Kitty Hawk City Zoning Code

ARTICLE IV

DISTRICT REGULATIONS3

Footnotes:

--- (3) ---

State Law reference— District regulations generally, G.S. 160A-382.

DIVISION 1. - KITTY HAWK WOODS[4]

Footnotes:

--- (4) ---

Editor's note— Ord. No. 16-14, adopted Dec. 5, 2016, changed the title of ch. 42, art. IV, div. 1 from "generally" to what is set out herein.

Sec. 42-225. - Kitty Hawk Woods district.

(a)

Scope and intent. Unless stated otherwise, this section applies to the Kitty Hawk Woods district. This district is created to encourage development that is compatible with the environmentally sensitive nature of Kitty Hawk Woods and to preserve land in a natural state where such land is considered to be a vital link in the groundwater replenishment cycle of the Outer Banks and where the destruction of natural vegetation would have a harmful effect on the stability of the soil and its resistance to erosion. More specifically, the district is designed to:

(1)

Permit low density residential development of those portions of the district suitable for residential use and to encourage open space and limited recreational use of portions not suitable for residential use.

(2)

Prohibit commercial and industrial use of the land and any other use not compatible with the ecological carrying capacity of the area.

(3)

Preserve the natural features and functions of the area necessary for safe and compatible development on the entire Outer Banks. Such features should include, but are not limited to, the following:

The components of the groundwater storage and recharge system which are necessary for the growth and maintenance of the maritime forest vegetation. Such components include ponds, lowlands, marshes, bay forests and wetlands.

Vegetation acting as soil stabilizers or which provide significant storm or salt protection value, including the dune ridge plant communities and scrub forest.

(4)

Prevent pollution of the estuary and the sound which may adversely affect their biological productivity.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Detached single-family dwellings, not to include mobile or manufactured homes. Single-family dwellings shall not have a maximum septic capacity to serve more than 14 overnight occupants, and shall not exceed 6,000 square feet of conditioned living space.

(2)

Watershed conservation area.

(3)

Wildlife and ecological preserves.

(c)

Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the town council as provided in section 42-99:

(1)

Churches shall be approved by the town planner and, if required, the town CAMA officer or the town official discharging the duties of the CAMA officer.

(2)

Cemeteries with perpetual care, agent shall notify the town planner and, if required, the town CAMA officer or the town official discharging the duties of the CAMA officer before any vegetation is removed.

(3)

Hiking trails and special environmental awareness areas of low intensity use.

(4)

Commercial kayak guided tours shall be a special use subject to the conditions set forth in this subsection and such other reasonable conditions as may be established by the town.

Permits—Issuance. The special use must be conducted pursuant to a permit. The town will issue permits for the commercial kayak guided tours only for applications filed during the month of September each year for the next calendar year. The permit term will be from January 1 to December 31 of each calendar year unless suspended or revoked by the town. A permit will be issued to companies that satisfy the following conditions:

The permit holder must pay the permit application fee of $300.00 to the town and file the completed application and necessary supporting materials during September of the year next preceding the permit year.

The permit holder must provide evidence of liability insurance coverage of $300,000.00 minimum per occurrence and a total of $1,000,000.00.

The administrative operations of the company must be located within the commercial districts of the town or outside the boundaries of the town.

Same—Continuance. Permit holders must satisfy the following requirements at all times in order for a permit to remain active and in good standing during the permit year:

A trained tour guide must accompany each tour.

The tour guide must have an operational two-way communication device in the possession of the tour guide during the tour. The device shall be either a cell phone or two-way radio or such other device as approved by the town.

Tour guides and tour participants must comply with the rules and regulations established by the town.

Tour kayaks must satisfy identification standards established by the town.

Kayak operators and participants must obey applicable navigation rules and yield the right-of-way to larger power boats in narrow channels and shall keep outside the marked navigable channel in curves or bends in the streams or channels.

The tour must be conducted during the scheduled time periods for the permit holders and within the areas authorized by the town.

Kayak tour participants will not enter upon private property along the streams and canals without permission from the property occupants or owners.

Personal floatation devices must be worn by tour participants.

Tours south of Covered Bridge shall only originate from and shall return to the county public boat ramp and shall not extend north of Covered Bridge or onto the tributaries or designated back waters of High Bridge Creek or the creek running from the boat ramp to the sound.

10.

Tours north of Covered Bridge shall not extend south of Covered Bridge or onto the tributaries or designated back waters of High Bridge Creek or Jeanguite Creek within the boundaries of the town.

11.

The permit applicant has not had a permit revoked the prior calendar year.

12.

Kayaks used for research approved by the town shall be exempt from the limits of subsections (c)(4)b.9 and 10 of this section.

Same—Revocation and suspension.

The town manager may suspend or revoke a permit for a violation of the rules and regulations by the tour company, its employees, agents or tour participants. The period of suspension shall be in the discretion of the town.

The town may suspend or revoke the permits for all permit holders at any time the town determines it is in the interest of the public, health, safety and welfare to suspend or revoke the permits.

The permit issued by the town is a permissive right to conduct tours as authorized herein and it does not create a vested right to conduct the activity authorized by the permit.

A permit holder may appeal a permit revocation or suspension by the town manager to the town council which shall be heard at the next regular meeting of the town council. The decision of the council shall be final.

Tours.

Seven tours per day are authorized both north and south of Covered Bridge with tour times allocated among permit holders by the town. Permit holders may exchange allocated tour times with other permit holders after notifying the town of the exchange.

Each tour shall consist of one guide and not more than ten kayaks.

No tours shall be commenced earlier than one-half hour before sunrise and no tour shall end later than one-half hour after sunset.

Penalties. A person or company violating this section shall be guilty of a misdemeanor upon conviction and punished pursuant to section 1-5.

(5)

Family child care in residential structure.

The use must be legally operated and the operator must obtain a license from the state department of health and human services, division of child development, if required by law, and must be affiliated with the child care resource and referral program in the county or subsequent similar program of the county.

All contiguous property owners must give written consent to the use of the property for family child care pursuant to this subsection.

The maximum number of children in the home pursuant to this use shall not exceed the state licensing regulations.

Adequate parking and/or "pickup/dropoff" space shall be provided on site.

(6)

Home occupations.

(d)

Setback and dimensional requirements. Within the Kitty Hawk Woods district, the following dimensional and setback requirements shall be in effect:

(1)

The minimum required lot area per dwelling unit is 80,000 square feet of land not including marsh or ponds or wetland swales or streams.

(2)

For the purpose of calculating the dwelling density of a tract or parcel to be divided, the proposed Kitty Hawk Woods lots must contain 80,000 square feet of nonwetland area and the lots must have a minimum lot width at the front building setback line of 200 feet. After the dwelling density has been calculated, a tract may be subdivided into mini-conservation lots containing 80,000 square feet of gross area and the subdivision may be approved by the town upon the following conditions:

The gross dwelling density of the subdivision shall not exceed the density calculated in this subsection;

The mini-conservation lots must comply with all the Kitty Hawk Woods zoning district lot standards and applicable subdivision standards;

The remaining portion of the tract or parcel not included within the mini-conservation lot subdivision which was included within the original proposed subdivision for the purpose of calculating the dwelling density provided in subsection (d)(1) of this section shall be limited to conservation/environmental uses by legal instruments subject to town approval which create and convey perpetual conservation/environmental easements to nonprofit conservation/environmental organizations or to the state (including any appropriate agency or political subdivision thereof) with the underlying fee conveyed to the town, its successors and assigns;

The town, in its discretion, may refuse to accept a conveyance of the title to the conservation/environmental tract, and in such event, the town, in its discretion, may approve a conveyance of the title of the conservation/environmental tract subject to the aforesaid easement to an appropriate agency in the state or a nonprofit conservation or environmental organization. In the event the town neither accepts a conveyance of the underlying fee title to the conservation/environmental tract or approves a conveyance of the same to an appropriate state agency or conservation or environmental organization, then the town shall proceed to review the tract under the then current subdivision and zoning regulations with each lot to contain a minimum lot area of 80,000 square feet as specified in subsection (d)(1) of this section.

(3)

The minimum required lot width per dwelling unit as measured at the building line is 200 feet.

(4)

Minimum required front yard is 15 feet, subject to the provisions of subsection (e)(1)c of this section.

(5)

Minimum required side yard is ten feet, subject to the provisions of subsection (e)(1)c of this section.

(6)

Minimum required rear yard is ten feet, subject to the provisions of subsection (e)(1)c of this section.

(7)

Septic tank facilities shall be located in accordance with and shall conform to the requirements of county, state, and federal authorities.

(8)

All structures shall be located no closer than the greatest current applicable setback requirement, if any, of the Coastal Area Management Act (or rules and regulations promulgated thereunder) or the Corps of Engineers to any pond, stream, marsh, or any other wetland.

(9)

Principal and accessory structures shall meet all requirements of subsection (e)(1)c of this section.

(10)

Maximum total height shall not exceed 35 feet exclusive of chimneys, flagpoles, communication masts and aerials.

(e)

Special development standards of review, conditions, and requirements. When selecting the building site, the applicant shall adhere to the following standards and to the intent and purpose of this section:

(1)

Building site selection. The town planner and, if required, the town CAMA officer or town official discharging the duties of the CAMA officer shall review and approve the proposed improvements site plan indicating the proposed building sites before a building permit can be issued. The most suitable building sites are those areas that require the absolute minimum alterations of the natural vegetation, topography, and groundwater systems. Evaluation of site suitability will use the following criteria:

Existing unforested land areas shall be considered as the most suitable building sites unless such a selection would threaten the health of the vegetation by stimulating dune migration or cause extensive salt mist intrusion into Kitty Hawk Woods or would involve alterations prohibited elsewhere in this section.

