§ 74-314. Recreational district 3.

Properties designated recreational district 3 are properties that are publicly owned, the use of which is limited to purposes related to the preservation, rehabilitation, propagation, study, or observation of wildlife or natural heritage, and public beach access facilities and appurtenant parking. Therefore, the following restrictions shall apply:

(1)

No wetlands as defined in accordance with section 404 of the Clean Water Act shall be filled or excavated.

(2)

A minimum of 75 percent of its natural state, and a minimum 90 percent of any parcel greater than ten acres in size shall remain in its natural state; however, public beach access and appurtenant parking facilities are not subject to these natural state limitations.

(3)

Food and beverage service designed to serve the patrons and employees of a permitted use is an accessory use in recreational district 3. Except for special events, food and beverage service shall only be offered during the normal hours of operation of the permitted use on the premises. Additionally, such food and beverage service shall only be allowed subject to the following conditions:

a.

Readily accessible and convenient access by all customers to waste bins provided by the server;

b.

Posting of conspicuous signage, consistent with the requirement of the town Code, intended to discourage littering;

c.

A reasonable periodic determination, made by the town upon recommendation of the community appearance commission and upon the investigation by the chief zoning enforcement officer, that the provision of such food and beverage service has not, in the preceding year unreasonably or substantially increased litter from patrons utilizing the primary use facility on the premises;

d.

Acceptance by the server of food and beverage of the responsibility for picking up and collecting litter, on a daily basis, on all premises of the server; and

e.

Beverage service will not include alcoholic beverages. However, such restriction shall not prohibit the serving of alcoholic beverages at special events not open to the general public.

Prior to commencing the serving of food or beverages if allowed by this Code, the owners of the premises from which food and beverage are to be served must execute a written acknowledgement of the terms and provisions of this section, and such acknowledgement must state that food and beverage service will be discontinued upon a reasonable finding, as above set out, upon periodic review by the town that litter has been substantially increased by the provision of such service.

(4)

No building or other structure of any kind shall exceed 50 feet in height, exclusive of elevator shafts, air conditioning and other necessary equipment, none which shall exceed ten additional feet in height, nor include more than three floors of heated space. Notwithstanding the restriction of this subsection, structures other than buildings located on an approved utility site as allowed by this Code shall not exceed 140 feet in height.

a.

No building shall be located nearer than 50 feet to the right-of-way line of North Carolina Route 58, nor nearer than 30 feet to the right-of-way line of any other street or public property, nor nearer than 30 feet to the rear lot line of the property upon which such building is located, nor nearer than 30 feet to any adjoining residential or commercial area. Walkways constructed by the town or any government agency for public beach access are not subject to the side setback requirements.

b.

Signs shall be limited to those permitted by chapter 62, pertaining to signs.

c.

Parking areas located within the property of any establishment allowed in this district shall be for the sole use of residents, employees and guests. Adequate parking facilities shall be provided to accommodate all residents, employees, and users of facilities within the district.

(5)

A gift shop offering memorabilia and gifts to the patrons and employees of a permitted use is an accessory use in recreational district 3. Except for special events, such gift shop shall only be open during the normal hours of operation of the permitted use on the premises. In the event alcoholic beverages are offered for sale as gifts or memorabilia, such beverages shall be sold in unopened containers for off-premises consumption only.

Notwithstanding the provisions of this section, impervious cover in recreational district 3 shall be subject to the limitations described in section 74-315.

(Code 2001, § 21-7 (j)(3); Ord. No. 1989-9, 3-14-1989; Ord. No. 1991-4, 2-12-1991; Ord. No. 1995-2, 4-11-1995; Ord. No. 2001-8, 7-10-2001; Ord. of 3-12-2002; Ord. No. 2003-1, 1-14-2003; Ord. No. 2013-12, pt. III, 9-12-2013)