TOWN OF WRIGHTSVILLE BEACH

TOWN OF WRIGHTSVILLE BEACH
DEPARTMENT OF PLANNING & INSPECTIONS
32 1 C A USEWAY DRIVE P.O . BOX 626
WRIG HTSVILLE BEAC H, N.C. 28480
Planning Board Meeting Agenda
Tuesday, March 8, 2016 6:00 p.m.
Town Hall Council Chambers
321 Causeway Drive, Wrightsville Beach, N.C.
•
Call to Order by Chairman Dull
•
Pledge of Allegiance
•
Approval of Minutes from the February 2, 2016 Meeting
•
New Business
A. Consideration of a Text Amendment to Section 155.6.4 Table of Permitted/Conditional
Uses, to amend the use classification of Boat Rental Facilities from a Conditional Use to
a Permitted Use in the C-3 Commercial Zoning District.
B. Discussion on Open Space Requirements
•
Old Business
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Other Business from the Chairperson & Board Members
•
Other Business from Staff
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Adjournment
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WRIGHTSVILLE BEACH
PLANNING BOARD MINUTES
321 Causeway Drive, Wrightsville Beach, NC 28480
February 2, 2016
The Town of Wrightsville Beach Planning Board met at 6:00p.m. in the Town Hall
Council Chambers located at 321 Causeway Drive, Wrightsville Beach, NC 28480.
PRESENT:
Chairman Ken Dull, David Gulp, Susan Snider, Janice
Clark, Vivian "Zeke" Partin, Jim Smith
ABSENT:
Vice Chairman Thomas "Ace" Cofer
Staff Members Present:
Tony Wilson, Director of Planning & Parks
Zachary Steffey, Town Planner
CALL TO ORDER
Meeting ca lled to order by Chairma n Ken Dull at 6: 02p.m.
PLEDGE OF ALLEGIANCE
Chairman Ken Dull led th e audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
.. . Motion by Ms. Zeke Partin to approve the minutes from the December 8, 2015
meeting. Motion seconded by Ms. Janice Clark and carried unanimously by a vote
of (6-0).
•'
February 2, 2016
Wrightsville Beach Planning Board Minutes
Page 2
ELECTION OF NEW CHAIRPERSON AND VICE CHAIRPERSON
Ms. Clark nominated Mr. Ken Dull to serve as the Chairperson of the Town of
Wrightsville Beach Planning Board. The Planning Board voted unanimously to elect Mr.
Dull as the Chairperson . (6-0)
Ms. Partin nominated Ms. Susan Snider to serve as the Vice Chairperson of the Town
of Wrightsville Beach Planning Board, Mr. David Culp seconded the motion and the
Planning Board voted unanimously to elect Ms. Snider as the Vice Chairperson. (6-0)
NEW BUSINESS
AGENDA ITEM A:
DISCUSSION ON AMENDING SECTION 155.2.10 OPEN SPACE REQUIREMENTS
Mr. Steffey said that Planning Staff have been working on drafting up a series of
amendments to the Open Space Requirements of the Town to ensure that this
section of the Town's Code of Ordinances adequately reflects current community
interests, needs, and development trends. He said that the Town 's Open Space
Requirements achieve a number of important regulatory functions for the Town
including minimizing the potential volume of wind and waterborne debris during
storm events and improving stormwater runoff retention efforts to enhance water
quality. He explained that the Open Space Requirements also assist in deterring
the spread of fire between structures, allowing for the adequate flow, of air to
prevent mold, standing water, and other nuisances, and improving the overall
aesthetic appearance of the community. Mr. Steffey asked the Planning Board to
consider the following changes to Section 155.2.10: Add (B) (2) Utility /Service
Equipment Stands (b) to address constructing or re-locating HVAC/Utility stands
when nonconforming structures are elevated pursuant to Section
155.8.4,Remove (B) (8) Walkways and replace with (B) (8) Walkways (a) (b) (c)
to address walkways allowed within the required setbacks, Modify (B) (11)
Retaining Walls to include (b) to address existing retaining walls that exceed a
height of 30 inches above the lowest adjacent grade, Establish (B) (12) Arbors
and decorative trellises, Establish (B) (13) Storage tanks, Establish (B) (14)
Tanks and systems for stormwater collection, Establish (B) (15) Geothermal and
irrigation wells
February 21 2016
Wrightsville Beach Planning Board Minutes
Page 3
PLANNING BOARD DISCUSSION:
Utility/Service Equipment Stands
Ms. Partin asked about the nature of the proposed change and whether the
change was a formality. Mr. Steffey said that the changes are to address the
potential issues which may arise when structures that are non-conforming to the
setbacks and flood requirements are elevated to adhere to the flood
requirements but are unable to be relocated to meet the setbacks.