Where vegetation must be removed from the building site, the most suitable site will disturb the minimum number of healthy trees and vegetation. In approving the building site, the town planner and, if required, the town CAMA officer or town official discharging the duties of the CAMA officer shall consider the density, etc.

The topography of the site will be evaluated for overall development suitability so that all structures can be constructed below the canopy of existing tree cover, yet maintain a setback equal to the greatest current applicable setback requirement, if any, of the state coastal area management agency or the Corps of Engineers from any stream, pond, marsh, or wetland swales.

(2)

Site design. The following design criteria shall be satisfied, except where an alternative design scheme can be shown to have no adverse effects on the natural features of the district protected under this section:

The filling of ponds or marshes or streams or wetland swales is prohibited within the next growing season. The ground stabilization plan shall be approved by the town planner and, if required, the town CAMA officer or town official discharging the duties of the CAMA officer.

The dredging of ponds, marshes, streams or wetland swales is prohibited. The developer or his agent shall notify the town planner and, if required, the town CAMA officer or town official discharging the duties of the CAMA officer before any vegetation is removed.

The grading or other alteration of dunes with greater than 40 percent slope is prohibited.

The removal of vegetation which provides storm and salt mist protection or acts to stabilize soil and limit dune migration is to be minimum. Such removal is allowed only for the placement of structures and sewage disposal systems when no other suitable building site is available.

The sewage septic tank and other utilities shall be located to the maximum extent feasible on the edges of areas that have been cleared for access and building purposes, and shall satisfy the legal requirements of county, state, and federal authorities. In addition, the use of alternative septic systems that effectively can be located within a forest stand in satisfaction of subsection (e)(2)d of this section is suggested and encouraged.

The drawdown of groundwater, except for wells, and the alteration of natural drainage patterns is prohibited.

The clearing of land to provide access to the physical structures shall be minimized, including the clearing of the forest understory. Driveways shall be the minimum width necessary to allow for easy access by one vehicle and shall follow the natural contour lines of the land insofar as possible.

(3)

Mitigation requirements. In order to protect and reestablish natural vegetation during and after construction, the following mitigation actions are required:

In any areas where vegetation has been removed to expose bare ground, an approved ground stabilization plan shall be in effect within 30 days of the beginning of vegetation removal and suitable native vegetative cover established within the next growing season.

To eliminate pest and disease damage to vegetation, any pruning or damage done to trees during construction should be properly attended to using accepted silvaculture practices.

(Code 1990, § 20-126; Ord. of 8-18-1986, § 3.03; Ord. of 3-21-1988; Ord. No. 90-3, 3-19-1990; Ord. No. 90-5, § 6(n), (o), 4-23-1990; Ord. No. 91-15, § 1, 10-21-1991; Ord. No. 93-8, 4-5-1993; Ord. No. 00-27, 7-10-2000; Ord. No. 00-28, 7-10-2000; Ord. No. 00-29, 7-10-2000; Ord. No. 00-34, 8-7-2000; Ord. No. 01-10, 4-2-2001; Ord. No. 01-16, 4-2-2001; Ord. No. 04-11, § 20-126, 4-19-2004; Ord. No. 07-11, § 20-126, 5-7-2007; Ord. No. 11-08, 9-6-2011; Ord. No. 21-03, Att., 4-6-2021; Ord. No. 24-07, 7-1-2024)

Sec. 42-226. - Reserved.

Editor's note— Ord. No. 16-14, adopted Dec. 5, 2016, repealed § 42-226, which pertained to uses not specifically identified as permitted or conditional, and derived from the Code of 1990, § 20-127; and Ord. No. 96-19, adopted Sep. 9, 1996.

Sec. 42-246. - Scope.

Except as otherwise provided, this division applies to Kitty Hawk Beach.

(Code 1990, § 20-141)

Sec. 42-247. - BR-1 low density beach residential district.

(a)

Scope and intent. Unless stated otherwise, this section applies to the BR-1 low density beach residential district. The BR-1 district is intended to encourage the development of low density residential neighborhoods in Kitty Hawk Beach.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

(2)

Customary accessory buildings and private swimming pools, tennis courts, private piers and boat slips.

(3)

Town owned or leased facilities.

(c)

Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the town council as provided in section 42-99:

(1)

Churches.

(2)

Fire stations.

(3)

Home occupations.

(4)

Golf courses and concessions integral thereto, provided that there is no open commercial activity and no sign other than a directional sign is allowed, noncommercial tennis courts and swimming pools associated with residential subdivision amenities, and libraries.

(5)

Public utility facilities. Such facilities must provide a vegetated buffer strip at least ten feet in height where the facility abuts a residential lot or use.

(6)

Bed and breakfast facility.

The bed and breakfast facility shall be compatible in scale of structure and scale of development with residential structures in the neighborhood in which it is located. The principal use of such dwelling structures is residential. The exterior of the structure shall be harmonious with surrounding property. The bed and breakfast use shall be operated in a primary, single-family residential structure and not in any accessory structure.

The operation shall be conducted by persons who own and reside within the dwelling unit. It shall be permissible to employ the equivalent of one fulltime person to assist in the operation.

The structure must contain at least one full bathroom for the exclusive use of the owner and other members of the immediate household, plus one private bathroom for each guest bedroom. Each full, discrete bathroom must include a minimum of a water closet, a lavatory and a bath or shower and meet current building code requirements.

The rental of rooms shall be on a daily or weekly basis to tourists, vacationers or similar transients. The rental period shall not exceed 14 consecutive days in any 30-day period.

There shall be no cooking facilities or kitchen-type appliances in the rental dwelling rooms. A breakfast meal may be provided. It is intended by this subsection that meals may be provided only to registered guests of the facility.

Smoke alarms shall be installed in all rental rooms and in common areas.

The total rented dwelling rooms shall not exceed four and the total occupancy, including the owner, shall not exceed ten persons.

Parking shall be provided on the basis of one space per rental dwelling room in addition to two spaces for the owners. Parking spaces for rental dwelling rooms may be grass, Geoweb or gravel. Such parking areas shall be maintained in a dust-free, rut-free condition and shall be visually screened with a vegetated buffer if adjacent to an existing residential structure or a vacant lot on which a residential structure can be built.

Only signs which comply with standards for display in the zoning district in which the structure is located may be permitted.

No dwelling may be used as a bed and breakfast unless and until it shall have been permitted by the county environmental health department.

Lighting of the premises shall be harmonious with surrounding property. Lighting shall not create glare or interfere with the reasonable enjoyment of adjacent properties.

Noise generated within the structure shall not exceed a volume normally associated with residential occupancy. Between 9:00 p.m. and 6:00 a.m., noise originating within the structure shall not be audible beyond the property lines.

The town shall issue a permit if all the requirements of this subsection (c)(6) and other applicable provisions of this chapter have been met. The permit shall remain in effect for a period of one year and may be suspended or revoked if a violation of standards is found. The permit shall be renewed each year, upon request, by the code enforcement officer unless it is determined that the use of the dwelling is not in compliance with this chapter. The use of the building as a bed and breakfast shall cease if the permit is not kept in effect.

(7)

Church private school. A church may have a private school on the church site as an accessory use to the church use upon the following additional conditions and such other reasonable conditions imposed by the town council:

The church must be the applicant requesting approval of the private school as an accessory use and the private school must be run, operated and supervised by the church and it must be part of the program of the church.

School activities cannot be scheduled simultaneously with church services or large gatherings.

The number of students cannot exceed the approved seating capacity of the area on the site plan designated for school use.

The church must plant or install and maintain natural or artificial buffers or screens approved by the town where appropriate to screen school activities from adjoining properties and public rights-of-way.

No increase in exterior sign area will be authorized for the private school accessory use, but the exterior sign area authorized for churches may be divided between the church and the private school accessory use, provided the total exterior sign area allowed for churches is not exceeded.

(8)

Community swimming pools, tennis courts, and other similar recreational facilities for the use of the project property owners and which are owned or operated by a property owner's association or condominium association and not for commercial use.

(9)

Community piers and boat slips that are owned or operated by a property owner's association or condominium association and not for commercial use.

(d)

Dimensional requirements.

(1)

The minimum lot size is 15,000 square feet of uplands. Marsh and wetland areas, as determined by federal, state, and local agency regulations, and areas waterward of the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum area of one and one-half acres, uplands shall not be required to be continuous, contiguous, and connected.

(2)

The minimum lot width is 75 feet. The minimum lot width shall be measured at the minimum front building setback line as set forth in each zoning district in this chapter.

(3)

The minimum yard setbacks shall be in accordance with the following chart:

Dwelling Size (in square feet)	Side Setback (in feet)	Front and Rear Setbacks (in feet)
3,000 and under	10	25
3,001—3,500	12.5	25
3,501—4,000	15	25
4,001—5,000	17.5	25
5,001—6,000	20	25
6,001 and over	25	25

(4)

The maximum allowable lot coverage by principal use and all accessory structures is 30 percent. Maximum lot coverage physical area of 38 percent, provided that any lot coverage physical area in excess of 30 percent is comprised of permeable pavement. Permeable pavement failure shall require that the failed permeable pavement is removed and replaced by a pavement meeting the definition of permeable pavement herein with design pavement performance equal to, or better than, the represented performance of the approved pavement.

