The Zoning Administrator designated by the town shall administer and enforce this chapter. The Building Inspector may be directed to discharge the duties and obligations of the Zoning Administrator's office, or a Zoning Administrator may be appointed and provided with the assistance of such other persons as the town may direct. The term ZONING ADMINISTRATOR shall include the Building Inspector when that official has been directed to perform the duties and obligations of the Zoning Administrator. The Zoning Administrator shall have all necessary authority to administer and enforce this chapter, including the ordering of, in writing or verbally, and the remedying of any condition found in violation of this chapter and the bringing of legal action with prior Board approval to insure compliance with this chapter, including injunction, abatement or other appropriate action or proceeding.

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

   (A)   Time limitation to obtain building permit.

      (1)   No building or other structure shall be erected or moved, nor shall any existing building or structure hereafter be altered in any manner, nor will any substantial grading or excavation take place unless and until a building permit, as required by state law, or the rules and regulations promulgated by the appropriate state agency and this chapter has been approved by the Zoning Administrator.

      (2)   Upon final approval of the site plan the Building Inspector may issue a building permit within 365 days from the date of such approval, provided that all other requirements of this chapter and other applicable town ordinances are met. If a building permit is not secured within 365 days from the final approval of the site plan, the applicant must resubmit the site plan for review by the Planning Board and the Board of Commissioners. In the event the applicant certifies to the Planning Director that there have been no intervening ordinance or regulatory changes affecting siting and use, and there is no significant change in the site plan design, then the Planning Director may certify such conditions to the Board of Commissioners. Upon such certification, the Board of Commissioners may give the applicant 90 days in which to secure a building permit. In the event no building permit is secured within the 90-day period the site plan approval extension shall expire and the site plan must be resubmitted through the prescribed site plan approval process as specified in this chapter.

   (B)   Time limitation to commence and continue construction. If the start of construction has not commenced within 180 days from the date of issuance of a building permit, the building permit shall expire. If, after commencement, the work is discontinued for a period of 12 months, the building permit shall immediately expire. No work authorized by any permit or site plan that has expired shall be performed until a new site plan has been approved. If no change has been made in application or town ordinances affecting, the site plan, the Planning Director may reauthorize the site plan and a new building permit issued upon payment of applicable minimum fee and written notification to Board of Commissioners.

(Ord. 91-08, passed 11-18-91; Am. Ord. 93-01, passed 2-8-93; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   The Zoning Administrator shall not approve a building permit for any building for which the Dare County Health Department or any other necessary governmental approval is required until such approval has been given by the Health Department, the appropriate government or the appropriate governmental agency.

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

   No land shall be used or occupied and no building structurally altered, erected, moved, be used or its use changed until an as-built site plan is submitted showing compliance with requirements of federal, state and local government approved plans and the Building Inspector issues a certificate of occupancy stating that the building and land or proposed use thereof complies with the provisions of this chapter and other federal, state and local ordinances as applicable. A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued within three business days after the erection or structural alterations of such building or part shall have been completed in conformity with the provisions of this chapter. A record of all commercial certificates shall be kept on file in the office of the Zoning Administrator or Building Inspector, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building erected. No permit for excavation for or erection of any building or part of a building or for repairs to or alterations of a building shall be issued until after a statement of its intended use has been filed by the applicant.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 05-06, passed 5-25-05; Am. Ord. 07-18, passed 10-24-07; Am. Ord. 18-4, passed 6-14-21) Penalty, see § 10.99

   All site plans, development plans, plats or other plans required to be presented by this chapter for approval by the town shall be accompanied by a filing fee. This filing fee shall be payable to the town and shall be due and payable upon submission of the site plan, plan or plat. The fee required by this section shall be the amount specified in the regularly adopted fee schedule of the town.

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

   (A)   Upon submission of commercial, industrial and multi-family site plans for initial staff review, the developer shall have the site plan prepared, stamped or sealed and signed by persons duly authorized by state law. The site plan shall be submitted with tentative Health Department approval and the developer shall pay all site plan review fees as required by the adopted fee schedule. Fifteen copies of the site plan shall be delivered to the Planning Director who shall distribute same to the heads of the Public Services Department, the Police Department, the Fire Department and such other town officials and departments as the Board may direct. Each such department head and town official shall review the site plan and report any comments or recommendations in writing to the planning staff at which time the planning staff shall meet with the site plan preparer to address recommendations and comments for revision.

   (B)   In addition to any other requirements of the Planning Board or Planning Director, the commercial, industrial and multi-family site plans shall contain the following information:

      (1)   Proper ownership and information, including:

         (a)   Name, address, telephone number and consent of present recorded owner and the map book reference and subdivision title of the site property and the property identification number;

         (b)   Boundary of the entire lot by course and distance;

         (c)   Width and location of the existing rights-of-way;

         (d)   Nature or purpose, location and size of existing easements;

         (e)   Iron pins, 3/8-inch in diameter and 36 inches in length shall be shown and installed at all lot corners, points of tangents and any angle point along a given course of the lot;

         (f)   Plan drawn to at least 1 inch = 10 feet, 1 inch = 20 feet, 1 inch = 30 feet, 1 inch = 40 feet, or 1 inch = 50 feet scale showing north arrow; and

         (g)   Site zoning.

      (2)   Existing features information, including:

         (a)   Streets showing the width of pavement and elevations within the boundaries of the project site;

         (b)   Location of all existing and proposed utilities, including propane and gasoline tanks, above and below grade;

         (c)   All proposed utilities shall be located underground; and

         (d)   Presence or absence of wetlands.