The Planning Board held general discussion regarding stairs leading to utility
stands and the requirements for accessing utility platforms.
Ms. Partin asked if there was a requirement for the height of the utility stand. Mr.
Steffey said that the utility stands would require the stands to meet the flood
requirements. He explained that in some cases if the structure is non-conforming
and there is an existing utility stand it may not be feasible to elevate the stand to
meet the flood since the stand could end up being taller than the structure.
The Planning Board continued discussion regarding utility stands including which
situations the proposed changes to the ordinance would apply to and whether a
utility stand could exceed the 40-foot height requirement.
Mr. Smith asked about adding language to the ordinance to encourage people to
cantilever utility stands. Mr. Wilson said that it may be something that FEMA
encourages but there could also be challenges associated with cantilevering in
terms of condensation and other factors.
Walkways
Mr. Smith asked if the sidewalks (walkways) not being 42 inches would create
issues in terms of ADA requirements. Mr. Wilson explained that this particular
secti~n of the ordinance applies to walkways that are located on residential lots
that encroach into the setbacks.
Mr. Steffey discussed walkways that are in the setbacks that exceed the threefoot limitation for walkways. He said that the way staff has drafted the ordinance
would allow non-conforming walkways to be repaired or replaced in the same
footprint so long as the work did not exceed 50% of the total material of the
walkway. He also said that staff had added a section to allow walkways to be four
feet wide on conforming lots that are at least 70 feet wide and 8,000 square feet
or more.
February 2, 2016
Wrightsville Beach Planning Board Minutes
Page 4
Retaining Walls
Mr. Steffey discussed the proposed changes to the retaining walls section of the
· open space requirements. He said that there are a number of walls that exceed
30 inches in height and that are holding back a substantial amount of fill . He
explained that at some point these walls will need to be replaced and that it is
simply not feasible to limit the replacement of these larger walls to 30 inches,
Mr. Wilson said that the intent of this section is to address situations that where
the laws do not conform to the ordinance .
. Ms. Partin asked what would happen if someone had a five-foot-tall retaining wall
that has fallen over. Mr. Wilson explained that this change to the ordinance would
address situations like this that may arise that the ordinance currently does not
account for.
Arbors & Trellises
Mr. Steffey explained that the ordinances do not currently address arbors and
decorative trellises. The ordinance drafted by staff sought to limit arbors to seven
feet in height as measured from the lowest interior grade. The proposed
ordinance also limited the number of posts to four, and placed a five-foot space
limitation between each of the posts.
Mr. Culp expressed concern over the height limitation of the arbors due to the
h;:trdships that it may cause some individuals who are over six feet tall. Mr.
Wilson explained that this is something that staff encounters throughout the
Town. Mr. Steffey presented several examples of arbors throughout the Town.
Mr. Wilson sought direction from the Planning Board as to whether this is
something they would like to address.
Mr. Smith said that a ratio could be established for the square footage covered
by the arbor and said that eight feet would be a good starting point.
Ms. Snider commented that the downside to allowing arbors and trellises was
that it would create more debris during a flood or storm event. Mr. Wilson said
that they could also create less greenspace.
The Planning Board continued their discussion on arbors and trellises.- The Board
discussed the different examples throughout the Town and what specifications
may be appropriate for arbors and trellises.
