(a)

The town is hereby divided into zones or districts within which this chapter shall apply. The districts are shown on a map entitled "Official Zoning Map of the Town of Kitty Hawk, N.C.," which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter. The official zoning map shall be identified by the signature of the mayor and attested to by the town clerk and bearing the town seal under the following words:

"This is to certify that this is the Official Zoning Map referred to in article I of the Zoning Ordinance of the Town of Kitty Hawk, N.C.," together with the date of adoption of this ordinance."

(b)

Regardless of the existence of purported copies of the official zoning map which may be made or published, the official zoning map which shall be located in the town's administrative building shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the town.

(c)

Extension of boundary. The zoning map of the town is hereby amended so as to extend the zoning boundary for a distance of not more than one mile from the corporate limits, as shown on a zoning map of the extraterritorial zoning area of the town dated May 25, 1994, and subsequently amended, such boundary being described as follows:

(1)

Beginning at a point on the mean high-water mark of Currituck Sound, said point being the intersection point of the town's north boundary line with the mean high-water mark of Currituck Sound; thence running the course of the town's north boundary line in a westerly direction for a distance of one mile into the Currituck Sound to a point; thence turning and running in a southerly direction to a point in Currituck Sound (said point being established by extending the southern boundary of the town in a westerly direction on the same course as said town boundary has on land where it intersects the mean high-water mark of Kitty Hawk Bay); thence turning and running from the point thus established in an easterly direction to a point on the mean high-water mark of Kitty Hawk Bay (said point being the intersection point of the south boundary of the town with the mean high-water mark of Kitty Hawk Bay); thence running in a general northwesterly direction along the mean high-water mark of Kitty Hawk Bay and Currituck Sound to a point on the mean high-water mark of Currituck Sound where the Currituck Sound mean high-water mark intersects the north boundary of the town, the point and place of beginning.

(2)

Establishment of zones. The areas lying outside of and beyond the corporate limits as shown on the map of the extraterritorial zoning area of the town and as described in subsection (c)(1) of this section are hereby divided into districts in accordance with such map and description, and the provisions of the town zoning ordinance are hereby made applicable in every respect for each of the districts within this extraterritorial area as indicated on the zoning map.

(3)

Applicability of ordinances related to zoning, subdivisions, and buildings to extraterritorial area. The zoning ordinance, subdivision ordinance, and building inspection ordinance of the town shall be applicable in every respect within the extraterritorial area in the same manner as they are now applicable within the corporate limits, and the building inspector (or other appropriate official) shall enforce all of the provisions of such ordinances within the extraterritorial area in the same manner as he is authorized to enforce such ordinances within the corporate limits.

(Code 1990, § 20-101; Ord. of 8-18-1986, § 1.09; Ord. No. 94-9, 6-27-1994)

If changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be promptly entered on the map after the amendment has been approved by the town council.

(Code 1990, § 20-102; Ord. of 8-18-1986, § 1.09)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following corporate limits shall be construed as following such corporate limits.

(4)

Boundaries indicated as following shorelines shall be construed to follow such shorelines. In the event of change in the actual shoreline, boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section, shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(6)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (5) of this section, the board of adjustments shall interpret the district boundaries.

(7)

Where district boundary line divides a lot which was in single ownership on August 18, 1986, the town council may permit, as a special use, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(8)

Where the boundaries have been defined by legal description, the legal description shall prevail.

(9)

Zoning district boundaries indicated as approximately following platted lot lines and a street, highway or alley right-of-way margin shall be construed as following the centerline of the street, highway or alley.

(Code 1990, § 20-103; Ord. of 8-18-1986, § 1.10; Ord. No. 95-15, 8-7-1995; Ord. No. 07-11, § 20-103, 5-7-2007; Ord. No. 21-03, Att., 4-6-2021)

State Law reference— Interpretation of boundaries, G.S. 160D-105.

(a)

The following uses shall be prohibited in all zoning districts:

(1)

Asphalt and concrete plants;

(2)

Bus, truck, and transportation terminals;

(3)

Concentrated animal feeding operations;

(4)

Crematoriums (animals and human);

(5)

Dormitories and residence halls;

(6)

Drug paraphernalia sales;

(7)

Explosives, ammunition, fireworks, or gunpowder manufacturing;

(8)

Fat rendering, or production of fats and oils from animal or vegetable;

(9)

Fraternity and sorority houses;

(10)

Garbage, offal, or animal reduction and processing;

(11)

Hazardous materials handling or storage;

(12)

Jails and prisons;

(13)

Junk yards, scrap yards, and salvage facilities;

(14)

Landfills;

(15)

Manufacturing, processing, assembly and other industrial facilities;

(16)

Nitrogenous tankage, fish meal or manufacture, or any fertilizer materials carrying objectionable odor;

(17)

Outdoor advertising, specifically billboards, except where prohibition is preempted by state or federal laws;

(18)

Package treatment plant wastewater disposal systems that discharge to surface waters;

(19)

Satellite dish farms;

(20)

Shooting ranges, indoor or outdoor;

(21)

Slaughterhouses;

(22)

Solar energy farms;

(23)

Storage or processing of radioactive or infectious waste;

(24)

Taxi and pedicab storage or dispatch.

(b)

Classification and review of unlisted uses. The zoning administrator shall determine whether or not an unlisted use is substantially similar to an already defined use category or use type. A proposed use will not be denied solely because it is not included in this section. An unlisted use will be denied if the zoning administrator determines that the unlisted use is substantially similar to a use which is expressly prohibited. The zoning administrator shall use the following factors as a guideline when classifying a new or unlisted use to determine if such use is classified in a manner consistent with other similar uses in the zoning jurisdiction of the town:

(1)

Consistency with the stated intent of the zoning district;

(2)

Consistency with the adopted vision statement and policies of the town's land use plan;

(3)

Density of development (number of units, square footage, etc.);

(4)

Intensity of use consistent with the zoning district in which the use is to be located;

(5)

Type of activity associated with the use;

(6)

Number of customers and length of stay;

(7)

Generation of pedestrian and vehicular traffic;

(8)

Potential impacts such as noise, light, odor, etc.;

(9)

Public safety;

(10)

Environmental effects; and

(11)

Negative impacts on adjacent land uses.

(c)

If the zoning administrator rejects a proposal for a use that is not clearly prohibited, then the zoning administrator will:

(1)

Ensure that the citizen is provided with a copy of the interpretation in writing;

(2)

Inform the citizen of the right to appeal the decision to the board of adjustment, as specified in section 42-73 of this chapter, appeals of administrative decisions; and

(3)

Advise the applicant on the requirements for the preparation of a proposed zoning text amendment for consideration by the planning board and town council allowing policy-makers to determine whether the proposed use should be an allowable use in the district or not. Financial responsibility for a proposed zoning text change shall be on the applicant.

(Ord. No. 16-14, 12-5-2016; Ord. No. 22-17, 9-6-2022)

Editor's note— Ord. No. 22-17, adopted September 6, 2022, changed the title of section 42-194 from "Unlisted uses" to "Prohibited uses in all districts and unlisted uses." The historical notation has been preserved for reference purposes.