Land Use Plan Update-1997

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ENGINEERS - DESIGNERS
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380 CLEVELAND PLACE - VIRGINIA BEACH, VIRGINIA 23462

1997
TOWN OF KILL DEVIL HILLS
LAND USE PLAN UPDATE
APPROVED BY BOARD OF COMMISSIONERS:
' December 20, 1999
CERTIFIED BY COASTAL RESOURCES COMMISSION:
March 24, 2000
Board of Commissioners
' Sherry Rollason, Mayor William R. Morris, Jr., Mayor Pro Tempore
James D. Hanks, Commissioner Jeffrey D. Shields, Commissioner
Bill Pitt. Commissioner
' Planning Board
' William Schmidt, Chairman
John B. Gladden Raymond P. Sturza
E. Michael Murray
' Bob Combs, II
Robert Trivette
Staff
Debora P. Diaz, Town Manager
William G. Loy, Director of Planning and Development. Certified as
Planner -In -Charge
Meredith Birdsong, Planner
' Leslie Eldredge, Administrative Assistant
Consultants
William R. Turner, Jr. AICP
William C. Overman Associates, P.C.
380 Cleveland Place
' Virginia Beach, VA 23462
' The preparation of this document was financed in part through a grant provided by
the North Carolina Coastal Management Program, through funds provided by the Coastal
Zone Management Act of 1972, as amended, which is administered by the Office of
' Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration.

I
ACKNOWLEDGMENTS
' The Board of Commissioners and Planning Board wish to express their gratitude to all
the people who gave of their time and talent to make this Update a success.
1
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1997
TOWN OF KILL DEVIL HILLS
LAND USE PLAN UPDATE
TABLE OF CONTENTS
Letter of Transmittal
Acknowledgments
Page No.
Table
of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . i - i
List
of Tables. List of Appendices. List of Maps . . . . . . . . . . . .
. . i-iv
Executive
Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . i -vi i
I.
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . I -1
A. Authority to Plan . . . . . . . . . . . . . . . . . . . . .
. . I-1
B. History of Kill Devil Hills . . . . . . . . . . . . . . . .
. . I-1
II.
GOALS AND OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . .
. . II-1
III.
DATA COLLECTION AND ANALYSIS . . . . . . . . . . . . . . . . .
. III-1
A. Establishment of Information Base . . . . . . . . . . . . .
. III-1
1. Introduction _ . . . . . . . . . . . . . . .
. III-1
2. 1997 Town of Kill Devil Hills Public
Opinion Survey . . . . . . . . . . . .
. III71
3. Review of 1993 Town of Kill Devil Hills
Land Use Plan . . . . . . . . . . . . . . . . . . .
. III-1
a. Introduction . . . . . . . . . . . . .
. III-1
b. Policies Selected and Implementation
Analysis . . . . . . . . . . . . . . . .
. III-1
C. Comparison of 1993 Land Use Policies
to Policies of Adjoining Townships . . . . .
. III-2
d. Improvements Anticipated in 1997 Town
of Kill Devil Hills Land Use Plan Update . .
. III-2
B. Present Conditions . . . . . . . . . . . . . . . . . . . .
. III-3
1. Introduction . . . . . . . . . . . . . . . . . . . .
. III-3
2. Population . . . . . . . . . . . . . . . . . . . . .
. I I I -3
3. Economy . . . . . . . . . . . . . . . . . . . . . . .
. I I I -4
4. Existing Land Use . . . . . . . . . . . . . . . . .
. I I I -5
5. Community Facilities . . . . . . . . . . . . . . . .
. III-7
6. Transportation . . . . . . . . . . . . . . . . . .
. III-7
7. Housing and Accommodations . . . . . . . . . . . . .
. III-7
8. Current Plans and Regulations . . . . . . . . . . . .
. III-7
a. Introduction . . . . . . . . . . . . . . . . .
. III-7
WRT\97091up i - i

C.
b.
Kill Devil Hills Town Code, Chapter 19,
Subdivision Regulations . . . . . . . . . . .
III-8
C.
Kill Devil Hills Town Code, Chapter 21.
Zoning
III-8
d.
Kill Devil Hills Town Code, Chapter 8,
Flood Damage Prevention Ordinance . . . . . .
III-10
e.
Town of Kill Devil Hills Stormwater
Management Plan Update, 1988
III-10
f.
Town of Kill Devil Hills 1990 Shoreline
Access Plan Update . . . . . . . . . . . .
III-10
g.
Town of Kill Devil Hills Recreational
Facilities Plan, Update. 1997 . . . . . . . .
III-11
h.
Site Plan Review . . . . . . . . . . . . . . . .
III-11
i.
Capital Improvement Plan . . . . . . . . . . . .
III-11
j.
Storm Hazard Mitigation and Post -Disaster
Reconstruction Plan . . . . . . . . . . . . .
III-11
9. Constraints
-to Development and Land Suitability . . . .
III-12
a.
Introduction . . . . . . . . . . . . . . . . . .
III-12
b.
Physical Limitations for Development . . . . . .
III-12
(1) Man -Made and Natural Hazard Areas . . . .
III-12
(2) Areas with Soil Limitations . . . . . . .
III-13
(3) Water Supply Sources; Estimated
Quality and Quantity . . . . . . . . .
III-17
(4) Areas Where Predominant Slope
Exceeds Twelve Percent
III-17
C.
Areas of Environmental Concern (AEC) and
Fragile Areas . . . . . . . . . . . .
III-17
d.
Areas with Resource Potential . . . . .
III-22
10. Constraints to Development and Carrying Capacity Analysis
III-22
a.
Introduction . . . . . . . . . . . . .
III-22
b.
Existing Water and Sewer Service Areas . . . . .
III-22
C.
Design Capacity of Community
Facilities and Utilization and Remaining
Capacity . . . . . . . . . . . . . . . . . . .
III-24
d.
Bui 1 dout . . . . . . . . . . . . . . . . . . . .
I I I -25
Estimated Demand . . . . . . . . . . . . . . . . . . . . . III -25
1. Introduction . . . . . . . . . . . . . . . . . . . . .
2. Population . . . . . . . . . . . . . . . . . . . .
a. Seasonal Population . . . . . . . . . . . . . .
b. Local Objectives Concerning Growth . . . . . . .
3. Economy . . . . . . . . . . . . . . . . . . . . . . . .
4. Future Land Need . . . . . . . . . . . . . . . . . . .
5. Community Facilities Demand . . . . . . . . . . . . . .
6. Transportation . . . . . . . . . . . . . . . . . .
7. Housing and Accommodations . . . . . . . . . . . . . .
WRT\97091up i - ii
III-25
III-26
III-26
III-26
III-26
III-26
III-26
III-27
III-27

IV. LAND
USE ISSUES, BACKGROUND, POLICIES, AND IMPLEMENTATION STRATEGIES
IV-1
A.
Introduction
. . . . . . . . . . . . . . . . . . . . . . . .
IV-1
Timing
B.
of Implementation . . . . . . . . . . . . . . . . . .
IV-2
C.
Resource
Protection Issues . . . . . . . . . . . . . . . . .
IV-2
1.
Areas of Environmental Concern (AEC) . . . . . . . . .
IV-2
2.
Hazardous or Fragile Areas . . . . . . . . . . . .
a. 404 Wetlands. Freshwater Swamps, and Marshes
IV-3
IV-3
b. . Maritime Forests . . . . . . . . . . . . . . . .
IV-4
3.
Protection of Potable Water Supply . . . . . . . . . .
IV-4
4.
Package Treatment Plants . . . . . . . . . . . . . . .
IV-5
'
5.
Stormwater Runoff
IV-6
6.
Marinas. Floating Homes, Dry Stack
Storage Facilities, and Mooring of
'
Vessels in Public Trust Waters
IV-7
7.
Industrial Impact.on Fresh Pond AEC . . . . . . . . . .
IV-8
8.
Sound and Estuarine Islands . . . . . . . . . . . . . .
IV-9
1
9.
Restriction of Development within Areas Up
to Five Feet Above Mean High Water . . . . . . . . .
IV-9
10.
Upland Excavation . . . . . . . . . . . . . . . . . . .
IV-10
11.
Bulkheads . . . . . . . . . . . . . . . . . . . . . . .
IV-10
'
12.
Flood Plain Management
IV-11
13.
Duneplowing and Revegetation . . . . . . . . . . . . .
IV-11
'
14.
Areas of Archaeological or Historical Significance . .
IV-12
D.
Resource Management Issues . . . . . . . . . . . . . . . . .
IV-13
'
1.
Agriculture, Forestry, Mining,
Fishing, and Recreation
IV-13
2.
Mineral Production Areas . . . . . . . . . .
IV-14
3.
Fisheries and Nursery and Habitat Areas
IV-14
4.
Wildlife Management . . . . . . . . . . . . . . . . . .
IV-15
5.
Off -road Vehicles . . . . . . . . . . . . . . . . . . .
IV-15
E.
Economic and Community Development Issues . . . . . . . . . .
IV-16
1.
Residential, Commercial, Industrial, and Institutional
Development . . . . . . . . . . . . . . . . . . . . .
IV-16
2.
Architectural Review Standards
IV-17
3.
Industrial Development . . . . . . . . . . . . . . . .
IV-18
4.
Service Provision to Development . . . . . . . . . . .
IV-18
5.
Uniform Planning Corridor Overlays and Inter -
jurisdictional Regulatory Consistency . . . . . . .
IV-19
6.
Redevelopment . . . . . . . . . . . . . . . . . . . . .
IV-20
'
7.
State and Federal Programs . . . . . . . . . . . . . .
IV-20
a. Erosion Control
IV-20
b. Public Building Accessibility . . . . . . . . .
IV-21
C. Highway Improvements . . . . . . . . . . . . . .
IV-21
WRT\97091up
i - iii

d. Dredging . . . . . . . . . . . . . . . . . .
. . IV-21
,
e. Wright Brothers National Historic Site . . .
. . IV-21
8.
Beach Erosion and Beach Nourishment . . . . . . .
. . IV-21
9.
Channel Maintenance . . . . . . . . . . . . . . . .
. . IV-23
10.
Outer Continental Shelf (OCS) . . . . . . . . . . .
. . IV-24
'
11.
Energy Facilities . . . . . . . . . . . . . . . . .
. . IV-25
12.
13.
Tourism . . . . . . . . . . . . . . . . . . . . . .
Beach Accesses . . . . . . . . . . . . . . . . . .
. . IV-26
. . IV-26
14.
Basin -wide Watershed Planning . . . . . . . . . . .
. . IV-27
15.
Recycling . . . . . . . . . . . . . . . . . . . . .
. . IV-28
16.
Consol i dati on . . . . . . . . . . . . . . . . . . .
. . IV-28
'
17.
Water Facilities . . . . . . . . . . . . . . .
. . IV-29
18.
Water Conservation . . . . . . . . . . . . . . . .
. . IV-29
19.
Sewer Facilities . . . . . . . . . . . . . . . . .
. . IV-30
20.
Signs . . . . . . . . . . . . . . . . .. . . . . . .
. . IV-31
'
21.
Transportation - Local Streets . . . . . . . . . .
. . IV-31
22.
Transportation - Interjurisdictional Roads . . . .
. . IV-32
23.
Short Term Rentals . . . . . . . . . . . . . . . .
. . IV-34
'
24.
Recreation
IV-34
25.
Community Appearance . . . . . . . . . . . . . . .
. . IV-35
26.
Annexation . . . . . . . . . . . . . . . . . . . .
. . IV-36
27.
Historic Preservation . . . . . . . . . . . .
. . IV-37
'
28.
Housing Mix . . . . . . . . . . '... . . . . . .
. . IV-37
29.
Building Heights . . . . . . . . .... . . . . . . .
. . IV-39
30.
Health . . . . . . . . . . . . . . . . . . . . . .
. . IV-42
'
31.
Education . . . . . . . . . . . . . . . . . . . . .
. . IV-42
32.
Capital Improvements . . . . ... . . . . . . . . .
. . IV-43
33.
Growth . . . . . . . . . . . . . . . . . . . .
. . IV-43
,
34.
Adult Entertainment . . . . . . . . . . . . . .
. . IV-44
35.
Jet Skis and Personal Water Craft . . . . . . . . .
. . IV-45
36.
Insurance . . . . . . . . . . . . . . . . . . . . .
. . IV-46
37.
Vegetation Removal . . . . . . . . . . . . . . . .
. . IV-46.
'
F.
Public
Education and Citizen Participation . . . . . . .
. . IV-47
G.
Natural
Hazards Planning . . . . . . . . . . . . . . . .
. IV-48
1.
Introduction . . . . . . . . . . . . . . . . . . .
. . IV-48
2.
Storm Hazard Mitigation . . . . . . . . . . . . . .
. . IV-49
3.
Post -disaster Recovery . . . . . . . . . . . . . .
. . IV-50
4.
Hurricane Evacuation . . . . . . . . . . . . . . .
. . IV-51
,
V. LAND
CLASSIFICATION SYSTEM . . . . . . . . . . . . . . . . .
V-1
. .
. . .
'
A.
Introduction . . . . . . . . . . . . . . . . . . . . . .
. . . V-1
B. Land Classifications . . . . . . . . . . . . . . . . . . . . . V-1 '
Workshops and Meetings . . . . . . . . . . . . . . . . . . . . . . . . . WS&M-1
Sources Consulted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC-1
WRT\97091up i - iv

Isources consulted ........................................... sc-1
APPENDICES ................................................... Al-1
MAPS............................................. sleeves 1 and 2
I
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WRT\97091 up i - v
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LIST OF TABLES
TABLE 1 Comparison of 1980 and 1990 Populations and 1994
Population Estimates for Selected Outer Banks Localities
and Percent of Growth . . . . . . . . . . . . . . . . . . . . . III-4
TABLE 2 General Fund Revenues for Fiscal Year Ended June. 1997
Town of Kill Devil Hills. North Carolina . . . . . . . . . . . III-5
TABLE 3 Soil Types and Characteristics in Kill Devil Hills.
North Carolina . . . . . . . . . . . . . . . . . . . . . . III-15
LIST OF APPENDICES
APPENDIX 1 Public Education and Citizen Participation Plan for Use
in Preparing the 1997 Town of Kill Devil Hills
Land Use Plan Update . . . . . . . . . . . . . . . . . . . . . Al-1
APPENDIX 2 1997 Town of Kill Devil Hills Public Opinion Survey:
Survey Form and Response Percentages . . . . . . . . . . . . . A2-1
LIST OF MAPS
MAP 1
Existing Land Use . . . . . . . . . . . . . . . . . . . . .
. . SLEEVE 1
MAP 2
Zoning Districts . . . . . . . . . . . . . . . . . .
. . SLEEVE 1
MAP 3
Stormwater Management System . . . . . . . . . . . . . . . .
. . . SLEEVE 1
MAP 4
Flood Zones . . . . . . . . . . . . . . . . . . . . . . . .
. . SLEEVE 1
MAP 5
Soil Types . . . . . . . . . . . . . . . . .
. . SLEEVE 2
MAP 6
Areas of Environmental Concern (AEC) and Fragile Areas . . .
. . SLEEVE 2
MAP 7
Areas of Archaeological or Historical Significance/
Shoreline Access Locations . . . . . . . . . . . . . . . . .
. . SLEEVE 2
MAP 8
Land Classifications . . . . . . . . . . . . . . . . . . . .
. . SLEEVE 2
WRT\97091up i - vi

IEXECUTIVE SUMMARY
As the word update implies, the planning effort represented by this document was
' geared toward providing a "snapshot" of the Town of Kill Devil Hills in 1997 as
compared to 1993. Generally, the picture shows a town that is an appealing place to
live and to visit, a town that has made definite strides, and a town that is looking
for better ways to serve the public and meet the demands of the future.
• The Coastal Area Management Act of 1974 (CAMA) establishes a cooperative
' program of coastal area management between local governments and the State.
Land use planning lies at the center of local government's involvement.
• The Town of Kill Devil Hills was incorporated in 1953.
' • Kill Devil Hills is located within Dare County. Its neighbors to the north
are the towns of Kitty Hawk and Southern Shores. Its neighbor to the south is
the Town of Nags Head.
• Kill Devil Hills is a resort community of approximately 5.130 residents with a
peak seasonal population of about 40,000.
• The Board of Commissioners, as a part of its mission, is intent on efforts to
foster civic pride by enhancing the natural beauty of the area such as the:
' ► promotion of public perception
► promotion of family values and beach atmosphere
► maximizing value of taxpayer dollars (fiscal responsibility)
► protection and accessibility of natural resources
• During the policy discussion process. the Town compared its land use policies
to those of Kitty Hawk, Nags Head, and Dare County as found in their land use
plans of record. Generally, the three localities adopted land use policies
that were consistent with each other except for support of a community -wide
' sewer system and with respect to building heights.
• The population of Kill Devil Hills is predominantly Caucasian (+98%).
1 An estimated 51% of the Town's population is between the ages of 18 and 44
years. About 20% of the population is younger than 18 years, while about 15%
are over 65 years.
• The provisional population estimate from the State places the Town's 1996
population at 5.130, an increase of 892 since 1990. or an average annual
increase of about 3% during the period. The peak population (year round
' residents and visitors) is estimated to be about 40.000.
• The economy of Kill Devil Hills relies primarily on tourism as its main
' industry.
97091 up i - vi i