(5)

Maximum total height shall not exceed 35 feet from existing grade exclusive of chimneys, flagpoles, communication masts and aerials.

(6)

In addition to the minimum number of parking spaces required in section 42-546, any unit requiring more than four parking spaces, the following shall apply:

Drive aisles not less than ten feet wide shall be provided so that no vehicle will be required to back into the public right-of-way.

Drive aisles shall be a minimum ten feet in width and stacking of vehicles in a drive aisle is prohibited.

Stacking of vehicles in areas other than a drive aisle shall be limited to two vehicles per stacked lane.

The driveway entrance to a public or private road shall not exceed 20 feet in width.

(7)

Required parking surfaces and drive aisles shall only be constructed of the following surfaces and must meet all listed conditions:

Asphalt.

Must have a subgrade consisting of at least six inches of ABC stone or a similar material.

The asphalt layer must be at least 1.5 inches in depth.

Concrete.

Must have a compacted subgrade.

Concrete must be poured to a minimum four inches in depth, with sufficient control and expansion joints.

Concrete must have a minimum 3000 p.s.i.

Must be reinforced with fiber mesh or welded wire.

Paving stones.

Must be installed per the manufacturer's specifications.

Open-jointed blocks (turfstone and similar products).

Must be installed per the manufacturer's specifications.

Porous asphalt/concrete.

Must be installed per the manufacturer's specifications.

Porous turf (geocell/geoweb and similar products).

Must be installed per the manufacturer's specifications.

The grid cell opening size can be no greater than six inches.

A border is required to delineate the boundaries of the parking area.

Wooden timbers.

Must be designed and plan sealed by an engineer.

Crusher run/aggregate base course.

Must have a concrete or asphalt apron extending a minimum of ten feet from the edge of the roadway.

Aggregate/gravel.

The gravel layer must be a minimum of six inches in depth.

Must have a concrete or asphalt apron extending a minimum of ten feet from the edge of the roadway.

A border is required to delineate the boundaries of the parking area.

(e)

Ground stabilization plan. A plan that will ensure the stabilization and subsequent revegetation of all areas that have been disturbed in accordance with chapter 12, article II, pertaining to sand dune protection and chapter 32, pertaining to soil erosion and sedimentation control, is required.

(Code 1990, § 20-142; Ord. of 8-18-1986, § 3.01(A); Ord. No. 87-1, 1-19-1987; Ord. No. 90-3, 3-19-1990; Ord. No. 90-21, 9-4-1990; Ord. No. 91-15, § 2, 10-21-1991; Ord. No. 93-2, 1-4-1993; Ord. No. 98-23, 7-7-1998; Ord. No. 99-23, 9-7-1999; Ord. No. 00-3, 1-4-2000; Ord. No. 01-10, 4-2-2001; Ord. No. 03-26, § 20-142, 5-5-2003; Ord. No. 03-42, § 20-142, 7-7-2003; Ord. No. 04-01, § 20-142, 2-17-2004; Ord. No. 04-26, § 20-142, 9-13-2004; Ord. No. 06-17, § 20-142, 12-4-2006; Ord. No. 07-03, § 20-142, 2-5-2007; Ord. No. 07-11, § 20-142, 5-7-2007; Ord. No. 08-06, 2-4-2008; Ord. No. 16-05, 4-4-2016; Ord. No. 19-07, 11-4-2019; Ord. No. 21-03, Att., 4-6-2021; Ord. No. 23-07, 9-5-2023; Ord. No. 24-01, 4-1-2024; Ord. No. 24-07, 7-1-2024; Ord. No. 24-09, 7-1-2024; Ord. No. 24-11, 8-5-2024)

Sec. 42-248. - BR-2 medium density beach residential district.

(a)

Scope and intent. Unless stated otherwise, this section applies to the BR-2 medium density beach residential district. The BR-2 district is intended to encourage the development of medium density residential neighborhoods in Kitty Hawk Beach.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

(2)

Duplexes.

(3)

Multifamily dwellings.

(4)

Customary accessory buildings and private swimming pools and tennis courts.

(5)

Town owned or leased facilities.

(c)

Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the town council as provided in section 42-99:

(1)

Churches.

(2)

Fire stations.

(3)

Home occupations.

(4)

(5)

Funeral homes; provided that:

The site is adjacent to or across the street from a commercial zone.

The site is contiguous to and has access to a paved public street.

The site shall contain no less than the minimum area required for multifamily development.

All parking shall be provided on site or in an adjoining commercial zone at the rate of one parking space for each 2½ chapel seats. The parking may consist of a 9 1/2-foot by 18-foot temporary parking lane and drive aisle spaces as delineated on the site plan and approved by the town; provided that at least 25 percent of the required spaces are the conventional type required by this chapter.

A vegetated buffer 20 feet in width shall be provided along any property line adjacent to residential zones. The buffer shall have a nominal screening height of eight feet within two years.

Exterior lighting shall be low level and shall be configured to direct the light and glare away from streets and adjacent property. Sodium vapor lights are prohibited.

Ancillary sales and services such as, but not limited to, tombstone, memorial tablets and florist shall not be permitted, except in direct association with funeral or burial services provided. Cremation services shall not be permitted.

There shall be no promotion of sales or services visible outside the building other than the permitted sign.

One sign shall be permitted in accordance with article VI, division 3 of this chapter, except that where the sign is placed along street frontage across from a commercial zoning district, a sign appropriate to that commercial district may be installed. The sign may not be internally illuminated.

Lot coverage by principal use and all accessory structures shall not exceed 50 percent.

An apartment is permitted on the second floor; provided that applicable state building and fire codes are met and that one parking space per bedroom is reserved for the occupants of the apartment in addition to any other parking spaces that may be required.

Such other reasonable conditions as the town council may propose.

(6)

Bed and breakfast facility.

The operation shall be conducted by persons who own and reside within the dwelling unit. It shall be permissible to employ the equivalent of one fulltime person to assist in the operation.

The rental of rooms shall be on a daily or weekly basis to tourists, vacationers or similar transients. The rental period shall not exceed 14 consecutive days in any 30-day period.

There shall be no cooking facilities or kitchen-type appliances in the rental dwelling rooms. A breakfast meal may be provided. It is intended by this subsection (c)(6) that meals may be provided only to registered guests of the facility.

Smoke alarms shall be installed in all rental rooms and in common areas.

The total rented dwelling rooms shall not exceed four and the total occupancy, including the owner, shall not exceed ten persons.

Parking shall be provided on the basis of one space per rental dwelling room in addition to two spaces for the owner. Parking spaces for rental dwelling rooms may be grass, Geoweb or gravel. Such parking areas shall be maintained in a dust-free, rut-free condition and shall be visually screened with a vegetated buffer if adjacent to an existing residential structure or a vacant lot on which a residential structure can be built.

Only signs which comply with standards for display in the zoning district in which the structure is located may be permitted.

No dwelling may be used as a bed and breakfast unless and until it shall have been permitted by the county environmental health department.

Lighting of the premises shall be harmonious with surrounding property. Lighting shall not create glare or interfere with the reasonable enjoyment of adjacent properties.

(7)

Family child care in residential structure.

The use must be legally operated and the operator must obtain a license from the state department of health and human services, the division of child development if required by law, and must be affiliated with the child care resource and referral program in the county or subsequent similar program of the county.

All contiguous property owners must give written consent to the use of the property for family child care pursuant to this subsection.

The maximum number of children in the home pursuant to this use shall not exceed the state licensing regulations.

Adequate parking and/or pickup/dropoff space shall be provided on site.

(d)

Dimensional requirements.

(1)

The minimum lot size is as follows:

For single-family detached residences, a minimum lot size of 15,000 square feet of uplands. Marsh and wetland areas, as determined by federal, state, and local agency regulations, and areas waterward of the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum area of one and one-half acres, uplands shall not be required to be continuous, contiguous, and connected.

For duplexes, a minimum lot size of 25,000 square feet of uplands. Marsh and wetland areas, as determined by federal, state and local agency regulations, and areas waterward of the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum of two acres, uplands shall not be required to be continuous, contiguous, and connected.

For multifamily dwellings, a minimum lot size of 15,000 square feet of uplands for the first dwelling unit and a minimum lot size of 9,520 square feet of uplands for each additional dwelling unit. Marsh and wetland areas, as determined by federal, state and local agency regulations, and areas waterward of the oceanfront vegetation line, as determined by CAMA regulations, may not be used for the minimum lot size. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum of one and one-half acres, uplands shall not be required to be continuous, contiguous, and connected.

(2)

The minimum lot width is 75 feet. The minimum lot width shall be measured at the minimum front building setback line as set forth in each zoning district in this chapter.

(3)

The minimum yard setbacks shall be in accordance with the following chart:

Dwelling Size (in square feet)	Side Setback (in feet)	Front and Rear Setbacks (in feet)
3,000 and under	10	25
3,001—3,500	12.5	25
3,501—4,000	15	25
4,001—5,000	17.5	25
5,001—6,000	20	25
6,001 and over	25	25

(4)

(5)

Maximum total height shall not exceed 35 feet from existing grade exclusive of chimneys, flagpoles, communication masts and aerials. Multi-family dwellings shall have a minimum roof pitch of three feet by 12 feet.

(6)

In addition to the minimum number of parking spaces required in section 42-546, any unit requiring more than four parking spaces, the following shall apply:

Drive aisles not less than ten feet wide, shall be provided so that no vehicle will be required to back into the public right-of-way.

Drive aisles shall be a minimum ten feet in width and stacking of vehicles in a drive aisle is prohibited.

