§ 710. Overlay Districts

710.1  Thoroughfare Overlay Districts. Thoroughfare overlay districts protect the rural character and natural environment of the area and provide attractive and safe highway corridors and gateways to our communities. It is the goal of these districts to enhance the attractiveness of the area to visitors and residents alike by enforcing overlay uses for landscaping, buffers, driveways, signs, and greater set backs. In all instances, coordination with N.C. Department of Transportation will be encouraged and policies and recommendations of NCDOT will be taken into consideration when administering this Article.

A.

Thoroughfare Corridor Designation and Underlying Zoning. The Thoroughfare Overlay District is hereby established as a district which overlays the zoning in every district along such said Thoroughfare, Highway, Interstate, or Roadway in Onslow County, (excluding municipal boundaries and their extraterritorial jurisdictions).

B.

Location and Interpretation of Districts. The Thoroughfare Overlay District shall be measured beginning from the edge of the public right-of-way on both sides of the thoroughfare. The type of thoroughfare will determine the size of the district:

Interstates	1,000 feet
US and NC Highways	500 feet
Major and Minor Thoroughfares	250 feet

 

C.

Uses within Thoroughfare Overlay District [Reserved].

710.2  Flight Path Overlay District.

A.

Purpose. The main purpose of this district is to ensure the compatibility between air operations associated with Marine Corps Base Camp Lejeune and Marine Corps Air Station New River and land uses on properties near these military bases, in terms of potential interference with safe aircraft operations, potential threats from falling aircraft, and potential impacts of aircraft noise.

B.

Establishment. The Flight Path Overlay District (FPOD) is hereby established as a district that overlays land within and immediately adjacent to designated flight paths towards fixed-wing landing areas and around helicopter landing areas within Marine Corps Base Camp Lejeune and Marine Corps Air Station New River, as delineated on the Onslow county Zoning Map.

C.

Special Uses. To the extent that any of the following uses are permitted by the underlying zoning district, they shall permitted in the Flight Path Overly District only with a Special Use Permit approved under Article XIII and subject to the additional standards of this subparagraph:

1.

Sanitary landfills. This use—which potentially involves significant attraction of birds—shall be allowed only if its size, location, design, and operations are such that the potential impact of interference with overhead aircraft due to the flocks of birds attracted to the landfill is not substantial.

2.

Colleges, schools, child care centers with more than 30 children, hospitals, nursing homes, libraries, churches or assembly halls seating more than 150 people, spectator-oriented sports complexes or stadiums, fairgrounds, racetracks, theaters, auditoriums, hotels and motels with three or more stories, and shopping centers with more than 500,000 square feet of floor area.

These uses—which potentially involve high concentrations of people and/or activities particularly vulnerable to sensitive to noise—shall be allowed only if their size, location, design, and operations are such that the potential loss of life and injury due to falling aircraft and/or the potential adverse impacts on normal activities from noise created by overhead aircraft are not substantial.

3.

Mining and quarrying, fertilizer manufacturing and storage, concrete products production, and asphalt products manufacturing.

These uses—which potentially involve significant airborne emissions of dust—shall be allowed only if their size, location, design, and operations are such that the potential impairment of pilot visibility for overhead aircraft due to the emission of dust is not substantial.

4.

Chemical manufacturing, fertilizer manufacturing and storage, plastic products manufacturing, pharmaceuticals manufacturing, asphalts products manufacturing, refineries, aboveground bulk storage of oil and gasoline, or other similar use that is subject to the accidental release prevention requirements in 40 CFR part 68.

These uses—which potentially involve use and/or storage of significant amounts of materials that are highly explosive, flammable, toxic, corrosive, or otherwise hazardous—shall be allowed only if their size, location, design, and operations are such that the potential loss of life and injury due to the impacts of falling aircraft is not substantial.

D.

Prohibited Uses, Development, Activities. >Any use, development, or activity is prohibited if it:

1.

Produces smoke, dust, or other airborne substances in such amounts as to impair pilot visibility or otherwise interfere with the safe operation of overhead aircraft;

2.

Produces light emissions - either direct or indirect (reflective) - of such intensity and directed in such directions as to impair pilot visibility or otherwise interfere with the safe operation of overhead aircraft; or

3.

Produces electronic emissions that interfere with navigation signals or radio communications between aircraft and landing control facilities or with the aircraft's navigational or communication equipment.

E.  Height Limits. Irrespective of building height limits in the underlying zoning districts, no structure within the Flight Path Overlay District shall have a height of more than 100 feet.