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Kill Devil Hills City Zoning Code

GOVERNMENT AND

INSTITUTIONAL ZONE G&1; PRIVATE OWNERSHIP

§ 153.265 INTENT.

   (A)   This zoning district is established to provide proper location for privately owned wastewater treatment facilities and multi-family planned unit developments.
   (B)   In the Government and Institutional Zone; private 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. 01-13, passed 11-14-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.266 PERMITTED USES.

   In the Government and Institutional Zone (G&I); private ownership, the following uses are permitted:
   (A)   Single-family dwellings;
   (B)   Duplex structures;
   (C)   Office buildings;
   (D)   Hospitals;
   (E)   Medical depots and stations;
   (F)   Colleges;
   (G)   Libraries;
   (H)   Museums;
   (I)   Convention centers;
   (J)   Town-owned and leased facilities.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.267 SPECIAL USES.

   (A)   Privately-owned wastewater treatment facilities. Privately-owned wastewater treatment facilities may be permitted in the Government and Institutional Zone following a review by the Planning Board and approved as a special use by the Board of Commissioners, provided such facilities meet the following conditions:
      (1)   The owner of any proposed privately-owned wastewater treatment facility shall submit to the Public Services Department a master plan of all proposed transmission lines and customers to be served by the facility; such plan shall indicate the location and relationship of these transmission lines to the town's streets and rights-of-way, and this plan shall be prepared by, and bear the seal of, a North Carolina registered engineer.
      (2)   The owner or operator of any privately-owned wastewater treatment facility shall submit all operational and management reports required by the Division of Environmental Management to the Town Manager in the same manner such reports are submitted to the North Carolina Department of Environment and Natural Resources, Division of Environmental Management.
      (3)   The owner of any proposed privately-owned wastewater treatment facility shall cause to be prepared and submit to the Town Manager emergency operation plans detailing procedures that will ensure health and safety in the event of a prolonged power failure or other occurrence that may have a negative impact on the operational status of the facility.
      (4)   All transmission lines associated with any proposed privately-owned wastewater treatment facility shall conform with the town's specifications for wastewater facilities and their associated line and fixtures.
   (5)   The owner of any proposed privately-owned wastewater treatment facility shall execute an easement agreement approved by the Town Attorney that indicates all private sector parties associated with the proposed facility jointly and severally assume obligation for the maintenance of the proposed facility and all transmission lines associated with its operation.
   (B)   Planned unit developments. Planned unit developments located within this zoning district shall meet the following conditions:
      (1)   Assisted living. A minimum number of units shall be dedicated as assisted living, as defined by § 153.002, as follows:
         (a)   Density of ten units per acre shall have 20% of the total number of units designed and used as assisted living facilities;
         (b)   Density of 12 units per acre shall have 25% of the total number of units designed and used as assisted living facilities;
         (c)   Density of 14 units per acre shall have 30% of the total number of units designed and used as assisted living facilities.
      (2)   Ocean/sound access. All PUD shall make provisions for ocean or sound access by residents and guests. Provisions shall be made at a rate of one parking space per five units with a minimum of five spaces. Other provisions such as shuttle services or shared parking may be approved on a case-by-case basis if deemed appropriate by the Board of Commissioners.
   (C)   Overhead transmission systems in accordance with §§ 153.280 - 153.288.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 06-20, passed 8-14-06; Am. Ord. 18-4, passed 6-14-21)

§ 153.268 NONCONFORMITIES.

   See §§ 153.050 et seq.
(Am. Ord 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.269 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 50 feet may be permitted as a conditional 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. 01-13, passed 11-14-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.270 SITE REQUIREMENTS.

   (A)   Lot dimensions. All parcels shall have a minimum width of 75 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 20,000 square feet.
   (C)   Reserved.
   (D)   Lot coverage.
      (1)   Maximum allowable lot coverage by principal use, all accessory structures, vehicular area and parking - 50%.
      (2)   Formula for lot coverage calculation when wetland soils are a portion of any lot. Soils classified as wetlands shall be factored into lot coverage calculations 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 soils classified as wetlands, then 50% of that area classified as wetlands may be used in calculating lot coverage;
         (c)   If the lot has between 50% and 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 can be used in calculating lot coverage.
      (3)   Lot coverage within an estuarine area of environmental concern (AEC), as defined by the Coastal Area Management Act (CAMA), shall be limited to 20% and a minimum setback from the estuarine waters shall be 50 feet. (Exceptions: boardwalks, gazebos and other pedestrian access structures shall be permitted within the 50-foot setback but must be in accordance with CAMA regulations.)
   (E)   Drainage and stormwater runoff. All sites are required to follow the provisions of § 153.070.
   (F)   Land disturbance. See § 153.071.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 04-10, passed 5-26-04; Am. Ord. 18-4, passed 6-14-21)

§ 153.271 SETBACKS.

   (A)   Side yard. The minimum size for a 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.
      (1)   Single-family and duplex dwellings greater than 6,000 square feet of total gross floor area shall have an additional two feet of side yard setback.
      (2)   Single-family and duplex dwellings greater than 6,000 square feet of total gross floor area equipped with a fire suppression system reviewed, approved, and inspected annually by the Fire Chief or his or her designee, shall be exempt from division (A)(1) above.
   (B)   Front yard. The minimum front yard setback shall be 30 feet from the property line. For flag lots, the front yard setback shall be measured from the point where the lot width meets the minimum width requirements.
   (C)   Rear yard. The minimum rear yard setback requirements on any lot shall be 20% of the total depth of the lot but shall not exceed 30 feet from the rear property line.
   (D)   Double frontage. The required front yard setback for all lots shall be provided on both front and rear of a double frontage lot.
   (E)   Corner lot. The minimum side yard setback requirements on a corner lot shall be 15 feet.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 03-10, passed 6-25-03; Am. Ord. 06-17, passed 8-14-06; Am. Ord. 07-06, passed 4-25-07; Am. Ord. 17-19, passed 5-27-20 ; Am. Ord. 18-4, passed 6-14-21 )

§ 153.272 SIGNS.

   See § 153.077.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.273 OFF-STREET PARKING, DRIVEWAY, CURBS.

   See § 153.076.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.274 BUFFERS AND SCREENING.

   Screening and buffers shall be in accordance with § 153.073.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-13, passed 11-14-01; Am. Ord. 18-4, passed 6-14-21)