Stacking of vehicles in areas other than a drive aisle shall be limited to two vehicles per stacked lane.

The driveway entrance to a public or private road shall not exceed 20 feet in width.

(7)

Required parking surfaces and drive aisles shall only be constructed of the following surfaces and must meet all listed conditions:

Asphalt.

Must have a subgrade consisting of at least six inches of ABC stone or a similar material.

The asphalt layer must be at least 1.5 inches in depth.

Concrete.

Must have a compacted subgrade.

Concrete must be poured to a minimum four inches in depth, with sufficient control and expansion joints.

Concrete must have a minimum 3000 p.s.i.

Must be reinforced with fiber mesh or welded wire.

Paving stones.

Must be installed per the manufacturer's specifications.

Open-jointed blocks (turfstone and similar products).

Must be installed per the manufacturer's specifications.

Porous asphalt/concrete.

Must be installed per the manufacturer's specifications.

Porous turf (geocell/geoweb and similar products).

Must be installed per the manufacturer's specifications.

The grid cell opening size can be no greater than six inches.

A border is required to delineate the boundaries of the parking area.

Wooden timbers.

Must be designed and plan sealed by an engineer.

Crusher run/aggregate base course.

Must have a concrete or asphalt apron extending a minimum of ten feet from the edge of the roadway.

Aggregate/gravel.

The gravel layer must be a minimum of six inches in depth.

Must have a concrete or asphalt apron extending a minimum of ten feet from the edge of the roadway.

A border is required to delineate the boundaries of the parking area.

(e)

Density. The maximum permitted density shall be four residential dwelling units per acre.

(f)

(Code 1990, § 20-143; Ord. of 8-18-1986, § 3.01(B); Ord. No. 89-34, 12-18-1989; Ord. No. 90-21, 9-4-1990; Ord. No. 93-2, 1-4-1993; Ord. No. 98-23, 7-7-1998; Ord. No. 00-31, 8-7-2000; Ord. No. 01-10, 4-2-2001; Ord. No. 03-26, § 20-143, 5-5-2003; Ord. No. 03-42, § 20-143, 7-7-2003; Ord. No. 04-01, § 20-143, 2-17-2004; Ord. No. 04-11, § 20-143, 4-19-2004; Ord. No. 04-26, § 20-143, 9-13-2004; Ord. No. 07-03, § 20-143, 2-5-2007; Ord. No. 07-11, § 20-143, 5-7-2007; Ord. No. 08-06, 2-4-2008; Ord. No. 16-05, 4-4-2016; Ord. No. 19-07, 11-4-2019; Ord. No. 21-03, Att., 4-6-2021; Ord. No. 23-07, 9-5-2023; Ord. No. 24-01, 4-1-2024; Ord. No. 24-07, 7-1-2024; Ord. No. 24-09, 7-1-2024; Ord. No. 24-11, 8-5-2024)

Sec. 42-249. - BR-3 high density beach residential district.

(a)

Scope and intent. Unless stated otherwise, this section applies to the BR-3 high density beach residential district. The BR-3 district is established as an area in Kitty Hawk Beach for which the principal use of the land is high density residential and for the development of less intensive residential uses as well as for compatible supporting uses.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

(2)

Duplexes.

(3)

Multifamily dwellings.

(4)

Customary accessory buildings including private swimming pools and tennis courts.

(5)

Town owned or leased facilities.

(c)

Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the town council as provided in section 42-99:

(1)

Home occupations.

(2)

Golf courses and concessions integral thereto; provided that there is no open commercial activity and no sign other than a directional sign is allowed, noncommercial tennis courts and swimming pools associated with residential subdivision amenities, and libraries.

(3)

Planned unit developments under the provisions of article V of this chapter.

(4)

Multifamily developments.

(5)

Churches.

(d)

Dimensional requirements.

(1)

The minimum lot size is as follows:

For duplexes, a minimum lot size of 25,000 square feet of uplands. All upland areas must be continuous, contiguous, and connected to meet the minimum lot size requirements, except that for lots comprising a minimum of two acres, uplands shall not be required to be continuous, contiguous, and connected.

(2)

The minimum lot width is 75 feet. The minimum lot width shall be measured at the minimum front building setback line as set forth in each zoning district in this chapter.

(3)

The minimum yard setbacks shall be in accordance with the following chart:

Dwelling Size (in square feet)	Side Setback (in feet)	Front and Rear Setbacks (in feet)
3,000 and under	10	25
3,001—3,500	12.5	25
3,501—4,000	15	25
4,001—5,000	17.5	25
5,001—6,000	20	25
6,001 and over	25	25

(4)

(5)

(6)

In addition to the minimum number of parking spaces required in section 42-546, for any unit requiring more than four parking spaces, the following shall apply:

Drive aisles not less than ten feet wide, shall be provided so that no vehicle will be required to back into the public right-of-way.

Drive aisles shall be a minimum ten feet in width and stacking of vehicles in a drive aisle is prohibited.

Stacking of vehicles in areas other than a drive aisle shall be limited to two vehicles per stacked lane.

The driveway entrance to a public or private road shall not exceed 20 feet in width.

(7)

Required parking surfaces and drive aisles shall only be constructed of the following surfaces and must meet all listed conditions:

Asphalt.

Must have a subgrade consisting of at least six inches of ABC stone or a similar material.

The asphalt layer must be at least 1.5 inches in depth.

Concrete.

Must have a compacted subgrade.

Concrete must be poured to a minimum four inches in depth, with sufficient control and expansion joints.

Concrete must have a minimum 3000 p.s.i.

Must be reinforced with fiber mesh or welded wire.

Paving stones.

Must be installed per the manufacturer's specifications.

Open-jointed blocks (turfstone and similar products).

Must be installed per the manufacturer's specifications.

Porous asphalt/concrete.

Must be installed per the manufacturer's specifications.

Porous turf (geocell/geoweb and similar products).

Must be installed per the manufacturer's specifications.

The grid cell opening size can be no greater than six inches.

A border is required to delineate the boundaries of the parking area.

Wooden timbers.

Must be designed and plan sealed by an engineer.

Crusher run/aggregate base course.

Must have a concrete or asphalt apron extending a minimum of ten feet from the edge of the roadway.

Aggregate/gravel.

The gravel layer must be a minimum of six inches in depth.

Must have a concrete or asphalt apron extending a minimum of ten feet from the edge of the roadway.

A border is required to delineate the boundaries of the parking area.

(e)

Density. The maximum permitted density shall be four residential dwelling units per acre.

(f)

(Code 1990, § 20-144; Ord. of 8-18-1986, § 3.01(C); Ord. No. 90-21, 9-4-1990; Ord. No. 98-23, 7-7-1998; Ord. No. 01-10, 4-2-2001; Ord. No. 03-26, § 20-144, 5-5-2003; Ord. No. 03-42, § 20-144, 7-7-2003; Ord. No. 04-01, § 20-144, 2-17-2004; Ord. No. 04-26, § 20-144, 9-13-2004; Ord. No. 04-27, § 20-144, 9-13-2004; Ord. No. 07-03, § 20-144, 2-5-2007; Ord. No. 07-11, § 20-144, 5-7-2007; Ord. No. 08-06, 2-4-2008; Ord. No. 16-05, 4-4-2016; Ord. No. 19-07, 11-4-2019; Ord. No. 21-03, Att., 4-6-2021; Ord. No. 23-07, 9-5-2023; Ord. No. 24-01, 4-1-2024; Ord. No. 24-07, 7-1-2024; Ord. No. 24-09, 7-1-2024; Ord. No. 24-11, 8-5-2024)

Sec. 42-250. - BC-1 general beach commercial district.

(a)

Scope and intent. Unless stated otherwise, this section applies to the BC-1 general beach commercial district. The BC-1 district is established to provide for the proper grouping and development of commercial facilities in Kitty Hawk Beach. The BC-1 district has been established to provide for the commercial needs of the neighborhood and the immediate surrounding geographical area. The commercial development will be characterized by small to medium size land parcels with commercial development of low intensity. This district is not intended to be developed for shopping centers, shopping malls, or big box retail/wholesale businesses.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Offices.

Business.

Financial.

Governmental.

Professional.

Call centers.

Realty and construction.

Medical office/clinic.

(2)

Retail stores.

Books.

Cameras.

Candy.

Clothing.

Dry goods.

Automobile parts, not to include actual repair or service.

Drugs.

Flowers.

Gifts.

Hardware, including rental of small equipment (no outside display or storage).

Hobby goods.

Jewelry.

Leather goods.

Magazines.

Music store.

Notions.

Sporting goods.

Toys.

Food stores.

Antiques.

Household appliances.

Video rental.

Furniture stores.

Medical equipment and supplies, sales and rental.

Bicycle sales and skateboard sales, provided there is no outdoor storage or display.

Seafood market.

aa.

Bait and tackle shops.

bb.

Floor coverings and materials sales and installation provided there is no outside storage of materials or products.

cc.

Office supplies.

dd.

Electronics, sales and repair.

(3)

Service establishments, including such uses as:

Appliance and electronic equipment sales and repair, provided there is no outdoor storage of appliances or equipment.

Barbershops and beauty shops, nail salons, personal spa salons, tanning salons.

Dry cleaning and laundry pickup stations including laundromats.

Parking lots.

Radio and television broadcasting studios.

Restaurants, bars, bakeries.

Shoe repair.

Theaters.

Indoor fitness and exercise facilities.

Cater service.

Banks.

Cafés and delicatessens.

