conducted solely in aid of on site farming or of on site construction for purposes
other than mining. Removal of overburden and mining of limited amounts of any ores or mineral
solids shall not be considered mining when done only for the purpose and to the extent necessary
to determine the location, quantity or quality of any natural deposit, provided that no ores or
mineral solids removed during such exploratory excavation or mining are sold, processed for sale,
or consumed in the regular operation of a business and provided further that the affected land
resulting from any such exploratory excavation does not exceed one (1) acre in area.
MINI WAREHOUSE - Moving and/or storage services for household and business goods, including
self service storage facilities.
MOBILE HOME - Any manufactured structure built prior to 1976 (SEE LAST PAGE OF
DEFINITIONS).
MOBILE HOME PARKS - SEE MANUFACTURED HOME PARK.
MONUMENT SALES - An establishment where concrete or rock based monuments, such as yard
décor, tombstones, etc., are sold.
MOTOR VEHICLE - Every vehicle, which is self propelled, and every vehicle designed to run upon
the highways which is pulled by a self propelled vehicle. For purposes of this definition, the term
motor vehicle shall also include vehicles or implements used in farming or construction, but shall
not include golf carts, ATV’s and other similar recreational vehicles.
MOTOR VEHICLE BODY OR PAINT SHOP - An establishment primarily engaged in bodywork,
painting or customizing of automobiles or other motor vehicles.
MOTORCROSS TRACK - A facility designed as a business or commercial enterprise for public use
and used for the racing of two wheeled motor cycles, bikes, four wheel all terrain vehicles or similar
motorized vehicles.
MOTOR VEHICLE REPAIR - An establishment engaged in providing mechanical automotive
maintenance and repair. This use includes service stations but does not include body working or
painting.
MUSEUM OR ART GALLERY - A structure used for the display and preservation of paintings,
sculpture and other constructed or natural objects illustrating human or natural art and/or history.
This does NOT relate to an Adult Establishment or Use.
NCDENR - North Carolina Department of Environment and Natural Resources.
NCDOT - North Carolina Department of Transportation.
N.C.G.S. or G.S. - North Carolina General Statute.
NURSING, CONVELESCENT, ASSISTED LIVING FACILITY - A home for persons aged, ill or
handicapped in which two (2) or more persons, not of the immediate family of the owner or manage
of said home, are provided with food, shelter and nursing care.
OIL AND GASOLINE BULK STORAGE - The storage on a zoning lot of two thousand five hundred
(2,500) gallons or more of flammable liquid, or two thousand (2,000) gallons water capacity or
more of flammable gas, excluding storage tanks, above ground as defined herein below.
OPAQUE BARRIER - A vertical structure constructed of masonry, concrete, metal, wooden
material, or berm, which does not allow light to pass through.
OPEN SPACE - Any area, which is not divided into private or civic building lots, streets, rights of
way, parking or easements for purposes other than open space conservation.
OPEN SPACE, COMMON - Open space within a development not in individually owned lots, which
is designed and intended for the common use or enjoyment of the occupants of the development.
OPEN STORAGE FACILITY - Any area which contains trash collection areas or dumpsters, open
air docks, outdoor storage of bulk materials and/or parts, or areas regularly used for outdoor
repair areas or service stations, motor vehicle dealers, or inspection stations as the principle use,
but excluding temporary construction and related activities and closed bay docks.
OUTPARCEL SITE - A lot developed separately but linked functionally to a shopping center.
OVERLAY DISTRICT - A zoning district which overlays and combines with one (1) of the principal
zoning districts established by this Ordinance. In such case the property involved is subject to the
requirements of both districts.
PARKING, COMMERCIAL - A principal use of a zoning lot with or without a parking structure for use
as a place for the temporary or long term parking of motor vehicles.
PERSON - Any individual, partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility, cooperative, interstate body or
other legal entity.
PLANNED RESIDENTIAL DEVELOPMENT - A residentially zoned area, planned and developed as
a unit, which is characterized by environmentally sensitive design through the use of flexible
development standards.
PLANNING BOARD - The Holly Ridge Planning Board.
PLANNING STAFF - The Zoning Administrator or appointed authorized official(s) in the Holly Ridge
Planning Department.
PLANTING AREA - An outdoor area, the surface of which may not be covered by impervious
surface cover, such as asphalt, concrete or gravel, nor by structures, and must be devoted entirely
to the planting and maintenance of trees, shrubs and groundcovers or construction of fences, walls
and/or earth berms.
