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Kill Devil Hills City Zoning Code

LIGHT INDUSTRIAL

TWO ZONE LI-2

§ 153.205 INTENT.

   (A)   The Light Industrial Two (LI-2) Zone is established to provide standards for the location of commercial services which are required for the development of the town. It is the intent of this section to regulate and buffer such uses so that their location will not be detrimental to adjacent uses.
   (B)   In the LI-2 Zone, buildings or lands shall be used for one or more of the following specified permitted uses or special uses and none other.
(Ord. 91-08, passed 11-18-91; Am. Ord. 99-08, passed 5-10-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 02-09, passed 6-10-02; Am. Ord. 18-4, passed 6-14-21)

§ 153.206 PERMITTED USES.

   Within the Light Industrial Two Zone, the following uses are permitted:
   (A)   Single-family dwellings;
   (B)   Duplex dwellings;
   (C)   Multi-family dwellings of three or more units per dwelling;
   (D)   Hotels and motels;
   (E)   On-site accessory structures; accessory dwelling units;
   (F)   Clinics, hospitals with a maximum of 30 beds;
   (G)   Home occupations as defined herein;
   (H)   Town-owned and leased facilities;
   (I)   Playgrounds;
   (J)   Auditoriums or convention centers, assembly halls;
   (K)   Places of worship, daycare centers, schools (public or private), libraries and buildings for nonprofit service organizations;
   (L)   Banks, financial institutions, business or professional offices;
   (M)   Theaters;
   (N)   Retail business, including drug or grocery stores, hardware stores, electronic equipment, gift shops and clothing shops, automobile sales, service and repair, convenience store, taxicabs;
   (O)   Restaurants, drive-ins and bakeries;
   (P)   Places of business where service is rendered, including barber shops, beauty parlors, electronic repair shops, shoe repair shops, clothes tailor;
   (Q)   Public or private parking lots;
   (R)   Stores or shops for custom work or for producing products to be sold at retail on the premises;
   (S)   Storage or bonded warehouses;
   (T)   Storage yards for building materials, wood and stone;
   (U)   Light manufacturing such as boat construction, cabinet work, stone and concrete works;
   (V)   Machine or blacksmith shops;
   (W)   Motor or freight terminals;
   (X)   Storage of construction equipment;
   (Y)   Swimming pools, tennis courts;
   (Z)   Mobile home parks and trailer parks, mobile homes, trailers and other portable-type housing.
   (AA)   Billiard parlors, video and amusement arcades;
   (BB)   Bed and breakfasts (See § 153.312 for requirements); and
   (CC)   Telecommunications towers.
   (DD)   Shopping center/office complex.
   (EE)   Internet and/or electronic gaming operations as defined in § 153.002 Definitions and regulated in § 153.314 Internet and/or Electronic Gaming Accessory Business Use.
(Ord. 99-08, passed 5-10-99; Am. Ord. 99-09, passed 5-10-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 02-09, passed 6-10-02; Am. Ord. 05-12, passed 8-8-05; Am. Ord. 07-17, passed 10-24-07; Am. Ord. 08-04, passed 1-14-08; Am. Ord. 12-22, passed 11-14-12 ; Am. Ord. 17-28, passed 3-8-21 ; Am. Ord. 18-4, passed 6-14-21 )

§ 153.207 SPECIAL USES.