• Since the development of the 1993 Plan. no major subdivisions have been
reviewed. Since 1993, minor subdivisions and boundary adjustments have
occurred routinely.
• From fiscal year 1992-93 through June 30. 1997. 22 permits for new commercial
construction were issued while permits for new residential construction
totaled 332. During the same period, permits for additions, alterations, and
conversions to commercial buildings numbered 230 with another 607 permits for
like activities to residential structures.
• Presently, 95-98%.of the private land in Kill Devil Hills with development
potential has been platted.
• Land use patterns in Kill Devil Hills reflect the orientation of the community
to the Atlantic Ocean shoreline and the economic base provided by tourism.
• The immediate oceanfront..in Kill Devil Hills provides the setting for a number
of hotels, motels, and condominium projects, most of which were constructed
from 1970 - 1980.
• On the west side of Virginia Dare Trail, a second tier of residential
structures has developed.
• A residential district in the vicinity of the Wright Brothers National
Memorial is intended to serve as a residential buffer between the two
commercial districts.
• Community facilities adequately meet the current needs of the citizens of Kill
Devil Hills.
• Many of the current transportation.system needs of Kill Devil Hills are being
met or have been planned for by the Town or the North Carolina Department of
Transportation.
• There are approximately 4,400 single family structures in Kill Devil Hills.
840 multifamily dwellings. and over 1.600 motel/hotel rooms in the Town.
• The Town of Kill Devil Hills uses the police power vested in the Board of
Commissioners to enforce a number of growth management guidelines. The Town
also maintains a professional staff to administer these guidelines and various
advisory groups to develop plans and make recommendations to the Board
concerning land use and growth management.
• Chapter 19 of the Town Code provides guidelines for the subdivision or
recombination of parcels of land in Kill Devil Hills.
• Chapter 21 of the Town Code provides local guidelines for land use through the ,
establishment of zoning districts. Permitted and prohibited uses for each
zoning district are defined in this chapter. as are the minimum lot sizes,
97091up

maximum building heights, population density ratios, minimum yard setbacks,
and other appropriate guidelines.
• The two major transportation routes serving the Town, NC 12 (Virginia Dare
Trail) and U.S. 158 (Croatan Highway), were the primary factors influencing
the development of the Town's approach to zoning. These two highways have
become borders that identify patterns of land use and geographic sub -regions.
• All areas of special flood hazard within the Town as identified by the Federal
Emergency Management Agency's (FEMA) on its Flood Insurance Rate Map (FIRM)
375353B, April 12. 1993, are regulated. The Town's building inspector
administers the ordinance.
' • In 1983, the Town commissioned a study to identify its storm water management
problem areas and to develop a management plan for coping with them.
11
1
• Kill Devil Hills commissioned the preparation of a shoreline access master
plan in 1979. In 1990 and 1998. the Town updated this plan to assist its
users with the development of shoreline accesses.
• Completed in 1997. the Recreational Facilities Plan Update further defined
projects and priorities and provided detailed mapping and cost estimates.
• Chapter 21 of the Town Code requires the submission of site plans for all
commercial development projects and all multi -family residential development
projects -in excess of a quadraplex.
• In 1997, the Town developed its first Capital Improvement Plan. The plan was
formatted and intended to be a dynamic document which will effectively serve
the Town for fiscal decisions and planning purposes henceforth. The Plan will
be reviewed and updated annually during the months leading up to budget
preparation in the Town.
• The Storm Hazard Mitigation and Post -Disaster Reconstruction Plan establishes
procedures and actions to reduce the potential for loss of life, minimize
damage to property, and to provide a framework for orderly construction in the
event of a hurricane or other natural disaster.
• Kill Devil Hills contains one notable man-made hazard area -- the landing
strip at the Wright Brothers National Memorial.
• Flooding is the most common natural hazard faced by the Town. The dominant
source of flooding in Kill Devil Hills is storm surge generated in the
Atlantic Ocean and Albemarle Sound by winter storms, tropical storms,
northeasters, and hurricanes.
• Flood hazard areas have been mapped and the 10-year coastal floodplain
identified on the Flood Insurance Rate Map for the Town.
97091up i - ix

• Current trends show that most soils in Kill Devil Hills can be modified to
'
accommodate development, but environmental and monetary costs can sometimes be
prohibitive.
• The on -site disposal of septic tank effluent is a common soils problem
'
throughout Kill Devil Hills. Many poorly drained and/or impermeable soils in
the area are severely limited in their ability to accommodate septic tank
effluent in a safe and sanitary manner.
• Kill Devil Hills relies on three primary water sources. These are:
,
- deep wells in Skyco on Roanoke Island;
- Fresh Pond; and,
- Reverse Osmosis Plant.
,
• -In a 1996 agreement with Dare County, Kill Devil Hills relinquished its
ownership in these facilities and will continue to purchase water from the
County. The Town's allocation is 3 million gallons per day. Currently, peak
,
water demand is approaching 2 million gallons per day.
• Areas in Kill Devil Hills where the predominant slope exceeds twelve percent I
include:
- Wright Brothers National Memorial:
- Run Hill:
- frontal and primary dunes along the oceanfront: and,
- dunes with vegetative cover in the maritime forest.
• Under the Coastal Area Management Act (CAMA), North Carolina's Coastal
Resources Commission (CRC) has designated a number of areas of environmental
concern (AEC) in order to protect the State's valuable natural resources.
Seven types of AEC's in three categories are found in Kill Devil Hills. These
are:
Estuarine Svstem AEC's
Estuarine Waters
Coastal Wetlands
Public Trust Areas
Estuarine Shorelines:
Ocean Hazard AEC's
Ocean Erodible Areas
- High Hazard Flood Areas; and,
Public Water Supply AEC's
- Fresh Pond.
97091up
i -x

•
The State classifies tidal salt waters as follows:
Class SA: Shellfishing for market purposes and any other usage specified by
the "SB" and "SC" classification:
Class SB: Primary recreation and any other usage specified by the "SC"
'
classification:
Class SC. Fish and wildlife propagation, secondary recreation, and other
uses requiring waters of lower quality
t•
The waters of the.Atlantic Ocean carry the "SB" water quality use
classification. The waters of Kitty Hawk Bay carry the "SC" water quality use
'
classification.
•
Kill Devil Hills is located entirely within the hydrologic unit identified as
03010205230030. See MAP 1. MAP 6, and MAP 8.
'
•
Until 1996, Kill Devil Hills. Dare County, and Nags Head shared in the
operation of the Dare County Regional Water System. At that time, Kill Devil
Hills relinquished its ownership rights to the systems' plants and sources.
Kill Devil Hills is allocated 3 million gallons per day (MGD) of the 9.9 MGD
that can be generated by water system facilities. The system can be expanded
to generate a total of approximately 16.0 MGD, of which Kill Devil Hills would
be entitled to approximately 4.5 MGD.
•
The average water consumption for the Kill Devil Hills system was
approximately 1.22 MGD for fiscal year July 1. 1996 to June 30, 1997. The
peak demand in 1997 was 2.0 MGD. As of June. 1997. the Kill Devil Hills water
system had 4.547 residential water meter accounts and 206 commercial accounts.
'
•
There are two elevated water storage tanks in Kill Devil Hills.
•
Ground storage is .70 million gallons at W. 8th Street and .50 million gallons
'
at the Police. Fire, and Finance complex, 1634 North Croatan Highway.
•
Kill Devil Hills. like its neighbors. relies on septic tanks and some package
treatment plants. The following is a list of the package wastewater treatment
'
plants in Kill Devil Hills:
Outer Banks Beach Club Wastewater Treatment Plant
Holiday Inn
- The Kill Devil Hills Ocean Acres Plant
•
At present, most community facilities generally appear to be adequate to meet
existing demands. However, for the five year planning period (1997-2002).
facilities' maintenance and upgrading will become more crucial.
'
•
After collection by the Town, solid waste is transported to a transfer station
in Manteo. The waste is then disposed of at the Bertie County Regional
Landfill.
97091up i - xi

• The educational needs of Kill Devil Hills are the responsibility of Dare
County.
• The North Carolina Department of Transportation maintains the major highways
within the Town and routinely develops plans for system improvements.
• The Town has developed a master plan for local street improvements.
• Buildout, if defined as every parcel being developed to its highest
permissible density, could only be achieved with the use of community -wide
wastewater. The complete coverage of the Town by development will not likely
occur before the year 2007.
• The Town projects its 2003 permanent population at 6.100 and projects the peak
visiting population plus permanent population in 2003 to be about 48,000.
• A moderate growth rate that will result in a permanent population of about
8,500 persons by 2007 is projected.
• The Town will continue to rely..on tourism as its main industry throughout the
planning period.
• There is sufficient vacant land to meet the demands anticipated for the
planning period.
• Most of the community facilities demands anticipated for the planning period
will be adequately met by existing facilities and those planned.
• Transportation system demands anticipated for the planning period will become
more problematic and may not be adequately met by the existing system.
• The demand for housing and accommodations anticipated for the planning period
will be met by existing stock and private initiative based upon market
demands.
• The Town implemented or is implementing most of the strategies identified in
the 1993 Land Use Plan. Most notable were updates of its Recreational
Facilities Plan and Shoreline Access Plan and the development of a Capital
Improvements Plan and a Storm Hazard Mitigation and Post -Disaster
Reconstruction Plan.
• In addition to numerous workshops and meetings devoted to the review of land
use issues. Town policies, and implementation strategies, the Town distributed
a public opinion survey in July 1997. Of the 7.000 surveys distributed, 1.500
(21.4%) were returned by the August cutoff date. The results of survey
response, as applicable, are included in the BACKGROUND discussions of each
policy listed in Chapter IV of this Update.
• Following is a list of Town policies with respect to land use planning.
growth, and development:
97091up i - Xii

E PROTECTION -ISSUES
RESOURCE PROTECTIO ISSU S
' 1. Areas of Environmental Concern (AEC): The Town supports the guidelines of the
Coastal Area Management Act and the associated policies of the Coastal
Resources Commission but reserves the right to oppose specific sections of the
CAMA. The Town is opposed to any additional AEC designations or the extension
or enlargement of any existing AEC designations within its borders.
' 2. Hazardous or Fragile Areas
a. 404 Wetlands. Freshwater Swamps, and Marshes - The Town supports CAMA
and U.S. Army Corps of Engineers regulations as applicable, reserving
the right to review any proposed modification to existing regulations.
The Town supports mitigation activities when used in conjunction with
public purpose projects.
b. Maritime Forests - The Town supports the maintenance and management of
maritime forests and supports the use of locally adopted management
guidelines. The Town encourages private owners of land in maritime
forests to retain the natural wooded condition of their property.
3. Protection of Potable Water Supply: The Town supports the protection of its
water supply resources.
4. Package Treatment Plants: The Town supports the establishment of a community -
wide wastewater treatment system for the protection of the health, safety, and
welfare of the citizens of Kill Devil Hills and not to promote increased
dwelling density. The Town supports the use of package treatment plants in
the interim if they are:
designed to treat less than 100,000 gallons per day:
affixed to the units they serve: and
if both the package treatment plants and the units they serve are
located within the boundaries of Kill Devil Hills.
5. Stormwater Runoff: The Town supports the mitigation of adverse impacts
associated with stormwater runoff within Town limits and the policies adopted
as a part of the Town of Kill Devil Hills Stormwater Management Plan Update.
' 1988 and subsequent updates.
6. Marinas, Floating Homes, Dry Stack Storage Facilities. and Mooring of Vessels
in Public Trust Waters: The Town opposes floating homes, dry stack storage
facilities, and the mooring of vessels in public trust waters not affiliated
with a marina or a private dock in Kill Devil Hills.
7. Industrial Impact on Fresh Pond AECs: The Town supports the protection of
fragile areas such as the Fresh Pond AEC and supports measures to mitigate
' potential adverse effects of industrial uses.
8. Sound and Estuarine System Islands: The Town supports the preservation of the
current undeveloped state of sound and estuarine islands under the
jurisdiction of Kill Devil Hills.
9. Restriction of Development within Areas Up to Five Feet Above Mean High Water:
The Town supports the restriction of development within areas up to five feet
above mean high water susceptible to sea level rise and wetland loss.
10. Upland Excavation: The Town supports properly permitted excavation of upland
areas for marina basin development.
11. Bulkheads: The Town supports the continued construction of properly permitted
' estuarine bulkheads, but does not favor issuing bulkhead permits where
substantial wetlands loss is imminent.
12. Flood Plain Management: The Town supports the concept and practice of flood
' plain management and participation in National Flood Insurance Program
Community Rating System.
I97091up i - xiii

13. Duneplowingg-and Revegetation: The Town supports the construction and
revegetation of ocean -front sand dunes and opposes the mining of inland dunes.
14. Areas of Archaeological or Historical Significance: The Town supports the
protection of identified areas of archaeological or historical significance.
RESOURCE MANAGEMENT ISSUES
1. Agriculture, Forestry. Mining. Fishing. and Recreation: The Town supports and
encourages recreational activities including fishing and discourages
commercial agriculture, forestry, and mining.
2. Mineral Production Areas: The Town opposes any mining activities within Town
limits.
3. Fisheries and Nursery and Habitat Areas: With the exception of channel and
maintenance dredging activities, the Town supports the protection of
commercial and recreational fisheries, nurseries, and habitat areas.
4. -Wildlife Management: The Town supports the concept of wildlife management
within Town limits.
5. 'Off -road Vehicles: The Town supports seasonal restrictions on beach driving.
ECONOMIC AND COMMUNITY DEVELOPMENT ISSUES
1. Residential, Commercial. Industrial, and Institutional Development: The Town
supports the concept of repackaging commercial development to make it more
attractive and compatible with the residential character it strives to
preserve.
2. Architectural Review Standards: The Town supports architectural standards for
new development and uniform residential and non-residential structural designs
for other than single family dwellings and duplexes. It also supports the
concept of incentives for architectural enhancements. The Town will develop
language for inclusion into the zoning ordinance to encourage the use of Outer
Banks traditional building styles.
3. Industrial Development: The Town supports Federal and State legislation to
recognize tourism as a desired industry.
4. Service Provision to Development: The Town supports exactions and impact fees
from developers for services and infrastructure improvements which they
require and as necessary to address impacts created by development.
5. Uniform Planning Corridor Overlays and Interjurisdictional Regulatory
Consistency: The Town supports the concept of a uniform planning corridor to
-include an overlay district providing consistent sign. lighting. and
landscaping regulations for the length of U.S. 158 throughout Dare County.
6. -Redevelopment: The Town supports redevelopment of developed areas only after
-the review of any redevelopment plans for consistency with the Town's land use
strategy. With respect to redevelopment of non-commercial land fronting on
U.S. 158. the Town shall encourage the preservation of existing residential
land use along those portions of U.S. 158 not zoned commercial.
7. State and Federal Programs: The Town supports interaction with Federal and
State legislators and staffs to promote the exchange of ideas and information
regarding issues that will effect the Town.
B. Beach Erosion and Beach Nourishment: The Town supports long term efforts to
maintain and enhance the public trust beach through the funding of a beach
nourishment project using Federal. State. and local funds. The Town supports
Dare County's efforts in a storm protection project involving Kill Devil
Hills, Kitty Hawk, and Nags Head. It also favors non-structural responses to
erosion such as relocation and/or acquisition of existing endangered
structures. setbacks for new construction, and measures as may be necessary as
F�
I
I
97091up i - xiv I

' r rote im temporary remedial action to protect property endangered due to
erosion so severe that non-structural responses are impractical or
ineffective. It is the Town's position that individual property owners should
bear the cost of site specific protection measures and mitigation costs when
such measures cause damages to public beaches and down drift property owners.
' Also, the Town supports long term effort to maintain and enhance the public
trust beach through funding of a beach nourishment project using Federal,
State, and local funds.
' 9. Channel Maintenance: The Town supports channel maintenance activities in
surrounding waters: particularly at the Dock Street public boat ramp and
including partial local funding when necessary. It supports Federal, State,
and local efforts for navigational dredging projects. The Town opposes permit
denial for navigational dredging projects if such denial is based on the
presence of submerged aquatic vegetation.
10. Outer Continental Shelf (OCS): The Town is opposed to any offshore
' exploration for or production of oil or natural gas in the vicinity of the
Outer Banks. Such activity would be incompatible with the Town, its
established tourist industry, fishing industry, and the preservation of
natural and public trust areas -- all particularly dependent upon
uninterrupted ocean and groundwater of the highest quality.
U . Energy Facilities: The Town opposes the placement of public and multi -service
energy facilities other than carefully planned substations within Town borders
and supports the placement of utility lines underground.
12. Tourism: The Town supports tourism and its recognition as an industry. The
Town supports measures that promote and enhance its public image.
13. Ocean and Sound Accesses: The Town supports the provision of access to the
shores for residents and visitors of Kill Devil Hills.
14. Basin -wide Watershed Planning: The Town supports the concept of basin -wide
watershed planning but reserves the right to comment on implementation
' measures that may result from such studies.
15. Recycling: The Town supports the current system of a centralized drop-off
center and study of curbside recycling.
16. Consolidation: The Town supports consolidation of services through interlocal
agreements and contracts when services can be provided more cost efficiently
through such agreements.
17. Water Facilities: The Town supports the economical and efficient provision of
potable water to its citizens and the construction and maintenance of
facilities as necessary. It supports the continued reliance on the Dare
County Water Department for providing water. The Town will work with Dare
County to study additional and alternative water sources.
18. Water Conservation: The Town supports voluntary water conservation measures
and the concept of government incentives for retrofitting. older structures to
accomplish this goal.
19. Sewer Facilities: The Town supports the establishment of a community -wide
wastewater treatment facility within the Government and Institutional zone
' without surface water discharge of effluent. The Town supports periodic or
regular inspections of private septic systems.
20. Signs: The Town supports the regulation of signs through Chapter 21, Zoning,
of the Town Code.
21. Transportation - Local Streets: The Town supports a "pay as you go" policy
for the construction and improvements of streets as may be necessary to
Improve traffic flow and drainage and accommodate new development. The Town
supports the concept of requiring those who generate the demand to pay for the
local street improvements that may be necessary to provide for safe traffic
movement. The Town is not opposed to the concept of alternative funding
97091up 1 - XV

