(A)   The Light Industrial One (LI-1) Zone is established to provide standards for the location of commercial services which are required for the development of Kill Devil Hills; such facilities as wholesale food and beverage warehousing, building supply facilities and other similar uses which are required elements of a self-sufficient community. It is the intent of this section to regulate and buffer such uses so that their location will not be detrimental to adjacent uses, the environment and sources of potable water, such as the fresh pond and groundwater.

   (B)   In the LI-1 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)

   In the Light Industrial One 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;

   (G)   Home occupations as defined herein;

   (H)   Town-owned and leased facilities;

   (I)   Playgrounds;

   (J)   Auditoriums or convention centers, assembly halls, museums;

   (K)   Places of worship, day care 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, automobile supplies, convenience store, taxicabs, thrift/consignment shop, furniture stores, art and craft stores, florist, cycle and skate stores, photo shops, rental shops, appliance store, and home care systems;

   (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 and laundromat;

   (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, art galleries, antique stores, jewelry shops, trophy and engraving shops, wood crafts and hobbies, sign business, frame shop, surfboard manufacture shop, embroidering and screen printing;

   (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)   Swimming pools, tennis courts, indoor athletics and exercise facilities;

   (Y)   Bed and breakfasts (See § 153.312 for requirements);

   (Z)   Telecommunications towers;

   (AA)   Billiard parlors, video and amusement arcades;

   (BB)   Gas appliances and propane sales and service; and

   (CC)   Motorcycle repair, maintenance, fabrications and sales.

   (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.

   (FF)   Warehouse, industrial complex.

(Ord. 91-08, passed 11-18-91; Am. 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. 03-03, passed 2-26-03; Am. Ord. 05-12, passed 8-8-05; Am. Ord. 06-04, passed 2-22-06; 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. 13-01, passed 1-14-13; Am. Ord. 17-28, passed 3-8-21 ; Am. Ord. 18-4, passed 6-14-21 )

   (A)   Outdoor recreational activities. Outdoor recreational activities limited to batting cages, miniature golf, ballfields, water rides or driving ranges shall be a conditional use in the Light Industrial One Zone.

      (1)   The site for such activity must be two acres in size.

      (2)   No portion of the principal use, except parking, shall be located within 50 feet of the boundary line if adjoining a residential use or zone or abutting a street that services a residential zone.

      (3)   The height of the structure or device shall not exceed 40 feet above the general ground elevation of the site.

      (4)   No loudspeaker devices for music or other broadcasting or amplification shall be used in connection with such activity so as to create a noise hazard or nuisance.

      (5)   The principal use must be screened by a fence no less than six feet in height and buffered with dense vegetation which is no less than ten feet in height to screen the area from adjoining districts. Where natural vegetation does not provide sufficient screening, the boundaries of the site must be planted with dense vegetation which will reach a mature growth of eight to ten feet within three years. Suitable plant types shall be those recommended by the U.S. Department of Agriculture for coastal areas. (Appendix A)

      (6)   The principal use shall be located in such a manner so as not to act as a traffic hazard for passing motorists and shall not have any spotlight or other lighting devices which shall interfere with either the adjoining uses or property or automotive traffic on adjoining streets or highways.

      (7)   The Planning Board may recommend to the Board of Commissioners and the Board of Commissioners may impose any additional conditions that they determine are appropriate to insure that the off-site effects and any adverse effects to adjoining districts are kept to a minimum.

   (B)   Sexually oriented businesses. Only those businesses defined and provided for in Ch. 112 and provided the following conditions are met:

      (1)   Sexually oriented businesses shall not be located in a building that sells or serves alcohol or alcoholic beverages or allows alcohol or alcoholic beverages to be consumed on the premises;

      (2)   No sexually oriented businesses shall be permitted in any building which is:

         (a)   Located within 400 feet in any direction from a building used as a dwelling in the Light Industrial One Zoning District;

         (b)   Located within 400 feet in any direction from a residential zoning district (Residential Low, Residential High and Ocean Impact Residential), government and institutional zoning district or commercial zoning district;

         (c)   Located within 200 feet in any direction from a building in which a sexually oriented business is located;

         (d)   Located within 1,000 feet in any direction from a building in which a place of worship is located;

         (e)   Located within 1,000 feet in any direction from a building in which a library, school or a state licensed child day care center is located;

         (f)   Located within 1,000 feet in any direction from any lot or parcel on which a public playground, public swimming pool or public park is located.