(4)

Public and private schools.

(5)

Town owned or leased facilities.

(6)

Home sales center; provided there is no outdoor display of merchandise.

(7)

Places of worship.

(8)

Daycare centers.

(9)

Art galleries and art supply stores.

(10)

(c)

Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the town as provided in section 42-99:

(1)

Reserved.

(2)

Gas stations or fuel dispensing accessory use facilities; provided that no principal or accessory building shall be located within 50 feet of a residential district, and: provided that there shall be no storage of wrecked or abandoned cars, and that no portion of a gas station building, equipment or canopy shall be nearer than 30 feet to any right-of-way, and no portion of gas pumps shall be nearer than 50 feet to any right-of-way.

(3)

Motor vehicle service and repair, provided that there shall be no storage of wrecked, junked or abandoned vehicles and that there shall be no fuel dispensing devices.

(4)

Conveyor carwash service station is a special use upon the following conditions and such other conditions as the town council may reasonably set forth:

A prewash vehicular lane of sufficient size to accommodate 12 vehicles during the prewash phase of the wash operation.

A postwash vehicular lane of sufficient size to accommodate four vehicles being towel dried. The exit from the conveyor belt system shall be the entrance to the postwash vehicle drying area.

The prewash and postwash vehicle areas must be located separate from and outside of internal traffic circulation lanes and ingress/egress access points with public or private rights-of-way.

At the location of the vehicle exit from the building there shall be a water catchment at the postwash vehicle parking area which shall drain and slope to the water catchment. The water catchment must be large enough to contain all water draining into it from washed vehicles.

The water used for washing the vehicles must be recycled on site through a closed recycle system. The system must be designed, constructed and maintained in order to prevent washwater from entering the subsurface ground area or from flowing upon the ground surface.

On-site directional signs must not be illuminated internally. Sign lighting on the site must not interfere with the vision of motor vehicle operators on site or off site.

Each site shall have restroom facilities open and available to its customers.

Trash containers must be located at all vacuum cleaner stations and the area maintained free of trash and rubbish.

At least one attendant shall be on duty during the hours of operation.

(5)

Public utility facilities.

(6)

Reserved.

(7)

Hospitals.

(8)

Emergency heliport. The operation of a medical emergency evacuation heliport shall be an accessory use to the primary hospital or medical center special use and shall be authorized in addition to the primary hospital or medical center special use as a special accessory use after the following requirements have been satisfied:

Hospitals and medical clinics shall include those facilities which, under normal operating conditions, receive and treat trauma patients.

Compliance with and evidence of compliance with any applicable requirements of the Department of Transportation, Division of Aviation, the Federal Aviation Administration, and any other federal, state or local agency having jurisdiction over the operation of helicopter flights, landings and the environmental impact thereof.

Submission of a special accessory use application with the town planning department in addition to the following materials:

A site plan and map drawn to a scale of one inch equals 100 feet showing the locations, height and first floor elevations or foundation elevations above mean sea level of all structures, utility and street rights-of-way, existing power lines, towers, undeveloped residential lots, and other similar uses within 500 feet of the outside edge of the heliport landing pad.

Environmental assessment consisting of:

(i)

An analysis of the impact of noise within 500 feet of the heliport performed by a qualified audio engineer or other appropriate professional;

(ii)

An analysis of the socioeconomic issues relating to the heliport and the hospital or the clinic; and

(iii)

Viable alternatives.

The fees and costs associated with the review of the environmental assessment shall be paid to the town by the applicant prior to the public hearing as part of the application review fee. The analysis is to be submitted prior to the first regular or special meeting of the planning board at which the application is considered.

Proposed heliport lighting plan demonstrating the technology and technique for retaining light on the site and prevention of light or light glare from affecting traffic using streets and highways in the area.

Proposed approach and departing flight paths shall be shown on the map required in subsection (c)(8)c.1 of this section.

Proposed protection for the innermost portion of the approach and departure routes.

Upon filing the application and all required materials with the town planner, the town council shall set a public hearing on the applicant's request for the special accessory use of the medical emergency evacuation heliport. In addition to advertising the public hearing, the town planner shall mail, by certified mail, copies of the notice of hearing to all property owners on the tax records of the town within 500 feet of the heliport landing pad. The cost of advertising and mailing of the notices shall be borne by the applicant and paid prior to the public hearing date.

In the case of a protest against the medical emergency evacuation heliport by the owners of 20 percent or more either of the area of the lots included within 500 feet of the heliport pad, or of those immediately adjacent thereto either in the rear thereof or on either side thereof or extending 500 feet therefrom, or of those directly opposite thereto extending 500 feet from the street frontage of the opposite lots, then a motion to allow the special accessory use shall not become effective except by favorable vote of four of the five members of the town council.

No protest against the applicant's proposed special accessory use shall be valid or effective for the purposes of subsection (c)(8)e of this section unless it be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed special accessory use and unless it shall have been received by the city clerk within ten days following the public hearing. For the purposes of determining the ten-day period, the date of the public hearing shall be excluded and the tenth day shall be included. Thereafter, the town shall determine the sufficiency and accuracy of the petition within two normal work days, excluding Saturdays, Sundays and legal holidays, after the end of the ten-day period for filing protest petitions. The protest petition shall be in a form adopted by the town council. In the event no protest is filed or the protest is inadequate, the favorable vote of three of the five town councilmembers shall be required in order to authorize the special accessory use.

The minimum lot or parcel size to accommodate a hospital or medical center with a heliport facility shall be three acres or more.

The heliport shall be ground based only. No rooftop facility shall be permitted.

The heliport shall comply with the latest edition of the FAA regulations in its design, size and use.

The heliport shall not be used until FAA approval is obtained and a copy of the approval is submitted to the town.

Prior to submitting the FAA permit application for the heliport, a copy of the application shall be forwarded to the town. The town's review of the copy of the application is for informational purposes and not intended as an approval requirement.

No fixed base operations or refueling facilities shall be permitted on the hospital-medical center or heliport site.

Lighting of the helipad or final approach and takeoff areas shall comply with FAA regulations but shall be ground level based using cutoff or restrictive features to minimize overspill of light from the activity area itself.

No takeoff and landing area shall be nearer than 200 feet at its closest point to a state or federal highway. The entire takeoff and landing area, as defined by the FAA and determined by the size of the helicopter, shall fall within the property lines of the lot. The developer of a heliport shall be required to place signs warning motorists of low-flying aircraft. These signs shall be placed in accordance with regulations of the state department of transportation.

Fire protection and safety measures shall be in accordance with the FAA and NFPA guidelines. The presence of firefighting equipment shall not be required by the town unless requested by the owner. The cost of providing such firefighting equipment coverage shall be the responsibility of the owner.

The use of sound buffers, proper facility siting, separation distances or other natural or manmade barriers shall be made a part of the heliport approval process.

A protection plan for the innermost portion of the approach and departure routes shall be developed. Protection means may consist of, but not be limited to, acquiring title to the land or leasing the land area, acquisition of air rights, or the written consent of property owners within the approach and departure routes, or other means approved by the town council. The plan shall include an evaluation of viable alternatives. The method of such protection must be approved by the council and consummated by the applicant. The council, acting in its sole discretion, may waive this requirement if the procedure cannot be completed within a reasonable period of time or for reasons beyond the control of the applicant.

(9)

Veterinary hospitals and clinics subject to other requirements of this chapter and provided the following conditions are met:

No animals shall be kept or boarded outside the principal building and there shall be no structure, runs, or pens used for boarding, holding or restraining animals located upon the site outside of the principal building.

The principal building shall be constructed in such a manner and with such materials as to prevent any noise originating within the facility from being heard beyond the approved site boundary line. An architect, engineer or other qualified professional must certify on the site plan that the proposed design and materials will allow no animal noise originating within the building to be heard at any point on the approved site boundary.

All animal waste must be disposed of through the facility septic system and the applicant must submit evidence that the appropriate county or state department has approved the proposed septic systems for the disposal of animal waste.

No dead animal shall be placed in any outside receptacle located on the premises outside the facility.

A vegetated or constructed visual buffer may be required.

Exterior lighting shall be of low intensity and shall reflect upon the site in such a manner as not to interfere with traffic on public streets or highways.

(10)

Apartments on the second story of compatible commercial uses; provided that applicable state building and fire codes are met and that one parking space per bedroom be reserved for the occupants of the apartment in addition to any other parking spaces that may be required.

(11)

Reserved.

(12)

Boat sales and rentals; provided that any outdoor display must be completely screened from the public's view, from public and private rights-of-way or the ground level of adjacent properties according to standards in article VI division 5 of this chapter.

(13)

Reserved.

(14)

Craft production and retail sales, subject to any reasonable conditions imposed by the town council and the following conditions:

The production of crafts must be incidental to and for the purpose of retail sales and not for distribution to wholesale vendors.

The maximum square footage of the area devoted to craft production shall not exceed 800 square feet.

The building in which crafts are produced shall be constructed in such a manner and with such materials as to prevent any noise originating within the facility from being heard beyond the approved site boundary line if the same is a freestanding building and to prevent any noise emanating from within the building, or portion thereof used for craft production, if the same is located within a multiunit structure. An architect, engineer or qualified professional must certify on the site plan that the proposed design and materials will allow no noise from the craft production activity within the building to be heard at any point on the approved site boundary or outside of the building, or that portion of the building used for craft production if the same is located within a multiunit structure.