Mr. Dull suggested looking at other beach communities to see how they address
trellises and arbors. He said that Seaside, Florida would be a good example of
February 2, 2016
Wrightsville Beach Planning Board Minutes
Page 5
an oceanfront community that may address arbors and trellises.
Fuel Storage Tanks
Mr. Steffey explained that the Planning Department often receives questions
about where propane tanks can be located . Mr. Smith asked how the four-foot
encroachment was determined. Mr. Steffey said that the four-foot limitation was
intended to allow tanks to be installed in line with the HVAC stand to reduce
clutter in the side and rear yard setbacks. He explained that the tanks would
have to adhere to the mechanical code.
PUBLIC COMMENT:
Mr. Neal Briggi expressed concerns about allowing fuel storage tanks to be
placed below ground in close proximity to the property boundaries. He indicated
that he was concerned about these tanks leaking below ground and creating
environmental contamination . Mr. Steffey said that it is fairly common for the
tanks to be installed below ground and that they must meet the mechanical code.
requirements. Mr. Wilson explained that the intent of the section was to primarily
address LP tanks.
PRESENTATION CONTINUED:
Tanks for storing Rainwater & Greywater
Mr. Steffey said that rain barrels and greywater retention for irrigation is
increasing in popularity at Wrightsville Beach. He indicated that the intent of the
section was to allow these tanks to encroach up to four feet into the setback if
above ground or within the property boundaries if placed below ground.
Geothermal Wells
Mr. Steffey said that the Planning Department has seen a number of geothermal
wells going in with new houses on the island. He indicated that there wasn't a
section of the ordinance that clearly addresses the encroachment of these
devices within the setbacks. He said that the geothermal wells are generally
subject to review by the Public Works Director and the Planning and Inspections
Department. Mr. Culp asked if these are closed systems. Mr. Wilson said that the
systems are generally closed systems.
Mr. Wilson said that staff would look at the ordinances of other communities and
would submit the changes to the Town Attorney before changes would be
brought back to the Planning Board for further consideration.
February 2, 2016
Wrightsville Beach Planning Board Minutes
Page 6
AGENDA ITEM B:
DISCUSSION ON AMENDING CHAPTER 150 PIERS, DOCKS, AND BRIDGES
Mr. Steffey said that Planning Staff have been working on drafting up a series of
amendments to Chapter 150 Piers, Docks, and Bridges in an effort to align local
processes with the requirements set forth by the North Carolina Division of
Coastal Management. He asked that the Planning Board discuss the
recommended changes and provide feedback in regards to the following topics:
nonconforming piers and docks, regulatory requirement changes, ensuring
consistency with current building code requirements , the renting and sale of piers
and docks, and ordinance continuity with the current rules and regulations of the
NC Division of Coastal Management. Mr. Steffey asked the Planning Board to
consider the following changes to Chapter 150: 150.12 (A) (2) to add the wording
"except as provided above." 150.12 (A) (4) Remove 150.13 Minimum
Dimensions. (Delete) Reference to 2012 l?uilding and Residential Codes 150.14
Structural Specifications. (Delete) Reference to 2012 Building and Residential
Codes 150.15 Safety Features. (Delete) Reference to 2012 Building and
Residential Codes (Add) Nonconforming Structures- A Text amendment will be
needed to ensure consistency with CAMA regulations that regulate piers that are
damaged or repaired to a level that exceeds 50% of the framing and structural
components.
PLANNING BOARD DISCUSSION:
Mr. Wilson. provided the background on the current process for property owners
to construct their pier or dock in a manner that does not achieve the 15 foot ·
setbacks from adjacent structures. He said that the current process requires that
these individuals pay a $500 fee to go before the Board of Aldermen for an
exception and that amending this section of the ordinances would ensure that the
Town was operating in a manner consistent with the Division of Coastal
Managements rul~s and procedures. Mr. Steffey indicated that a section would
also be added to ensure that the ordinance adequately addresses CAMA's 50%
rule .
The Planning Board held general discussion on the proposed changes. Town
staff identified that the changes were to ensure compliance with the current
Division of Coastal Management rules and with the North Carolina Building
Code. The Planning Board discussed what the building code currently allows.
