§ 74-241. Unlisted uses.

(1)

Procedure for approving unlisted uses. Where this chapter does not list a use as a permitted or special use in a zoning district, and such use is also not prohibited or restricted by this chapter or elsewhere in the Town Code, the town planner upon application for a building permit or any permit required under this chapter may allow the unlisted use if the criteria of subsection (2) below are met and he determines that the proposed unlisted use:

a.

Has an impact that is similar in nature, function, and duration to the permitted or special uses allowed in the specific zoning district where the unlisted use is proposed, and

b.

Has no adverse impact on neighboring properties or the public interest greater than adverse impacts of permitted or special uses in the zoning district where the property is located.

In considering a permit for an unlisted use, the town planner shall give due consideration to the intent of this chapter and other provisions of the Town Code concerning the district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.

(2)

Criteria for approving unlisted uses.

a.

Option to schedule a hearing. The town planner may, but is not required to, schedule a hearing on the application. If he schedules a hearing, at least two weeks prior to the hearing, he shall mail a notice of the hearing to the adjacent property owners by regular first class mail using the names and addresses for such owners as contained on the Carteret County GIS website. In deciding whether to call for a hearing, the town planner shall consider whether it is likely the application will be of concern to neighboring owners, and if so believes, he should call for a hearing and give notice.

b.

Parties in interest. Whether the town planner calls for a hearing on the application or not, adjacent property owners, and the Town of Pine Knoll Shores are deemed to be interested parties and shall have standing to appeal the town planner's decision to the board of adjustment.

c.

Criteria. In order to determine that the proposed use has an impact that is similar in nature, function, and duration to the permitted or special uses allowed in the specific zoning district where the property subject to the unlisted use is located, the town planner shall assess all relevant characteristics of the proposed use, including but not limited to the following:

(1)

The volume and type of sales, retail, wholesale; size and type of items sold and nature of inventory on the premises; and

(2)

Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution; any dangerous, hazardous, toxic, or explosive materials used in the processing; and

(3)

The nature and location of storage and outdoor display of merchandise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work-in-process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders); and

(4)

The type, size and nature of buildings and structures; and

(5)

The number and density of persons who will occupy, visit or attend the use; and

(6)

Vehicular and pedestrian traffic including types of vehicles conveying persons or property to a use and characteristics of traffic generation to and from the site; and

(7)

Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses; and

(8)

The amount and nature of any adverse impact generated from or accessing the premises, including but not limited to noise, smoke, odor, lighting, glare, vibration, radiation and fumes; and

(9)

Any special public utility requirements for serving the proposed use, including but not limited to water supply, waste water output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

(3)

Determination by the town planner. All determinations by the town planner made pursuant to subsections (1) and (2) above shall be in writing.

(4)

Appeal of determination of the town planner. Within 30 days of issuance, the determination of the town planner may be appealed to the zoning board of adjustment pursuant to the procedures set forth in section 74-25(d) of this chapter; however, notwithstanding any provisions of this chapter or the general statutes to the contrary (a) the review by the board of adjustment shall be de novo , and (b) adjacent owners and/or the Town of Pine Knoll Shores will have standing to appeal and/or participate in the appeal even if they did not participate at the town planner decision level.

(5)

Town planner initiation of amendment. The town planner shall initiate a proposed amendment to this chapter if the particular unlisted use or category of use(s) is likely to be common or to recur frequently.

(6)

Uses deemed prohibited. Uses of land that are not listed as permitted or special uses in the zoning district where the land is located, or that are not approved by the town planner under this section, are prohibited. Application under this section for approval of an unlisted use, and appeal of an adverse ruling to the board of adjustment, shall be deemed an essential administrative remedy, without prejudice to an owner's right to apply for a text change amendment to this chapter in an effort to have a specific use added as a permitted or special use, to apply to have his property zoned to a conditional use district when his proposed use may be permitted.

(Ord. No. 2016-16, Art. IV., b., 12-7-2016)