All odors and vapors, including chemical vapors, associated with or generated by the production of crafts shall be contained within the boundaries of the site or within the building, or that portion of the building used for the production of crafts in a multiunit structure. When requested by the planning board, an engineer's certification shall be furnished to the planning board that the design, construction, and proposed methods of odor and vapor control are sufficient to contain all odors and vapors generated by or emanating from the production of crafts within the site boundary, if a freestanding building, or within the interior of that portion of the building used for the production of crafts in a multiunit structure.

The property owner must provide a waste container of sufficient size to accommodate all of the waste generated by the craft production activity.

If flammable materials are used in the craft production activity, the owner shall obtain and maintain firefighting apparatus or fire extinguishing apparatus in accordance with the requirements of the planning board or the volunteer fire department.

(15)

Print shop. A print shop may be permitted subject to other requirements of this chapter and provided the following conditions are met:

No more than 1,000 square feet may be used for printing purposes, excluding office area.

The principal building shall be constructed in such a manner and with such materials as to prevent any noise originating within the facility from being heard beyond the approved site boundary line. An architect, engineer or other qualified professional must certify on the site plan that the proposed design and materials will allow no machine noise originating within the building to be heard at any point on the approved site boundary.

In the event any chemicals used or stored on the premises require approval by a governmental agency of the method such chemicals are stored, used or disposed, then written evidence of the approval by the appropriate governmental agency shall be furnished to the town.

A list of all chemicals used or stored on the site shall be filed on or before January 10 of each year with the fire department.

(16)

Miniature golf course associated with PCD. A miniature golf course is a course containing all or a significant number of elements of a regulation golf course consisting of some combination of tees, fairways, greens, sand traps, water and vegetation hazards, and varying topography but all of which have been reduced in size to accommodate the project site and designed for the sport of golf. Putt-Putt type golf courses and animated courses are expressly excluded. Miniature golf courses, where authorized in various districts under this chapter, shall meet the following conditions and requirements:

The miniature golf course and support facilities must be located within the boundary of the PCD project.

The miniature golf course must be compatible with the land uses in the PCD project.

The miniature golf course site shall consist of at least 30,000 square feet of land area for an 18-hole course with parking and golf course facilities. The total number of golf course holes shall not exceed 36 holes of play. In addition, a separate practice putting green may be located within the miniature golf course site boundary.

To the extent possible, the course design and layout shall utilize the natural terrain of the site. Alteration of the existing natural topography and the creation of other natural topographical features such as hills, mounds and waterfalls shall require the approval of the planning board and town council. There shall be no animation on or around the course and within the golf course site. The golf course site and course shall utilize only water, earth and natural vegetation as hazards, decorative features and other play-related features and shall not use artificial devices including, but not limited to, miniature buildings, animal, human or vehicular models, signs (other than hole number signs) or billboards. A site plan, including the location and identification of trees larger than six inches in diameter shall be required for miniature golf courses. The PCD submission and review procedure shall apply to the planning review of the golf course site.

The course shall be buffered from adjacent parcels outside the PCD by a vegetated buffer; however, it is permissible for the course to be visible from US Highway 158 if the PCD boundary is contiguous to the right-of-way of US Highway 158. The buffer shall be a vegetated buffer with plants, shrubs and trees approved for use by the planning board. The vegetated buffer shall be maintained by the manager or association responsible for maintenance of the planned commercial development.

There shall be no neon or flashing lights in the miniature golf course site boundary. Lighting of the course shall be contained on the site and shall not interfere with the reasonable enjoyment of adjacent parcels or traffic on streets or highways.

The electrical transmission of sound shall be prohibited.

Alcoholic beverages may not be sold or consumed in the miniature golf course area.

Restroom facilities shall be located within the golf course area for use by the players.

The golf course design shall accommodate stormwater retention and shall comply with the guidelines for soil erosion and sedimentation control.

There shall be one parking space for each numbered hole plus one parking space for each employee working in the golf course site. All parking spaces shall be located within 400 feet of the golf course.

Trash receptacles shall be centrally located and maintained within the golf course site.

(17)

Reserved.

(18)

Game room, subject to the following conditions:

A game room special use can coexist with another authorized district use within a freestanding detached building or within the area owned or leased by a person or entity within a multiuse building where the game room utilizes no more than 49 percent of the gross (interior) square footage of the floor area excluding designated storage area and areas to which customer access is prohibited.

Supervision in the game room area shall be provided during all operating hours. If the owner or lessee of the game room allows the consumption of alcoholic beverages within the game room, then the supervising attendant must be at least 18 years of age.

The game room area shall be constructed in such a manner and with such materials as to prevent any noise originating within the facility from being heard beyond the approved site boundary. If the game room is located in a structure which houses other nonrelated businesses, the noise within the game room must not be audible beyond the boundaries of the area leased or owned by the game room operator. An architect, engineer or other qualified professional must certify on the site plan that the proposed design and materials will comply with these standards.

The maximum number of occupants shall be determined by the building inspector according to the standards of the state fire code. The maximum number of occupants allowed in the game room shall be posted in a conspicuous place therein and its limits shall not be exceeded.

No alcoholic beverages shall be sold in the game room and no alcoholic beverages shall be consumed therein unless permitted by state law and in compliance with state law and the laws of the town.

It shall not be permissible to stimulate play by gambling incentives such as, but not limited to, free plays or games, monetary rewards or the exchange of coupons redeemable for play or gifts.

The parking requirement shall be calculated on the basis of one space for each 200 square feet of floor area devoted to game room use.

(19)

Natural grass putting golf course. The term "natural grass putting golf course" means a course containing all or a significant number of elements of a regulation golf course consisting of some combination of tees, fairways, greens, sand traps, water and vegetation hazards and varying topography, but all of which have been reduced in size to accommodate the project site and designed for the sport of golf and limiting play to the use of a putter. Miniature golf courses utilizing artificial playing surfaces and/or with animated features within the golf course site are expressly excluded. All playing surfaces must be natural grass. Playing surfaces may be connected by wooden walkways not to exceed three feet in width and one foot in height. In addition to any other reasonable requirements or conditions imposed by the town council, a natural grass putting golf course shall satisfy the following conditions and requirements:

The natural grass putting golf course site shall consist of an area that is at least one acre in size for each 18 holes of play. The parking area for the natural grass putting golf course site shall not be located within the boundaries of the natural grass putting golf course site, and the parking area cannot be included in the calculation of the required one acre of land area for each 18 holes of golf. An accessory structure used as a pro shop may be located within the natural grass putting golf course site. In no event shall the total number of golf holes exceed 36; however, a separate practice green may be included within the natural grass putting course site in addition to the maximum of 36 holes of golf.

The natural grass putting golf course shall be designed to utilize the natural terrain of the site as much as possible. The golf course shall contain and consist of only natural materials. A certification must be submitted by the property owner with the site plans stating that there will be no change in natural terrain exceeding two feet in elevation or two feet in excavation of the site. If the existing terrain will be altered by more than a two-foot increase or decrease in elevation, then a topographic plan drawn with elevations at two-foot intervals must be submitted with the site plan.

There shall be no artificial moving objects or animated natural objects on or around the course and within the natural grass putting golf course site. Only water, earth and natural vegetation shall be used as hazards or decorative features. Artificial devices including, but not limited to, miniature buildings, animal, human or vehicular models, manmade waterfalls, signs (other than hole number signs) or billboards are prohibited within the golf course site. The site plan shall show the location of and identify trees larger than six inches in diameter within the project site. To the extent possible, trees with diameters larger than six inches shall be preserved.

The natural grass course shall include a buffer along its common boundary with adjoining properties. The buffer shall consist of an earthen mound at least ten feet wide at its base and six feet high. Natural vegetation shall be planted on the mound to function as a visual screen. The type of vegetation planted on the buffer shall be approved by the planning board. The screen shall be maintained by the owner or operator of the course. In the absence of a buffer and vegetative screen, there shall be an open space buffer 50 feet in width along the common boundary with adjoining properties and lying within the project site. No golf course playing area shall be located closer than 200 feet to the right-of-way of any state road or federal highway. In order to safeguard the public health, safety and welfare, a sufficient vegetative screen shall be provided on property lines adjacent to such state or federal highways. The overall height of the screen shall be at least 12 feet. It shall be opaque to a minimum height of six feet. Intermittent visual obstruction shall be permitted from six feet to a height of at least 12 feet. The opaque portion of the screen is intended to exclude visual contact during all seasons. The intermittent portion shall not contain any unobstructed opening more than 15 feet wide except at approved access points. The screen shall be composed of a landscaped earthen berm, planted vegetation or existing vegetation. The planting materials list in this subsection, defines acceptable species which may constitute the screen. A plan showing details of a proposed screen shall be developed and submitted as part of the site plan review procedure. The plan shall be judged sufficient if it satisfies the standards and species defined in this subsection.

PLANTING MATERIALS

Trees (ten feet to 40 feet)
	Black Pine (Pinus thunbergi)
	Brazilian Butia (Butia capitata)
	Cabbage Palmetto (Sabal palmetto)*
	Cedar (Cedrus deodora)
	Cluster Pine (Pinus pinaster)
	Crepe Myrtle (Lagerstroemia indica)
	Eastern Red Cedar (Juniperus virginiana)
	Live Oak (Quercus virginiana)
	Redbay (Perseaborbonia)
	White Poplar (Populus alba)

Opaque screen (ground to six feet)
	Bayberry (Myrica pensylvanica)
	European Privet (Ligustrum vulgare)
	Japanese Privet (Ligustrum japonicum)
	Oleander (Nerium oleander)
	Pampas Grass (Cortaderia selloana, et al.)
	Pittosporum (Pittosporum tobira)
	Russian Olive (Elaeagnus pumgens)
	Saltcedar (Tamarix gallica)
	Wax Myrtle (Myrica cerifera)
	Yaupon Holly (Ilex vomitoria)

*Requires special care in colder areas.