   (A)   Work force housing.
      (1)   To qualify, a workforce multi-family housing unit shall:
         (a)   Have a sales price of three times 80% or less of median family income or annual rental of 30% of 80% or less of median family income; and
         (b)   Be used exclusively for year-round occupancy by eligible households, and the rentals or sales prices restricted according to the definitions contained in § 153.002.
      (2)   Location of workforce housing units. Workforce housing units shall not be set apart and should be interspersed among the market rate units throughout the workforce housing development and the locations shall be approved by the Board of Commissioners.
      (3)   Ratio. No less than 25% of the units shall be market-rate housing.
      (4)   Exterior appearance. The exterior appearance of the workforce housing units in any covered development shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for workforce housing units as for market rate units.
      (5)   Interior appearance and finishes. Workforce housing units may differ from market rate units with regard to interior finishes and gross floor area provided that:
         (a)   There shall be no differences between the workforce housing units and the market rate units related to energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems.
         (b)   The gross floor area for the workforce housing units shall be no less than 75% of the gross floor area of similar market rate units.
      (6)   Waiver of fees. Projects meeting the eligibility requirements may request a waiver of town fees, including site plan review fees, building permit fees, water service fees, and subdivision fees for the workforce housing units. Approval of a request to waive town fees shall be subject to approval by the Board of Commissioners. Workforce units must meet the standards of this section and are subject to the following requirements.
         (a)   The developer shall submit the development plan to the Blessings Ministries Community Development Corporation’s designee or its successor for review and certification prior to submission for development concessions.
            1.   Rental development. The owner must submit to the Blessings Ministries Community Development Corporation’s designee or its successor for certification annually. If certification is not issued, any concessions will be rescinded and appropriate fees will be due and payable immediately.
      (7)   Restrictive covenants.
         (a)   Restrictive covenants shall be recorded, prior to the issuance of any occupancy permit, naming the town as a grantee and party and granting the town the power to enforce, which contain provisions that:
            1.   Insure that the site shall at all times remain in compliance with this section and the Housing Placement Eligibility System, as it may be amended from time to time, of the Blessings Ministries Community Development Corporation’s designee or its successor;
            2.   Give all subsequent purchasers notice that the site and the living units on the site are subject to the provisions of this section;
            3.   Prevent the modification of the site or its use or withdrawal or modification of the covenants without the consent of the town;
            4.   Prohibit the sale or lease of a housing unit without the receipt by the town of a certification from the Blessings Ministries Community Development Corporation’s designee or its successor that the purchaser or tenant qualifies under the Housing Placement Eligibility System, as it may be amended from time to time, of the Blessings Ministries Community Development Corporation’s designee or its successor.
         (b)   Such covenants shall be in a form satisfactory to the town.
         (c)   Such covenants shall be superior to any liens or encumbrances upon the property and prior to the issuance of an occupancy permit; applicant shall provide the town with a title opinion from a licensed North Carolina attorney indicating that the covenants required herein are superior to all other liens or encumbrances upon the property.
      (8)   Deed of trust. The restrictive covenants and the applicant's or its successor's obligation to comply with the terms of this section shall be secured by a deed of trust in favor of the town, in a form satisfactory to the town. Such deed of trust shall be recorded prior to the issuance of an occupancy permit. The town shall subordinate the deed of trust to the lien of any lender financing the purchase of any of the housing units, upon proof of compliance with the terms of this section and upon certification from the Blessings Ministries Community Development Corporation’s designee, or its successor, of compliance with the Housing Placement Eligibility System, as it may be amended from time to time. Violation of the terms of this section or the terms of the restrictive covenants required above, shall be an event of default under the terms of such deed of trust and shall authorize the town, in addition to any other remedy available, to foreclose upon the property as provided in the deed of trust.
      (9)   Violations. Each sale or rental of a housing unit in violation of this section shall constitute a separate offense. Each day's continuing violation of this section shall be a separate offense. In addition to the remedies provided in this section or in § 10.99 of this Code of Ordinances, the town shall be authorized to recover from the seller or landlord violating this section, any fees that were waived under the provisions of this section, together with attorney fees and other costs and expenses incurred in the collection of such fees. The remedies available to the town shall be cumulative and may be exercised together or separately in the discretion of the town. The exercise of one remedy shall not be construed to be a waiver of any other remedy.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 07-07, passed 5-23-07; Am. Ord. 08-12, passed 3-26-08; Am. Ord. 16-6, passed 11-15-17; Am. Ord. 16-13, passed 5-14-18; Am. Ord. 18-4, passed 6-14-21)

§ 153.208 NONCONFORMITIES.

   See §§ 153.050 et seq.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.209 BUILDING HEIGHT LIMITS.

   (A)   No structure shall exceed a total height of 50 feet.
   (B)   No structure shall have more than four levels of living space.
   (C)   Antennas for personal use, chimneys and elevator towers are exempt from height restrictions.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.210 SITE REQUIREMENTS.