policies including special assessments. The Town supports the provision of
paved shoulders and detached bicycle trails for pedestrian and bicycle traffic
in predetermined areas.
22. Transportation - Interjurisdictional Roads: The Town supports the 1995 Outer
Banks Thoroughfare Plan, but reserves the right to comment on specific
elements prior to its implementation. The Town supports the expeditious
completion of the following interjurisdictional road improvement projects by
the North Carolina Department of Transportation:
Five-laning of SR 168 to the Virginia -North Carolina line.
- Projects necessary to mitigate drainage problems and provide
pedestrian and bicycle amenities along NC 12.
Replace all wire and pole signals with mast arm signals.
Projects necessary to improve the entire SR 1217 corridor
including widening to facilitate bicycle traffic.
- Four-laning of U.S. 64 from Raleigh to the coast.
Construction of "Gateway to Midway Bridge" across Croatan Sound.
_ Resurfacing/redesign/reconstruction of U.S. 158.
23. 5hort Term Rentals: The Town supports the vigorous enforcement of rules and
regulations mitigating the adverse effects of problems associated with short
term rentals.
24. Recreation: The Town supports the provision of adequate, accessible, and
well -maintained public recreational facilities geared toward children and the
year-round population. It also supports organized recreational activities.
25. Community Appearance: The Planning Board will continue to serve as the
Community Appearance Committee. The Committee would select recipients of
Community Appearance Awards and advise the Board on methods by which the
community's appearance might be improved including studies and recommendations
as may be necessary to address the problem of litter on beaches and along
roads.
26. Annexation: The Town supports the regulation of land uses of unincorporated
land within one mile of the Town's jurisdictional limit and is not opposed to
participating in friendly annexations if favorable to the Town.
27. Historic Preservation: The Town favors the identification of historic
structures and the establishment of a Historic Preservation Committee to help
identify such structures -- paying particular attention to the original Coast
Guard Station.
28. Housing Mix: The Town will continue its three-tier approach to land use and
housing mix, with land use west of U.S. 158 reserved primarily for detached
single family residential use, restrictive zoning guidelines for land use east
of NC 12 and highest and best use zoning districts between the two highways at
the North and South ends of the Town.
29. "Building Heights: The Town supports the maintenance of its traditional low -
profile image and skyline by limiting oceanfront and residential district
building heights to not more than 42 total feet. A maximum building height of
50 feet in the commercial and light industrial zoning districts is also
supported.
30. Health: The Town supports the continued provision of quality, affordable
health care and the construction of a full service hospital in Dare County.
31. Education: The Town supports the construction of additional educational
facilities as may be necessary -- particularly a high school -- in Kill Devil
Hills. on the Baum Tract.
32. Capital Improvements: The Town supports the concept of capital improvement
planning.
33. Growth: The Town supports current regulatory efforts to maintain a moderate
growth rate with a 2002-03 target permanent population of approximately 6,100
97091 up i - xvi
77
L
L
u

persons and a target peak population of approximately 48.000. It also
' supports government action to promote redevelopment and to make the Town a
more desirable place to live and locate.
34. Adult Entertainment: The Town supports enhancements to and the preservation
of its family beach atmosphere and thus limits and strongly regulates the
' construction, establishment, location, or operation of adult establishments
within its borders or jurisdiction.
35. Jet Skis and Personal Water Craft: The Town supports the safe and regulated
operation and use of jet skis and personal water craft in its waters,
36. Insurance: The Town supports measures to provide continuous affordable
insurance for Outer Banks residents and property owners.
37. Vegetation Removal: The Town supports retaining existing vegetation on lots
and parcels to the extent practicable. The Town supports regulations to
require preservation of existing vegetation.
PUBLIC EDUCATION AND CITIZEN PARTICIPATION
The Town of Kill Devil Hills encourages public participation in all land use
decisions and procedure development processes and encourages citizen input via its
boards, commissions, and agencies.
NATURAL HAZARDS PLANNING
The Town supports the implementation, as necessary, of its.Storm Hazard Mitigation
and Post Disaster Reconstruction Plan. It also supports the continued enforcement
of the Kill Devil Hills Flood Damage Prevention Ordinance, the continued
implementation of the area -wide street address ordinance, and the establishment of a
post -disaster fund of state monies to supplement Federal disaster relief aid to be
' allocated to North Carolina communities that have been declared major disasters.
The Town supports the continued use of procedures currently in place and the
implementation, as necessary, of its Storm Hazard Mitigation and Post Disaster
Reconstruction Plan. It also supports the Dare County Emergency Management Plan.
' The Town supports:
annual awareness campaigns and evacuation exercises:
bridge and road improvements as may be necessary to increase traffic
- flow on evacuation routes:
continuation of a full time Emergency Management Coordinator and an
annual update of the Dare County Hurricane Evacuation Master Plan and
' - Disaster Assessment Team Personnel Roster:
erection of evacuation route identification signs during the hurricane
season:
a back-up evacuation shelter design feature to those new public
1 - structures that may be built by the Town in the future: and,
implementation, as necessary, of its Storm Hazard Mitigation and Post
Disaster Reconstruction Plan.
• There have been no notable changed in policy (in this Update) since the 1993
Plan.
' • The Town has identified and mapped four classes of land uses. The classes
are:
Developed
Limited Transition
Community
- Conservation
' 97091up i - Xvii

• Developed: Lands in this classification provides the setting for the most
P P 9
intensive levels of development in Kill Devil Hills. Most basic public
services are available in this class and permissible housing densities and '
commercial uses are the most liberal available in Kill Devil Hills.
• Limited Transition: The characteristics of this land make it suitable for '
future development without the potential for the loss of irreplaceable natural
resources. In Kill Devil Hills, lands in this class include the Baum Tract.
which is owned by the Town, Dare County, Board of Education, State of North
Carolina and private interests.
• Community: Generally, this classification applies in the Town's developed
residential areas including the oceanfront and the scenic area for the Wright '
Brothers Memorial west of U.S. 158.
• Conservation: The purpose of the conservation class is to provide for
effective long-term management and protection of significant, limited, or
irreplaceable areas. Generally, lands in this classification are found in the
-maritime forest and the Wright Brothers National Historic Site.
• This Update includes maps showing:
— existing land use;
— zoning districts:
— stormwater management system:
flood zones:
— soil types:
— areas of environmental concern (AEC) and fragile areas:
— areas of archaeological or historical significance/shoreline access
locations: and
— land classification
97091up i - xviii

ii
I. INTRODUCTION
A. Authority to Plan
One of the basic purposes of. North Carolina's Coastal Area Management
Act (CAMA) is to establish a state management plan that is capable of
rational and coordinated management of coastal resources. CAMA
' recognizes that the key to more effective protection and use of the
land and water resources of the coast is the development of a
coordinated approach to resource management. CAMA provides two
' principal mechanisms to accomplish this purpose. First, the
formulation of local land use plans articulating the objectives of
local citizens and translating these objectives into future desired
' land use patterns; and second, the designation of areas of
environmental concern for the protection of areas of statewide concern
within the coastal area.
CAMA establishes a cooperative program of coastal area management
between local governments and the State. Land use planning lies at the
center of local government's involvement. Subchapter 7B - Land Use
Planning Guidelines of the North Carolina Administrative
Code,(03/06/96) were promulgated for the purpose of assisting
localities with the preparation of land use plans and sets forth
general standards for their review.
' Both the development of local land use plans and the designation and
regulation of critical resource areas contributes to rational
management by encouraging local and state governments to exercise their
full authorities over coastal resources and to express their management
goals on a comprehensive and uniform manner. Local objectives benefit
' through their incorporation into a state management scheme, and the
statewide objectives of resource protection and development benefit
through an integrated and comprehensive management approach. It is the.
purpose of the state guidelines to ensure this uniformity and
consistency in the local land use plans and the regulation of critical
resource areas, or areas or environmental concern (AECs), through the
establishment of unified policies, criteria, standards, methods, and
' processes.
This land use plan, when approved by the Coastal Resources Commission
(CRC), will become part of the North Carolina Coastal Management Plan
for the protection, preservation, orderly development, and management
of the coastal area of North Carolina - which is the primary objective
of CAMA.
B. History of Kill Devil Hills
' While the first recorded accounts by a European expedition of the
Southeast coast of the United States date to the early 1500's, it was
not until July of 1584 that Sir Walter Raleigh's ships found the
"abundant" New World known today as North Carolina's Outer Banks.
' Raleigh's colony was established and was lost on Roanoke Island.
1
97091up I - 1

L
Successful settlement of the Banks did not come for another seventy-
five years.
Colington Island, near Kill Devil Hills, was the first land grant
issued in the New World by the Lords Proprietors of Carolina. A
plantation settlement was soon established with crops and livestock.
Abundant timber provided lumber for boats and homes, and the island's
grasses were ideal to support livestock. Early settlers lived off the
land, water, and salvage operations from shipwrecks.
Kill Devil Hill is the largest sand hill in the area and is now grassed
over with the Wright Brothers National Memorial situated on the top.
Many legends and folktales are associated with the origin of the name
Kill Devil Hills or Kill Devil Hill. One account involves a legendary
liquor made on the Banks and sold on the hill that was so bad it would
"kill the devil." Another is the story of an Outer Banks Hermit known
as "Fresh Pond Will" who vowed to give the devil his.soul for a bag of
gold. The tale goes on to explain how Fresh Pond Will tricked the
devil to fall to his death into a pit of quicksand, a trap that Will
had prepared previously, thus "killing the devil on.the hill."
Livelihoods of the early inhabitants, or "bankers," included
scavengers, boat builders. fishermen, coast guardsman, pilots, and
lumbermen. By 1878, the Federal government had constructed a
lifesaving station in Kill Devil Hills. The Wright Brothers made
history in 1903 with the first successful heavier than air powered
flight at Kill Devil Hills. This event is marked by a monument made of
granite, sixty-one feet in height. Designed also as an aid to
navigation, the landmark is known as the Wright Brothers National
Memorial.
By the time the first post office was established in Kill Devil Hills
in 1938. it was clear the area had a future of tourism and cottage
development. The Town of Kill Devil Hills was incorporated in 1953.
Kill Devil Hills is located within Dare County. Its neighbors to the
north are the towns of Kitty Hawk and Southern Shores. Its neighbor to
the south is the Town of Nags Head.
Kill Devil Hills is a resort community of approximately 5,130 residents
with a peak seasonal population of about 40.000. Development is mostly
single family cottages but also includes resort accommodations,
restaurants, and other commercial services necessary to meet the needs
of the area's year round and seasonal population.
SOURCES: 1993 Town of Kill Devil Hills Land Use Plan Update. North
Carolina Office of State Planning. State Data Center, and Staff
Estimates.
F_�
97091up I - 2
1
11

1 II. GOALS AND OBJECTIVES
The Board of Commissioner's aims for the character of this land use plan
'
update
are:
•
Produce a user-friendly, policy oriented document.
•
Establish action deadlines where applicable.
•
Promote substantial and meaningful interaction in the planning process
by governmental agencies with programs, regulations, and rules that
impact the Town through interagency review of this document.
'0
Encourage open review and debate of issues, policies, and
implementation strategies at Board meetings during plan update.
0
Involve the Board of Commissioners throughout the planning process.
Involve the Planning Board throughout the planning process.
'
Develop strategies to promote appropriate development and redevelopment
in the Town.
' The Board adopted a Mission Statement in 1996, much of which involves land use
planning issues and goals. The Board, as a part of its mission, is intent on
efforts to foster civic pride by enhancing the natural beauty of the area such
as the:
• Promotion of public perception.
'a Promotion of family values and beach atmosphere.
• Maximizing value of taxpayer dollars (fiscal responsibility).
'0 Protection and accessibility of our natural resources.
' In addition, the Board recognizes and supports State objectives and local
application of CAMA goals in the update process and in policy implementation.
These include efforts:
• to further define and refine local policies and issues:
• to further examine and refine the land classification system and map:
• to assess the effectiveness of the existing land use plan and its
implementation:
'0 to further explore implementation procedures; and,
• to promote better understanding of land use planning.
' 97091up II -1

' III. DATA COLLECTION AND ANALYSIS
A. Establishment of Information Base
' 1. Introduction
This document was prepared utilizing existing local plans and
'
studies as well as information provided by Federal, State,
regional, and private agencies.
Policy development and the analysis of anticipated future
conditions relied heavily on a review of 1993 land use policies
and citizen input. Citizen input was generated through public
'
forums and through a citizen survey. A Public Education and
Citizen Participation Plan was adopted by the Town. See APPENDIX
2.
'
2. 1997 Town of Kill Devil Hills Public Opinion Survey
Prepared by the Planning Board, Town staff, and consultant,
'
APPENDIX 3 summarizes the responses generated from the 1997 Town
of Kill Devil Hills Public Opinion Survey.
The results of the survey indicate a general satisfaction
concerning Town services and development patterns.
' 3. Review of 1993 Town of Kill Devil Hills Land Use Plan
a. Introduction
Rule .0202(a)(3) - Data Collection and Analysis,
Subchapter 7B, of the North Carolina Administrative Code,
(03/06/96). requires a locality to ". . . analyze how
' effectively it has implemented its policies as contained
in its current plan of record." Further, this evaluation
should occur at the beginning of the planning process and
' "should include statements as to what improvements the
local government intends to make in this plan update."
b. Policies Selected and Implementation Analysis
' On September 13. 1993, the Kill Devil Hills Board of
Commissioners adopted policies and implementation
' strategies as a part of the 1993 Town of Kill Devil Hills
Land Use Plan (1993 Plan). The land use issues, for which
these policies and implementation strategies apply, were
t grouped generally into four major categories with specific
issues identified for closer analysis. The five major
issue categories are:
I
97091up III - 1

C.
03
• Resource Protection;
• Resource Management;
• Economic and Community Development;
• Public Participation; and,
• Natural Hazards Planning.
Each specific issues section included "Policies
Considered," "Discussion," "Policy Selected," and
"Implementation Strategy." The Town Planning Board
reviewed these policies and analyzed the Town's
implementation efforts as of 1997. The findings, as
summarized in the respective issue areas' BACKGROUND
discussion. provide the foundation upon which policies
driving 1997 Town of Kill Devil Hills Land Use Plan Update
are developed.
Comparison of 1993 Land Use Policies to Policies of
Adjoining Townships
During the policy discussion process, the Town compared
its land use policies to those of Kitty Hawk, Nags Head,
and Dare County as found in their land use plans of
record. Generally, the three localities adopted land use
policies that were consistent with each other except for
support of a community -wide sewer system and with respect
to building heights. Kill Devil Hills, unlike Kitty Hawk
and Nags Head, supports a community -wide sewer system.
Also, Kill Devil Hills allows building heights of up to
50' in commercial zoning districts.
The Town's Director of Planning and Development met with
other area planning professionals at quarterly, area -wide
planning luncheons to discuss land use planning and
routinely discusses land use policy issues with the
planning directors and/or planner of Kitty Hawk, Manteo,
Southern Shores, Dare County and Nags Head. These
meetings and discussions focused on land use planning
issues and policies of the Outer Banks localities.
Improvements Anticipated in 1997 Town of Kill Devil Hills
Land Use Plan Update
The Town has made significant strides in directing its
growth and maintaining quality service delivery systems.
To promote and guide continued orderly development,
improvements to the 1997 Town of Kill Devil Hills Land Use
Plan Update include:
• the establishment of action deadlines where
applicable;
97091up III - 2

f:3
• the promotion of substantial and meaningful
interaction in the Kill Devil Hills planning
process by governmental agencies with programs,
regulations, and rules that impact the Town through
interagency review of the land use plan; and.
• the encouragement of open review and debate of
issues, policies, and implementation strategies
through the use of a round table meeting format at
planning board meetings during plan update.
Present Conditions
1. Introduction
Published information,
prepare the following
present and during th
2. Population
The 1990 population o
2.158 males and 2.080
The population of Kill
e
field reviews, and estimates were used to
sections describing Kill Devil Hills at
recent past.
f
Kill Devil Hills was 4,238. There were
females. The median age was 32.2 years.
Devil Hills is predominantly white (+98%).
An estimated 51% of the Town's population is between the ages of
18 and 44 years. About 20% of the population is younger than 18
years, while about 15% are over 65 years.
Kill Devil Hills continues to experience population growth. The
North Carolina Office of State Planning, State Data Center,
estimates the Town's 1995 population to be 4.836: an increase of
14.1% since 1990. The provisional population estimate from the
State places the Town's 1996 population at 5,130. an increase of
892 since 1990. or an average annual increase of about 3% during
the period. The peak population is estimated to be about 40.000.
TABLE 1 provides a comparison of 1980 and 1990 population totals
and the 1994 population estimates for selected.Outer Banks
localities and percentages of population growth.