Lighting within the natural grass putting golf course site boundary shall be shielded and focused on the course in such a manner as not to interfere with the reasonable enjoyment of adjacent parcels of property or traffic on nearby streets or highways. The light shall be contained on the site. Light fixtures shall not exceed ten feet in height. There shall be no neon or flashing lights within the natural grass putting golf course site boundary. A light plan shall be submitted to the planning board as part of the site plan review. The light plan shall demonstrate compliance with the light standards set forth herein.

The transmission of voice or musical sound within the natural grass putting golf course site boundary shall be prohibited. Malt beverages, wine or other beverages containing alcohol shall not be sold or consumed within the boundaries of the natural grass putting golf course. Adequate restroom facilities for the use of golf course players and customers shall be located within the golf course area. Trash receptacles approved by the town and/or county shall be located and maintained on the site. The site plan submitted to the planning board shall contain information and design elements demonstrating that stormwater runoff will be managed in a manner which contains the runoff within the boundaries of the site and otherwise complies with the applicable provisions of chapter 32, pertaining to soil erosion and sedimentation control.

There shall be a minimum of two parking spaces per hole of golf play and one parking space for each golf course employee at the site. If the natural grass putting golf course is planned and included as part of a restaurant mixed-use development, then the minimum parking requirement may be reduced to 1½ spaces per golf hole within the site and one space for each employee at the site.

Accessory uses. A restaurant center that sells snacks and beverages to the customers may be included as an accessory use within the natural grass putting golf course site.

(20)

Bed and breakfast facility.

The bed and breakfast facility shall be compatible in scale of structure and scale of development with residential structures in the neighborhood in which it is located. The principal use of such dwelling structure is residential. The exterior of the structure shall be harmonious with surrounding property. The bed and breakfast use shall be operated in a primary, single-family residential structure and not in any accessory structure.

The operation shall be conducted by persons who own and reside within the dwelling unit. It shall be permissible to employ the equivalent of one fulltime person to assist in the operation.

The rental of rooms shall be on a daily or weekly basis to tourists, vacationers or similar transients. The rental period shall not exceed 14 consecutive days in any 30-day period.

Smoke alarms shall be installed in all rental rooms and in common areas.

The total rented dwelling rooms shall not exceed four and the total occupancy, including the owner, shall not exceed ten persons.

Only signs which comply with standards for display in the zoning district in which the structure is located may be permitted.

No dwelling may be used as a bed and breakfast unless and until it shall have been permitted by the county environmental health department.

Lighting of the premises shall be harmonious with surrounding property. Lighting shall not create glare or interfere with the reasonable enjoyment of adjacent properties.

The town shall issue a permit if all the requirements of this subsection and other applicable provisions of this chapter have been met. The permit shall remain in effect for a period of one year and may be suspended or revoked if a violation of standards is found. The permit shall be renewed each year, upon request, by the code enforcement officer unless it is determined that the use of the dwelling is not in compliance with this chapter. The use of the building as a bed and breakfast shall cease if the permit is not kept in effect.

(21)

Clubhouse and pro shop use subject to reasonable conditions established by the town council and the following conditions:

The height, intensity and location of the exterior lights must be shown on the site plan and approved by the town. The maximum height of exterior lights shall not exceed 20 feet, and the exterior lights shall be positioned such that the light is directed down towards the ground surface and shielded to prevent glare from being observed from adjoining properties and town rights-of-way. An illustration of the proposed exterior lights must be submitted to the town and approved by the town planner.

Cart path surfaces will be maintained in a safe condition by the golf course owner and at the golf course owner's expense. The golf course owner must properly repair any cart path within a town street right-of-way which has been damaged by the town, its employees, agents, contractors, or subcontractors performing work for the town or public utilities performing utility work within the street right-of-way.

The golf course owner shall maintain liability insurance in an amount and form approved by the town, with the town as an additional insured, against risk causing injury or damage due to the presence and use of the golf paths within the town right-of-way.

Warning signs and signals at any town, street, right-of-way crossing or crossings will be maintained by the applicant (at the applicant's expense) in good working order in all times that the golf course is open for play. Failure to maintain signs or signals shall result in a suspension of the special use and shall constitute a violation of this condition which shall be enforceable by the remedy of injunction in addition to, and not in limitation of, other remedies available to the town.

There shall be a minimum of four parking spaces per hole on the site.

A regulation golf course consisting of 18 or more playable holes which has a retail pro shop and/or general administrative offices for the golf course use and any ancillary golf course uses may share a maximum of six parking spaces for the golf course use based upon the parking standards for a retail use (one space per 350 square feet) and for an office use (one space per 500 square feet and one parking space for each employee) in order to satisfy the total parking standards for the golf course use together with the retail pro shop and general administrative office use requirements.

The total number of golf course use shared parking spaces shall not exceed six, and the number of shared parking spaces shall not be increased as a result of an increase in the square footage of the retail pro shop use or the general administrative office use.

(22)

Reserved.

(23)

Reserved.

(24)

Kayak sales or rental; provided that outdoor display must be completely screened from the public's view, from public and private rights-of-way or from the ground level of adjacent properties according to standards in article VI division 5 of this chapter.

(25)

Kayak tours, provided that they comply with section 42-273(c)(8).

(26)

Reserved.

(27)

Retail sale of Christmas trees and wreaths subject to the regulations set forth in section 42-502(3).

(28)

Outside storage associated with furniture stores limited to the following:

All outdoor storage be contained in a maximum of four percent of the site.

Furniture must be outdoor in type.

Fenced to shield from public view.

Must meet all fire code requirements.

Shall not be located on approved drainfield area.

Storage area shall not increase the impervious surface.

Not accessible to the public.

(29)

Indoor ramp parks; provided the following conditions are met:

Supervision in the ramp park area shall be provided during all operating hours.

The ramp park area shall be constructed in such a manner and with such materials as to prevent any noise originating within the facility from being heard beyond the approved site boundary. If the ramp park is located in a structure which houses other nonrelated businesses, the noise within the ramp park must not be audible beyond the boundaries of the area leased or owned by the ramp park operator. An architect, engineer or other qualified professional must certify on the site plan that the proposed design and materials will comply with these standards.

The maximum number of occupants shall be determined by the building inspector according to the standards of the state fire code. The maximum number of occupants allowed in the ramp park shall be posted in a conspicuous place therein and its limits shall not be exceeded.

No alcoholic beverages shall be sold in the ramp park and no alcoholic beverages shall be consumed therein.

It shall not be permissible to stimulate play by gambling incentives such as, but not limited to, free plays or games, monetary rewards or the exchange of coupons redeemable for play or gifts.

The parking requirement shall be calculated based on retail uses not otherwise listed. Parking for food service shall be calculated on eating establishment. Total parking shall be based on the combination of all uses.

The owner/lessee shall execute a hold harmless agreement with the town for any accidents or injuries at the ramp park.

There will be no skateboarding outside the building.

There will be no open air facility. Any open windows or doors will constitute a violation of the noise requirements.

(30)

Bicycle rental and repair shop, subject to reasonable conditions established by the town council and the following conditions:

No outdoor storage of bicycles and other bicycle accessories.

No self-propelled or motorized vehicle (e.g., mopeds) rentals.

All repairs must be made in the interior of the approved building.

(31)

Reserved.

(32)

Electric vehicle dealership: an electric vehicle dealership (rental, sales and service) may be authorized subject to any reasonable conditions and standards imposed by the town council, this Code, and the following conditions:

The project site must be located along U.S. Highway 158 or N.C. Highway 12 frontage;

The project site must contain a minimum of 0.75 acres (or 32,670 sq. ft.);

The project site must have minimum road frontage on U.S. Highway 158 or N.C. Highway 12 of 100 feet;

New buildings shall be set back a minimum of 75 feet from adjoining residential uses or zoning district boundaries;

Parking spaces and vehicles for sale or display to customers must be set back a minimum of 15 feet from the rear property line;

New curb cuts, entrances or exit points from the project site to U.S. Highway 158 or N.C. Highway 12 shall be prohibited;

An opaque fence may be required along the property line when adjoining a residential use;

No electric vehicles shall be placed, parked or displayed within, the town rights of way or the rights of way of U.S. Highway 158 or N.C. Highway 12;

Repair and service of vehicles must take place inside of an enclosed structure;

No electrical vehicle use shall be permitted on multi-use paths;

The location of electrical vehicle dealerships is limited to properties with direct access onto a street with a speed limit of 35 miles per hour or less. If the proposed site cannot comply with this standard, then all vehicles must be delivered.

