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 five (5) 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 five (5) 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 5.76 units per acre
R-10A 5.76 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