PLAT - A surveyed map or plan or a parcel of land which is to be or has been subdivided. A map
or plan of a parcel of land which is to be or which has been subdivided.
PLAT, FINAL - The final map of all or a portion of a subdivision or site, showing the boundaries and
location of lots, streets, easements and any other requirements of the Subdivision Regulations
which is presented for local government approval and subsequent recordation with the Register of
Deeds.
PLAT, PRELIMINARY - A map indicating the proposed layout of the subdivision or site showing lots,
streets, water, sewer, storm drainage and any other requirements of the Subdivision Regulations
which is presented for preliminary approval.
PORTABLE SIGN - SEE SIGN, PORTABLE.
POST OFFICE - A facility or structure used for the collection, sorting and distribution of mail and
having retail services for the general public.
PREMISES - A lot or parcel of real property where a business, profession, service, commodity,
product, accommodation, event, attraction or other enterprise or activity or use exists or is
conducted, manufactured, sold, offered, maintained or takes place.
PRINCIPAL BUILDING - SEE BUILDING, PRINCIPAL.
PRINCIPAL USE - SEE USE, PRINCIPAL.
PRIVATE RECREATION CLUBS - A private facility designed to meet the demand for active
recreation, including play fields, ball diamonds, parks with picnic and playground equipment, tennis
courts, swimming pools, tot lots and similar uses. This does NOT relate to an Adult Establishment
or Use.
PROVATE SEWER SYSTEM - A wastewater treatment facility established to serve all or a portion
of a residential or commercial development.
PROPERTY - Means all property subject to zoning regulations and restrictions and zone
boundaries within the zoning jurisdiction of the town.
PUBLIC - Under the control or responsibility of the elected body on behalf of the general
population, rather than individual or private control.
PUBLIC SEWER SYSTEM - An approved sewage disposal system, including municipal and sanitary
district sewerage systems as well as “package” plants constructed in a location and to
specifications approved by the Environmental Health Department and/or NCDENR.
PUBLIC UTILITY FACILITY - Facilities of any agency which, under public franchise or ownership,
provides the general public with electricity, gas, oil, water, sewage, electronic signals or rail
transportation. The term utility shall not be construed to include the following: corporate or
general offices; storage or service buildings or yards; gas or oil processing, manufacturing or
storage facilities; transmission towers; or postal facilities.
PUBLIC WATER SUPPLY SYSTEM - An approved water supply system, including municipal and
sanitary district water systems approved by the Environmental Health Department in consultation
with the NC Division of Health Services.
QUARRY - SEE MINING.
RADIO AND TELEVISION STUDIOS - An establishment primarily engaged in providing two-way
radio/telephone communication services, telephone voice and data communications, telegraph
services, radio and television broadcasting or cable and other pay television services, but
excluding those uses classified as utilities.
RECREATIONAL AREA, COMMON - An area which is required in certain types of developments for
active or passive recreational uses. This does NOT relate to Adult Establishment or Use.
RECREATIONAL VEHICLE - A vehicular type accommodation, other than a manufactured home,
designed as temporary accommodations for travel, vacation or recreation purposes, which is
propelled by its own motive power or is mounted on or drawn by another vehicle.
RECREATIONAL VEHICLE SPACE - A plot of land within a recreational vehicle park designed for
the accommodation of one (1) recreational vehicle, tent or other individual camping unit on a
temporary basis.
RECYCLING COLLECTION CENTER - An incidental use that serves as a community drop off point
for temporary storage of recoverable resources. No processing of such items is allowed. This
facility would generally be located in a shopping center parking lot or in other public or institutional
areas, such as churches and schools.
RECYCLING FACILITY - A facility at which recoverable resources such as wood, rock, cement,
landscape material and other beneficial fill materials are recycled and treated to be reused as fill or
landscape material. Sheetrock and other material listed in the Recycling Plant definition are not
included. This is not a C&D or LCID Landfill.
RECYCLING PLANT - A facility at which recoverable resources, such as newspapers, magazines,
books and other paper products; glass; metal and aluminum cans; waste oil; iron and steel scrap;
rubber; and/or other products are recycled and treated to return such products to a condition in
which they may again be used for production.
REFINERIES - A facility which produces petroleum based products.
REHABILITATION FACTILITY - A facility engaged in the treatment of substance abuse patients and
or to restore (a handicapped person, for example) to useful life through education and therapy.