   (A)   Lot dimensions. All parcels shall have a minimum width of 50 feet.
   (B)   Lot area.
      (1)   The minimum building site shall be 15,000 square feet.
      (2)   The minimum building site for a duplex shall be 15,000 square feet.
      (3)   Exempt recombination plats for lots platted prior to June 14, 1983 shall have a minimum lot size of 7,500 square feet.
   (C)   Density.
      (1)   Multi-family dwelling:   The maximum floor area ratio (FAR) shall be up to 0.50 with the following exception described in division (D) below.
      (2)   Hotel and motel:   36 units per acre.
   (D)   Exceptions.
      (1)   Where a lot or parcel of land has an area of less than the above required minimum area and was of record on June 14, 1983, such lot may be occupied by one family, provided the minimum side, front and rear requirements are complied with as set forth in § 153.211.
      (2)   Per division (C)(1) above, increase minimum side yard setbacks by two feet on each side, the FAR shall be up to 0.55.
      (3)   Per division (C)(1) above, increase minimum side yard buffer as set forth in § 153.184 by two feet on each side and items in division (C) above the FAR shall be up to 0.60.
   (E)   Lot coverage.
      (1)   Maximum allowable lot coverage by principal use, all accessory structures, vehicular circulation areas and parking - 65%. (For exceptions, see § 153.082.)
      (2)   Soils classified as wetlands shall be factored into lot coverage calculation based on the following schedule:
         (a)   If the lot is composed of less than 25% of its total area in wetland soils, then 75% of that area classified as wetlands may be used in calculating lot coverage;
         (b)   If the lot has between 25% to 50% of its total area in wetland soils, then 50% of that area classified as wetlands may be used in calculating lot coverage;
         (c)   If the lot has between 50% to 75% of its total area in soils classified as wetlands, then 25% of that area classified as wetlands may be used in calculating lot coverage;
         (d)   If the lot has 75% or more of its total area classified as wetlands, none of that area classified as wetlands may be used in calculating lot coverage.
   (F)   Drainage/stormwater runoff. All development is required to follow the provisions of § 153.070.
   (G)   Land disturbance. See § 153.071.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 04-10, passed 5-26-04; Am. Ord. 05-12, passed 8-8-05; Am. Ord. 16-13, passed 5-14-18; Am. Ord. 17-29, passed 3-8-21; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-4, passed 1-10-22)

§ 153.211 SETBACKS.

   (A)   Buildings erected in the Light Industrial Two Zone for residential purposes, including single- family dwellings, multi-family dwellings, hotels, motels, mobile home parks and trailer parks, mobile homes, trailers, other portable-type housing and such other like buildings, shall abide by the setback requirements of the High Density Residential (RH) Zone governing such buildings.
   (B)   Buildings erected for mixed use, namely for both dwellings and business purposes, shall abide by the setback requirements of the Light Industrial Two Zone except when abutting the RL Zoning District where the setback requirements shall abide by the setback requirements of the RH Zone governing such buildings.
   (C)   Buildings erected in the Light Industrial Two Zone for business or industrial purposes exclusively shall comply with the following setback requirements:
      (1)   Side yard. The minimum side yard shall be ten feet. For any structure over 35 feet in total building height, there shall be two feet of side yard setback for each foot of building height over 35 feet in addition to the minimum side yard setback.
      (2)   Front yard. The minimum size for a front yard shall be 30 feet.
      (3)   Rear yard. The minimum size for a rear yard shall be five feet.
      (4)   Double frontage. Where lots have double frontage, the required front yard setbacks shall be required on both streets.
      (5)   Corner lot. The minimum side street setback shall be 15 feet.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 06-01, passed 2-22-06; Am. Ord. 07-06, passed 4-25-07; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-17, passed 4-26-23)

§ 153.212 SIGNS.

   See § 153.077.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.213 OFF-STREET PARKING, DRIVEWAYS, CURBS.

   See § 153.076.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.214 BUFFERS AND SCREENING.

   See § 153.073.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.215 NOISE LIMITS.

   For uses abutting residential uses, a sound pressure range of less than 60 decibels must be maintained utilizing an "A" weight scale and a slow response for measurements. For purposes of this section, sounds generated at or on a site by its employees, agents or operations are included.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)