§ 58-2. Building restrictions.
(a)
Obstructions. Except as expressly permitted by this chapter, no obstruction, material or structure, including but not limited to pilings, docks, piers, seawalls, bulkheads, boathouses, rocks, sand, soil, dirt, jetties, or groins shall be constructed or placed within any navigable waters of the town.
(b)
Bogue Sound. The owner of any lot fronting Bogue Sound shall be permitted to construct one dock or pier per lot for the sole use of the lot owner and guests. Homeowner associations of multifamily units fronting on Bogue Sound shall be permitted to build one dock or pier for each 100 feet of sound frontage owned in common.
(c)
Docks/piers. Each owner of a residential lot fronting on any navigable waterway within the town (other than the Atlantic Ocean and Bogue Sound (see section 58-2(b)), subject to the procurement of all required permits from other jurisdictional agencies, including the state, shall be permitted to construct one dock or pier in the waterway with related and appurtenant structures and features as provided herein:
(1)
The dock or pier must run parallel with the waterfront boundary of the lot and may touch or be physically connected to the seawall on the waterfront boundary. For properties located at the terminal end of coves and which have less than 40 feet of canal frontage, docks may be placed perpendicular to the seawall and will be installed in such a manner as to not impede a neighbor's present or future access to his dock and/or boat lift.
(2)
The dock or pier may extend into the waterway no more than six feet from the seawall.
(3)
The dock or pier shall be set back a minimum of five feet from the side boundary line of the lot extended into the body of water unless the owner and the adjacent property owner sign and file a written waiver with the town. Additionally, the State of North Carolina may impose a 15 feet [foot], or other, setback from such side boundary line and the owner may be required by state authorities (i.e. Coastal Management) to get a waiver from the adjacent property owner to extend the dock or pier into this state imposed riparian setback area. (Any waiver of the state setback applies only to the waiver of the dock or pier extending along and parallel to the seawall and does not apply to any other provision of this subsection.)
(4)
The upper deck surface of the dock or pier shall extend no more than (a) four feet above mean high-water mark, or (b) the maximum height of the adjoining seawall, whichever is greater.
(5)
No dock or pier, or any part thereof, may be placed at any angle other than parallel in relation to the waterfront boundary of the lot, except as allowed in 58-2(c)(1).
(6)
Outrigger pilings for mooring vessels or to support boat lifts are permitted as follows:
a.
Outrigger pilings may not exceed 18 inches in diameter.
b.
Outrigger pilings must be placed at least six feet apart.
c.
To keep the middle 50 percent of the canal free of obstructions, no outrigger piling may be placed in the canal at a distance of more than 25 percent of the width of the canal from the owner's adjacent waterfront boundary.
d.
Docks and piers, including finger piers, or other walkways, are not permitted between outrigger pilings.
e.
Outrigger pilings must be set back at least 15 feet from a line that is an extension of the lot owner's side lot line into the canal.
(7)
Boat lifts are permitted as follows:
a.
One four pole boat lift is permitted for each lot on a waterway.
b.
One single pole elevator style boat lift may be installed if there is sufficient space to maintain the 15 foot side setback.
c.
Every part and component of the boat lift shall be constructed and maintained so that it is within the perimeter permitted for the owner's outrigger pilings. No part of the boat lift may encroach out of such area.
d.
Boat lifts may not have a walkway component except located wholly on the dock or pier adjacent to owner's seawall.
(8)
One davit or one similar device is permitted per lot on the waterway and may be located on a dock or landward of the seawall, but is required to be set back a minimum of 15 feet from owner's side lot line.
(9)
The dock or pier may be used only by the owner or occupant of the lot and the guests of said owner or occupant while the guest is visiting the owner or occupant.
(10)
Other than the dock or pier itself as permitted above, and a moored vessel bearing a current registration certificate issued by the NC Wildlife Resources Commission (or equivalent agency of another state), all structures and devices shall be set back a minimum of 15 feet from a line that is an extension of the lot owner's side lot line into the waterway. This setback may not be waived by adjacent property owners. As used in this subsection, "moored vessel" excludes a floating device that may be registered as a vessel, but is used as a floating dock.
(11)
All installations of floating docks, or sections of floating docks, shall be made and thereafter maintained consistent with the manufacturer's recommendations, or industry standards, and must preclude the floating portion from becoming dislodged due to storm surge or high tides. The building inspector may periodically inspect all previously installed floating sections to determine that they are secure.