RENTAL OF VEHICLES - An establishment primarily engaged in furnishing motor vehicle rental,
leasing and parking services to the public.
RESEARCH ACTIVITIES - An establishment primarily engaged in commercial research and
providing testing services such as calibration and certification of instruments, food testing services,
forensic laboratories, metallurgical testing and industrial X-ray inspection services.
RESIDENTIAL - Referring to permanent dwellings as defined herein.
RESTAURANT (WALK IN, DRIVE THRU SERVICE) - An establishment which delivers prepared food
and/or beverages to customers in motor vehicles, regardless of whether or not it also serves
prepared food and/or beverages to customers who are not in motor vehicles, for consumption
either on or off the premises.
RESTAURANT (WALK IN) - An establishment which serves food and beverages primarily to
customers seated at tables or counters located within the building or designated outdoor seating
areas. This includes cafes, tearooms and outdoor cafes and has no drive through service.
RETAIL STORE - An establishment primarily engaged in selling merchandise for personal or
household consumption not classified elsewhere.
SANITARIUM AND MENTAL INSTITUTIONS - A health station, retreat or an institution for the
recuperation and treatment of persons suffering from physical or mental disorders.
SCHOOL, ELEMENTARY, MIDDLE, HIGH - A structure used primarily by and for any age or grade
levels and operated by the public school system or approved by the North Carolina Department of
Public Instruction as meeting the requirements of State law.
SCHOOL, PRIVATE - Any building or group of buildings the use of which meets state requirements
for elementary, secondary or higher education and which use does not secure the major part of its
funding from any governmental agency.
SCREENING - The method by which sound or the view from one site to an adjacent site is shielded
or hidden. Screening techniques include buffers, berms, opaque fences or walls, and certain
vegetative screens.
SEDIMENTATION - Solid particulate matter, both mineral and organic, that has been or is being
transported off the site of the land disturbing activity or into a lake or natural watercourse.
SEDIMENTATION AND EROSION CONTROL PLAN - Plan that shows the measures, structures or
devices which control the soil material within the land area under responsible control of the person
conducting the land disturbing activity (REGULATED BY NCDENR).
SEPTIC SERVICES - A service provider who collects and disposes of solid and liquid wastes from
private sewage disposal systems.
SERVICES, BUSINESS -
A. An establishment primarily engaged in providing a service(s) to businesses and to a lesser
extent, individuals. All merchandise and rental equipment is stored inside enclosed building. This
does NOT relate to an Adult Establishment or Use.
B. An establishment primarily engaged in providing services to commercial and business
establishments. Operations may include large scale facilities and storage of merchandise and
equipment outside enclosed buildings. This does NOT relate to an Adult Establishment or Use.
SERVICES, HEALTH - Kidney dialysis centers, blood banks, birth control clinics, drug treatment
centers and similar uses.
SETBACK LINES - The lines on the front, rear and sides of a lot which delineates the area within
which a structure may be built and maintained according to the district regulations. The front
setback shall be measured from the right of way from the road facing the front of the structure.
SHOPPING CENTER - A building or group of buildings either connected or freestanding, which is
designed with common parking, pedestrian movement, ingress and egress, and used for the sale
of merchandise or services to the public.
SIGN AREA - The sign area shall be the sum of each smallest possible square foot area that can
be enclosed around each sign face within either or fewer lines that join each other at right angles.
Two sided freestanding signs shall be computed on the basis of one (1) face only provided that the
opposite face is identical. The sign area of three (3) dimensional or multi-sided signs shall not
exceed the maximum sign area as would be permitted for a two-sided freestanding sign.
SIGN FACE - The part of the sign that is or can be used to identify, advertise or communicate
information. The frames or structural members may be considered a part of the sign face if it is so
designed with lighting or other ornamentation, which is incorporated in the sign design.
SIGN, PORTABLE - A sign which, by design, can be moved easily and is not on a permanent
foundation. These signs shall be considered a freestanding sign for the purposes of this
ordinance.
SIDE YARD - SEE YARD, SIDE.
SITE SPECIFIC DEVELOPMENT PLAN (FOR VESTED RIGHT) - A plan which has been submitted
to the county by a landowner describing with reasonable certainty the type and intensity of use for
a specific parcel or parcels of property. The contents of a site specific development plan that is
submitted in the interest of obtaining a vested right shall meet the requirements of this ordinance.
