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Kill Devil Hills City Zoning Code

GOVERNMENT AND

INSTITUTIONAL ZONE G&1; PUBLIC OWNERSHIP

§ 153.245 INTENT.

   (A)   In order to establish a zoning district to provide the proper location and setting for governmental and institutional operation, structures and equipment necessary for providing public services and the maintenance of public health and well-being, the Board of Commissioners has established the zoning district in this division as the Government and Institutional Zone; public ownership.
   (B)   In the Government and Institutional Zone; public ownership, buildings or lands shall be used for one or more of the following specified permitted uses or special uses and none other.
(Ord. 99-08, passed 5-10-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.246 PERMITTED USES.

   In the Government and Institutional Zone, public ownership, the following uses are permitted:
   (A)   Governmental offices and office buildings;
   (B)   Hospitals, rescue and emergency medical depots and stations;
   (C)   Fire stations, police stations;
   (D)   Schools, colleges, libraries, museums;
   (E)   Community centers, convention centers, publicly owned parks and recreation centers;
   (F)   Storage garages and yards for publicly owned vehicles and equipment;
   (G)   Animal shelters;
   (H)   Public utility operations, including water plants, impoundment yards, solid waste incinerators, communication towers, aircraft tie-down, storage and maintenance facilities;
   (I)   Fueling depots for publicly owned vehicles and any other similar uses that may be deemed necessary for the operation of government services by the Board of Commissioners; and
   (J)   Places of worship.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.247 SPECIAL USES.

   (A)   Overhead transmission systems in accordance with §§ 153.280 - 153.288.
   (B)   Daycare centers provided the facilities meet the following conditions:
      (1)   All uses must be nonprofit as define by the U.S. Internal Revenue Service.
      (2)   A traffic impact analysis may be required to determine and minimize level of service impacts due to existing governmental and educational uses.
      (3)   Administrative office and classroom areas must clearly be a secondary use.
   (C)   Cultural arts centers provided the facilities meet the following conditions:
      (1)   All uses must be nonprofit as defined by the U.S. Internal Revenue Service.
      (2)   A traffic impact analysis may be required to determine and minimize level of service impacts due to existing governmental and educational uses.
      (3)   Shall be open to the public to provide cultural enrichment activities.
      (4)   Administrative office and classroom areas must clearly be a secondary use.
   (D)   Wind turbines.
      (1)   The site size for installation of a wind turbine shall be a minimum of one acre and shall have a separation of a minimum of 100 feet from any other wind turbine tower.
      (2)   Noise limits shall be consistent with § 153.185.
      (3)   The tower height shall not exceed 80 feet. The rotor size shall not exceed 23 feet in diameter. The combined height of the tower and rotor shall not exceed 92 feet above finished grade at the base of the tower.
      (4)   The tower shall be set back from all property lines a minimum distance equal to the combined height of the tower and rotor. In addition, the tower shall be set back from US 158 Bypass (Croatan Highway) and NC 12 (Virginia Dare Trail) a minimum distance of 250 feet.
      (5)   The turbine and tower shall be designed to withstand maximum wind speeds as stipulated in the North Carolina Building Code.
      (6)   The tower shall be self-supporting tubular tower (monopole); self-supporting lattice tower: or a guyed-lattice type tower with a minimum guy radius of 50% of tower height and a maximum guy radius of 90% of tower height. No portion of the tower or guyed wires will interfere with fire lanes.
      (7)   A North Carolina licensed professional engineer must seal all structural plans.
      (8)   The base of the tower shall be secured in such a way to prevent unauthorized climbing.
      (9)   The power processor shall not exceed a rated power of ten kilowatts, and shall have an output of 240VAC, 60 hz, 1Ph. The processor shall be UL certified 1741, and in compliance with IEEE 929 & 519.
      (10)   No lighting (unless required by FAA Regulations) or signage of any kind shall be permitted on the tower or wind turbine.
      (11)   The tower and turbine shall be neutral in color and not create a visual distraction from the ground level.
      (12)   At such time the turbine is no longer functioning the tower shall be removed within 120 days. The tower, turbine and guy wires will meet all applicable FAA Regulations.
      (13)   No type of communications antennae or array, or antennae of any kind shall be allowed to be installed or connected to the wind turbine structure.
   (E)   Meteorological towers.
      (1)   The site size for installation of a meteorological tower shall be a minimum of one acre and have a minimum separation from any other tower on the site of 100 feet.
      (2)   The tower height shall not exceed 100 feet.
      (3)   The tower shall be set back from all property lines a minimum distance equal to the height of the tower. In addition, the tower shall be set back from US 158 Bypass (Croatan Hwy) and NC12 (Virginia Dare Trail) a minimum distance of 250 feet.
      (4)   The tower shall be designed to withstand maximum wind speeds as stipulated in the North Carolina Building Code.
      (5)   The tower shall be self-supporting or guyed tubular (monopole), or self-supporting or guyed lattice tower. Tower guy radius shall be a minimum of 50% of tower height and a maximum of 100% of tower height. No portion of the tower or guy wires shall interfere with fire lanes.
      (6)   All foundation and/or structural plans shall be sealed by a North Carolina licensed professional engineer.
      (7)   The base of the tower shall be secured to prevent unauthorized climbing.
      (8)   The tower and all appurtenances shall meet applicable FAA regulations.
      (9)   No lighting (unless required by FAA Regulations) or signage of any kind shall be permitted on the tower.
      (10)   The tower shall be neutral in color and not create a visual distraction from ground level.
      (11)   At such time as the tower is no longer providing for active data collection, it shall be removed within 120 days.
      (12)   No type of communications antennae or array (other than that required to transmit data over line-of-sight) shall be allowed to be installed or connected to the tower.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 06-20, passed 8-14-06; Am. Ord. 09-02, passed 1-28-09; Am. Ord. 11-22, passed 10-10-11; Am. Ord. 18-4, passed 6-14-21)

§ 153.248 NONCONFORMITIES.

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

§ 153.249 BUILDING HEIGHT LIMITS.

   The general height limitation in the Government and Institutional Zone; public ownership, shall be 35 feet. However, a structure exceeding 35 and in no event greater than 60 feet may be permitted as a special use, after review of the site plan, elevation plans and appropriate setbacks by the Planning Board and final approval by the Board of Commissioners.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.250 SITE REQUIREMENTS.

   (A)   Lot dimensions. None.
   (B)   Lot area. None.
   (C)   Density. None.
   (D)   Exceptions. None.
   (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.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.251 SETBACKS.

   (A)   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.
   (B)   Front yard. The minimum size for a front yard shall be 30 feet.
   (C)   Rear yard. The minimum size for a rear yard shall be 30 feet.
   (D)   Double frontage. Where lots have double frontage, the required front yard setback shall be provided on both front and rear of a double frontage lot.
   (E)   Corner lot. The minimum side street setback shall be 15 feet.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 07-04, passed 3-28-07; Am. Ord. 07-06, passed 4-25-07; Am. Ord. 18-4, passed 6-14-21)

§ 153.252 SIGNS.

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

§ 153.253 OFF-STREET PARKING, DRIVEWAYS, CURBS.

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

§ 153.254 BUFFERS AND SCREENING.

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