The Planning Board also ~riefly discussed the rental of slips in residential
districts and the sale of boat slips.
February 2, 2016
Wrightsville Beach Planning Board Minutes
Page 7
OLD BUSINESS
None at this time.
OTHER BUSINESS FROM CHAIRPERSON OR BOARD MEMBERS
The Planning Board requested an official change of date for the March Planning Board
Meeting. The requested change was from March 1, 2016 to March 8, 2016.
OTHER BUSINESS FROM STAFF
None
ADJOURNMENT
... There being no further business to come before the board, Chairman Ken Dull
made a motion to adjourn which was seconded by Ms. Partin, the meeting was
adjourned by unanimous vote at 7:02 p.m. Vote (6-0)
Respectfully Submitted,
TOWN OF WRIGHTSVILLE BEACH
DEPARTMENT OF PLANNING & INSPECTION S
321 CAUSEWAY DRIVE P.O . BOX 626
WRIG HTSVILLE BEACH, N.C . 28480
March 1, 2016
MEMORANDUM
Chairman Dull and Planning Board Members
Zachary Steffey, Town Planner "3:5.
Consideration of a Text Amendment to Section 155.6.4 Table of
Permitted/Conditional Uses
Tony Wilson, Director of Planning & Parks
To:
From:
Re:
Cc:
Bacl{ground:
On February 16, 2016 the Planning and Inspections Department received a petition for an
Ordinance Text Amendment to Section 155.6.4 Table ofPetmitted/Conditional Uses. Mr. Jeff
Hughes, the petitioner, and Mr. Geoffrey Losee, the petitioners authorized agent, have requested
that the use classification of Boat Rental Facilities is changed from a Conditional Use to a
Permitted Use in the C-3 Zoning Districts of the Town. Public notice of this meeting ran on
February 27, 2016 in the Wilmington Star News.
In 2015 a text amendment petition to add boat rental facilities as either a petmitted or conditional
use in the C-3 Commercial Zoning District was considered by the Planning Board and Board of
Aldermen. The Board of Aldermen held a public hearing on the matter on March 12, 2015 and
subsequently adopted Ordinance No. (2015) 1739 which added Boat Rental Facilities as a
Conditional Use in the Table of Permitted/Conditional Uses.
Discussion:
Following the adoption of Ordinance No. (2015) 1739 Mr. Hughes (petitioner) ofNauti Times
Boat Rentals began the process of applying for a Conditional Use Petmit. Due to unforeseen
factors involving the property owner(s), Mr. Hughes was unable to obtain the authorization
needed to move forward with ·obtaining a Conditional Use Permit. The requested amendment to
Section 155.6.4 would allow Mr. Hughes to continue to operate his business rather than having
·
to relocate to an altemate location.
Current Water Based Uses in the C-3 Zoning District:
•
•
•
•
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Boat Sales and Service (Conditional Use)
Commercial Marinas (Conditional Use)
Dry DocldBoat Works/Marine Railways (Conditional Use)
Vessel for Hire (Conditional Use for nine or more persons)
Vessel for Hire (Permitted Use for less than six persons)
TOWN OF WRIGHTSVILLE BEACH
DEPARTMENT OF PLANNING & INSPECTIONS
321 CAUSEWAY DRIVE P.O. BOX 626
WRIG HTSVILLE BEACH, N.C. 28480
Analysis:
Planning Staff support the reclassification of Boat Rental Facilities as a Permitted Use with
Supplemental Regulations. Some ofthe conditions that staffreconm1ends as supplemental
regulations for Boat Rental Facilities include the following :
•
•
•
•
•
Limit the number of boats to four (4) boats
Prohibit the rental of personal watercraft i.e. jet skis
Prohibit the storage of boats on trailers
Require a business plan that demonstrates where boats will be stored, maintained, and
fueled
Limit the hours of operation
Requested Action:
The Planning Board is asked to discuss the Text Amendment Petition to Section 155.6.4 and to
provide a favorable recommendation to the Board of Alde1men.