      (3)   Measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest portion of a building, structure or zoning district listed above;

      (4)   Signs are allowed, as permitted in § 153.077, but may not include promotional displays, flashing lights or photographs, silhouettes, drawings or pictorial representations of any manner depicting sexual activity, themes or nudity;

      (5)   The applicant(s) shall obtain a license in accordance with Ch. 112;

      (6)   The applicant(s) shall conform to the guidelines and provisions outlined in this chapter.

   (C)   Body piercing business. Body piercing establishment that is properly licensed in accordance with the regulations outlined within Ch. 114.

   (D)   Large warehouses. Large warehouses provided the following conditions are met: a document approved by the Town Attorney shall be recorded at the Dare County Register of Deeds that states the following prior to issuing a building permit:

      (1)   Limits the use of the structure to Large Warehouse in accordance with the definition in § 153.002; and

      (2)   The structure shall not be divided into separate warehouse units.

      (1)   Tattoo studio(s) are an establishment at which the activity of tattooing occurs.

      (2)   Shall meet the separation requirements listed below for a minimum distance in a straight line from the property line including a ‘tattoo studio.’

         (a)   Church, school, public park, or libraries: 200 feet.

         (b)   Other tattoo establishments: 400 feet.

      (3)   Health Department or any other applicable agency approval is required.

      (4)   Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.

      (5)   The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions they determine are appropriate based on surroundings.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-02, passed 3-8-93; Am. Ord. 97-05, passed 6-25-97; Am. Ord. 99-05, passed 2-8-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 02-09, passed 6-10-02; Am. Ord. 05-19, passed 10-4-05; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 18-14, passed 9-13-21)

   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)

   (A)   No structure shall exceed a total height of 50 feet.

   (B)   No structure shall have more than four stories 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. 18-4, passed 6-14-21)

   (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: 12 units per acre.

      (2)   Hotel and motel: 36 units per acre.

   (D)   Exceptions. 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 § 153.231.

   (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.

      (3)   Permeable pavement lot coverage calculations:

         (a)   The use of permeable paving systems, including porous concrete, porous asphalt, concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids for parking spaces, drive aisles and vehicular circulation areas, shall allow for a reduction in the calculated lot coverage. Plastic reinforcing grids shall be limited to low-density applications with low traffic speeds. Examples include, but are not limited to, parking stalls in commercial parking lots, overflow parking areas, utility access, emergency vehicle and fire access lanes, and loading areas. Material to fill the open cells of the pavement system types shall consist of open graded fine aggregate, open graded washed aggregate, sod turf grasses native to the southeast coastal environment and exhibit medium to high permeability rates. All permeable paving systems shall comply with the criteria of the North Carolina Division of Water Quality Stormwater Best Management Practices Manual (current edition). The following calculated reductions are allowed:

            1.   Porous concrete without washed stone base - 40% reduction.

            2.   Porous concrete with at least six inches of washed stone base - 60% reduction.

            3.   Porous asphalt, concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids with at least four inches of washed stone base - 40% reduction.

            4.   Porous asphalt concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids with at least seven inches of washed stone base - 60% reduction.

            5.   The pavement section shall consist of the surface course or layer for infiltration, a bedding course (as required), an aggregate storage layer, and a woven geotextile fabric layer to prevent clogging.

            6.   Edge restraints shall be provided on all concrete grid pavers, permeable interlocking concrete pavers, and plastic reinforcing grids to confine the pavement installation. The pavement surface course structural properties shall be designed to withstand the applied vehicular loading pursuant to the specified application.

         (b)   In no case shall the total area that is occupied and obstructed by any structure above the ground, including but not limited to parking and drive aisles, exceed 75% of the area of the lot.

   (F)   Drainage/stormwater runoff. All development is required to follow the provisions of § 153.070.

   (G)   Land disturbance. 

      (1)   General. See § 153.071.

      (2)   LI-1 Fresh Pond Area of Environmental Control (AEC). Developers shall preserve a maximum amount of vegetation around perimeter of site. Where site configuration does not prohibit, developers shall dedicate 10% undisturbed space along the western boundary of site. Regraded and revegetated areas designed to perform as stormwater retention and management areas shall be constructed in the vicinity of the eastern boundary of site.

(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. 13-14, passed 10-14-13; Am. Ord. 17-29, passed 3-8-21 ; Am. Ord. 18-4, passed 6-14-21 )

   (A)   Buildings erected in the Light Industrial One Zone for residential purposes, including single-family dwellings, multi-family dwellings, hotels, motels, 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 RH Zone governing such buildings.

   (C)   Buildings erected in the Light Industrial One 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 setback requirements shall be 15 feet on those sides that abut a street.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 07-06, passed 4-25-07; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-17, passed 4-26-23)

   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)

   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)

   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)

   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)