Duck, NC Amending Zoning Ordinance in Regards to Formula Businesses

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Duck, NC, US

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Type: Ordinance

Status: Adopted on 2/7/07

Vote: Unanimous

Source File:


Ordinance No. 07-04

WHEREAS, the Town Council of the Town of Duck may enact ordinances to protect the health, safety, and welfare of its citizens under the North Carolina General Statutes § 160A-174; and

WHEREAS, the Town’s adopted CAMA Core Land Use Plan articulates in Chapter II, Concerns and Aspirations, the Duck Vision Statement as follows:

The Town of Duck desires to remain a slow paced, coastal village and family oriented vacation destination. The Town seeks to maintain its charm and character. It will accomplish these objectives by: balancing residential and commercial land uses; protecting and preserving view sheds; protecting and preserving the natural environment and the waters of the ocean and sound; and, discouraging over-commercialization and intensive land use developments that are not compatible with the Town’s residential nature and established development patterns.; and

WHEREAS, the Town Council and the Planning Board have determined that the regulation of formula businesses is reasonable and consistent with the CAMA Core Land Use Plan; and

WHEREAS, the Town Council and the Planning Board have solicited public input and professional advice regarding regulation of formula businesses;

NOW THEREFORE BE IT ORDAINED by the Town Council for the Town of Duck, North Carolina that the Zoning Ordinance shall be amended as follows:

PART I. Add a new section 29.2 Formula Businesses, as follows:

Sec. 29.2 Formula Businesses

a. Purpose. The purpose of the standards in this Section regulate the location and operation of formula business establishments in order to maintain the town’s unique village character, the diversity and economic vitality of the community's commercial districts, and the quality of life of Duck residents. The Town has determined that preserving unique architecture, signage, graphic and other design elements so that the Town maintains a distinctive visual appearance and small-scale eclectic ambiance will promote the long-term viability of the community's businesses districts. The Town has also determined that preserving a balanced mix of local, regional, and national-based businesses and small and medium sized businesses will maintain and promote the long-term economic health of visitor-serving businesses and the community as a whole. It is therefore the intention of the Town that any permitted formula business establishments shall create a unique visual appearance that reflect and/or complement the distinctive and unique character of Duck, and that no such establishment shall project a visual appearance that is homogenous with its establishments in other communities.

b. Applicability. "Formula Business" means a type of business activity, including retail, office and restaurants and food service, which

1. is required to maintain a standardized (substantially the same) array of services and/or merchandise, name, trademark, logo, service mark, symbol, sign, decor, architecture, building or site layout, uniform, color scheme, menus, or similar standardized feature; and
2. is substantially the same as eight or more such establishments, regardless of ownership or location.

Formula businesses shall not include institutional uses such as banks, post offices, churches or government facilities nor shall it include franchise or multi-branch real estate offices, utility services, or gas stations.

c. Conditional Use Permit Required. A Conditional Use Permit shall be required for any Formula Business establishment in the Town.

1. A Formula Business Establishment may be allowed only with a Conditional Use Permit;
2. The expansion of any existing Formula Business establishment shall require a Conditional Use Permit or amendment of a conditional use permit if it already has one;
3. A Formula Business establishment shall fully comply with all applicable regulations of the zoning ordinance, including required commercial design guidelines, unless otherwise herein modified.

d. Required Findings for Approval. In addition to all of the findings required by Section 54, Conditional Use Permits, all of the following findings must be made prior to the issuance of a Conditional Use Permit for a Formula Business establishment:

1. The Formula Business establishment will be compatible with existing surrounding uses, and has been designed and will be operated in a non-obtrusive manner to preserve the community's distinctive character and ambiance;
2. The Formula Business establishment will not result in an over-concentration of formula business establishments in its immediate vicinity or the Town as a whole;
3. The Formula Business establishment will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;
4. The Formula Business establishment will contribute to a diverse and appropriate blend of businesses in the community and preserve the sea coast town ambience reflective of the history and people of the community;
5. The Formula Business establishment will be mutually beneficial to and would enhance the economic health of surrounding uses in the district;
6. The Formula Business establishment will contribute to an appropriate balance of business sizes in the community, and
7. The proposed use, together with its design and improvement, is consistent with the unique character of Duck, and would preserve the distinctive visual appearance and shopping and dining experience of Duck for its residents and visitors.
8. The proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adjoining sites including, but not limited to the following:
a) Size not to exceed 3000 square feet of gross floor area and must be in a building that is shared with at least one other business that is not a formula business of any type.
b) Street-facing frontage of any individual formula business shall not exceed fifty linear feet
c) Advertising or signage with corporate logo may be limited in size or location by condition.

PART II. This ordinance shall be effective upon its adoption.