TABLE 1
Comparison of 1980 and 1990 Populations
and 1994 Population Estimates
for Selected Outer Banks Localities and Percent of Growth
Locality
1980
Population
1990
Population
1994*
Population
Percent
of Growth
Kitty Hawk
849
1,937
2,170
+ 156%
Kill Devil Hills
1,671
4,238
4,836
+ 189%
Manteo
902
991
1,103
+ 22%
Nags -Head
1,020
1.838
2.036
+ 99%
Southern Shores
520
1.447
1,634
+ 214%
Dare County
13,377
22,746
24.790
+ 85X
*Note: Estimates by North Carolina Office of State Planning.
SOURCE: 1990 Census of Population and Housing, U.S. Department of Commerce. Bureau
of the Census, and North Carolina Office of State Planning.
In 1990, there were 1.129 families in Kill Devil Hills. The
median family income was $30.325 while the median household
income was $26.379. The per capita income was $13,457.
3. Economy
The economy of Kill Devil Hills relies primarily on tourism as
its main industry. Some light industry, including storage and
warehouse facilities and an ice producing plant. are located near
the Fresh Pond. In 1996-97. tax revenues from all sources
totaled $6,915.389. TABLE 2 provides a breakdown of tax revenue
by source and an indication of the Town's reliance on tourism
related revenue sources.
97091up III - 4

I
TABLE 2
General Fund Revenues For Fiscal Year Ended July. 1997
Town of Kill Devil Hills. North Carolina
Revenues and Other Financing
Sources
Amount
Percent
of Total
Ad valorem taxes
$3.202.829
46.3
Other taxes and licenses
2.188,396
31.6
Permits and Fees
125.408
1.8
Investment earnings
_190,684
2.8
Sales and services
22,376
0.3
Intergovernmental
770,897
11.1
Transfer from water fund
210.000
3.0
Lease Proceeds
170.461
2.5
Other revenues
34.338
0.5
TOTAL
$6.915.389
100.0
SOURCE: Department of Finance and Tax. Town of Kill Devil Hills, North
Carolina.
4. Existing Land Use
Since the development of the 1993 Plan. no major subdivisions
' have been reviewed. Since 1993, minor subdivisions and boundary
adjustments have occurred routinely.
From fiscal year 1992-93 through June 30. 1997. 22 permits for
new commercial construction were issued while permits for new
residential construction totaled 332. During the same period,
permits for additions, alterations. and conversions to commercial
buildings numbered 230 with another 607 permits for like
activities to residential structures.
The Town is primarily a residential resort community. However.
recent trends show movement toward increased construction of
lodgings and accommodations and structures normally associated
with a service economy. Each summer the Town's population swells
' to a seasonal peak population (year round residents and visitors)
estimated in excess of 40.000. a substantial increase over the
1996 population estimate of 5.130.
97091up III - 5

97091up
In September 1997. the Town planning staff prepared an existing
land use map based on aerial photographs, field research, and
existing maps. See MAP 1.
Presently, 95-98% of the private land in Kill Devil Hills with
development potential has been platted. There are approximately
6.860 platted parcels in Town and approximately 3,800 total
acres. The 333 acre Baum Tract is being developed with public
'
facilities. None of this tract is expected to be used for
residential development.
'
Land use patterns in Kill Devil Hills reflect the orientation of
the community to the Atlantic Ocean shoreline and the economic
base provided by tourism. The immediate oceanfront in Kill Devil
Hills provides the setting for a number of hotels, motels, and
'
condominium projects, most of which were.constructed from 1970 -
1980. Some of the older."motor court" motels date back to the
1960's. Since 1980, changes in regulatory policies and
amendments to the Town's zoning ordinance have reduced the scale
of oceanfront structures and created a market for residential
structures suitable for year-round living or seasonal rental
,
accommodations. This oceanfront district is best defined by NC
12 (Virginia Dare Trail). popularly referred to as the "Beach
Road," and all land that lies to the east of Virginia Dare Trail.
On the west side of Virginia Dare Trail, a second tier of
residential structures has developed. Due to their proximity to
the Atlantic beaches. these structures have traditionally served
'
as second homes for many of the Town's seasonal residents. These
cottages also provide seasonal accommodations for tourists when
not occupied by the owner.
In the late 1960's and early 1970's, a second major
transportation route. U.S. 158 (Croatan Highway) began to impact
land use patterns in Kill Devil Hills. By 1974, the Board of
Commissioners hadestablished a strip of commercial zoning
approximately 300 feet deep on both the eastern and western sides
of the U.S. 158 right-of-way. Since then, a growing food -service
,
industry has emerged along U.S. 158 in Kill Devil Hills,
particularly on its southern border. An average daily traffic
flow in excess of 15.000 vehicles during the peak seasonal
population surge has helped establish this section of Kill Devil
Hills as the commercial hub of the northern beaches of Dare
County. In 1983. the Town rezoned the majority of lands between
NC 12 and U.S. 158 into a commercial zoning district, removing
the land use restrictions that had applied to this formerly
residential setting. Today, ample land is available for
transition into commercial uses between NC 12 and U.S. 158 at the
northern and southern ends of Town. A residential district in
the vicinity of the Wright Brothers National Memorial is intended
to serve as a residential buffer between the two commercial '
III - 6
I

Idistricts. Zoning guidelines in the commercial district also
permit multi -family residential housing at liberal density
ratios, providing a setting where the potential for conflict with
single family neighborhoods is minimal. From time to time,
business or commercial uses and residential uses come into
conflict, primarily due to actions of individuals.
Several single family residential subdivisions align the western
side of U.S. 158 — extending throughout almost the entire length
of the Town. These subdivisions vary in lot size from 5,000
'
square feet in Avalon Beach, one of the oldest subdivisions in
Kill. Devil Hills, to 15,000 square feet in Wright Woods, one of
the newest. The majority of the Town's year-round residents live
west of US 158, which is subject to the Town's most prohibitive
zoning classification. Residential Low Density (RL).
5.
Community Facilities
Community facilities adequately meet the current needs of the
citizens of Kill Devil Hills. The Town completed and opened its
Administrative Services Building in 1988. Also, two new schools,
First Flight Elementary and First Flight Middle School opened in
the 1991-92 school year. Community facilities are discussed in
greater detail in Section 10, pages III-23 through III-26.
6.
Transportation
Many of the current transportation system needs of Kill Devil
Hills are being met or have been planned for by the Town or the
North Carolina Department of Transportation. There are
approximately 51.5 miles of hard surfaced roads and about 5.4
miles of gravel, soil, or stone roads in the Town.
'
7.
Housing and Accommodations
There are approximately 4.400 single family structures in Kill
Devil Hills. 840 multi -family dwellings, and over 1.600
motel/hotel rooms in the Town. At present, the private sector
adequately meets the housing and accommodation needs of the
'
citizens of Kill Devil Hills.
8.
Current Plans and Regulations
a. Introduction
The Town of Kill Devil Hills uses the police power vested
' in the Board of Commissioners to enforce a number of
growth management guidelines. The Town also maintains a
professional staff to administer these guidelines and
various advisory groups to develop plans and make
1 97091 up III - 7

recommendations to the Board concerning land use and
growth management.
b. Kill Devil Hills Town Code. Chapter 19. Subdivision
Regulations
Chapter 19 of the Town Code provides guidelines for the
subdivision or recombination of parcels of land in Kill
Devil Hills. Minimum standards for subdivision plat
preparation, review, and recordation are set forth in this
chapter.
c. Kill Devil Hills Town Code, Chapter 21. Zoning
Chapter 21 of the Town Code provides local guidelines for
land use through the establishment of zoning districts.
Permitted and prohibited uses for each zoning district are
defined in this chapter, as are the minimum lot sizes,
maximum building heights, population density ratios,
minimum yard setbacks, and other appropriate guidelines.
The Town's first zoning ordinance was adopted on June 4,
1953. In 1974, the Board of Commissioners adopted'a more
extensive zoning ordinance and official zoning map. Since
that time, the text of the zoning ordinance has been
amended and changes to the zoning map have been recorded.
From 1983 to 1985. a comprehensive rezoning master plan
was implemented. In November, 1991. the text of the
zoning ordinance was modified, thereby completing this
effort. See MAP 2.
The two major transportation routes serving the Town. NC
12 (Virginia Dare Trail) and U.S. 158 (Croatan Highway),
were the primary factors influencing the development of
the Town's approach to zoning. These two highways have
become borders that identify patterns of land use -and
geographic sub -regions.
The Town has been divided into distinct geographical sub-
regions with associated zoning districts. The oceanfront
district sub -region and land west of U.S. 158 are subject
to rather strict development guidelines. The commercial
district sub -region provides a setting where a wider range
of uses are permitted and where land use guidelines are
considerably more liberal than elsewhere in the Town.
These sub -regions and the residential district sub -region
are briefly described as follows:
97091up

• Oceanfront District Sub -Region - This sub -region
includes all land east of NC 12 and comprises the
Ocean Impact Residential (OIR) Zoning District.
This zoning district, created in 1985. is designed
'
to provide a residential setting for seasonal
accommodations and upscale year-round living.
Housing densities and building heights are
restricted in an effort to discourage the location
of high-rise, bulk immovable structures along the
immediate shoreline. As the name indicates, the
'
Ocean Impact Residential Zoning District is a
special sub -region with unique constraints
associated primarily with its proximity to the
'
Atlantic Ocean and public beaches.
• Commercial. District:Sub-Regions - These sub -regions
'
include lands west of NC 12 to 1300 feet west of
U.S. 158. The majority of these lands lie between
the two highways on the northern and southern
borders of the Town. A residential buffer in the
'
vicinity of the Wright Brothers National Memorial
separates these commercial district sub -regions.
The Commercial Zoning District represents the Town's
"highest and best use" district, where a variety of
compatible commercial and residential uses are
permitted. Housing densities and maximum building
height limitations are considerably more liberal in
this zoning district, primarily to encourage bulk
immovable structures to locate in a setting less
vulnerable to the forces of the Atlantic Ocean.
This sub -region is also designed to provide the base
for two central accommodations and service districts
that are emerging in Kill Devil Hills.
• Residential District Sub -Region - This sub -region is
designed to provide a setting for single-family
residential structures and low density multi -family
development as a conditional use. Generally
speaking, this land lies west of U.S. 158 and
between the two highways in proximity to the Wright
Brothers National Memorial. Most of this land has
already been platted into a number of subdivisions
that reflect a variety of minimum lot sizes. These
'
subdivisions have evolved in conjunction with
prescribed minimums for the use of septic tanks and
gravity induced nitrification drainfield wastewater
treatment systems. The majority of the Town's year-
round population lives in this sub -region.
In addition, there is a Light Industrial Zoning District
'
designed primarily for light industrial services and the
97091 up
I I I - 9

bulk storage of dry goods adjacent to the Fresh Pond,
where environmental constraints restrict or prohibit the
use of septic tank wastewater systems.
Consistency between the Town Code and the land use
policies contained in this update has been achieved where
possible. The Town will continue to work toward the goal
of total consistency between the two.
d. Kill Devil Hills Town Code. Chapter 8. Flood Damage
Prevention Ordinance
All areas of special flood hazard within the Town as
identified by the Federal Emergency Management Agency's
(FEMA) on its Flood Insurance Rate Map (FIRM) 3753538,
April 12. 1993, are regulated. The Town's building
inspector administers the ordinance.
The purpose of the ordinance is to minimize public and
private losses due to flooding conditions in specific
areas. This purpose is accomplished by restriction or
prohibition of certain uses, the control of alterations to
natural flood plains, channels, and barriers, and the
control of filling, grading, and some dredging. The
objectives of the ordinance are to maintain a stable tax
base and to ensure that potential home buyers are notified
that property is in a flood area.
e. Town of Kill Devil Hills Stormwater Management Plan
Update, 1988
In 1983, the Town commissioned a study to identify its
storm water management problem areas and to develop a
management plan for coping with them.. The Stormwater
Management Plan Update. 1988 describes the progress
towards implementing the 1983 stormwater management plan.
documents existing and buildout conditions, identifies
alternatives and viable combinations for managing
stormwater and improving receiving water quality, and
lists recommendations, priorities, and estimated costs.
See MAP 3.
f. Town of Kill Devil Hills 1998 Shoreline Access Plan Update
Kill Devil Hills commissioned the preparation of a
shoreline access master plan in 1979. In 1990 and 1998,
the Town updated this plan to assist its users with the
development of shoreline access through the year 2000.
Included in the update is an inventory of accessways,
goals and objectives, funding considerations, scheduling,
and project prioritization.
97091up
H

g. Town of Kill Devil Hills Recreational Facilities Plan
Update, 1997
In 1989. Kill Devil Hills commissioned a recreational
facilities plan including facilities recommendations with
priorities and costs, facilities inventory, and goals and
objectives. Completed in 1997. the Recreational
Facilities Plan Update further defined projects and
priorities and provided detailed mapping and cost
1 estimates.
h. Site Plan Review
'
Chapter 21 of the Town Code requires the submission of
site plans for all commercial development projects and all
multi -family residential development projects in excess of
a quadraplex. It also establishes a two-tier approval
'
process requiring review and recommendation by the Town's
Planning Board and approval for construction by the Board
of Commissioners. Minimum standards for site plan
preparation; review deadlines, and a coordinated State -
local permit process are defined by ordinance.
i. Capital Improvement Plan
In 1997. the Town developed its first Capital Improvement
Plan. The plan was formatted and intended to be a dynamic
document which will effectively serve the Town for fiscal
decisions and planning purposes henceforth. The Plan will
be reviewed and updated annually during the months leading
up to budget preparation in the Town. The planning
process envisioned will involve the creation of a capital
improvement plan committee which will interact with the
Board of Commissioners, Planning Board, Town staff, and
citizenry to determine capital needs and plan for paying
for their construction or purchase.
'
j. Storm Hazard Mitigation and Post -Disaster Reconstruction
Plan
The purpose of the Storm Hazard Mitigation and Post -
Disaster Reconstruction Plan is to establish procedures
and actions to reduce the potential for loss of life,
minimize damage to property, and to provide a framework
'
for orderly construction in the event of a hurricane or
other natural disaster. Copies of the plan are available
in the Town's Planning and Development Department.
97091 up III - 11

9. Constraints to Development and Land Suitability '
a. Introduction
Field reviews, technical documents, maps, and inventories ,
aid in the analysis of the general suitability of the
undeveloped lands within Kill Devil Hills. Such analysis '
must consider physical limitations for development, areas
of environmental concern and fragile areas, and areas with
resource potential. '
b. Physical Limitations for Development
(1) Man -Made and Natural Hazard Areas
Kill Devil Hills contains one notable man-made
hazard area -- the landing strip at the Wright
Brothers National Memorial. The Town Fire
'
Department and Dare County Emergency Medical
.Services have adopted disaster contingency plans.
Flooding is the most common natural hazard faced by
the Town. The dominant source of flooding in Kill
Devil Hills is storm surge generated in the Atlantic
Ocean by tropical storms, northeasters, and
hurricanes. In addition, this surge propagates into
Albemarle Sound, Buzzard Bay, Colington Creek, and
Kitty Hawk Bay where high winds can produce intense
wave action. The wave action associated with storm
surge can be damaging as can the higher water level.
Historically, storms passing North Carolina in the
vicinity of Kill Devil Hills have produced severe
flooding as well as structural damage.
As previously noted, the Town has developed and
,
adopted a Storm Hazard Mitigation and Post -Disaster
Reconstruction Plan. The document is not an
emergency operations plan. Such plans are prepared
,
by the Town and County to respond on a short-term
basis to crisis,situations ranging from hazardous
waste spills to major storm events. These plans are
operational in nature. The Storm Hazard Mitigation
and Post -Disaster Reconstruction Plan is a long-term
plan setting forth policies and preventive actions
which the Town can act upon now to help mitigate the
'
construction caused during a major storm event.
This plan sets forth post -storm policies and
standards to guide reconstruction in a pre -planned,
'
orderly way. Such reconstruction could take months
or even years to complete, depending upon the
severity and ultimate impact of the storm.
'
97091up III - 12

J
' The Federal Insurance Administration has created the
Community Rating System (CRS) as an integral part of
the National Flood Insurance Program. The goals of
the CRS are to encourage -- by the use of flood
insurance premium adjustments -- community and State
activities beyond those required by the National
' Flood Insurance Program to:
• reduce flood losses;
• facilitate accurate insurance rating; and,
' • promote the awareness of flood insurance.
Flood hazard areas have been mapped and the 10-year
coastal floodplain identified on the Flood Insurance
Rate Map for the Town. The 100-year floodplain is
the area that will be flooded on the average of once
every 100 years. It has a 1% chance of being
flooded in any given year. Put another way, it has
about a 25% chance of being flooded over the life of
a 30-year mortgage. Smaller floods have a greater
chance of occurring in any year and can still create
a significant flood hazard to people and property.
Maps are available for viewing at the Kill Devil
Hills Planning and Development Department and the
Dare County Library. A generalized map is included
in this Update. See MAP 4.
All properties -located in "Zone A" or "Zone V" on
the Town's Flood Hazard Boundary Map or Flood
Insurance Rate Map are subject to regulations.
Before undertaking development in "Zone A" or "Zone
V", a builder must secure a permit from the Town.
Development activities subject to these regulations
are any man-made change to improved or unimproved
real estate, including but not limited to buildings,
mining, dredging, filling. grading, paving,
excavating, or drilling operations.
(2) Areas with Soil Limitations
Soils are a natural resource whose properties
greatly influence how people use the land. Soil
analyses indicate hazardous areas which development
should avoid or modify. Certain soil types indicate
'
periodic storm flooding in low-lying soundside
locations. Other soil types are associated with a
high seasonal water table which can make an area
unsuitable or unwise for year-round habitation. The
load -bearing capacity of different soils is also
important. Due to the number of structures that are
built on pilings in Kill Devil Hills, the depth to
' 97091up
III - 13

which these pilings are driven must be determined
through an examination of sub -soil properties to
ensure the reliability of the piling foundation.
Current trends show that all of the soils in Kill
Devil Hills can be modified to accommodate
development, but environmental and monetary costs
can sometimes be prohibitive. The costs of
improperly planned soil modifications is borne not
only by the developer, but also by the public since
misuse of the land can lead to severe environmental
problems for the entire community. Therefore, it is
desirable to recognize the limitations of certain
soils and to evaluate their potential or suitability
for septic tanks, landfills, residential
development, industrial development, recreation, and
roads.
TABLE 3, which follows: shows the different types of
soil found in Kill Devil Hills and some soil
characteristics. MAP 5 shows the general locations
of the different soil types in Town.
Soil limitation ratings refer to the soil's capacity
to support dwellings, streets, and septic tank
fields. A rating of "slight" means that soil
properties or site features are generally favorable
for the indicated use and that any limitations are
minor and easily overcome. Limitations are
"moderate" if soil properties or site features are
not favorable for the indicated use and special
planning, design, or maintenance is needed to
overcome or minimize the limitations. A rating of
"severe" does not preclude possible development.
However, any unfavorable conditions must be overcome
by appropriate land development techniques. In all
cases, on -site investigations of the soil are
necessary for the proper design and placement of
buildings, foundations, roads, utility lines, and
septic systems.
97091up III - 14

r= M r= W = = = M M M M r M = = = M
TABLE 3
Soil Types and Characteristics in Kill Devil Hills, North Carolina
SOIL NAME
MAPSYMBOL*
SLOPE
SEPTIC TANK ABSORPTION FIELDS
LIMITATIONS RATING
LOCAL ROADS AND STREETS
LIMITATIONS RATING
HIGH WATER TABLE
DEPTH (FT.)
Beaches-Newhan complex
BnD
0 to 25 percent slopes
Severe: poor filter
Not Rated
>6.0
Conoby muck
CnA
0 to 2 percent slopes
Severe: wetness.
Severe: wetness
0-1.5
Corolla fine sand
CoB
0 to 6 percent slopes
Severe: wetness. poor filter
Moderate: flooding, wetness
1.5-3.0
Corolla-Duckston complex
CrB
0 to 6 percent slopes
Severe: flooding, wetness, poor filter
Severe: wetness, flooding
0-1.0
Currituck mucky peat
CuA
0 to 1 percent slopes
Severe: flooding. wetness, poor filter
Severe: subsides, wetness, flooding
+1-1.0
Duckston fine sand
DtA
0 to 2 percent slopes
Severe: flooding. wetness, poor filter
Severe: wetness, flooding
0-1.0
Dune land
DuE
2 to 40 percent slopes
Severe: poor filter, slope
Severe: slope
>6.0
Dune land-Newhan complex
DwE
2 to 40 percent slopes
Severe: poor filter, slope
Severe: slope
>6.0
Fripp fine sand
FrO
2 to 30 percent slopes
Severe: poor filter, slope
Severe: slope
>6.0
Hobonny muck
HoA
0 to 1 percent slopes
Severe: flooding, wetness
Severe: wetness, flooding
+1-0
Newhan fine sand
NeC
0 to 10 percent slopes
Severe: poor filter
Slight
>6.0
Newhan-Corolla complex
NhC
0 to 10 percent slopes
Severe: wetness, poor filter
Slight -Moderate
1.5-3.0
Newhan-Urban land
complex
NuC
0 to 10 percent slopes
Severe: poor filter
Slight
>6.0
Osier fine sand
OsA
0 to 2 percent slopes
Severe: wetness, poor filter
Severe: wetness
0-1.0
Ousley fine sand
OuB
0 to 5 percent slopes
Severe: flooding, wetness, poor filter
Severe: flooding
1.5-3.0
Psammento
PSB
0 to 6 percent slopes.
Not Rated
I Not Rated
**
ziee rwr o.
** Not estimated.
SOURCE: "Soil Survey of Dare County. North Carolina." prepared by the United States Department of Agriculture. Soil Conservation Service.
97091up III - 15

