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Kill Devil Hills City Zoning Code

LOW DENSITY

RESIDENTIAL ZONES RL

§ 153.115 INTENT.

   (A)   The Low Density Residential (RL) Zone is established as an area in which the principle use of the land is for single-family residences and is intended to preserve and enhance low-to-medium density neighborhoods.
   (B)   In the RL Zone, 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)

§ 153.116 PERMITTED USES.

   In the RL Zone, buildings and/or land shall be used for the following purposes:
   (A)   Single-family dwellings;
   (B)   Duplex dwellings;
   (C)   On-site accessory uses or buildings to divisions (A) or (B) of this section. Accessory dwelling units (long-term occupancy) to division (A) of this section;
   (D)   Swimming pools, tennis courts (residential or private);
   (E)   Publicly-owned access areas and supporting facilities; publicly-owned recreation parks; privately-owned access areas;
   (F)   Home occupations as defined herein;
   (G)   Town-owned and leased facilities; and
   (H)   Places of worship and accessory uses.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 06-02, passed 2-22-06; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-18, passed 4-26-23)

§ 153.117 SPECIAL USES.

   (A)   Playgrounds. All playgrounds and parks in the RL Zone shall be operated by a governmental entity or nonprofit organization (except daycare centers and private schools) and the sponsoring agency shall provide in writing a maintenance schedule and shall designate those parties who shall be responsible for the periodic maintenance and policing of the grounds and resolution of any conflicts.
   (B)   Overhead transmission systems in accordance with §§ 153.280 - 153.288, local authority granted to the town pursuant to G.S. § 160D-932.
   (C)   Cluster homes (see § 153.311 for additional regulations).
      (1)   Occupancy of dwellings. Any dwelling constructed as part of § 153.117(C) shall be occupied on a long-term basis as defined in § 153.002.
      (2)   Property owners shall be required to execute and record a long-term use agreement prior to issuance of a building permit declaring that the dwelling unit shall be used only for long-term occupancy. This agreement shall be recorded with the Register of Deeds and shall transfer with the property in perpetuity.
(Ord. 91-08, passed 11-18-91; Am. Ord. 97-05, passed 6-25-97; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 06-20, passed 8-14-06; Am. Ord. 16-18, passed 6-27-18; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-12, passed 7-11-22)

§ 153.118 NONCONFORMITIES.

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

§ 153.119 BUILDING HEIGHT LIMITS.

   (A)   No structure shall exceed a living space height of 35 feet, as measured from average ground elevation to top plate.
   (B)   No structure shall exceed a total height of 42 feet.
   (C)   No structure shall have more than three levels of living space.
   (D)   Antennas for personal use and chimneys are exempt from height restrictions.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 02-16, passed 9-25-02; Am. Ord. 18-4, passed 6-14-21)

§ 153.120 SITE REQUIREMENTS.

   (A)   Lot dimensions. All parcels shall have a minimum width of 50 feet.
   (B)   Lot area.
      (1)   The minimum building site shall be 15,000 square feet.
      (2)   The minimum building site for a duplex or two single-family dwellings shall be 20,000 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. Cluster homes: twelve units per acre.
   (D)   Exceptions.  
      (1)   Where a lot or parcel of land has an area of less than the above required minimum area and was of record on June 14, 1983, such lot may be occupied by one family, provided the minimum side, front and rear requirements are complied with as set forth in § 153.121.
      (2)   Residential subdivisions are provided for in § 152.37(H)(3), the minimum lot size shall be 7,500 square feet.
   (E)   Lot coverage.
      (1)   A building erected or structurally altered shall be located on a lot and in no case shall there be more than two principal structures with associated accessory structures on a lot.
      (2)   Maximum allowable lot coverage by principal use, all accessory structures, vehicular circulation areas and parking - 40%. (For exceptions, see § 153.082.)
      (3)   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.
      (4)   Permeable pavement lot coverage calculations.
         (a)   For lots 7,500 square feet in area or greater, the use of permeable paving systems, including porous concrete, porous asphalt, concrete grid pavers and permeable interlocking concrete pavers for parking spaces, drive aisles, and vehicular circulation areas, shall allow for a reduction in the calculated lot coverage. 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 45% of the area of the lot.
         (c)   For additional coverage under the previous pavement reduction, 50% of the required parking shall be outside of the footprint of any structure or covering.
   (F)   Drainage/stormwater runoff. All development is required to follow the provisions in § 153.070.
   (G)   Land disturbance. See § 153.071.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 04-10, passed 5-26-04; Am. Ord. 11-07, passed 4-11-11; Am. Ord. 16-5, passed 9-11-17; Am. Ord. 16-20, passed 7-19-18; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-12, passed 7-11-22)

§ 153.121 SETBACKS.

   (A)   Side yard.
      (1)   The minimum side yard setback requirements on a lot with an area of 5,000 square feet or less shall be six feet from each side.
      (2)   The minimum side yard setback requirements on a lot with an area of more than 5,000 square feet but not more than 7,500 square feet shall be eight feet from each side.
      (3)   The minimum side yard setback requirements on a lot with an area exceeding 7,500 square feet shall be ten feet from each side.
      (4)   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.
      (5)   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)(4) above.
   (B)   Front yard.
      (1)   The minimum front yard setback requirements on a lot with an area of 5,000 square feet or less shall be 15 feet from the front property line.
      (2)   The minimum front yard setback requirements on a lot with an area of more than 5,000 square feet but not more than 7,500 square feet shall be 30 feet from the front property line.
      (3)   The minimum front yard setback requirements on a lot with an area exceeding 7,500 square feet shall be 30 feet from the front property line.
   (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.
      (1)   The minimum rear yard setback requirements on any double-frontage lot with an area of 5,000 square feet or less shall be 20% of the lot depth.
      (2)   On all lots over 5,000 square feet, the required front yard setback shall be provided on both front and rear of a double frontage lot.
   (E)   Corner lot.
      (1)   The minimum setback requirements on a corner lot with an area of 5,000 square feet or less shall be as follows:
         (a)   Side yard:   6 feet.
         (b)   Side street:   7½ feet.
      (2)   The minimum setback requirements on a corner lot with an area of more than 5,000 square feet but not more than 7,500 square feet shall be as follows:
         (a)   Side yard:   8 feet.
         (b)   Side street:   15 feet.
      (3)   The minimum setback requirements on a corner lot with an area exceeding 7,500 square feet shall be as follows:
         (a)   Side yard:   10 feet.
         (b)   Side street:   15 feet.
(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 03-10, passed 6-25-03; Am. Ord. 17-19, passed 5-27-20; Am. Ord. 18-4, passed 6-14-21)

§ 153.122 SIGNS.

   (A)   No illuminated sign shall be permitted in the RL Zone. House numbers may be illuminated.
   (B)   See § 153.077.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

§ 153.123 OFF-STREET PARKING, DRIVEWAYS, CURBS.

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

§ 153.124 BUFFERS AND SCREENING.

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