      (3)   Site improvements, including:

         (a)   Proposed building type (masonry, metal or wood) and number of floors and dimensions;

         (b)   Proposed building plan elevations and floor plan;

         (c)   Location and type of all sidewalks and curbs within the site;

         (d)   Location of sanitary sewer facilities with connection to sewer system or septic tank;

         (e)   Locations of signs;

         (f)   Layout and number of parking spaces shown in accordance with this chapter;

         (g)   Outdoor lighting plan, security lights and NCDOT approved lights;

         (h)   Existing and finished grades shown for the entire site;

         (i)   Dumpster pad locations;

         (j)   A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre;

         (k)   Uniform street address;

         (l)   Landscaping plan;

         (m)   Lot coverage;

         (n)   Inventory of significant natural features or vegetated areas affecting the site;

         (o)   N.F.I.P. Flood Zone;

         (p)   Boundaries of all AECs; and

         (q)   Sedimentation and erosion control plan.

      (4)   Right-of-way improvements shall be made in accordance with the duly adopted written policy, as amended from time to time by the Board of Commissioners, which is on file with the Town Clerk.

      (5)   Stormwater management plan and calculations as specified in § 153.070.

      (6)   In addition to the building permit, a permit for any construction within the public right-of-way shall be obtained prior to commencing any work.

      (7)   Inspections of sites involving public rights-of-way and inspections of any on-site construction shall be made by the town.

   (C)   Upon submission of a new structure, moved structure or addition to single-family or duplex dwelling site plans for initial administrative review prior to any inspections, the applicant shall have the site plan/building plan prepared, sealed and signed by persons duly authorized by state law as necessary and a survey sealed and signed by a North Carolina licensed surveyor locating the house and all appurtenances on the lot. The site plan shall be submitted with Health Department permits, consent of present recorded owner, and the applicant shall pay all site plan review fees as required by the adopted fee schedule. Two copies of the site building plan stamped by the Health Department shall be delivered to the Planning Department, who shall distribute to the heads of the Public Services Department and such other town officials and departments as may be appropriate.

   (D)   In addition to any other requirements of the Planning Department, the new structures, moved structures and additions to single-family or duplex dwelling site plan shall contain the following information:

         (a)   Owner(s);

          (b)   Lot number(s), block, subdivision;

         (c)   PIN number and parcel number;

         (d)   Zoning district;

         (e)   Flood zone (ground elevation and first floor elevations);

         (f)   Street address;

         (g)   Lot square footage;

         (h)   Lot coverage calculations;

         (i)   Setbacks;

         (j)   Areas of environmental concern;

         (k)   Building footprint;

         (l)   Covered decks;

         (m)   Open decks;

         (n)   Pools, hot tubs, accessory structures;

          (o)   Paved/maintained street;

         (p)   Water tap location;

         (q)   Septic tank and drainfield location;

         (r)   Required parking clearly drawn;

          (s)   Driveways, sidewalks and patios.

         (a)   Heated square footage;

         (b)   Unheated square footage;

          (c)   Building height;

          (d)   Floor plans;

         (e)   Number of bedrooms;

          (f)   Elevations;

         (g)   Foundation plan.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 04-03, passed 3-24-04; Am. Ord. 14-26, passed 2-9-15; Am. Ord. 18-4, passed 6-14-21)

   Dimensional requirements and development standards shall be in accordance with the zoning district in which the building is located. For new construction, substantial improvements or substantial damage, a development utilizing more than one lot shall be recombined in accordance with § 152.59 Recording of Exempt Plats or the lots shall be encumbered by legal agreement approved by the town for the duration of the development on the lots.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 15-8, passed 9-21-15; Am. Ord. 15-14, passed 4-11-16; Am. Ord. 18-4, passed 6-14-21)

   (A)   Prior to preparing a site plan for commercial, multi-family and special use applications, the preparer should obtain a site plan requirements list from the Planning Department. This check list covers most items required on site plans, and the site plan preparer should address all items on the list before submitting a site plan. Applicants are encouraged to review their particular cases with the staff in a sketch plan meeting prior to submission of formal application. A sketch plan review by the Planning Board may be recommended.

   (B)   (1)   On or before the third Tuesday of the month prior to Planning Board review, site plan preparer submits the following to the Planning Department staff:

         (a)   Fifteen copies of the site plan, all items on checklist addressed and an engineer's seal on the plan;

         (b)   Letter of tentative Health Department approval, from the local or state agency having jurisdiction;

         (c)   Site plan review fee.

      (2)   The application is then circulated to the appropriate town departments for staff review I.

   (C)   Staff comments I due to Planning Department on Monday following receipt of plans.

   (D)   On the fourth Tuesday of the month, site plan preparer meets with the planning staff for a preliminary review of the site plan. This meeting will include discussion of recommendations from the town departments.

   (E)   On the first Tuesday of the following month, the site plan preparer submits 15 copies of the site plan, revised to address issues raised by the staff at the preliminary site plan review meeting.

   (F)   On the following Wednesday, staff review II begins.

   (G)   On the following Monday, staff comments II are due to the Planning Department.

   (H)   On the second Friday of the month, Planning Board packets will be ready. Copies of the Planning Department staff comments to the Planning Board will be available to site plan preparers. Comments can be obtained after 1:00 p.m. Friday at the Planning Department.

   (I)   On the third Tuesday of the month, the Planning Board will review the site plan. They will make recommendations to the Board of Commissioners such as: approval as submitted, approval with conditions, disapproval or that the plan be tabled to allow the preparer to address the Planning Board's concerns. In the event that the plan is tabled by the Planning Board, the tabling motion shall expire two years from the date of the tabling motion. Such plan shall be reconsidered only after the applicant:

      (1)   Pays the full site plan review fee; and

      (2)   Resubmits the plan through the prescribed site plan approval process as specified in this chapter.