In ratinga soil for an limitations for dwellings. the
Y 9
emphasis is on its load -bearing capacity (for holding the
foundation), slope, susceptibility to flooding, depth to
seasonal high water table, and other hydrologic
conditions. In rating a soil for limitations for roads,
emphasis falls on its susceptibility to flooding, depth to '
seasonal high water table, texture, drainage, and ease of
hauling and loading. In rating a soil for any limitations
for septic tank filter fields, emphasis falls on its '
permeability, susceptibility to flooding, depth to water
table, and slope.
The on -site disposal of septic tank effluent is a common
soils problem throughout Kill Devil Hills. Many poorly
drained and/or impermeable soils in the area are severely
limited in their ability to accommodate septic tank
effluent in a safe and sanitary manner. In some dry
,
soils, such as dune sand, the soil is too permeable to
accommodate effluent, leading to the potential for the
pollution of ground waters and adjacent estuarine waters.
'
When local officials know these problems exist, they can
deal with them by adopting appropriate requirements for
development, such as minimum lot sizes or centralized
sewage treatment and disposal systems. Then, proper
,
technical adjustments and innovations can often make
development environmentally acceptable.
Recognizing the potential for groundwater pollution due to
the proliferation of septic tank systems in Kill Devil
Hills, the Town was one of four coastal North Carolina
communities selected for study in the mid-1980s by the
United States Environmental Protection Agency (EPA)
concerning groundwater quality. This study, known as "The
Impacts of Wastewater Disposal Practices on the
,
Hydrogeology of the North Carolina Barrier Islands,"
established a number of test wells throughout Kill Devil
Hills. Groundwater samples were taken quarterly and
,
analyzed for the presence of a number of contaminates that
could be traced to septic origins. Briefly summarized,
the results of this study indicate that at present
population density, levels of groundwater contamination
due to septic tank effluents have not exceeded acceptable
parameters as established by the EPA. The Town and the
Dare County Health Department have assumed responsibility
,
for the monitoring wells now that the study has been
completed.
97091up

(3) Water Supply Sources; Estimated Quality and Quantity
Kill Devil Hills relies on three primary water
sources. These are:
• deep wells in Skyco on Roanoke Island;
• Fresh Pond; and,
• Reverse Osmosis Plant.
'
The Town's allocation is 3 million gallons per day.
Currently, peak water demand is approaching 2
million gallons per day.
(4) Areas Where Predominant Slope Exceeds Twelve
Percent
'
Areas in Kill Devil Hills where the predominant
slope exceeds twelve percent include:
'
• Wright Brothers National Memorial;
• Run Hill;
• frontal and primary dunes along the
oceanfront; and.
• dunes with vegetative cover in the maritime
forest:
C. Areas of Environmental Concern (AEC) and Fragile Areas
Under the Coastal Area Management Act (CAMA), North
Carolina's Coastal Resources Commission (CRC) has
designated a number of areas of environmental concern
(AEC) in order to protect the State's valuable natural
resources. Seven types of AEC's in three categories are
found in Kill Devil Hills. These are:
' Estuarine System AEC's
• Estuarine Waters
• Coastal Wetlands
• Public Trust Areas
• Estuarine Shorelines;
Ocean Hazard AEC's
• Ocean Erodible Areas
• High Hazard Flood Areas; and.
Public Water SuDgly AEC's
I
97091up

97091up
• Fresh Pond. '
Some of these AEC's have been mapped generally for this
UUQdate. See MAP 6. However, the exact location and
extent of AEC's found in Kill Devil Hills are determined
by on -site inspections.
Estuarine System AEC's
The lands and waters of the estuarine system possess
economic and biologic values for the Town and the State. '
These lands and waters are interdependent and should be
managed as a unit. In an effort to maintain the
ecological productivity of the estuarine system, the CRC
has designated individual components as AEC's and adopted
guidelines for their use. These components are the
estuarine waters, coastal wetlands, public trust areas, '
and the estuarine shorelines. All of these AEC's are
found within Kill Devil Hills.
The estuarine waters AEC includes all waters of the '
State's bays, sounds, and streams seaward of the dividing
line between coastal and inland fishing waters. In Kill
Devil Hills, the estuarine waters AEC includes Kitty Hawk ,
Bay, Buzzard Bay, and the streams draining into them.
The coastal wetlands AEC includes any salt marsh or other
marsh subject to regular or occasional flooding by tides, ,
whether or not the tidal waters reach the wetlands through
natural or artificial watercourses. Coastal wetlands are
important because they provide habitat and produce
nutrients which serve as the primary food source for
various species of fish and shellfish. The dense
vegetation and root networks of the coastal wetlands also ,
help retard shoreline erosion and trap sediments before
they reach the estuarine waters. Extensive wetlands line
Buzzard Bay and Kitty Hawk Bay.
The public trust AEC includes:
• all water of the Atlantic Ocean and the lands
thereunder from the mean high water mark to the
seaward limit of State jurisdiction:
• all other bodies of water subject to lunar tides
(and the lands thereunder) below the mean high water
level:
• all waters in artificially created bodies of water
containing significant public fishing resources or
other resources which are accessible to the public
by navigation from bodies of water in which the
public has rights of navigation; and, '
III - 18
P_

• all waters in artificially created bodies of water
in which the public has acquired rights by
prescription. custom, usage. dedication, or any
other means. In Kill Devil Hills, the public trust
AEC covers the waters and submerged lands of the
Atlantic Ocean, Buzzard Bay, and Kitty Hawk Bay.
The estuarine shorelines AEC covers non -ocean shorelines,
which are typically subject to erosion, flooding, and
w
other adverse effects of wind and water. Although
estuarine shorelines are typically dry land, their
proximity to estuarine waters cause them to be considered
as connected to the estuary. Development along the
estuarine shorelines can have a strong effect on the
quality of estuarine waters, coastal wetlands, and their
ability to sustain their economic and biological
productivity. As defined by the CRC, the estuarine
shorelines AEC extends from the mean high water level (or
normal water level) along the estuarine waters AEC to a
line 75 feet landward. In Kill Devil Hills, the estuarine
shoreline AEC includes the entire shoreline along Buzzard
Bay and Kitty Hawk Bay.
Ocean Hazard AEC's
The Atlantic Ocean shoreline is periodically subjected to
erosion and other adverse effects of wind and water.
Ocean Hazard AEC's include beaches, frontal dunes, inlet
lands, and other areas in which geologic, vegetative, and
soil conditions indicate a substantial possibility of
erosion and.flooding. Incompatible or poorly positioned
development within these areas may create the potential
for damage to life and property. In Kill Devil Hills, the
two types of ocean hazard AEC's are ocean erodible areas
and high hazard flood areas.
The ocean erodible AEC includes that area in which there
exists a substantial possibility of significant erosion
and shoreline fluctuation. The seaward boundary of this
area is the mean low water line. The landward boundary of
this area is determined by a combination of:
• a distance from the first line of stable natural
vegetation to the recession line established by
'
multiplying the long-term annual erosion rate by 60;
provided that, where there has been no long-term
erosion or the rate is less than two feet per year,
'
this distance shall be set at 120 feet landward from
the first line of stable natural vegetation; and,
97091 up III - 19

• the distance landward from the above recession line '
to a second recession line that would be generated
by a storm having a one -percent chance of being
equaled or exceeded in any given year.
The high hazard flood AEC is the oceanfront area subject
to flooding and high velocity waters (including wave wash)
in a storm having a one -percent chance of being equaled or
exceeded in any given year, and indicated as Zones V1430
(known as W zones") on the Flood Insurance Rate Maps
(FIRM) established by the Federal Flood Insurance
Administration.
The Coastal Area Management Act includes guidelines
covering uses of and development in areas of environmental
concern, with separate guidelines for the different
categories of AEC's designated by the Coastal Resources '
Commission.
In estuarine waters AEC's. the highest priority of use is
the conservation of estuarine waters. Secondary priority ,
rests with those types of development that require access
to the water and cannot function elsewhere. Such
development includes navigation channels, simple access
channels, erosion control structures, boat docks, marinas,
piers, wharves, and mooring pilings.
Similarly, in coastal wetlands AEC's. the use with the ,
highest priority is the conservation of wetland, with
secondary priority going to water dependent activities.
Uses which are unacceptable in coastal wetlands AEC's ,
include, but are not limited to, restaurants, homes,
hotels and motels, trailer parks, parking lots, private
roads and highways, and manufacturing plants. Acceptable
uses include utility easements, fishing piers, docks, and
agricultural uses as permitted under applicable statutes.
In public trust AEC's. no use is allowed which
significantly interferes with the public's right of
navigation or other public rights which exist there. Uses
that may be acceptable within public trust AEC's. provided
that they will not be detrimental to public trust rights
and the biological and physical functions of the estuary
or ocean, include the development of navigational channels '
and drainage ditches, the use of bulkheads to control
erosion, and the construction of piers, wharves, and
marinas. Uses that are not acceptable in public trust
AEC's are those which directly or indirectly impair or ,
block existing navigation channels, increase shoreline
erosion, deposit spoils below mean high tide, create
97091up III - 20 '

adverse water circulation patterns, violate water quality
standards, or degrade shellfish waters and beds.
In estuarine shorelines AEC's, no uses are absolutely
prohibited. However, any development that occurs within
the estuarine shoreline AEC is to be compatible with both
' the dynamic nature of the estuarine shorelines and the
economic and biological productivity of the estuarine
system.
' In ocean erodible AEC's and high hazard flood AEC's, the
CRC's guidelines carry out their mission of protecting the
line of oceanfront sand dunes by enforcing the oceanfront
' setback lines, keeping structures behind the crests of
frontal and primary dunes, and prohibiting the relocation
or removal of these dunes and their vegetation. The
guidelines for these areas include standards for
construction to be designed and located to minimize damage
due to fluctuations in ground elevation and wave action in
a storm that has a one -percent probability of being
equaled or exceeded in any given year.
In the public water supply AEC, the use of underground
septic tank and drain field wastewater systems is
prohibited within a 500' perimeter of the high water mark
of the Fresh Pond. Between 500' and 1.200'. septic tank
systems are limited to a capacity not greater than the
equivalent of a four -bedroom single-family residence and
must include a land area of at least 40,000 square feet.
In addition, all land clearing, grading, surfacing, and
other land disturbing activities within 1,200' of the
Fresh Pond AEC must conform with applicable guidelines
dealing with erosion and pollution control and CAMA.
Fragile areas are shown on MAP 6.
In addition, other fragile areas in Town are Run Hill and
the National Park Service property. Run Hill is one of
the last, live sand dune formations of significant size on
the Outer Banks. It is connected to the maritime forest
and is part of the barrier island dune system. The United
States Department of Interior, National Park Service
controls a 427.77 acre parcel in the center of Town which
is the site of the Wright Brothers National Memorial and
houses a museum, visitor center, and support structures.
'
For discussions of issues related to other fragile areas
including archaeological and historical sites and wetlands
as classified by Section 404 of the Clean Water Act, see
'
Chapter IV, C. numbers 2a, 2b, and 12 on pages IV-3 and
IV-4, and IV-11 respectively.
97091up III - 21

d. Areas with Resource Potential
The North Carolina Division of Water Quality assigns water
quality classifications to all waters of the State. The
classifications are based upon the existing or
contemplated best usage of the various streams and
segments of streams within a basin. as determined through
studies, evaluations, and comments received at public
hearings. The State classifies tidal salt waters as
follows:
Class SA: shellfishing for market purposes and any
other usage specified by the "SB" and "SC"
classification;
Class SB: primary recreation and any other usage
specified by the "SC" classification;
Class SC: fish and wildlife propagation, secondary
recreation, and other uses requiring waters
of lower quality.
The waters of the Atlantic Ocean carry the "SB" water
quality use classification. The waters of Kitty Hawk Bay.
carry the "SC" water quality use classification. See MAP
8.
Kill Devil Hills is located entirely within the hydrologic
unit identified as 03010205230030. See MAP 1. MAP 6. and
MAP 8.
See Chapter IV, D. Resource Management Issues for
discussions of areas with resource potential in Kill Devil
Hills.
10. Constraints to Development and Carrying Capacity Analysis
a. Introduction
- Information and analysis for this section were taken from
the Town of Kill Devil Hills Stormwater Management Plan
Update. 1988. and the "Buildout Study Outer Banks
District." North Carolina Power. January 11. 1988. the
Booz-Allen and Hamilton Dare County Carrying
Capacity/Development Study, and staff reports.
b. Existing Water and Sewer Service Areas..
Until 1996, Kill Devil Hills, Dare County. and Nags Head
shared in the operation of the Dare County Regional Water
System. At that time. Kill Devil Hills relinquished its
97091 up III - 22

ownership rights to the systems' plants and sources. Kill
Devil Hills is allocated 3 million gallons per day (MGD)
of the 9.9 MGD that can be generated by water system
facilities. The system can be expanded to generate a
total of approximately 16.0 MGD, of which Kill Devil Hills
would be entitled to approximately 4.5 MGD.
The average water consumption for the Kill Devil Hills
system was approximately 1.22 MGD for fiscal year July 1,
1996 to June 30, 1997. The peak demand in 1997 was 2.0
MGD. As of June, 1997. the Kill Devil Hills water system
had 4,547 residential water meter accounts and 206
commercial accounts.
There are two elevated water storage tanks in Kill Devil
Hills. One tank is located at the water plant on W. 8th
Street and has a..25 million gallon capacity. Another
tank is located at the Police. Fire, and Finance complex,
1634 North Croatan Highway and has a .20 million gallon
capacity. Ground storage is .70 million gallons at W. 8th
Street and .50 million gallons at the Police, Fire, and
Finance complex. A County owned storage facility is
located at the Reverse Osmosis Plant (RO Plant) on Mustian
Drive in Kill Devil Hills.
Some capital improvements to the water systems include
upgrading undersized water mains in high density areas,
looping of dead end lines. adding fire hydrants in high
density areas, providing for the future needs by
constructing elevated storage, and devising a replacement
-schedule for existing water mains that are constructed of
asbestos cement materials. The Town's Capital
.Improvement Plan includes a proposed new water tank in the
north -end of Town.
Currently. the existing water system is capable of serving
the Town's needs. However. as the Town reaches build -out
and then redevelopment, it will need to focus on upgrading
its water system as a whole versus the as needed, crisis
dictated approach by which it has evolved.
Kill Devil Hills, like its neighbors, relies on septic
tanks and some package treatment plants. The following is
a list of the package wastewater treatment plants in Kill
Devil Hills:
1. Outer Banks Beach Club Wastewater Treatment Plant
Capacity - 300.000 gpd (can be expanded to 500,000).
This treatment plant provides wastewater services to
22 customers ranging from fast food restaurants and
laundromats to motels and shopping centers.
III - 23

2. Holiday Inn
Location - East Ocean Acres Drive
Capacity - 45.000 gpd
This treatment plant serves only the Holiday Inn
Motel and cannot be expanded.
3. The Kill Devil Hills Ocean Acres Plant (Southern
Sanitary District 1)
Capacity - 60.000 gpd
Service - 147 customers (13 of which are commercial)
The plant, built in the early 1970's, has been
through two bankruptcies, and is currently owned and
operated by Kill Devil Hills.
C. Design Capacity of Community Facilities: Utilization and
Remaining Capacity
At present, most community facilities generally appear to
be adequate to meet existing demands. However. for the
five year planning period (1997-2002). facilities'
maintenance and upgrading will become more crucial.
After collection by the Town, solid waste is transported
to a transfer station in Manteo. The waste is then
disposed of at the Bertie County Regional Landfill.
The educational needs of Kill Devil Hills are also the
responsibility of Dare County. The design capacities for
Dare County Schools are:
0 First Flight Elementary School 540 students
• First Flight Middle School. . . . . 572 students
• Kitty Hawk Elementary School . . . . 720 students
0 Manteo High School . . . . . . . . . 675 students
Current enrollments at each are:
0 First Flight Elementary School 536 students
• First Flight Middle School 431 students
- • Kitty Hawk Elementary School 459 students
• Manteo High School . . . . . . . . . 734 students
A 5% annual increase in enrollment is projected. There is
support in the Town for the construction of a new high
school on the Baum Tract along Veterans Drive.
The North Carolina Department of Transportation maintains
the major highways within the Town and routinely develops
plans for system improvements. The Town has developed a
master plan for local street improvements.
The Kill Devil Hills Police Department has twenty-seven
employees with four subordinate divisions including
Administration, Patrol, Criminal Investigations, and
97091 up III - 24