SITE PLAN - A plan which has been submitted to the county by a landowner describing with
reasonable certainty the type and intensity of use for a specific parcel or parcels of property.
SPECIAL USE PERMIT - A permit issued by the Board of Adjustment that authorizes the recipient to
make use of property in accordance with the requirements of the zoning ordinance or as well as
any additional requirements imposed by the Board of Adjustment.
STABLES (PRIVATE) - A facility intended to house, board, handle, train or otherwise keep or care
for horses belonging to the owner.
STABLES (PUBLIC) - A facility intended to house, board, handle, train or otherwise keep or care
for horses belonging to the owner or occupant of the property, customers, patrons and/or others.
STICK BUILT - A single family or multi-family dwelling constructed on site in accordance to the
North Carolina State Building Code.
STREAM BUFFER - A natural or vegetated area through which storm water runoff flows in a diffuse
manner and which provides for infiltration of runoff and filtering of pollutants. The buffer is
measured landward from the top of the bank defining the edge of the stream channel.
STREAM, PERENNIAL - A watercourse that flows year round, including rivers, streams, lakes and
ponds, indicated as a solid blue line on the most recent version of USGS 7.5 minute (1:24,000
scale) topographic maps.
STREET - A public right of way or private easement which affords traffic circulation and a means of
access to abutting property. The term street includes road, avenue, place, way, drive, lane,
boulevard, highway and any facility principally designed for motor vehicle traffic, except an alley or
an easement solely for utilities, private access or pedestrians.
STREET, PRIVATE - Street, road, or right of way, which affects access to abutting properties,
requires a subdivision streets (roads) disclosure statement in accordance with G.S. 136-102.6 and
is not dedicated to or maintained by the public.
STREET RIGHT OF WAY - Street right of way shall mean any right of way set aside for public
travel.
STRIP MALL - Group of buildings connected which is designed with common parking, pedestrian
movement, ingress and egress and used for sale of merchandise or services to the public.
STRUCTURE - Anything constructed or erected which is above grade including a manufactured
home and a storage trailer. For purposes of this Ordinance, structure does not include landscape
features such as ornamental pools, planting boxes, sculpture, birdbaths, open terraces, at grade
bridges and walkways, at grade slab patios, driveways, recreational equipment, flagpoles,
underground fallout shelters, air conditioning compressors, pump houses, wells, mailboxes,
outdoor fireplaces, burial vaults, cemetery markers or monuments, bus shelters and parking lots.
STRUCTURE, ACCESSORY - A structure detached from a principal building on the same zoning
lot, the use of which is customarily incidental to the principal building. This includes freestanding
satellite dishes, any other devices which access satellites and amateur radio antennae. Items
excluded include doghouses, fences and other minor personal property.
SUBDIVISION - Refer to the Holly Ridge Subdivision Ordinance, as amended, for definition of
“subdivision.”
SUPERMARKET - Food markets or combination food markets and department stores with more
than 3,000 square feet of floor area.
SURVEYOR - A person licensed to practice surveying in the State of North Carolina.
SWIMMING POOL, PRIVATE - A swimming pool intended for the private, non-commercial use by a
property owner(s), homeowner’s association, residential development or club.
SWINE FARM - Any tract or contiguous tract of land in Onslow County devoted to raising animals of
the porcine species, served by animal waste management systems having a design capacity of
600,000 steady state live weight (SSLW) or greater regardless of the actual number of swine on
the farm.
TELEPHONE CALL CENTERS - An establishment primarily engaged in answering telephone calls
and relaying messages to clients and/or in providing telemarketing services on a contract or fee
basis for others, such as promoting clients’ products or services by telephone, taking orders for
clients by telephone and soliciting contributions or providing information for clients by telephone.
THOROUGHFARE - Any street or street extension designed on an official transportation plan.
TOWNHOUSE - A one (1) family dwelling unit, with a private entrance, which is part of a structure
whose dwelling units are attached horizontally in a linear arrangement and having an exposed front
and rear wall to be used for access, light and ventilation.
TRAILER, TRAVEL - SEE RECREATIONAL VEHICLE.
TRUCK/FREIGHT TERMINAL - Any facility for handling and/or transporting freight, with or without
storage and maintenance facilities.
USE - The purpose or activity for which land or structures are designed, arranged or intended or
for which land or structures are occupied or maintained, including any such activity with respect to
the requirements of this Ordinance.