   (J)   If the Planning Board forwards the plan to the Board of Commissioners, the site plan preparer must submit 15 copies of the site plan, addressing any and all conditions, to the Planning Department by the fourth Tuesday of the month in order to be considered at the Board of Commissioners' regular meeting the next month.

   (K)   On the first Monday of the following month, staff comments and revised site plan will be sent to the Administration Department by 5:00 p.m.

   (L)   After 1:00 p.m. on the Friday before the Board of Commissioners meeting, copies of staff comments can be obtained at the Administration Department.

   (M)   The Board of Commissioners will review site plans on the second Monday of the month. At that time the Board of Commissioners will approve, conditionally approve, disapprove or table the proposed project.

   (N)   Once a site plan has the Board of Commissioners' approval, the Building Inspector may issue a building permit during the next 365 days, provided that all other requirements of this chapter and other applicable town ordinances are met. If a building permit is not secured within 365 days from final approval of the site plan, the site plan approval expires and the applicant must resubmit the site plan for review by the Planning Board and the Board of Commissioners. In the event the applicant certifies to the Planning Director that there have been no intervening ordinance or regulatory changes affecting siting and use and there is no significant change in the site plan design, then the Planning Director may certify such conditions. Upon such certification, the Planning Director may give the applicant 90 days in which to secure a building permit. In the event no building permit is secured within the 90-day period, the site plan approval extension shall expire and the site plan must be resubmitted through the prescribed site plan approval process as specified in this chapter.

   (O)   Rejected site plans may be resubmitted in accordance with this chapter when redrafted to meet the specifications of this chapter and upon payment of the required fees.

(Ord. 91-08, passed 11-18-91; Am. Ord. 92-06, passed 5-11-92; Am. Ord. 93-01, passed 2-8-93; Am. Ord. 97-16, passed 1-28-98; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   (A)   The Planning Board shall review site plans. Upon completion of the review, the Planning Board may recommend approval, recommend approval with specific requirements and conditions, table for further study or additional information, or recommend disapproval. The Planning Board's recommendation shall be transmitted to the Board of Commissioners. The Board of Commissioners shall review site plans after the review and recommendation by the Planning Board. They may approve, approve with specific requirements and conditions, table for further study or additional information, return to the Planning Board for further study or review, or disapprove any site plan. A rejected site plan may be resubmitted in accordance with this chapter when redrafted to meet the specifications of this chapter and upon payment of the required fees.

   (B)   Tentative approval of a tri-party agreement for Wastewater Treatment or Health Department tentative approval shall be included with submission of the site plan. A final, recordable copy of the tri-party agreement shall be presented by the developer prior to the issuance of a building permit or presentation of a valid wastewater disposal permit.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 04-13, passed 9-13-04; Am. Ord. 18-4, passed 6-14-21)

   If following the final approval, the owner or developer desires to make a change to the structure, associated site features or use, the change must be reviewed by the Planning Board in accordance with the provisions of this chapter and approved by the Board of Commissioners or meet the following criteria for administrative approvals:

   (A)   Administrative approval for non-conforming structures and uses.

      (1)   Non-conforming single-family and duplex dwellings. Administrative approval may be authorized for remodel, reconstruction/repair or additions where additional non-conformities are not created.

      (2)   Non-conforming commercial and institutional structure:

         (a)   Administrative approval may be authorized for remodel, change of use, reconstruction/repair (no change to total dimensions) within the existing footprint of the structure in accordance with § 153.053.

         (b)   Administrative approval may be authorized for additions which will not create or increase any nonconformity in accordance with § 153.053 as follows:

            1.   Additions to site features not exceeding 50% of the existing site feature less than six inches above finished grade may be granted if the addition meets all the requirements of this chapter.

            2.   Additions greater than six inches above finished grade may be granted if additions do not exceed 500 square feet of gross floor area and meet all the requirements of this chapter.

         (c)   Administrative approval may be authorized for outdoor waiting activity areas provided that it will not create or increase any nonconformity in accordance with § 153.053 and meets the following conditions:

            1.   Outdoor waiting activity area(s) shall be accessory to restaurant use only, not including drive-in restaurants.

            2.   Outdoor waiting activity area(s) shall have no scheduled events or activities before 7:00 a.m. nor after 11:00 p.m. on any day. There will be no music or games between 11:00 p.m. and 7:00 a.m.

            3.   No cooking or serving utilities including grills, bars or drink dispensers shall be permitted. All such cooking and serving utilities shall be contained within the principal building.

            4.   Lighting and sound (including music or noise) must comply with the Town Code. Signage shall comply with the Town Code, including signs on umbrellas.

            5.   The area must be kept clean of litter and maintained in a safe and sanitary condition.

            6.   Appropriate waste receptacles with affixed lids shall be provided.

            7.   On sides not adjoining the principal structure the area designated as outdoor waiting activity area(s) shall be bordered by a minimum four foot high fence, with the exception of elevated, covered decks for which fencing requirements are already in place, and shall be buffered with landscaping as set forth in § 153.073(F)(2)(b).

            8.   Outdoor waiting activity area(s) may not be roofed or shaded in any way other than standard table umbrellas. Erection of a tent subject to a special use or event permit from the town is not prohibited.

            9.   Outdoor waiting activity area(s) shall comply with minimum parking requirements for the primary structure as set in § 153.076.

         (d)   Changes in plan not meeting division (A)(2)(a), (b) or (c) above must follow the site plan review process in this chapter.

   (B)   Administrative approval for conforming structures.

      (1)   Administrative approval may be authorized for remodel, change of use, reconstruction/repair (no change to total dimensions) within the existing footprint of the structure.