Animal Control. The Department is headed by a chief who
is assisted by a deputy chief.
Paid fire fighters operate in three shifts of twenty-four
' hours duration and provide a high level of fire
suppression services to the Town. Volunteer fire fighters
also provide assistance. There are twelve fire fighter
positions, three captain positions, and one secretarial
position. In addition, two funded supervisory positions
include the fire chief and deputy chief.
' Police and fire facilities and personnel needs are
constantly being evaluated and will be provided as
necessary. Ocean rescue services are contracted out by
' the Town to a private firm.
The Town continues to implement its Recreational
Facilities Plan and budget a capital reserve fund for
recreation and recreational facilities. The Town has also
been very active in developing shoreline accesses. See
MAP 7. The Dare County Recreational Park in Kill Devil
Hills was completed in 1997.
d. Buildout
Various buildout scenarios for the Town have been
discussed and debated. The Town of Kill Devil Hills
Stormwater Management Plan Update. 1988, the Buildout
Study Outer Banks District by North Carolina Power, and
the Dare County Service Requirement and Development
Options Cost Report of the Carrying -Capacity Study by
Booz-Allen.& Hamilton all offer buildout projections and
considerations. The North Carolina Power study projected
that the buildout could occur with 9,443 dwelling units as
early as 1998 in the Town. The Town's Stormwater
Management Plan Update focused on buildout using market
conditions underlying 1988 development densities, the
' Carrying Capacity Study projections. and several
assumptions. It projected that buildout, if defined as
every parcel being developed to its highest permissible
density, could only be achieved.with the use of community -
wide wastewater. It is projected that complete coverage
of the Town by.development will not likely occur before
the year 2007.
' C. Estimated Demand
1. Introduction
It is anticipated that in some cases, future demands during the
planning period may not be adequately met by existing and thus,
the Town prepared (in 1997) its first Capital Improvement Plan
and continued to budget for certain capital expenditures. The
97091up III - 25

2
3
4.
5."
97091up
primary focus in the next 10 years will be on redevelopment.
maintenance. and regional efforts to solve multi -jurisdictional
'
problems such as water and wastewater. See previous discussions
on page III-22. item 10b.
Population
'
a. Seasonal Population
,
Projections are available only at the county level from
the North Carolina Department of Planning. State Data
Center. The Booz-Allen & Hamilton. Inc.'s Dare County
Service Requirement and Development Options Cost Report, a
part of the Carrying Capacity Study, projects an average
visiting population of 24,284, and a peak visiting
population of 40,473 by 2001. The Town projects its 2003
,
permanent population at 6.,100 and projects the peak.
visiting population plus permanent population in 2003 to
be about 48,000.
'
b. Local Objectives Concerning Growth
A moderate growth rate that will result in a permanent '
population of about 8.500 persons by 2007 is projected.
Based upon the responses received in the 1997 public '
opinion survey, there is support for more residential
development and less commercial development, but strong
resentment to an increase in density.
Economy
The Town will continue to rely on tourism as its main industry ,
throughout the planning period. There will continue to be
pressure from the commercial sector to re-examine land use
policies and the Town's approach to land use planning.
Future Land Need
There is sufficient vacant land to
for the planning period. However,
septic tank use could constrain th
growth.
Community Facilities Demand
e
meet the demands anticipated ,
the suitability of soils for
amount and location of future
Most of the community facilities demands anticipated for the ,
planning period will be adequately met by existing facilities and
those planned. However, utility system maintenance and the speed
with which infrastructure improvements are made may constrain
future growth. Community facilities planning, particularly for
transportation system needs, is difficult due to the population
variance between peak and off-peak seasons. In 1997. the Town '
prepared its first Capital Improvement Plan.

r-�
' Community facilities issues are discussed in detail in Chapter
IV, Section E numbers 17-19, 21-22. and 31-32 on pages IV-29
and IV-30, IV-32, and IV-42 and IV-43 respectively.
' 6. Transportation
Transportation system demands anticipated for the planning period
' will become more problematic and may not be adequately met by the
existing system. Planned system improvements both at the local
and interjurisdictional levels must be accelerated. These are
discussed in Chapter IV, Section E. numbers 21 and 22 on page IV-
32.
7. Housing and Accommodations
' The demand for housing and accommodations anticipated for the
planning period will be met by existing stock and private
' initiative based upon market demands. However, it is anticipated
that competition for existing stock will increase. Housing for
seasonal employees for the service industry is in shortage and
will likely continue to be a problem.
I97091up III - 27

IV
1
u
LAND USE ISSUES. BACKGROUND. POLICIES. AND IMPLEMENTATION STRATEGIES
A. Introduction
Statements of local policy on land use issues which will affect Kill
Devil Hills during the next five years follow. The issues have been
grouped under five general headings:
• resource protection issues;
• resource production and management issues;
• economic and community development issues:
• public education and citizen participation; and.
• natural hazards planning.
Following the guidelines set forth in Subchapter 7B-Land Use Planning
Guidelines of the North Carolina Administrative Code,(03/06/96). the
Town considered various policy alternatives and implementation
strategies before selecting the several policies that follow.
The Town considers the following issues regarding resource protection
not applicable or relevant at this time and they will not be addressed
in this Update:
• Outstanding Resources Waters (ORW) Areas;
•
Shellfishing Waters: and.
'
•
Manmade Hazards.
The
Town considers the following issues regarding resource management
not
applicable or relevant at this time and they will not be addressed
in
this U ate:
'
•
Productive Agricultural Lands;
•
Commercial Forest Lands:
•
Impact of Development on Any Resource: and.
•
Impact of Peat or Phosphate Mining on Any Resource.
Similarly.
the following economic and community development issues are
'
not
addressed
considered applicable or relevant at this time and they will not be
in this Update:
•
Landfill Siting;
•
Port Facilities; and.
•
Military Facilities.
' In addition to numerous workshops and meetings devoted to review of
land use issues. Town policies. and implementation strategies. the Town
distributed a public opinion survey in July 1997. Of the 7.000 surveys
' distributed. 1,500 (21.4%) were returned by the August cutoff date.
Surveys received after the cutoff date were not included in the
percentages quoted in the issue areas' BACKGROUND discussion that
follows. however the Planning Department continued reviewing surveys
' received tracking trends and opinions. A copy of the survey form with
percentages is included as APPENDIX 3.
I97091up IV - 1
',1

Responses to the opinion survey provide an important source of ,
information to Town decision -makers in the formulation of policies
regarding future growth and development. In addition, responses can '
help identify growth issues which appear to have an especially high
level of significance to the citizenry. Because the survey occurs
during the land use plan update process, such issues received special
attention and further investigation during the preparation of the Land
Use Plan Update.
The opinion survey is only one source of information Town decision-
'
makers have available to them in formulating growth policies. As with
any effort to gauge public opinions or attitudes, readers of survey
responses should avoid using the results legalistically or accepting
,
them as absolute. Readers must weigh the results in combination with
other information, as well as with their own knowledge of Kill Devil
Hills. The survey instrument was not developed to be an infallible
scientific measuring tool. Moreover, it was distributed to all tax
payers, regardless of whether they live in Town or out. Local versus
out of towner views were not separated. Local versus out of towners
views were not weighted. Many of those returning surveys did not
,
complete all questions in the instrument, thus only the views of those
responding to a question are reflected in the percentages quoted in the
pages that follow.
'
Most of the policies and implementation strategies that follow were
included in whole or in part in the 1993 Update. An analysis of the
Town's efforts to implement the policies included in the 1993 Update is
,
included, where applicable, in the respective land use issues'
BACKGROUND sections.
B. Timing
of Implementation
The Board of Commissioners and Planning Board meet annually in a joint
workshop to discuss planning goals and planning related work items.
'
Notwithstanding re -prioritization of policy issue areas or rescheduling
of implementation strategies necessitated by changes in development
�- patterns, State or Federal mandates, or local objectives, the policies
that follow will be implemented on an on -going basis or by the end of
the five year planning period (1997-98 through 2001-02). unless
otherwise specified.
C. Resource Protection Issues
1. Areas of Environmental Concern (AEC)
'
BACKGROUND
In Kill Devil Hills, these areas are covered under existing CAMA
regulations and discussed in detail in Chapter III, Section B.
part 9, items. C. pages III-17 through III-22.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation were
completed by the Town. ,
97091up IV - 2 1

1
1
1 z
1
A
1
1
1
1
1
1
1
1
i
The Town supports the guidelines of the Coastal Area Management
Act and the associated policies of the Coastal Resources
Commission but reserves the right to oppose specific sections of
the CAMA. The Town is opposed to any additional AEC designations
or the extension or enlargement of any existing AEC designations
within its borders.
IMPLEMENTATION STRATEGY
The Town will be represented at Coastal Resources Commission
meetings and workshops and will participate in discussions and
public hearings concerning issues relevant to the Town's
interests. The Town was represented at ad hoc committee meetings
of the Governor's Coastal Futures Committee. The Town will
continue to be represented at State sponsored water quality
meetings.
Hazardous or Fragile Areas
a. 404 Wetlands, Freshwater Swamps, and Marshes
BACKGROUND
In Kill Devil Hills, these areas are regulated by existing
CAMA or U.S. Army Corps of Engineers regulations. Corps of
Engineers regulates 404 wetlands. State regulated coastal
marshes must attach to a -water body and be regulated by
CAMA. Presently. consultants.are used by prospective
builders to verify the presence or absence of wetlands.
Reports are submitted to the Corps of Engineers for
verification and then to the Town to review and issue
permits as appropriate.
A policy identical to the policy which follows was
included in the 1993 Update and the strategies for its
implementation -also identical -- were completed by the
Town.
POLICY
The Town supports CAMA and U.S. Army Corps of Engineers
regulations as applicable. reserving the right to review
any proposed modification to existing regulations. The
Town supports mitigation activities when used in
conjunction with public purpose projects.
IMPLEMENTATION STRATEGY
The Town will monitor development proposals for compliance
with Section 404 of the Clean Water Act and continue to
administer local land disturbing regulations.
IV-3

97091up
,
b. Maritime Forests
BACKGROUND
'
The majority of the 490.5 acres of land in Kill Devil
Hills that retains maritime forest vegetation is owned and
managed for preservation by the North Carolina Nature
,
Conservancy (Nags Head Woods Preserve), a private, non-
profit corporation. Of this land, some 341 acres, is not
considered to be endangered by private sector development
,
or forestry harvesting. The management of maritime forest
lands not owned by a preservation organization can be
managed through the use of local land disturbing
'
ordinances. With the exception of 124 acres owned by the
Town, the balance (25.5 acres) is owned privately.
In July, 1997, the Town entered into a management
,
agreement with the Nature Conservancy for management of
=. Town -owned land in the Maritime Forest.
'
A policy identical to the policy which follows was
included in the 1993 Update and the strategies for its
implementation -- also identical -- were completed by the
Town.
'
POLICY
The Town supports the maintenance and management of
maritime forests and supports the use of locally adopted
management guidelines. The Town encourages private owners
,
of land in maritime forests to retain the natural wooded
condition of their property.
IMPLEMENTATION STRATEGY
,
The Town will continue to implement the regulations of the
Maritime Forest Environmental District as found in Chapter
-,
21, Zoning, of the Town Code and work with the Nature
Conservancy for the management of Town -owned land in the
Maritime Forest.
'
The Town will work with the Nature Conservancy and.private
owners to make reasonable efforts to selectively remove
dead or damaged trees after a major storm event.
3. Protection of Potable Water Supply
BACKGROUND
See Chapter III. Section B.. part 9. item b.(3) on page 17. Water '
Supply Sources; Estimated Quality and Quantity. On June 30.
1996. the Town signed over its interest in the water production
system it owned and developed with Nags:Head and Dare County.
Now the water production system is the property of Dare County
and Kill Devil Hills is guaranteed 3 million gallons daily.
IV - 4 r

1
A policy identical to the policy which follows was included in
the 1993 Update and similar strategies for its implementation
were carried out by the Town.
POLICY.
' The Town supports the protection of its water supply resources.
IMPLEMENTATION STRATEGY
The Town will consider conducting an area -wide water and sewer
needs study within the next five years and will seek the support
and -cooperation of neighboring localities in this effort. The
Town will continue to monitor and enforce existing regulations
and adopt appropriate regulations for the protection of surface
water.and groundwater resources.in the construction of new and
the operation of existing wastewater treatment facilities
particulary around the Fresh Pond and near wastewater treatment
facilities.
' 4. Package Treatment Plants
BACKGROUND
See Chapter III, Section B., part 10., item b., on page III-22.
Existing Water and Sewer Service Areas.
' A policy identical to the policy which follows was included in
the 1993 Update but similar strategies for its implementation
were not fully completed by the Town as the Town did not conduct
' an area -wide water and sewer needs study.
POLICY
' The Town supports the establishment of a community -wide
wastewater treatment system for the protection of the health,
safety, and welfare of -the citizens of Kill Devil Hills and not.
to promote increased dwelling density. The Town supports the use
of package treatment plants in the interim if they are:
• designed to treat less than 100,000 gallons per day:
• affixed to the units they serve: and
' • if both the package treatment plants and the units they
serve are located within the boundaries of Kill Devil
Hills.
IMPLEMENTATION STRATEGY
Although water production is under the control of Dare County,
wastewater needs must be reviewed with respect to water supply.
The Town will consider conducting an area -wide water and sewer
' 97091up IV - 5
1

97091up
needs study within five years and will seek the support and
cooperation of neighboring localities in this effort. The
wastewater division of the Town's Utility Department will develop
and recommend local plans and regulations concerning the use.
regulation, and maintenance of,package treatment plants and
appurtenances within Town borders. In the interim, the site plan
review process and the Division of Environmental Management's
regulatory system will be used to insure all package treatment
plants are properly designed and located in such a manner that
public health and welfare are not compromised by the presence of
such systems.
5. Stormwater Runoff
BACKGROUND
The Town commissioned and adopted the Town of Kill Devil Hills
Stormwater Management Plan Update, 1988. The Town currently
experiences nuisance flooding when there is a storm of an
intensity that occurs on the average of once every two years.
The Town currently experiences more serious, but still relatively
minor flooding problems when there are storms of greater
intensity occurring on the average of once every five to ten
years. Major flooding would occur in the event of intense
rainfall or hurricane. The Town has undertaken natural hazard
planning independently of its'Stormwater Management Plan to
prepare for such events.
The Town has a policy of support for protection of the estuarine
and oceanic water quality. The Town supports state Coastal Area
Management Program guidelines and the state Coastal Area
Management Act goals for water quality protection. Unchecked
local stormwater runoff could contribute to pollution of the
estuaries and the ocean. Stormwater systems that would
effectively relieve flooding could pollute even more severely
than unchanneled runoff since they could allow the water to flow
at a rapid enough rate for it to carry a maximum amount of
sediment and chemical pollutants directly to the coast.
Rapid stormwater removal and prevention of pollution from the
.. stormwater are in some ways competing goals so'it is challenging
to devise satisfactory solutions to the combined problem.
The solution recommended in the Stormwater Management Plan
comprises several methods to reduce the amount of stormwater
runoff from each lot, to detain runoff so that less sediment will
reach the coastal waters. and to remove runoff quickly from
developed areas. Implementation of all of the recommended
improvements would reduce flooding under build -out conditions to
a nuisance level for a two year storm event without worsening and
in some cases improving estuarine water quality. The solution
would also lessen flooding and pollution problems from five and
ten year storms.
IV-6

' The components of the recommended solution are summarized in
detail in Chapter V. Recommendations of the Stormwater Management
Plan. Understanding the expense involved, the Town has realized
only so much can be done and has cautiously implemented the
recommendations of the plan.
In the 1997 opinion survey, of those choosing to respond
'
concerning whether public funds should be used for stormwater
drainage management projects, 59.5% agreed or strongly agreed,
while only 9.0% disagreed or strongly disagreed.
'
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation were
'
carried out by the Town.
POLICY
The Town supports the mitigation of adverse impacts associated
with stormwater runoff within Town limits and the policies
adopted as -a part of the Town of Kill Devil Hills Stormwater
Management Plan Update, 1988 and subsequent updates.
IMPLEMENTATION STRATEGY
'
The Town will continue to implement the recommendations of the
Town of Kill Devil Hills Stormwater Management Plan Update. 1988.
'
The Town will continue to budget a capital reserve for stormwater
projects.
'
The Town will update the Town of Kill Devil Hills Stormwater
Management Plan Update, 1988.
6. Marinas. Floating Homes, Dry Stack Storage Facilities. and
Mooring of Vessels in Public Trust Waters
' BACKGROUND
With the exception of the Government and Institution (G&I) zone,
current zoning regulations do not allow marinas. Floating homes
' and dry stack storage facilities are not permitted in any zone.
However, no Town policy exists governing the temporary mooring of
vessels in public trust waters.
' CAMA does not have a policy governing temporary mooring of
vessels in public trust waters.
' A policy identical to the policy which follows was included in
the 1993 ate but the strategies for its implementation were
not fully completed by the Town as the Town did not develop and
adopt ordinances to regulate floating homes, dry stock storage
facilities, and the mooring of vessels in public trust waters.
' 97091up IV - 7

I�
J. POLICY '
The Town opposes floating homes, dry stack storage facilities,
and the mooring of vessels in public trust waters not affiliated
with a marina or a private dock in Kill Devil Hills. '
IMPLEMENTATION STRATEGY
The Town will enforce existing ordinances and regulations and '
carefully review applications for construction of marinas. It
will develop and adopt ordinances within the next five years to
regulate floating homes and dry stack storage facilities -- '
including the exercise of extraterritorial jurisdiction.
The Town will investigate strategies and means such as
extraterritorial jurisdiction and special legislation to give the
'
Town the right to regulate moorings in public trust waters.
7. Industrial Impact on Fresh Pond AEC
'
BACKGROUND
The area around.Fresh Pond is zoned.Light Industrial (LI) and
some development has occurred.
A policy identical to the policy which follows was included in
'
the 1993 Update and the strategies for its implementation were
partially completed by the Town. The Town developed and adopted
a water supply/watershed protection ordinance which was later
'
repealed.
POLICY
'
The Town supports the protection of fragile areas such as the
Fresh Pond AEC and supports measures -to mitigate potential
adverse effects of industrial uses.
- IMPLEMENTATION STRATEGY
The Town will continue to implement the CAMA minor development
program.
The Town will continue is efforts to maintain vegetative buffers
'
on the western property lines of the building sites and continue
to direct runoff away from the Fresh Pond watershed.
'
97091up IV - 8 ,
11