Attachments:
1. Text Amendment Petition Application
2. Letter from Seapath
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Town of Wrightsvilfe Beach
PETITION FOR ORDINANCE TEXT AMENDMENT (TA-1 5/16)
The pe titioner requests that the Wrightsville Beach Planning Board recommend to the Board of
Aldermen to change the Ordinance of the Town as follows:
Ordinance:
155
Chapter:
Title: Table of Permitted/Conditional Uses
155.6.4
Section:
Ordinance currently reads:
That Section 155.6 . 4 Table of PP.rmittted Conditional Uses
of the Code of Oqlinances, Town of Wrightsville Beach allows
Boat Rental Facility as a Conditional Use in the Commercial
Use in the Commercial District- III- Zoning-District
'
Proposed change to ordinance reads:
That ~ec tion 155,6 , 4 -Table of Permitted Conditional Uses of
the Code of Ordinances,
To~m
of Wrightsville Beach, is hereby
amended by amending Boat Rental Facility as a Permitted Use
Commercial District _III, Zoning Dis trict
(Further documentation and illustrations should -be attached to this application)
Petltloner(s):
Name: Jeffrey P. Hughes, 341 Donald E. Gore Drive
Phone: (910) 297-4111
Address: Wilming;ton, NC 28412
jefferyEhughes@hotmail
.
com
Email:
Agent(s) If other than Petitioner: Geoffrey A. Los ee, Es9.uire
Name: Geoffrey A. Losee
Addr71;l; 19
Signature
v~
r!:;
St.
~0~ -~
Agent Signature
**I uqderstand ~~~:his ap~on is non-refundable.**
Phone: (910) 763-3404
Date
z_/p2
.
"'
I
Date 2..- l2- J(p
(Initial)
**I furthermore ce1tify that I am authorized to grant and do in fact grant pe.rmission to Planning Staff and
his/her agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application.**
(Initiaf)
Application fee in the amount of $300 dollars due at application submission Date Paid:_ _
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A2
Se~path
______
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YACHT•CLUB
February 3, 2016
Jeff Hughes
341 Donald E Gore Drive
Wilmington, NC 28412
Dear Mr. Hughes,
Thank you for taking the time to come before the Seapath Yacht Club Board of Commanders on
January 30 1h
After hearing your presentation on topics relating to day to day business operations, permitting ,
and insurance coverage, the Board discussed how to proceed. After discussion, the Board found
that Nauti Times meets all internal requirements to operate out of Seapath Yacht Club slip A-43
and has thus approved Nauti Times to continue to operate as you have for 2016.
During the Board's discussion, permitting was heav ily discussed as it relates to a new perm it the
Town of Wrightsville Beach now requires for boat rental companies. After thoroughly vetting the
issue, the Board determined that Seapath Yacht Club has no power under our by-laws to apply
for permits that are not required for Seapath Yacht Club to operate.
We also discussed the other option you presented. You asked if the member of record you lease
your membership from could apply for the permit Nauti Ti mes needs. As an individual
owner/member has no capacity to speak for or enter into any agreement that obligates Seapath
Yacht Club, this also is not possib le.
To summ arize, Seapath Yacht Club Board of Commanders has approved your business to
continue at Seapath with the understandi ng that Seapath Yacht Club cannot and will not apply for
any permits required by Nauti Times to operate. Therefore, Nauti Times must be the responsible
party to conform to applicable governmental regulations.
The Seapath Yacht Club Board of Comm anders would like to express their appreciation for the
good relations we've enjoyed with you and Nauti Times and wish you the very best moving
forward. Should you have any questions relating to this or any matter, please contact General
Manager Chris Brock.