      (2)   Administrative approval may be authorized for additions to commercial and institutional structures as follows:

         (a)   Additions less than six inches above finished grade may be granted if the addition meets all the requirements of this chapter.

         (b)   Additions greater than six inches above finished grade may be granted if additions do not exceed 500 square feet of gross floor area and meet all the requirements of this chapter.

         (c)   Outdoor waiting activity area subject to the following:

            1.   Outdoor waiting activity area(s) shall be accessory to restaurant use. This section shall not apply to drive-in restaurants.

            2.   Outdoor waiting activity area(s) shall have no scheduled events or activities before 7:00 a.m. nor after 11:00 p.m. on any day. There will be no music or games between 11:00 p.m. and 7:00 a.m.

            3.   No cooking or serving utilities including grills, bars or drink dispensers shall be permitted. All such cooking and serving utilities shall be contained within the principal building.

            4.   Lighting and sound (including music or noise) must comply with the Town Code. Signage shall comply with the Town Code, including signs on umbrellas.

            5.   The area must be kept clean of litter and maintained in a safe and sanitary condition.

            6.   Appropriate waste receptacles with affixed lids shall be provided.

            7.   On sides not adjoining the principal structure the area designated as outdoor waiting activity area(s) shall be bordered by minimum four foot fence, with the exception of elevated, covered decks for which fencing requirements are already in place, and shall be buffered with landscaping as set forth in § 153.073(F)(2)(b).

            8.   Outdoor waiting activity area(s) may not be roofed or shaded in any way other than standard table umbrellas. Erection of a tent subject to a special use or event permit from the town is not prohibited.

            9.   Outdoor waiting activity area(s) shall comply with minimum parking requirements for the primary structure as set forth in § 153.076.

   (C)   State of emergency approvals.

      (1)   When a state of emergency is declared by the Mayor, permits for all reconstruction/repair to damaged commercial industrial and institutional sites may be administratively approved subject to the following conditions:

         (a)   The repair will not make the property more nonconforming than prior to the damage.

         (b)   The reconstruction/repairs are in the same footprint and same dimensions as prior to the damage.

         (c)   The damage is less than 50% of the structure valuation prior to the damage.

      (2)   If these conditions (items (a) to (c), above) cannot be met, the Planning Board and Board of Commissioners shall review the application subject to regulations in § 153.357.

   (D)   Administrative approval procedures.

      (1)   All plans for remodel, change of use, reconstruction/repair and additions shall meet regulations outlined in § 153.355, including the following minimum requirements:

         (a)   Current survey and site plan (seven copies for commercial) with proposed changes drawn to scale sealed by a North Carolina licensed surveyor, engineer, or architect;

         (b)   Written health department approval for improvements;

         (c)   Changes to floor plan and building elevations when applicable;

         (d)   Applicable review fees paid.

      (2)   Commercial plans will be reviewed by:

         (a)   The Public Services Department;

         (b)   The Police Department;

         (c)   The Fire Department;

         (d)   Other departments or agencies, if applicable.

      (3)   All staff and departmental conditions shall be addressed prior to issuance of a building permit.

      (4)   The Planning Director or his designee will provide written approval to the building inspector prior to issuance of a building permit.

      (5)   The administrative approval time frame shall be approximately ten business days if all requirements are met.

      (6)   Other projects not meeting the regulations of this section will be subject to § 153.357.

      (7)   If administrative approval is denied, the application shall be reviewed by the Planning Board and Board of Commissioners subject to regulations in § 153.357.

   (E)   Administrative approval for conforming conditional use site plans. Additions to site features, not exceeding 50% of the existing site feature, less than six inches above finished grade may be granted if the addition meets all the requirements of this chapter.

(Ord. 92-03, passed 1-22-92; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 03-17, passed 12-8-03; Am. Ord. 07-18, passed 10-24-07; Am. Ord. 11-11, passed 6-13-11; Am. Ord. 13-16, passed 10-14-13; Am. Ord. 14-04, passed 3-10-14; Am. Ord. 18-4, passed 6-14-21)

   (A)   Rights granted in accordance with the provisions of this chapter shall vest for a period of one year only upon site plan approval by the Board of Commissioners or administrative approval, excepting site specific vesting plans. This provision is not intended to extend or reduce any time requirements set forth in the North Carolina General Statutes (G.S.§ 160D-108), North Carolina Building Code, the town code or any other governmental regulation applicable to the project for which the site plan approval is granted.

   (C)   A site specific vesting plan. A vested right established by a site specific vesting plan shall run for a period of two years from the date of the approval of the development application. For the purposes of this section, a site specific vesting plans shall be as follows:

      (1)   A special use permit approved by the Board of Commissioners.

      (2)   Subdivision final plat approval.

   (D)   Multi-phase development plan. A multi-phase development plan is vested for a period of seven years from the date of approval by the Board of Commissioners. A multi-phase development plan is vested for the entire development with the zoning and subdivision regulations in place at the time of approval. For the purposes of this section, a multi-phase development shall mean a development containing 15 acres or more that is submitted for development approval to occur in more than one phase and is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of approval of the master development approval plan. Multi-phase developments shall be subject to approval as special use permits according to § 153.363.

   (E)   Development agreement as approved by the Kill Devil Hills Board of Commissioners according to the provisions of G.S. § 160D, Art. 10.

   (F)   The procedures for administrative development approval are set forth in § 153.363.

   (G)   The procedures for final plat approval are established in the Subdivision Ordinance, Chapter 152, of the Kill Devil Hills Code of Ordinances.

   (H)   The procedures for a special use permit are set forth in § 153.363.