' 8. Sound and Estuarine System Islands
BACKGROUND
.There are several sound and estuarine islands under the
jurisdiction of Kill Devil Hills including Walker Island. These
estuarine islands provide habitat for marine and aquatic life and
'
are important for food production.
1
A policy identical to the policy which follows was included in
the 1993 Update and similar strategies for its implementation
were carried out by the Town.
'
POLICY
The Town supports the preservation.of the current undeveloped
state of sound and estuarine islands -under the jurisdiction of
'
Kill Devil Hills.
IMPLEMENTATION STRATEGY
The Town will continue to recognize 404 Wetlands and CAMA
regulations and will consider purchase of sound and estuarine
islands within the next five years.
The Town will work with the Nature Conservancy regarding the
purchase of sound and estuarine islands using grants and capital
reserve funds.
9. Restriction of Development within Areas Up to Five Feet Above
'
Mean High Water
BACKGROUND
Existing regulations are deemed adequate.
A policy identical to the policy which follows was included in
'
the 1993 Update and the strategies for its implementation -- also
identical -- were carried out by the Town.
POLICY
The Town supports the restriction of development within areas up
to five feet above mean high water susceptible to sea level rise
and wetland loss.
IMPLEMENTATION STRATEGY
The Town will enforce requirements of the National Flood
Insurance Program. It will enforce existing regulations
t regarding structure elevations and enforce base flood
regulations --requiring elevation certificates and other
' 97091uP IV - 9

requirements stipulated in Chapter 8, Flood Damage Prevention, of
the Town Code.
10. Upland Excavation
BACKGROUND
There has been very little activity or interest in this issue.
Current zoning regulations do not allow marinas.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation -- also
identical -- were carried out by the Town.
POLICY
The Town supports properly permitted excavation of upland areas
for marina basin development.
IMPLEMENTATION STRATEGY
The Town will continue to support applicable Federal. State, and
local regulatory programs.
11. Bulkheads
BACKGROUND
This issue has not generated a great deal of controversy in Kill
Devil Hills, particularly since properly aligned and constructed
estuarine bulkheads have proven successful in stabilizing the
sound shore. Historically, the Town has not favored bulkhead
installation -in wetlands except in certain cases landward of the
tide line.
A policy similar to the policy which follows was included in the
11993 Update and the strategies for its implementation - also
similar - were carried out by the Town.
POLICY
The Town supports the continued construction of properly
permitted estuarine bulkheads, but does not favor issuing
bulkhead permits where substantial wetlands loss is imminent.
IMPLEMENTATION STRATEGY
The Town will continue to participate in the CAMA Minor Permit
Program with the Department of Environment. Health, and Natural
Resources.
97091up I IV - 10

The Town will encourage the CRC to study wetlands loss related to
'
the installation of bulkheads and alternative methods of
estuarine shoreline stabilization.
'
12. Flood Plain Management
BACKGROUND
rSee
Chapter III, Section B., part 8., item d. on page III-10 and
part 9., item b.(1), on page II1-12. Man -Made and Natural Hazard
'
Areas.
The flanning Department submitted an application in 1996 to the
National Flood Insurance Program which was approved, resulting in
'
a 10% reduction in flood insurance premiums throughout the Town.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation were
carried out by the Town.
POLICY
The Town supports the concept and practice of flood plain
management and participation in National Flood -Insurance Program
'
Community Rating System.
IMPLEMENTATION STRATEGY
The Town will continue to keep the local Flood Plain Management
Ordinance up to date with the National Flood Insurance Program.
'
The Town will -continue its annual public awareness outreach
projects to educate the public concerning the need for flood
insurance.
'
The Town will investigate the use of freeboard for new
construction.
13. Duneplowing and Revegetation
BACKGROUND
Concern was noted that sandhill formations (non -coastal dunes)
that occur outside the Area of Environmental Concern jurisdiction
of CAMA were being subjected to adverse alteration activities and
'
local protection guidelines were adopted in 1991.
Section 21-7.12 Dune Protection of Chapter 21. Zoning, of the
Town Code. makes it unlawful for persons, firms, or corporations
to damage. destroy, remove, or change the existing contour of any
sand dune or to kill. remove, or destroy vegetation growing on
' sand dunes except in certain cases. This section also sets forth
requirements for the submission of development and/or site plans
I97091up IV - 11

for developments in areas that contain oceanfront or inland dunes
and review of same by the Planning Board or Town zoning official. '
Guidelines are also set forth concerning the removal or
relocation of sand as well as slope parameters for dune -
disturbing activities. '
Run Hill, a live sand dune, is a unique, active coastal geologic
formation in Kill Devil Hills.. It has been preserved and is now
part of the Jockey's Ridge State Park system.
A policy similar to the policy which follows was included in the
1993 Update and the strategies for its implementation -- also t
similar -- were carried out by the Town.
POLICY '
The Town supports the construction and revegetation of ocean-
front sand dunes and opposes the mining of inland dunes.
IMPLEMENTATION STRATEGY
The Town will continue to enforce the dune protection section of
Chapter 21. Zoning, of the Town Code.
14. Areas of Archaeological or Historical Significance '
BACKGROUND
Two archaeological sites are recorded within the Town's planning
boundaries. The exact locations of these sites are not provided
due to potential harm from public knowledge and subsequent
disturbance of these locations. Additional records indicate one ,
underwater, two terrestrial, and one region previously surveyed.
See MAP 6.
Any proposed development or land disturbing activities within '
these areas should be immediately referred to the North Carolina
Department of Cultural Resources.
In addition, there are three sites in Kill Devil Hills that are
on the National Register of Historic Places. See MAP 6. They
are: '
• the Wright Brothers Memorial:
0 the Wright Brothers Quarters and Hanger Building (both '
located on property owned by the National Park Service):
and,
0 the Kill Devil Hills Coast Guard Station (located in the
vicinity of the 700 - 800 block of South Virginia Dare
.Trail).
97091up IV - 12

A policy identical to the policy which follows was included in
'
the 1993 Update and the strategies for its implementation -- also
identical -- were carried out by the Town.
'
POLICY
The Town supports the protection of identified areas of
archaeological or historical significance.
IMPLEMENTATION STRATEGY
The Town will enforce existing regulations, requiring review by
the Department of Cultural Resources of proposed development
'
activity in areas identified as archaeologically or historically
significant.
D. Resource Management Issues
Fishing, -Recreation
1. Agriculture. Forestry, Mining, and
'
BACKGROUND
Commercial agriculture, forestry. and mining are not considered
potential major land uses. Fishing is a vital part of the
'
traditional Outer Banks way of life and is important to the local
economy. The Town adopted and is implementing the Town of Kill
Devil Hills Recreational Facilities Plan Update. 1997.
'
A policy similar to the policy which follows was included in the
1993 Update and the strategies for its implementation — also
similar — were carried out by the Town.
POLICY
'
The Town supports and encourages recreational activities
including fishing and discourages commercial agriculture,
forestry, and mining.
IMPLEMENTATION STRATEGY
'
The Town will continue to implement the recommendations of the
Town of Kill Devil Hills Recreational Facilities Plan Update,
1997. It will continue to enforce its dune protection ordinance
and continue to enforce regulations found in the maritime forest
environmental district of Chapter 21. Zoning, of the Town Code.
The Town will work toward the goals of clean water and access to
waters for fishing and recreation.
I97091up IV - 13

2. Mineral Production Areas
BACKGROUND
The only significant activity to date has been sand mining. Kill
Devil Hills is a tourist community and mining activities are not
deemed to be compatible with the Town's economy.
Apolicy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were carried out by the Town.
POLICY
The Town opposes any mining activities within Town limits.
IMPLEMENTATION STRATEGY
The Town will continue to enforce its dune protection ordinance
and will review any other proposed mining activities for
compatibility with the existing Town economy and regulations.
3. Fisheries and Nursery and Habitat Areas
BACKGROUND
The Town has significant habitat areas -- the estuarine shoreline
and marsh islands -- which contribute to the support of
recreational and commercial fisheries.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were carried out by the Town.
POLICY
With the exception of channel and maintenance dredging activities
-� including beach nourishment dredging, the Town supports the
protection of.commercial and recreational fisheries. nurseries,
and habitat areas.
IMPLEMENTATION
The Town will recognize and support the provisions of Section 404
of the Clean Water Act and applicable CAMA guidelines. which
relate to this policy.
The Town will protect and/or acquire marsh islands to preserve
habitat and nursery areas.
The Town will seek acquisition funds from the North Carolina
Estuarine Trust Fund.
97091 up IV - 14

4. Wildlife Management
BACKGROUND
'
With increased population and development in the Town. wildlife
management and compatibility has become an issue.
A policy identical to the policy which follows was included in
the 1993 Update but not all of the strategies for its
implementation were completed by the Town. The Town did not
develop a wildlife management plan. However. the Town worked
with. the Nature Conservancy to allow hunting to manage the Town's
deer herd.
POLICY
The Town supports the concept of wildlife management within Town
limits.
IMPLEMENTATION STRATEGY
iThe
Town will coordinate its efforts with the Wildlife Resources
Commission and Nature Conservancy to develop a wildlife
management plan within the next five years to include species
'
recognition and habitat preservation elements.
The Town will continue to work with the Nature Conservancy with
'
respect to wildlife population management.
5. Off -road Vehicles
BACKGROUND
' Results of the citizen survey indicate significant support
(56.3%) for beach driving from September 15 to May 15 with only
37.0% of respondents opposed.
At certain points. the beaches in the Town have very unstable
sand and steep slopes making off -road driving difficult and
potentially hazardous to sunbathers. The need to regulate off -
road -vehicles on the beach to reduce the potential for accidents
has been discussed. It has been suggested that a decal permit
program is the best way to inform off -road vehicle drivers of
rules to be followed.
A policy similar to the policy which follows was included in the
1993 Update.
' After receipt of public input. the Town decided not to implement
a permit system for beach driving.
1 97091up IV - 15

POLICY
The Town supports seasonal restrictions on beach driving.
IMPLEMENTATION STRATEGY
The Town will continue to use its local police powers to enforce
beach driving restrictions.
E. Economic and Community Development Issues
1. Residential, Commercial, Industrial, and Institutional
Development
BACKGROUND
Generally, the attitudes and opinions of the citizens are to
retain a high ratio of residential to non-residential
- construction within the Town. However, it is important to note
that the Town realizes that many of the single family
"residential structures" serve a rental business function. It is
important to note that some support has-been given for a "village
commercial" concept which can serve the limited commercial needs
of the immediate neighborhood.
In the 1997 opinion survey, 68.6% of respondents agreed or
strongly agreed, while only 7:6% disagreed or strongly disagreed
that the Town should become more residential, less commercial.
-A majority of respondents (74.6%). when given the choice of the
Town becoming more commercial, less residential, disagreed or
strongly disagreed.
Concerning residential zone densities. 78.6% of respondents
disagreed or strongly disagreed that the existing residential
zone rules should be relaxed to allow greater densities and a
greater variety of uses.
-= Concerning zoning and densities around the Wright Brothers
=-- National Memorial. 89.6% of respondents agreed or strongly agreed
that the existing low density residential zone around the
memorial should be maintained.
Concerning the use of public funds to provide incentives to
stimulate additional economic development. 19.2% agreed or
strongly agreed with this concept; but 45.5% disagreed or
strongly disagreed.
A policy identical to the policy which follows was included in
the 1993 Update but similar strategies for its implementation
were not fully completed by the Town. The Town did not develop
architectural standards.
97091up IV - 16

I'
u
I POLICY
The Town supports the concept of repackaging commercial
development to make it more attractive and compatible with the
residential character A t strives to -preserve.
IMPLEMENTATION STRATEGY
The Town may develop and adopt architectural standards and
investigate methods and approaches to effectively manage growth.
' particularly wastewater service. within the next five years.
2. Architectural Review Standards
BACKGROUND
1 Community appearance is an important factor attracting tourists
to Kill Devil Hills as a vacation destination. Strong support
for architectural_ review standards was noted in the 1997 public
opinion survey.
' Concerning the establishment of an architectural and
beautification standard for new and existing development. 75.2%
of survey respondents agreed or strongly agreed that such
standards should be established. while only 9.61 disagreed or
strongly disagreed.
A'policy similar to the policy which follows was included in the
1993 Update but the strategies for its implementation — also
similar — were not fully carried out by the Town. The Town did
not develop design standards or create an architectural
beautification district.
POLICY
The Town supports architectural standards for new development and
uniform residential and non-residential structural designs for
other than single family dwellings and duplexes. It also
supports the concept of incentives for architectural
enhancements.
IMPLEMENTATION STRATEGY
The Town will solicit the help of local architects and designers
to develop standards and create an architectural beautification
district. It may establish overlay corridors along commercial
strips and include benefits for the retrofitting of older
' structures with the goal of improving the Town's appearance as a
vacation destination.
' The Town will develop language for inclusion into the zoning
ordinance to encourage the use of Outer Banks traditional
building styles.
97091up IV - 17
1

3. Industrial Development I
BACKGROUND
Currently, there is light industry by Fresh Pond and in a small
area in the central part of Town west of U.S. 158. The Federal
and State governments must be prompted to more fully recognize
tourism as an industry of local and national importance.
Existing light industry, which is supplemental to the Town's
economy. is service oriented in nature.
A policy identical to the policy which follows was included in
the 1993 Update but similar strategies for its implementation
were not fully carried out by the Town.
POLICY
The Town supports Federal and State legislation to recognize
'
tourism as a desired industry.
IMPLEMENTATION STRATEGY
The. Town will encourage the Chamber of Commerce and Dare County
Tourist Bureau to work toward obtaining State recognition of
tourism as an industry.
The Town will seek legislation to recognize tourism as an
industry. It will work to present a unified Dare County
'
resolution to Federal and State legislators in strong -support of
recognizing tourism as a desirable industry and toward the
development of improvements to facilitate cultural resources and
events.
4. Service Provision to Development
BACKGROUND
"- Development has traditionally provided improvements and
infrastructure such as streets, water lines, and beach access
sites based on its impacts to the community.
Concerning impact fees, 90.1% of survey respondents agreed or
,
strongly agreed that developers should pay such fees for those
services required by their new development.
Opinions expressed in public meetings during the development of
this Update were overwhelmingly in favor of twice weekly trash
pick-ups. However, 65.7% of survey respondents agreed or
strongly agreed that residential trash should be picked up by the
Town once a week in the off season (instead of the current two
pickups) with the exception of holidays.
97091up IV - 18 1

' A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were carried out by the Town.
POLICY
The Town supports exactions and impact fees from developers for
services and infrastructure improvements which they require and
as necessary to address impacts created by development.
'
IMPLEMENTATION STRATEGY
The Town will continue to levy impact fees (for water service)
and negotiate concessions requiring developers to pay for
services and infrastructure improvements required by development.
5. Uniform Planning Corridor Overlays and. Interjurisdictional
'
Regulatory Consistency
BACKGROUND
'
Citizens of the Town realize that community appearance is
important to continued success as a resort community. There is
support for the establishment of an Interjurisdictional overlay
'
district for the U.S. 158 corridor. This effort should give rise
to uniform local sign, lighting, and landscaping regulations in
an effort to create a more desirable appearance for the highway
'
corridor.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
1
identical — were carried out by the Town.
POLICY
The Town supports the concept of a uniform planning corridor to
include an overlay district providing consistent sign. lighting,
and landscaping regulations for the length of U.S. 158 throughout
Dare County.
IMPLEMENTATION STRATEGY
•
The Town will seek the support and cooperation of Dare County,
Kitty Hawk, Southern Shores, and Nags Head in a coordinated
effort .to develop and adopt uniform corridor regulations within
the next five years.
6. Redevelopment
BACKGROUND
There is public support to de-emphasize the oceanfront zone as a
preferred location for bulk immovable structures, to create a
' 97091up IV - 19
J

7.
setting for such structures to the west of NC 12. and to reserve
that land west of U.S. 158 for year-round residential
development.
The Town has experienced a transition from residential to
commercial occupancies along U.S. 158 where zoning is compatible.
Modernization. rehabilitation. remodeling. and upgrading of older
structures is a trend throughout the Town.
The Town anticipates the development of new market forces
impacting Kill Devil Hills during the next five years. These
forces could trigger a redevelopment proposal, or a redevelopment
plan may be developed by the Town itself.
Over 73% of survey respondents agreed or strongly agreed, while
only 6.5% disagreed or strongly disagreed, that.private.
redevelopment efforts should be encouraged to preserve or
continue the general residential building type or character.
A policy identical to the policy which follows was included in
the 1993 Update and similar strategies for its implementation
were carried out by the Town.
POLICY
The Town supports redevelopment of developed areas only after the
review of any redevelopment plans for consistency with the Town's
land use strategy.
With respect to redevelopment of non-commercial land fronting on
U.S. 158. the Town shall encourage the preservation of existing
residential land use along those portions of U.S. 158 not zoned
commercial.
IMPLEMENTATION STRATEGY
All redevelopment plans will be reviewed by the Planning Board
and Board of Commissioners for consistency with the Town's zoning
ordinance and land use plan.
In -an effort to judge the desirability of any redevelopment
proposal. the Town may consider amending the zoning ordinance to
address redevelopment issues such as protecting the character of
the area (appearance) and the natural environment, while
eliminating non -conformities where practicable.
State and Federal Programs
BACKGROUND
a. Erosion Control: The Town has generally supported but has
reserved the right to oppose specific sections of state
and Federal programs.
97091 up IV - 20