(33)

Produce stand. The retail sale of fruits, vegetables, flowers, containerized house or bedding plants, herbs and other agricultural food products, such as jam, jelly, vinegar, eggs, cheese or honey, subject to the following terms and conditions:

The project site must have frontage along U.S. Highway 158 or N.C. Highway12;

No produce, plants or related products shall be located within the town or state right-of-way or in designated parking spaces or fire lanes;

The activity may not utilize on-site required parking spaces to conduct retail activities or storage;

No sales shall be conducted after 10:00 p.m. and prior to 7:00 a.m.;

No music shall be produced on the site which music is audible beyond the property lines of the lot on which the sales are being conducted;

Any signs must meet the current standards of this chapter and applicable sign permit requirements;

No additional lighting shall be allowed on the site;

Trailers or vehicles used to transport produce and materials to the site shall be concealed from observation from town streets and state rights-of-way;

Prior to issuance of a special use permit, the applicant shall present a scaled site plan illustrating the location of all vendor display and storage areas, pedestrian circulation areas and ways, and location of required parking;

Any structures must meet wind construction standards and tie-down standards per state building code;

One paved off-street parking stall shall be required for each 300 square feet of occupied retail space. For purposes of this section, retail space shall be that area occupied for the display, sale or storage of goods;

The required parking shall not be allowed in public or private rights-of-way, fire lanes or travel lanes designated on approved site plan;

Any tent occupying over 200 square feet of the site shall require approval from the fire chief;

Sanitary facilities shall be required in a manner consistent with the International Building Code for a similarly sized retail space and shall be located on the subject property and within 200 feet of the market;

On-site garbage or trash receptacles must be provided and properly maintained at all times.

(34)

Vehicle rentals, subject to any reasonable conditions imposed by the town council and the following specific conditions:

No more than three rental vehicles to be parked in the front of the building, the remainder of the fleet shall be parked in the rear of the building.

Total number of rental vehicles shall not exceed fifteen.

Site must have sufficient interior storage for vehicle accessories.

Location must have counter area with restrooms.

Vehicle rental business must be the sole use of the property.

No high occupancy vehicles (seating for ten or more passengers) included in the fleet.

Rental vehicle repair and/or maintenance shall not be performed on site.

(35)

Multi-family dwellings.

Maximum allowable lot coverage by principal use and all accessory structures is 60 percent.

The minimum front yard setback is 15 feet.

The minimum side yard setback is ten feet, an additional five-foot side yard adjacent to the street is required for a corner lot.

The minimum rear yard setback is 20 feet.

The maximum permitted density shall be ten residential dwelling units per acre.

Type A vegetative buffer, per section 42-654 shall be required between any multifamily dwelling and abutting residential zones or uses.

(d)

Dimensional requirements.

(1)

Commercial lots shall be sufficient size to meet the requirements of the county health department, to provide adequate siting for structures, and to provide parking, loading, and maneuvering space for vehicles as required by article VI, division 2 of this chapter; however, all commercial lots shall have a minimum lot size of 15,000 square feet. In addition, a visual buffer is required where a commercial use or zone abuts a residential district. The maximum lot size for a commercial lot or parcel submitted for review and approval in the BC-1 district shall not exceed four acres in area and no use of an owner or tenant on the site shall exceed a maximum area of 25,000 square feet of building area as shown on the commercial site plan.

(2)

The minimum front yard is 15 feet.

(3)

The minimum side yard is ten feet. No side yard is required, if the commercial building is constructed with a common wall. An additional five-foot side yard adjacent to the street is required for a corner lot.

(4)

The minimum rear yard is 20 feet.

(5)

The maximum allowable lot coverage by principal use and all accessory structures is 60 percent. Maximum lot coverage physical area of 72 percent, provided that any lot coverage physical area in excess of 60 percent is comprised of permeable pavement. Permeable pavement failure shall require that the failed permeable pavement is removed and replaced by a pavement meeting the definition of permeable pavement herein with design pavement performance equal to, or better than, the represented performance of the approved pavement.

(6)

Maximum total height shall not exceed 35 feet from existing grade exclusive of chimneys, flagpoles, communication masts and aerials.

(7)

No building or other facility (such as parking areas, trash collection areas, etc.), shall be located nearer than 50 feet to the boundaries of any residential district. The width of a driveway or a road and its right-of-way along such boundary may be included as part, or all, of the 50-foot separation zone, and subsurface wastewater disposal systems and stormwater runoff collection and disposal systems may be located within the separation zone. The planning board may require vegetation to be planted and maintained in the 50-foot separation zone. Notwithstanding the preceding, the width of the separation zone may be reduced from 50 feet to 20 feet for that portion of the commercial lot which is adjacent to any dedicated open space or any recreational area of an adjoining residential development.

(8)

A minimum of 25 percent of the site shall remain in natural or manmade landscaped open space.

(e)

Commercial site plan review. Any person desiring to construct or enlarge a structure for a commercial use or to support a commercial use on the same site and any person desiring to change the authorized commercial use of an existing structure to another permitted or special use shall first submit site plans to the planning board for review and to the town council for its approval as provided in this article.

(f)

Existing structures; use change; comply with state building code. Any building constructed in a commercial zone for a commercial use must comply with the applicable standards of the state building code. Where the use of an existing building is changed from a noncommercial to a commercial use, the owner must obtain site plan approval from the planning board and an occupancy permit before making a commercial use of the building. The structure must satisfy all state commercial building code standards and requirements applicable to commercial structures for the commercial use proposed at the time of the application of the occupancy permit except as provided in this section.

(g)

(h)

Rental unit nonconforming use and density grandfathering. Any motel, hotel, inn or cottage court in the BC or the BH zones may rebuild structures containing one or more rental units and/or freestanding structures used for rental purposes which were in existence and so used on August 18, 1986; notwithstanding such reconstruction would not comply with the density standards of this chapter. Any expansion of the business by the addition of more rental structures shall comply with all the nonuse standards and density standards of this chapter.

(Code 1990, § 20-145; Ord. of 8-18-1986, § 3.01(D); Ord. No. 87-3, 1-19-1987; Ord. No. 87-4, 1-19-1987; Ord. No. 89-20, 8-21-1989; Ord. No. 89-21, 8-21-1989; Ord. No. 89-32, 12-4-1989; Ord. No. 89-35, 12-18-1989; Ord. No. 90-21, 9-4-1990; Ord. No. 90-18, 12-3-1990; Ord. No. 91-12, § 1, 7-15-1991; Ord. No. 91-13, § 3, 10-7-1991; Ord. No. 91-18, 12-10-1991; Ord. No. 92-1, 3-23-1992; Ord. No. 92-8, 7-13-1992; Ord. No. 92-12, 8-3-1992; Ord. No. 93-1, 1-4-1993; Ord. No. 93-2, 1-4-1993; Ord. No. 94-8, 6-6-1994; Ord. No. 94-16, 9-6-1994; Ord. No. 95-18, 9-5-1995; Ord. No. 96-22, 10-7-1996; Ord. No. 97-13, 12-17-1997; Ord. No. 98-3, 2-2-1998; Ord. No. 98-23, 7-7-1998; Ord. No. 99-2, 1-4-1999; Ord. No. 00-5, 1-4-2000; Ord. No. 00-38, 12-4-2000; Ord. No. 00-18, 6-5-2000; Ord. No. 00-39, 12-4-2000; Ord. No. 00-40, 12-4-2000; Ord. No. 01-7, 4-2-2001; Ord. No. 01-10, 4-2-2001; Ord. No. 01-11, 4-2-2001; Ord. No. 01-13, 4-2-2001; Ord. No. 01-31, 10-1-2001; Ord. No. 02-05, § 20-145, 3-4-2002; Ord. No. 03-02, § 20-145, 2-3-2003; Ord. No. 03-05, § 20-145, 2-3-2003; Ord. No. 03-18, § 20-145, 4-7-2003; Ord. No. 03-19, § 20-145, 4-7-2003; Ord. No. 03-26, § 20-145, 5-5-2003; Ord. No. 03-36, § 20-145, 7-7-2003; Ord. No. 03-37, § 20-145, 7-7-2003; Ord. No. 03-38, § 20-145, 7-7-2003; Ord. No. 03-53, 20-145, 10-6-2003; Ord. No. 04-26, § 20-145, 9-13-2004; Ord. No. 07-11, § 20-145, 5-7-2007; Ord. No. 08-18, 12-1-2008; Ord. No. 10-02, 4-6-2010; Ord. No. 10-03, 4-6-2010; Ord. No. 10-14, 12-6-2010; Ord. No. 13-12, 12-2-2013; Ord. No. 15-06, 6-1-2015; Ord. No. 16-05, 4-4-2016; Ord. No. 18-03, 3-5-2018; Ord. No. 18-06, 6-4-2018; Ord. No. 19-02, 1-7-2019; Ord. No. 21-03, Att., 4-6-2021; Ord. No. 22-05, 2-7-2022; Ord. No. 22-17, 9-6-2022; Ord. No. 24-07, 7-1-2024; Ord. No. 24-11, 8-5-2024)

Sec. 42-251. - BC-2 beach commercial district.

(a)

Scope and intent. Unless stated otherwise, this section applies to the BC-2 beach commercial district. The BC-2 district is established to provide for the development of commercial facilities in Kitty Hawk Beach to furnish a broad range of services and commodities to serve the entire community. The BC-2 district has been established to provide for the commercial needs of the town and the immediate surrounding geographical area. The commercial development within the BC-2 district will be characterized by medium size to large size land parcels with commercial development of medium intensity. Commercial centers may be authorized in this district, but large shopping centers or shopping malls, and "big box" retail/wholesale businesses exceed the scale of development planned for this district.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

All permitted uses allowed within the BC-1 district.

(2)

Home center sales; provided there is no outdoor display or merchandise.

(3)

Cabinet and woodworking shops.

(4)

Town owned or leased facilities.

(5)

Marinas.

(6)

Building supply and equipment sales; provided that any outdoor storage area must be completely screened from public rights-of-way or the ground level of adjacent properties.

(7)

Plumbing supply and equipment sales; provided that any outdoor storage area must be completely screened from public rights-of-way or the ground level of adjacent properties.