      (1)   Each site-specific vesting plan shall include the information required by Kill Devil Hills for approval as a special use permit.

      (2)   Each site-specific vesting plan shall follow the notice and hearing procedures for special use permits.

      (3)   An approved site specific vesting plan and its conditions may be amended with the approval of the applicant and Kill Devil Hills in the same manner as required for the special use permit.

      (4)   The Kill Devil Hills Board of Commissioners may extend the vesting period up to five years following the same notice and hearing procedures used for the original vesting approval upon finding that:

         (a)   The permit (approval) has not yet expired;

         (b)   Conditions have not changed so substantially to warrant a new application; and

         (c)   The extension is warranted in light of other relevant circumstances as determined by the Board of Commissioners.

      (5)   Following the establishment of a vested right upon the approval of a site-specific vesting plan, the Planning Director shall issue a written statement acknowledging the vested right which describes the duration of the vesting plan and other information deemed necessary to administer the vested right.

      (6)   The vested right shall confer upon the landowner the right to undertake and complete the development use of the property as established in the site-specific vesting plan. Failure to comply with the approved terms and conditions of the site-specific vesting plan shall result in a forfeiture of vested rights. A vested right shall attach to and run with the land.

   (I)   Limits of site-specific vesting plans.

      (1)   Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval of the Kill Devil Hills Zoning Ordinance. The development remains subject to subsequent review and approvals to ensure compliance with the terms and conditions of the original approval.

      (2)   The establishment of a vested right according to the ordinance shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances that are general in nature and applicable to all property subject to land use regulations by Kill Devil Hills.

      (3)   New and amended zoning regulations that would apply except for the vested right shall become effective upon the expiration of termination of the vested right established by the ordinance.

      (4)   Upon issuance of a building permit, the expiration provisions of G.S. § 160D-1111 and G.S. § 160D-1115 shall apply except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right is outstanding.

      (5)   Any vested right for a site-specific vesting plan is subject to the exceptions set forth in G.S. § 160D-108.1.

      (6)   Notwithstanding any provision of this section, the establishment of a vested right under this section shall not preclude change, or impair the authority of Kill Devil Hills to adopt and enforce development regulation provisions governing non-conforming uses or situations.

      (7)   A sketch plan or document that fails to describe the type and intensity of use for a specific parcel or parcels of land does not constitute a vesting plan. A variance shall not constitute a site-specific vesting plan or a condition of approval to secure a variance constitute a site-specific vesting plan.

(Ord. 98-04, passed 6-22-98; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-04, passed 6-27-01; Am. Ord. 02-14, passed 7-24-02; Am. Ord. 18-4, passed 6-14-21)

   (A)   Single-family detached and duplex residential dwellings.

      (1)   All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The application shall include such other information as may be required by the laws of the United States, the state, the county or this chapter, including:

         (a)   Existing or proposed buildings or alterations;

         (b)   Existing or proposed uses of the building and land;

         (c)   The number of families, housekeeping units or rental units the building is designed to accommodate;

         (d)   Conditions existing on the lot; and

         (e)   Any other matters which may be necessary to determine conformance with, and provide for, the enforcement of this chapter. Any application and supporting materials may be submitted by the official administering this chapter to the various department supervisors of the town, and those department supervisors shall respond to the submitting official prior to the expiration of the building permit letting period.

      (2)   One copy of the plans shall be returned to the applicant by the Building Inspector, after the Building Inspector and the Zoning Administrator have marked the copy either as approved or disapproved and attested to the same by their signatures on such copy. The second copy of the plans, similarly marked, shall be retained by the Inspections Department.

   (B)   Multi-family, group development projects, group housing projects and commercial buildings; generally.

      (1)   Site plans for the uses listed in this section, when listed as permitted uses within a district, must be reviewed by the Planning Board in accordance with the provisions of this chapter and approved by the Board of Commissioners, including:

         (a)   Multi-family residential dwelling containing three or more dwelling units;

         (b)   Group development projects consisting of two or more principal buildings devoted to a common or similar use and constructed on a single lot where permitted in the specified districts established by this chapter;

         (c)   Apartment buildings;

         (d)   Condominiums;

         (e)   Townhouses;

         (f)   Hotels, motels or motor lodges;

         (g)   Business, commercial or industrial buildings;

         (h)   Recreation or entertainment parks, centers or structures and night clubs;

         (i)   Docks, piers, marinas and all over-the-water structures except private over-the-water piers, boathouses and bulkheads accessory to a single- or two-family private dwelling; and

         (j)   All other uses except single-family detached and duplex residential dwellings.

(Ord. 91-08, passed 11-18-91; Am. Ord. 92-03, passed 1-22-92; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

      (1)   Prior to review by the Planning Board and the placing of a site plan upon the agenda of the Planning Board for comment, all town department reports and recommendations shall be filed with the Planning Director.

      (2)   All evidence of applications and all supplementary, nonlocal permits and approvals necessary for the particular project shall be filed with the Planning Director.

      (3)   On any site containing more than ½ acre, the necessary land disturbing permit shall have been secured, and the plans approved commensurate with local ordinances shall be filed as a part of the application.

      (4)   If there is any change in the office of the Planning Department, such items shall be filed with the appropriate municipal official prior to the matter being considered and placed on the agenda of the Planning Board.

      (1)   A quasi-judicial hearing by the Board of Commissioners will be required for all special use decisions.

      (2)   The Planning Board may provide preliminary forum for review of quasi-judicial decision, provided that no part of the forum recommendation may be used as a basis for the deciding board.

      (3)   The quasi-judicial hearing shall be conducted in accordance with provisions of § 153.363.

      (4)   Any party may appear in person, or by agent or attorney.