On Behalf of the Seapath Yacht Cl ub Board of Commanders,
Chris Brock
General Manager
Seapath Yacht Club
ESlAEJI.ISHEO 1976
330 Causewav Drive • P.O. Box 690 • Wriahtsvi ll e Beach. NC 28 4 8 0 • (9 10) 256- 37 4 7
I
TOWN OF WRIGHTSVILLE BEACH
DEPARTMENT OF PLANNING & INSPECTIONS
321 CAUSEWAY DRIVE P.O. BOX 626
WRIG HTSVILLE BEACH, N.C. 28480
March 1, 2016
MEMORANDUM
Chairman Dull and Planning Board Members
Zachary Steffey, Town Planner y
Discussion of potential amendments to Section 155.2.10 Open Space
Requirements
Tony Wilson, Director of Planning & Parks
To:
From:
Re:
Cc:
Discussion:
Following the February Planning Board Meeting Planning Staff have reflected the comments and
feedback through revisions to the proposed amendments to Section 155.2.10 Open Space
Requirements. The changes to Section 155.2.10 are summarized below, the underlined
modifications have been added following the February Planning Board Meeting:
•
•
•
•
•
•
•
•
Add (B) (2) Utility /Service Equipment Stands (b) to address constmcting or re-locating
HVAC!Utility stands when nonconforming structures are elevated pursuant to Section
155.8.4
Modify (B) (7) to include the commercial zoning districts of the Town
Remove (B) (8) Walkways and replace with (B) (8) Walkways (a) (b) (c) to address
walkways allowed within the required setbacks
Modify (B) (11) Retaining Walls to include (b) to address existing retaining walls that
exceed a height of 30 inches aqove the lowest adjacent grade
Establish (B) (12) Arbors and decorative trellises
Establish (B) (13) Liquid petroleum storage tanks
Establish (B) (14) Tanks and systems for stmmwater collection
Establish (B) (15) Geothermal and irrigation wells
Requested Action:
The Planning Board is asked to discuss the recommended changes to Section 155.2.10 and to
provide additional feedback and direction to the Planning Staff if necessary.
Attachments:
1. Proposed changes to Section 155.2.10 Open Space Requirements
Section 155.2.10 Open Space Requirements.
(A} No structure or portion of a structure of any kind shall be permitted in any part of a
required yard, either below, at, or above ground level, except as set forth in this section or
elsewhere in this Ordinance.
(B) The following may encroach into the required yard so long as such use complies with all
other applicable provisions of this Ordinance:
(1} Roof overhangs and gutters may encroach two feet into the required yard.
(2} Utility/service equipment stands, as defined herein, may encroach four feet into the
required rear and side-yard setback area. These stands shall be the minimum size required to
accommodate the equipment located thereon as determined by the UDO Administrator or his
or her designee. Utility/service equipment stands which encroach into the required setback
?hall not be accessible by stairs unless required by Occupational Safety and Health
Administration (OSHA} regulations.
a. Non-conforming utility stands erected prior to adoption of this Ordinance may be repaired or
replaced notwithstanding the maximum encroachment as outlined hereinabove, provided that
they comply with this Ordinance to the extent possible, and are the minimum size required to
accommodate the equipment located thereon as determined by the UDO Administrator or his
or her designee.
b. When a nonconforming structure is elevated in order to comply with the Flood Ordinances as
set forth in Section 155.8.4, any expansions or enlargements of existing utility stands or
installation of a new utility stand shall require the property owner to locate said utility stand on
the sideyard of the lot that offers the greatest setback from the lot lines or; in the rear yard so
long as the encroachment is consistent with the abovementioned encroachment discussed so
long as the utility stand in either case is in conformance with the encroachment set forth in
Section 155.2.10 (B) (2).
(3} Fences may encroach into any required yard so long as they are in conformance with the
regulations set forth in Section 155.7.10.
(4} Driveways may encroach within the street frontage yards, provided that they are in
conformance with Section 155.2.14.
(5} Driveways, parking, and sidewalks may encroach into the required yards in the P-C C-2, C-3,
C-4, and C-5 Districts in conformance with the applicable district regulations found in Section
155.6.5.
(6} Landscaping, including but not limited to flower beds, planters, tree, etc., may encroach into
any required yard. This shall not include gravet pervious pavers, or impervious pavers, the
primary purpose of which is to provide parking. These materials shall be considered as
driveways and may encroach into the street frontage yards so long as they are in conformance
with Section 155.2.14.