USE, ACCESSORY - A use or activity which is customarily incidental to a specific principal use and
which is located on the same zoning lot as the associated principal use.
USE, NON-CONFORMING - Any use not permitted in the zoning district in which it is located, which
lawfully exists by virtue of the fact that it lawfully existed or lawfully existed as of the effective date of
the Zoning Ordinance or subsequent amendments, and which has not been discontinued under
the provisions of the Zoning Ordinance.
USE, PRINCIPAL - Those uses of land listed in Table of Uses in the Zoning Ordinance.
USE, TEMPORARY - A use which may be located in a zoning district not allowing the use on a
permanent basis, after issuance of a permit specifying a limited duration for the use.
USGS - United Stated Geological Survey.
VARIANCE - An action requesting consideration for relief from the strict enforcement of the
standards of the ordinance where special circumstances or unusual considerations may exist on
the parcel of land.
VESTED RIGHT - A right pursuant to General Statute 153A-344(b) to undertake and complete the
development and use of property under the terms and conditions of an approved site specific
development plan.
VETERINARY CLINIC - SEE ANIMAL HOSPITAL/VETERINARY CLINIC.
WAREHOUSING - Establishments primarily engaged in the warehousing and storage of general
merchandise, refrigerated goods, and/or farm products.
WATER SUPPLY WATERSHED - An area from which water drains to a point of impoundment and
the water is then used principally as a source for public water supply.
WETLANDS - Areas inundated or saturated by surface or ground water at a frequency and
duration sufficient to support and, under normal circumstances, do support a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs and similar areas and fall under the jurisdiction of the State and/or the US
Army Corps of Engineers.
WINERY - A manufacturing facility or establishment engaged in the processing and/or the
producing of wine or wine like beverages.
WOODWORKING PLANT - A large scale (greater than 3,001 square feet) facility which is engaged
in the shaping of wood and similar materials.
WOODWORKING FABRICATION SHOP - A small scale (3,000 square feet or less) facility which is
engaged in the shaping of wood and similar materials.
YARD - Any area of land located between a lot line and a required setback line. The minimum
depth of a yard shall be determined by horizontal measurement at a right angle from the applicable
lot line.
YARD, FRONT - The yard extending across the full width of the lot and lying between the front lot
line and the front setback line as required in this Ordinance.
YARD, INTERIOR SIDE - The yard extending along the length of the lot between the required front
yard and the required rear yard, and between the side lot line and the side building setback line,
as required in this Ordinance, provided that the side lot line is not adjacent to a public street right
of way.
YARD, REAR - The yard extending across the full width of the lot and lying between the rear lot line
and the rear building setback line as required in this Ordinance.
YARD, SIDE - The yard extending between the side line of the building and the adjacent side line
of the lot and extending from the rear line of the front yard to the front line of the rear yard.
YARD, STRET SIDE - The yard extending along the length of the lot between the required front
yard and the required rear yard adjacent to a public right of way or private access easement and
between the side lot line and the side building setback line as required in this Ordinance.
ZERO LOT LINE - A common lot line on which an interior or exterior wall of a structure may be
constructed which distinguishes the property line.
ZONING ADMINISTRATOR/OFFICER - Individual or individuals appointed by the Planning and
Development Director, and charged with the administration and/or enforcement this Ordinance to
the general public.
ZONING LOT - A lot, or portion thereof, with a single zoning district shall be considered and treated
as one (1) zoning lot.
ZONING PERMIT - A permit issued by the Zoning Officer or designee which authorizes the recipient
to use or occupy a tract of land or a structure, or to erect, alter or install a structure or sign which
fully meets the requirements of this Ordinance. This Ordinance shall be known as the Zoning
Ordinance of Holly Ridge, North Carolina and be consistent with the policies stated in the Onslow
County Citizen’s Comprehensive Plan.
Effective Date
Article XIV added to this ordinance October 9, 2007.
Effective Date of Amendments
Article 8.19 amended to add RA, NB, and R10 January 8, 2008.
Article 8.11 corrected square footage January 8, 2008.
Article 8.12 deleted due to repetition of 8.11 January 8, 2008.
Table of uses added January 8, 2008
Definitions updated January 8, 2008
Outdoor Advertising Signs (Off Premise) amended February 12, 2008
All page numbers corrected due to amendments.
ATTEST:
______________________________________ ________________________________
TOWN CLERK MAYOR