      (5)   Before the Board of Commissioners may grant any special use permit, the Board shall make affirmative findings that:

         (a)   The applicant has met the requirements of this chapter and any other applicable ordinances and state law;

         (b)   The use will not materially endanger the public health and safety if located where proposed and developed according to the plan as submitted;

         (c)   The use, as proposed, will not overburden the firefighting capabilities and the municipal water supply capacity of the town as such facilities and capabilities will exist on the completion date of the special use for which application is made.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 03-17, passed 12-8-03; Am. Ord. 18-4, passed 6-14-21) Penalty, see § 10.99

      (1)   Planning Director or designee shall give written notice to the landowner and applicant (if different than owner) of the determination of the development application. The written notice shall be delivered by personal delivery, electronic mail or first-class mail. If delivered by first class mail, the determination shall be deemed received ten days from date of deposit with the United States Postal Service. Electronic notification shall be deemed received on date sent.

      (1)   Shall be reviewed by the Planning Board and Board of Commissioners.

      (2)   Zoning map amendments.

         (a)   Zoning map amendment hearing notification shall be mailed via first class mail to the owners of the affected property and all parcels of land abutting that parcel of land at least ten days but not more than 25 days prior to the hearing.

         (b)   The town shall prominently post the notice of a zoning map amendment hearing on the site proposed for amendment or an adjacent public street or highway. The notice shall be posted in the same time period as the mailed notices.

         (c)   The town shall publish the notice of a zoning map amendment hearing once a week for two consecutive weeks not less than ten days or more than 25 days before the scheduled hearing date.

         (d)   The town shall post notice of a zoning map amendment hearing on the Kill Devil Hills webpage not less than ten days or more than 25 days before the scheduled hearing date.

         (e)   Large scale zoning map amendments of 50 lots or greater, shall follow notification procedures as outlined in G.S. § 160D-602(b) (as amended).

      (3)   Zoning text amendments.

         (a)   The town shall publish the notice of a legislative hearing once a week for two consecutive weeks not less than ten days or more than 25 days before the scheduled hearing date.

         (b)   The town shall post notice of a legislative hearing on the Kill Devil Hills webpage not less than ten days or more than 25 days before the scheduled hearing date.

         (c)   Mailed notification are not required by North Carolina Law.

         (d)   Other notice procedures may be implemented based on the specifics of the request and the number of properties involved in the amendment.

      (1)   Special use permits shall be heard by the Board of Commissioners. The Planning Board shall provide a preliminary forum for review of special use permits.

      (2)   Variances and appeals of administrative decisions shall be heard by the Zoning Board of Adjustment.

      (3)   Certificates of Appropriateness shall be heard by the Historic Landmark Comission.

      (4)   Notification of evidentiary hearing as listed above.

         (a)   Hearing notification shall be mailed via first class mail to the owners of the affected property and all parcels of land abutting that parcel of land at least ten days but not more than 25 days prior to the hearing. The Board may continue a hearing that has been convened without further notification. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular Board meeting without further advertisement.

         (b)   The town shall prominently post the notice of hearing on the site proposed for amendment on an adjacent public street or highway right-of-way. The notice shall be posted in the same time period as the mailed notices.

         (c)   The town shall publish the notice of a legislative hearing once a week for two consecutive weeks not less than ten days or more than 25 days before the scheduled hearing date.

         (d)   The town shall post notice of a legislative hearing on the Kill Devil Hills webpage not less than ten days or more than 25 days before the scheduled hearing date.

(Ord. 18-4, passed 6-14-21)

   (C)   Administrative staff. No staff member shall make a final decision on an administrative decision required by the chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member, or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, decision shall be assigned to the supervisor of the staff person or such person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the town.

(G.S. § 160D-109) (Ord. 18-4, passed 6-14-21)

   (A)   Any work or activity subject to regulations pursuant to this chapter or other applicable local development regulations or any state law delegated to the local government is undertaken in substantial violation of any state to local law, or in a manner that endangers life or property, staff may order that work or activity to be immediately stopped.

   (B)   When an activity is undertaken in violation of the development regulations adopted pursuant to this chapter or other local development regulations or any state law delegated to the local government for enforcement purposes, a notice of violation can be issued in accordance with § 10.99. Notice of violation may be posted on the property.

(Ord. 18-4, passed 6-14-21)

   The following table shall serve as a guide for determining minimum plant size.

 

 

   (A)   Sprigging and plugging of all turf grass varieties is most successful when accomplished between March 15 and April 15. Sod may be laid at any time, though irrigation is essential for sod establishment during the growing season.

   (B)   The winter rye grain and fescue grass are cool-season adaptable, for example, they can be used for overseeding permanent lawn areas for winter color. They will not perform year round as their shallow root system cannot tolerate the heat of our summer months.

   (C)   Ground covers can be substituted for lawn grasses. Several adaptable plants are:

      (1)   English ivy (Hedera Helix): grows rapidly once established, needs shade first year or two of growth, 4 inches high.

      (2)   Common periwinkle (Vinca Minor): shade, blue flower, 6 inches to 8 inches high.

      (3)   Border grasses (liriope Muscare, Ophiopogon): spreads slowly, sun or shade, many variety species, 4 inches to 12 inches high.

      (4)   Japanese spurge (Euphorbia Japonica): shade, 8 inches high.

      (5)   Junipers (Juniperus, spp.): (same genera) sun, dry, 4 inches to 12 inches high.

      (6)   Blue fescue (Festuca, spp.): sun, will not form solid carpet.