(7) Accessory buildings within the commercia l zoning districts of the Town provided they
comply with the required building setbacks set forth in Section 155.6.5 and in the residential
districts as permitted by subsection 155.6.5.1 (R-1 Residential District) and subsection 155.6.5.2
(R-2 Residential District)
(g) Walkways no more than 36 inches wide elevated no more than si>( inches above grade
composed of pervious materials, inclu.ding but limited to 'Nood and pervious pavers, provided
that they are erected for the sole purpose of providing access to residences, piers, or permitted
establishments located on the same property or located adjacent to the same property.
(8) Walkways constructed within the side, front, and rear yards must be constructed of pervious
materials. The UDO Admin istrator or his or her designee will make the determination of
whether a walkway achieves a suitable level of permeability. All new walkways and walkways
repaired or replaced greater than 50% of their cumulative material total must adhere to the
fo ll owing standards:
a. On conforming lots that comply with the applicable dimensional and area requirements set
forth in Section 155.6.5, walkways that encroach into the side yard setbacks may be a
maxim um of four feet wide.
b. On lots deemed non-conforming where insufficient dimensional or lot area exists as set forth
in Section 155.6.5, walkways that encroach into the setbacks shall be limited to three feet wide.
c. Notwithstanding the foregoing all lots located within the Estuarine Shoreline Area of
Environmental Concern shall be able to construct an access structure so long as the structure is
constructed in conformance w ith the requirements stipulated by the North Carolina Division of
Coastal Management.
(9) Beach walkovers constructed in accordance with the Wrightsville Beach Unified
Development Ordinance, Article 155.11, Part Ill, Oceanfront Property.
(10) Bulkheads as defined in this ordinance installed in accordance with Division of Coastal
Management Rules and Regulations.
(11) Retaining walls
a. Measuring no greater than 30 inches above the lowest adjacent grade erected for
landscaping, stormwater retention or pedestrian safety.
b. A retaining wall that exists at the t ime of the adoption of this ordinance that exceeds 30
inches in height as measured from the lowest adjacent grade may be allowed to be repaired or
replaced so long as such actions do not re:;u lt in a retaining wall structure that exceeds the
height of the existing retaining wall. All retaining walls that are repaired or replaced must
comply with all applicable sections of the NC Building Code and all applicab le local, state, and
federal laws.
(12) Arbo rs and decorative t rellises so long as they are free stand ing, permeab le, and
constructed in accordance with Chapter 151. Arbors and decorative trellises shall be limited to
eight feet in height as measured from the lowest adjacent interior grade of the lot to the
highest- point of the structure. (Lowest interior adjacent grade is the lowest point measured
within five feet ofthe post or component being measured).
a. Arbors and trellises shall not be constructed in any manner whatsoever that obstructs a
driveway sight visibility triangle or a corner lot visibility triangle.
b. Arbors and trellises in existence at the time of adoption of this ordinance may be repaired
and replaced so long as they remain in the same foot print, maintain an equal level of
permeability, and maintain the same dimensional requirements. If said structu res are removed,
they may not be replaced in a manner that is inconsistent with the abovementioned provisions
of this section.
(13 ) Liquid petroleum tanks typically used for heating, grilling, and other residentia l related
applications sha ll be allowed to encroach a maximum of four feet into the required side and
rear yard setbacks if constructed above ground so long as said devices comply with all
applicable local, state, and federal laws. Tanks may be placed below ground so long as they are
located within the property boundaries of the lot and in compliance with all applicable local,
state, and federal laws.
(14) Tanks and systems used for the collection of stormwater runoff or non-potable water for
the purpose of irrigation may encroach 4 feet into the setbacks if constructed above ground or:
within the property boundaries if said devices are placed below ground. Such devices must
comply with all applicable local, state, and federal laws.
(15) Geothermal wells and below-grade irrigation wells and associated piping and infrastructure
pending the approval of the Director of Public Works, the Planning & Inspections Department,
and any other appl icable local, state, and federal entities.