(12)
One kayak launch or one similar device is permitted per lot on the waterway and may be located adjacent to a dock or seawall, but is required to be installed (1) at a distance so as to ensure that the center 40 feet of the waterway remains clear of any obstructions as outlined in this chapter, and (2) setback a minimum of 15 feet from a line that is an extension of the lot owner's side lot line into the waterway in such manner to maintain a clear path of navigation for a vessel to approach a neighboring property. Kayak launches will be limited to single kayak launches, and will be no greater than 60 inches in width and 170 inches in length.
(d)
Seawall davits. One davit will be allowed on an owner's canal front seawall or bulkhead, or on the landward side of such bulkhead or seawall, for the purpose of retrieving and launching boats and personal watercraft. Such davit post may not exceed eight feet in height or have a boom more than ten feet in length. Such davits are subject to minimum side building or setback lines. Davits under this subsection are in lieu of, and not in addition to, installation or construction of a davit on a permitted dock or pier.
(e)
Boat slips. Boat slips shall be prohibited on any navigable waterway within the limits of the town.
(f)
Impeding of water flow. Bulkheads, groins or jetties which are solid or so nearly so as to materially impede the flow of water through or under the structure and extending into any navigable waterway within the town are prohibited. This does not preclude the construction of bulkheads to prevent erosion as required in section 58-2(h).
(g)
Boat basins. Notwithstanding anything contained within this chapter, docks or piers appropriate in size to the particular basin may be constructed subject to the following conditions:
(1)
The basin shall be segregated from any adjacent navigable waterway so that docks, piers and pilings within the basin, or boats moored thereto, do not interfere with boat traffic on the waterway.
(2)
All perimeter land masses shall be bulkheaded to prevent erosion.
(3)
The boat basin shall be owned by a homeowners association with legal authority to levy assessments for the maintenance and upkeep of the facility.
(4)
If facilities for launching and retrieving boats are within the boat basin, adequate off-street parking for cars and trailers must be provided.
(5)
Adequate means shall be provided (ladders, etc.) to allow any person who has accidentally fallen into the water to safely climb out of the water.
In addition, such a basin may be constructed only after all applicable federal, state and local permits are granted.
(h)
Bulkheading.
(1)
The owner of each property adjacent to a navigable canal within the town shall maintain a bulkhead or seawall along the canal at his sole cost and expense. All bulkheads shall be maintained in a good state of repair and in such a fashion as to prevent erosion of sand, soil, other debris and sediment into the canal.
(2)
Canal front properties that are not currently bulkheaded shall be bulkheaded at the sole cost and expense of the owner of such property in a good and workmanlike fashion within three years of the date of adoption of the ordinance from which this section is derived.
(3)
This section may be enforced under the provisions of section 1-12. In addition to the general remedies set forth therein, violation of this section shall subject the offender to a civil penalty of $100.00 per day to be imposed commencing 30 days after the town has given a property owner written notice of violation of the provision.
(i)
Maintenance.
(1)
All bulkheads, docks, piers or other structures along or on waterways within the limits of the town shall be maintained by their owners in safe condition, and meeting appearance standards of the town. No structure shall cause or permit shoaling, erosion, or deposition of sediments within town waters.
(2)
Notwithstanding any provision of this chapter, the owner of any property with a pier not complying with the regulations of this chapter, which pier was constructed prior to May 8, 1984, shall be allowed, upon issuance of a building permit in accordance with the requirements of section 58-3(i), to repair such pier facility if and only if the following conditions are met:
a.
The proposed repair does not increase the size of the pier;
b.
The cost of repair is equal to or less than 50 percent of the cost of constructing a new pier, conforming to the regulations contained within this chapter, in the same location, such cost to include the cost of removal of any portions of the existing pier which would need removal prior to the construction of a conforming pier. Should any pier be damaged or have deteriorated to the extent that repairs cannot be made within the cost limitations set out herein, said pier may not be repaired, unless brought into conformity with the provisions of this chapter. All piers must be maintained in a safe condition at all time.
(j)
Channel to be kept clear. No boat shall be moored or anchored in a manner that encroaches into the center 40 feet of the waterway, nor shall an obstruction of any kind as outlined in this chapter be placed so as to encroach into the center 40 feet of the waterway.
(Code 2001, § 16-2; Ord. of 5-8-1984; Ord. No. 1984-2, §§ 16-2.1—16-2.8, 3-13-1984; Ord. No. 1990-3; Ord. No. 1993-4, 8-10-1993; Ord. No. 1994-2, 1-1994; Ord. of 6-13-2000; Ord. No. 2004-2, 11-9-2004; Ord. of 6-13-2006, §§ II, III; Ord. No. 2018-01, § pts. II, III, 1-10-2018; Ord. No. 2018-04, 6-13-2018)