 

 

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

   No person may initiate any land-disturbing activity on ½ or more contiguous acres as covered by the soil erosion and sedimentation control ordinance before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Zoning Administrator of the town of Kill Devil Hills. (Please type or print and, if question is not applicable, place N/A in the blank.)

PART A.

1.   Project Name                                                                                                                  

2.   Location of land-disturbing activity:                                                                                                                                                                                                                                                                                                                                                                                                                         and Highway Street                                                                    

3.   Approximate date land-disturbing activity will be commenced:                                                                                                                                                                                                                                                                                                                                       

4.   Purpose of development (residential, commercial, industrial and the like):                                                                                                                                                                                                                                                                                                                        

5.   Approximate acreage of land to be disturbed or uncovered:                                                                                                                                                                                                                                                                                                                                          

6.   Has an erosion and sedimentation control plan been filed?                                                      

   Yes                     No                       

7.   Person to contact should sediment control issues arise during land-disturbing activity:

   Name                                                           

   Telephone                                                     

8.   Landowner(s) of Record (use blank page to list additional owners): Name(s)                                                                                                                                                                        

Current Mailing Address            Current Street Address

City      State      Zip         City      State      Zip

9.   Recorded in Deed Book No.                                    Page No.                                            

PART B.

1.   Person(s) or firm(s) who are financially responsible for this land-disturbing activity (use a blank page to list additional persons or firms):                                                                                                                                                                                                                                

Name of Person(s) or Firm(s)

Mailing Address               Street Address

City      State      Zip         City      State      Zip

Telephone                  Telephone

2.   (a)   If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the North Carolina Registered Agent.

Name

Mailing Address               Street Address

City      State      Zip         City      State      Zip

Telephone                  Telephone

(b)   If the Financially Responsible Party is a Partnership, give the name and street address of each General Partner (use blank sheet to list additional partners). If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent.

Name

Mailing Address               Street Address

City      State      Zip         City      State      Zip

Telephone                  Telephone

The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the financially responsible person if an individual or his attorney-in-fact; or if not an individual, by an officer, director, partner or registered agent with authority to execute instruments for the financially responsible person.) I agree to provide corrected information should there be any change in the information provided herein.

Type or print name               Title or Authority

Signature                  Date

I,                   , a Notary Public of the County of           , State of North Carolina, hereby certify that                                      appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him.

Witness my hand and notarial seal, this           day of                 20       .

            SEAL                                       

                              Notary

                              My commission expires:                   

(Am. Ord. 18-4, passed 6-14-21)

   The following pages contain calculations of several signs that are permitted in the town of Kill Devil Hills.

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

Name                                                               

Address                                                      

Explanation of request                                      
                                                       

Present zoning classification                                                    

Zoning change request                                                      

Applicable request as set out in                                                           

We understand a Planning Board action will be in accordance with site plan procedure section         . We also understand § 153.039 requires a fee as adopted and amended from time to time by the Board of Commissioners plus associated procedural costs shall be paid to the town with the application.

We attach the following data for review:

1)   Legal description of property

2)               Application fee

3)   15 copies of current tax map

4)   15 copies of boundary survey

Please make check in the amount of                payable to the Town of Kill Devil Hills.

Signature of Applicant      Date of application

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

Application No. ___________                     Form 1

   Month                 Day                Year

TO THE KILL DEVIL HILLS BOARD OF ADJUSTMENT:

I, __________________________________________, hereby appeal to the Board of Adjustment from the following adverse decision of a Zoning Administrator of the Planning Department:

This adverse decision was made with respect to property described in the attached form entitled "Application for a Hearing."

I, __________________________________________, hereby request an interpretation of:

( ) the zoning map

( ) the following section(s) of the text of the ordinance:

insofar as the map and/or the ordinance relates to the use of the property described in the attached form entitled "Application for a Hearing."

STATEMENT BY APPELLANT: (In the space provided below, or on the back of this form, present your interpretation of the ordinance provisions in question and state what reasons you have for believing that your interpretation is the correct one. In addition, state what facts you are prepared to prove to the board of adjustment that should lead the board to conclude that the decision of the zoning administrator was erroneous.)

STATEMENT BY THE PLANNING DEPARTMENT STAFF:

(1) Staff believes that the ordinance sections in question should be interpreted as follows:

(2) The reasons for the above stated interpretation are as follows:

(3) Based upon this interpretation of the ordinance, Appellant was denied a permit. For the following reasons, based upon the following facts which Staff is prepared to demonstrate to the Board of Adjustment, the decision of the Zoning Administrator should be upheld:

I certify that all of the information presented by me in this application is accurate to the best of my knowledge, information and belief.

                                                      

                        Signature of Applicant

See Attachments

(Am. Ord. 18-4, passed 6-14-21)

                                    Form 2

The Board of Adjustment for the town of Kill Devil Hills, having held a public hearing on ______________ to consider application number ________ submitted by                                                                        

a request for an interpretation of (the zoning map) (Section(s) ________ of the zoning ordinance) insofar as the map and/or the ordinance affect the use of the property located at                                             and

having heard all of the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS:

   1. There was substantial evidence in the record to show the following FACTS:

   2.   (a) The resolution of this case depends solely upon an interpretation of the ordinance language, without regard to the particular facts of this case. Therefore, it is the Board of Adjustment's CONCLUSION that the following section or provisions of the ordinance shall in this case and hereafter be interpreted as follows:

   or

      (b) The resolution of this case depends upon an interpretation of words or phrases in the ordinance that can only be interpreted in the light of a particular factual context. Consequently, for purposes of this case only, and for the following reasons, it is the board of adjustment's CONCLUSION that the ordinance language in question shall be interpreted in the following manner:

   The following facts and conclusions are set forth on an attached sheet to this order identified as:

   THEREFORE, IT IS ORDERED that the decision of the Zoning Administrator is hereby

      ( ) Affirmed

      ( ) Reversed

      ( ) Modified as follows:                                                                                    

   In addition, IT IS FURTHER ORDERED that the following action be taken:

Ordered this ____ day of ____________, 20___ .

                                                                                  

                        Chairman

                                                       

   Secretary

   NOTE:If you are dissatisfied with the decision of this Board, an appeal may be taken to the Superior Court of Dare County within thirty (30) days from after a written copy of the decision is mailed to him in accordance with the Rules of Civil Procedure. See Section 153.327 of the Kill Devil Hills Town Code.

(Am. Ord. 18-4, passed 6-14-21)

Application No. ___________                        Form 3

Month                    Day                Year

TO THE KILL DEVIL HILLS BOARD OF ADJUSTMENT:

   I/we ___________________________________________, hereby petition the Board of Adjustment for a variance from the literal provisions of the Kill Devil Hills zoning ordinance because, under the interpretation given to me by the Zoning Administrator, I am prohibited from using the parcel of land described in the attached form ("Application for a Hearing") in a manner shown by the site plan attached to that form. I request a variance from the following provisions of the ordinance (cite paragraph numbers):

so that the above mentioned property can be used in a manner indicated by the site plan attached to the "Application for a Hearing" form, or if the site plan does not adequately reveal the nature of the variance, as more fully described herein (if variance is requested for limited time only specify duration requested):

FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE:

   The Board of Adjustment does not have unlimited discretion in deciding whether to grant a variance. Under the state enabling act, the Board of Adjustment is required to reach three (3) conclusions as a prerequisite to the issuance of a variance: (a) that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, (b) that the variance is in harmony with the general purposes and intent of the ordinances and preserves its spirit, and (c) that in granting of the variance the public safety and welfare have been assured and substantial justice has been done. In the spaces provided below, indicate the facts that you intend to show and the arguments that you intend to make to convince the board of adjustment that it can properly reach these three (3) required conclusions.

A. THERE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN THE WAY OF CARRYING OUT THE STRICT LETTER OF THE ORDINANCE. The courts have developed three (3) rules to determine whether in a particular situation "practical difficulties or unnecessary hardships" exist. State facts and arguments in support of each of the following:

   (1) If he complies with the provisions of the ordinance, the property owner can secure no reasonable return from, or make no reasonable use of, his property. (It is not sufficient that failure to grant the variance simply makes the property less valuable.)

Staff comment:

   (2) The hardship of which the applicant complains results from unique circumstances related to the Applicant's land. (Note: hardships suffered by the applicant in common with his neighbors do not justify a variance. Also, unique personal or family hardships are irrelevant since a variance, if granted, runs with the land.)

Staff comment:

   (3) The hardship is not the result of the Applicant's own actions.

Staff comment:

B. THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ORDINANCE AND PRESERVES ITS SPIRIT. (State facts and arguments to show that the variance requested represents the least possible deviation from the letter of the ordinance that will allow a reasonable use of the land and that the use of the property, if the variance is granted, will not substantially detract from the character of the neighborhood.)

Staff comment:

C. THE GRANTING OF THE VARIANCE SECURES THE PUBLIC SAFETY AND WELFARE AND DOES SUBSTANTIAL JUSTICE. (State facts and arguments to show that, on balance, if the variance is denied, the benefit to the public will be substantially outweighed by the harm suffered by the applicant.)

Staff comment:

Date:______________                                             

                        Signature of Applicant

Attach any additional information necessary for a proper consideration of this application.

(Am. Ord. 18-4, passed 6-14-21)

                                    Form 4

   The Board of Adjustment for the town of Kill Devil Hills, having held a public hearing on _________ to consider application number ________, submitted by                                                                                       

a request for a VARIANCE to use the property located at:

in a manner not permissible under the literal terms of the ordinance, and having heard all of the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS.

   1.   It is the Board of Adjustment's CONCLUSION that, if the Applicant complies with the literal terms of the ordinance, specifically section(s) ________, he (can/cannot) secure a reasonable return from, or make reasonable use of, his property. This conclusion is based on the following FINDINGS OF FACTS:

   2.    It is the Board of Adjustment's CONCLUSION that the hardship of which the applicant complains (results/does not result) from unique circumstances related to the applicant's land. This conclusion is based on the following FINDINGS OF FACT:

   3.    It is the Board of Adjustment's CONCLUSION that the hardship is not the result of the Applicant's own actions. This conclusion is based on the following FINDINGS OF FACT:

   4.    It is the Board of Adjustment's CONCLUSION that, if granted, the variance (will/will not) be in harmony with the general purpose and intent of the ordinance and (will/will not) preserve its spirit. This conclusion is based upon all of the FINDINGS OF FACT listed above, as well as the following:

   5.    It is the Board of Adjustment's CONCLUSION that, if granted, the variance (will/will not) secure the public safety welfare and (will/will not) do substantial justice. This conclusion is based upon all of the FINDINGS OF FACTS listed above, as well as the following:

   THEREFORE, based upon all of the foregoing, IT IS ORDERED that the application for a variance be (GRANTED/DENIED), subject to the following conditions:   

Ordered this ______ day of _______________ , 20_______ .

                                                                                Chairman

Secretary

   NOTE:   If you are dissatisfied with the decision of this Board, an appeal may be taken to the Superior Court of Dare County within thirty (30) days from the date of the filing of the order or the date of delivery of the order to the applicant whichever is later. See Section 153.327 of the Kill Devil Hills Town Code.

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

 

 

 

 

 

 

 

 

 

(Ord. 07-18, passed 10-24-07)