'
b. Public Building Accessibility: The Town has generally
supported the Americans with Disabilities Act, but has
reserved the right to oppose specific. sections of State
and Federal programs.
C. Highway Improvements: The Town has generally supported
but has reserved the right to oppose specific sections of
State and Federal programs.
d. Dredging: The Town has generally supported but has
reserved the right to oppose specific sections of State
and Federal programs.
1
e. Wright Brothers National Historic Site: The Town supports
expanded uses of this site.
A policy identical to the policy which follows was included in
'
the 1993 Update and the strategies for its implementation — also
identical — were carried out by the Town.
tPOLICY
The Town supports interaction with Federal and State legislators
and staffs to promote the exchange of ideas and information
regarding issues that will effect the Town.
IMPLEMENTATION STRATEGY
The Town will have representatives attend public hearings and
meetings wherein State and Federal rules and policies are
discussed. Within the next two years, the Town will seek
legislative relief to allow for the utilization of the Wright
Brothers National Historic Site for Town supported events.
t8. Beach Erosion and Beach Nourishment
BACKGROUND
The Town's policy on shoreline erosion in 1980, which opposed the
expenditure of public or private funds in an attempt to stabilize
the ocean beaches generated considerable controversy in 1982 when
several oceanfront homes were lost and one bulk immovable
structure became imminently endangered due to heavy seas.
Permits for erosion control structures were denied based on the
Town's restrictive policies, which at that time were more
restrictive than the State of North Carolina's guidelines. After
' several meetings. workshops, and public hearings, the Town's
policy on shoreline erosion was amended in 1982. A number of
structural and non-structural responses to shoreline erosion were
included in the amended policy. A question concerning shoreline
erosion policy was included in the public surveys distributed in
1986. 1992. and 1997 as a part of this U ate. Respondents to
1 97091up IV - 21

the surveys favored setbacks as the preferable non-structural
'
response and privately funded structural responses such as
bulkheads, seawalls, and breakwaters as the preferable structural
response. Survey results indicate opposition to the use of
public funds.
'
Realizing the value of a wide and stable recreational beach.
shoreline nourishment is the preferred method of shoreline
'
protection.
Concerning greater setback requirements. 72.2% of respondents
agreed or strongly agreed that greater setback requirements
,
should be required for oceanfront structures. A series of
statements concerning funding sources prompted the following
responses.
,
- Nearly 53% of respondents agreed or strongly agreed, while 26.8%
disagreed or strongly disagreed, that private funds should be
'
used to construct erosion control devices. With respect to the
use of public funds for structural responses such as bulkheads,
seawalls, breakwaters, or artificial seaweed, 28.2% agreed or
strongly agreed while 53.6% disagreed or strongly disagreed with
'
this approach.
Concerning the use of public funds for beach nourishment by
pumping or hauling in sand, those responding who agreed or
strongly agreed and those who disagreed or strongly disagreed
were about equal at 41.4% and 39.3%. respectively. Concerning the
use of private funds for such activities. 50.3% agreed or
strongly agreed while 29.0% disagreed or strongly disagreed.
A policy similar to the policy which follows was included in the
,
1993 Update and the strategies for its implementation — also
similar — were carried out -by the Town.
POLICY
The Town supports long term efforts to maintain and enhance the
,
== public trust beach through the funding of a beach nourishment
project using Federal. State; and local funds. -The Town supports
Dare County's efforts in a storm protection project involving
Kill Devil Hills. Kitty Hawk, and Nags Head. It also favors non-
structural responses to erosion such as relocation and/or
acquisition of existing endangered structures, setbacks for new
construction, and measures as may be necessary as interim
'
temporary remedial action to protect property endangered due to
erosion so severe that non-structural responses are impractical
or ineffective. It is the Town's position that individual
,
property owners should bear the cost of site specific protection
measures and mitigation costs when such measures cause damages to
public beaches and down drift property owners.
'
97091up IV - 22 1

' IMPLEMENTATION STRATEGY
The Town will continue to enforce the C
and authorize permits consistent with the
and CAMA permit regulations as applicable.
AMA minor permit program
policy indicated above
' The Town will keep informed and support funding for the Dare
County storm protection project (beach nourishment).
9. Channel Maintenance
BACKGROUND
Waters are typically shallow surrounding the Town's municipal
borders. There is one public boat ramp area south of Dock Street
owned and maintained by the North Carolina Wildlife Resources
' Commission. This facility's potential is very limited due to the
shallow waters of Kitty Hawk Bay.
' The Town supports channel maintenance of navigable waters around
its shoreline.
A policy similar to the policy which follows was included in the
I 1993 Update and the strategies for its implementation — also
similar — were carried out by the Town.
POLICY
The Town supports channel maintenance activities in surrounding
waters: particularly at the Dock Street public boat ramp and
including partial local funding when necessary. It supports
Federal, State. and local efforts for navigational dredging
projects. The Town opposes permit denial for navigational
dredging projects if such denial is based on the presence of
submerged aquatic vegetation.
IMPLEMENTATION STRATEGY
The Town will lobby Federal and State agencies for channel
maintenance projects and support Dare County's similar efforts.
It will cooperate with Federal. State. and local governments to
allow appropriate spoil areas for dredging projects. The Town
will support efforts to make the Dock Street access a more usable
facility.
r]
1 97091up IV - 23

10. Outer Continental Shelf (OCS) I
BACKGROUND '
Historically, the Town has been opposed to any offshore
exploration for or production of oil or natural gas in the '
vicinity of the Outer Banks. Such activity would be incompatible
to the desires of the Town, its established tourist industry, its
fishing industry, and the preservation of natural and public
trust areas -- all particularly dependant upon uninterrupted
ocean and groundwater of the highest quality.
North Carolina Governor Jim Hunt signed an executive order in
November, 1997 enabling North Carolina to conduct a rigorous
review of Chevron USA's proposal to drill an exploratory oil or
natural gas well off the North Carolina coast. The order puts
into immediate effect the Coastal Resources Commission's energy '
policies which were amended in November, 1996 to improve the
State's ability to review exploration -proposals. Without the
Governor's order, the policies could not become effective until ,
August, 1998.
The State will review Chevron's proposal rigorously and ensure
the protection of North Carolina's .vitally important coastal
areas. Chevron has not submitted a formal drilling plan and a
schedule has not been published. Chevron wants to drill one
exploratory well, possibly in the year 2000. in either block 467
or block 510 of the Manteo Exploration Unit. The Manteo Unit is
about 40 miles northeast of Cape Hatteras. Block 467 is the same
block Mobil Oil proposed drilling in 1990. Block 510 is adjacent
to that block. The two -sites that Chevron is considering are
about 9.000 feet apart.
The Manteo Exploration Unit is in Federal waters. Chevron holds ,
active leases within that unit. Those leases give Chevron the
right to seek permits for drilling.
Concerning whether off shore oil and natural gas exploration ,
should be supported, 67.5% of survey respondents disagreed or
strongly.disagreed while only 21.5% agreed or strongly agreed.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were carried out by the Town.
POLICY
The Town is opposed to any offshore exploration for or production
of oil or natural gas in the vicinity of the Outer Banks. Such
activity would be incompatible with the Town. its established '
tourist industry, fishing industry, and the preservation of
97091up IV - 24 1

natural and public trust areas -- all particularly dependent upon
uninterrupted ocean and groundwater of the highest quality.
' IMPLEMENTATION STRATEGY
The Town will oppose any offshore exploration for energy sources
' through lobbying efforts and the adoption of local regulations as
necessary.
11. Energy Facilities
BACKGROUND ,
I Energy facilities other than electric power substations are
deemed to be not compatible with the Town. There is strong
public opinion that all utilities should be placed underground.
' Over 85% of survey respondents agreed or strongly disagreed that
new utilities should be placed underground, while 61.3% favored
relocating existing overhead utilities underground.
' The preferred method to fund relocation of overhead utilities was
grants. The second preference, as reflected by responses written
in, was "other." In most cases the response -written in was the
"power company or utilities." Contributions from effected
individuals was the third preference while the use of ad valorem
' taxes was least preferred. Of those choosing to respond to the
question concerning whether placement of new utilities lines
underground or relocation of existing overhead utility lines
should be supported by higher taxes and/or high utilities bills,
64.6% disagreed or strongly disagreed while 18.0% agreed or
strongly agreed.
I
97091up
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were partially carried out by the Town. The Town
recently adopted regulations to require underground utilities for
new construction and substantial improvements to existing
structures.
POLICY
The Town opposes the placement of public and multi -service energy
facilities other than carefully planned substations within Town
borders and supports the placement of utility lines underground.
IMPLEMENTATION STRATEGY
The Town will oppose the siting of public and multi -service
energy facilities in the Town with the exception of carefully
planned substations through lobbying efforts and the adoption of
local regulations as necessary. It will enforce the underground
utilities ordinance for new construction and substantial
IV - 25

improvements to existing structures. Alternative energy
facilities that commonly serve individual dwellings and
structures will be reviewed on a case by case basis.
12. Tourism
BACKGROUND
Tourism is recognized as the backbone of the Kill Devil Hills
economy. As the year-round population continues to grow, the
seasonal population surge becomes greater each year. A service
economy has also developed and a number of community leaders have
begun a program to sponsor "season extender" special events that
are scheduled just prior to or shortly after the traditional
tourist season. These events help keep the service economy
operational for a month or two longer. Support for tourism
continues to be strong in Kill Devil Hills.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were partially carried out by the Town. The Town
did not submit a resolution to legislators supporting tourism as
an industry.
POLICY
The Town supports tourism and its recognition as an industry.
The Town supports measures that promote and enhance its public
image.
IMPLEMENTATION STRATEGY
The Town will take necessary steps to ensure that it will
continue to be an attractive tourist destination. It will work
with public and private entities to promote better public
relations through training and community awareness campaigns.
13. Beach Accesses
BACKGROUND
Surveyed respondents were also asked to indicate their opinion
about the expenditure of public funds to provide public shoreline
access facilities. Support was given for use of public funds to
develop and maintain shoreline access within Town. See Map 7.
Concerning the use of local funds to construct ocean beach
accesses, 46.6% of survey respondents agreed, or strongly agreed,
while 23.9% disagreed or strongly disagreed with this method of
funding.
Concerning the use of local funds to construct sound accesses,
44.9% agreed or strongly agreed while 23.7% disagreed or strongly
97091 up IV - 26

disagreed. Similarly. 44.3% of respondents agreed or strongly
agreed (as opposed to 23.8% who disagreed or strongly disagreed)
that the Town should purchase/acquire soundside property for
public access to the sound.
'
Some residents believe that more regulation of the use of certain
beach accesses needs to be studied and that placement of beach
access facilities needs to be studied. particularly with regard
'
to placing them in the center of Town versus each end of Town.
Concerning when dogs on leashes should be allowed on the beach
the following opinions were expressed: 18.5% were of the opinion
that dogs on leashes should be allowed on the beach at all times
while 69.7% said no; 61.0% were in favor of dogs on leashes on
the beach from September 15 through May 15 while 24.4% said no:
and. 39.1% of respondents had the. opinion that dogs on leashes on
the beach after 5:00 p.m. was acceptable while 43.7% said no.
'
A question concerning beach vending resulted in 79.0% disagreeing
or strongly disagreeing that vendors should be allowed on the
beach.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were carried out by the Town.
POLICY
The Town supports the provision of access to the shores for
residents and visitors of Kill Devil Hills.
IMPLEMENTATION STRATEGY
The Town will continue to implement the Shoreline Access Plan and
fund improvements through Town funds and grants when feasible.
The Town will implement its Shoreline Access Plan update 1997-98.
14. Basin-wide,Watershed Planning
BACKGROUND
Generally. such plans primarily involve environmental quality of
watershed basins with respect to:
• the human environment;
'
• waste disposal: and.
• water quality.
I97091up IV - 27

97091up
15.
A policy similar to the policy which follows was included in the
1993 Update and the strategies for its implementation — also
similar — were carried out by the Town.
POLICY
The Town supports the concept of basin -wide watershed planning
but reserves the right to comment on implementation measures that
may result from such studies.
IMPLEMENTATION STRATEGY
The Town will review the basin -wide watershed studies and comment
as appropriate.
Recycling
BACKGROUND
N.C. Senate Bill 111. enacted in 1989, requires -at least 25% of
the total waste stream to be recycled by January 1, 1993. In
March of 1990. Kill Devil Hills became the first beach
municipality to institute a voluntary recycling program.
A policy similar to the policy which follows wasA ncluded in the
1993 Update and the strategies for its implementation — also
similar — were not carried out by the Town.
POLICY
The Town supports the current system of a centralized drop-off
center and study of curbside recycling.
IMPLEMENTATION STRATEGY
The Town will continue to provide a centralized drop-off center.
The Town will study the implementation of a program of voluntary
curbside recycling, which may include the purchase of equipment
and promotional tools.
16. Consolidation
BACKGROUND
Community survey results indicate strong support (83.3%) for the
consolidation of services that are economically feasible.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were carried out by the Town.
IV - 28

1
POLICY
The Town supports consolidation of services through interlocal
' agreements and contracts when services can be provided more cost
efficiently through such agreements.
' IMPLEMENTATION STRATEGY
The Town will work with neighboring localities to consolidate
services as opportunities present themselves.
17. Water Facilities
BACKGROUND
See Chapter III, Section B.. part 10., item b., on, page III-22.
' Existing Water and Sewer Service Areas.
A policy identical to the policy which follows was included in
the 1993 Update but similar strategies for its implementation
1 were not carried out by the Town due to the transfer of the water
system (plants and sources) to Dare County.
POLICY
The Town supports the economical and efficient provision of
potable water to its citizens and the construction and
maintenance of facilities as necessary. It supports the
continued reliance on the Dare County Water Department for
providing water. The Town will work with Dare County to study
additional and alternative water sources.
IMPLEMENTATION STRATEGY
The Town will encourage the Dare County Water Department to
conduct an area -wide water needs study within the next five years
and will seek the support and cooperation of neighboring
'
localities in this effort.
18. Water Conservation
'
BACKGROUND
Increased public awareness concerning the value and limited
'
availability of water resources has prompted concern for water
conservation measures.
' A policy identical to the policy which follows was included in
the 1993 Update and similar strategies for its implementation
were carried out by the Town.
1 97091up IV - 29

POLICY '
The Town supports voluntary water conservation measures and the
concept of government incentives for retrofitting older '
structures to accomplish this goal.
IMPLEMENTATION STRATEGY '
The Town will continue to enforce the plumbing section of the
North Carolina Building Code. requiring water conserving fixtures
and devices. It will conduct public awareness and public
education campaigns through its Utility Department.
The water division of the Town's Utility Department will ,
investigate and recommend water efficient home standards.
The Town's Utility Department will use its newsletter to educate
citizens and visitors about water conservation. ,
19. Sewer Facilities
BACKGROUND ,
The majority of Kill Devil Hills utilized packaged septic
systems. However. there are two large wastewater treatment
'
facilities operating within the Town. See Chapter III. Section
B.. part 10.. item b.. on page III-22. Existing Water and Sewer
Service Areas.
'
Survey results indicate majority support (53.3%) for a municipal
sewage treatment plant.
,
A policy similar to the policy which follows was included in the
1993 Update and strategies for its implementation were not
- carried out by the Town.
'
POLICY
,
The Town supports the establishment of a community -wide
wastewater treatment facility within the Government and
Institutional zone without surface water discharge of effluent.
The Town supports periodic or regular inspections of private
'
septic systems.
IMPLEMENTATION STRATEGY
'
The Town will conduct an area -wide water and sewer needs study
within the next five years and will seek the support and
cooperation of neighboring localities in this effort. The Town
'
will encourage appropriate agencies to monitor and enforce
existing regulations governing sewerage treatment facilities.
The Town will work toward the elimination of existing point
,
source discharge pipes for wastewater.
,
97091up IV - 30

20. Signs
BACKGROUND
A revised sign ordinance was adopted on May 15, 1984. Portable
signs were prohibited due to concerns about visual clutter, sight
triangle blockage, and potential unsafe conditions during storms.
In 1991, regulations were eased to allow for use of portable
signs in times of emergency. Sign regulations differ between
'
beach localities and confusion often results.
Concerning the size requirements for signs, 52.4% of survey
respondents agreed or strongly agreed that the size requirements
are satisfactory. Similarly, concerning the appearance of signs.
51.7X-agreed or strongly agreed that .sign appearance is generally
satisfactory. Concerning regulations of -neon signs. 73.6% agreed
or strongly agreed that the Town should regulate these devices.
Support or opposition concerning the acceptability of sandwich
signs was even among respondents.
'
A policy identical to the policy which follows was included in
the.1993 Update and the strategies for its implementation were
not fully carried out by the Town. Annual meetings with the
'
business community were not held.
POLICY
The Town supports the regulation of signs through Chapter 21,
Zoning, of the Town Code.
IMPLEMENTATION STRATEGY
'
The Town will continue to enforce sign related regulations found
in Chapter 21 of the Town Code. The Town will work toward
developing regulations for neon signs and a uniform corridor
overlay district.
21. Transportation - Local Streets
' BACKGROUND
A Street Improvements Master Plan has been adopted by the Board
of Commissioners. The Plan provides contemporary guidelines for
street construction, roadbed preparation, drainage, and pavement
width to accommodate on -street parking. Survey results indicate
general support for road improvements although a Town -wide street
bond referendum has failed twice previously. Street improvements
have been made on a "pay as you go" basis, with the Town spending
ad valorem tax dollars since 1987.
' Concerning the expenditure of Town funds to pave unimproved
(undeveloped) streets. 35.9% disagreed or strongly disagreed,
' 97091up IV - 31

while 32.0% agreed or strongly agreed. Interestingly. when asked
'
for their opinion concerning the use of public funds to construct
or improve streets, 69,8% agreed or strongly agreed, while only
6.7% disagreed or strongly disagreed.
'
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were carried out by the Town.
'
POLICY
"pay
'
The.Town supports a as you go" policy for the construction
and improvements of streets as may be necessary to improve
traffic flow and drainage and accommodate new development. The
Town supports the concept of requiring those who generate the
demand to pay for the street improvements that may be necessary
to provide for safe traffic movement. The Town is not opposed to
the concept of alternative funding policies including special
'
assessments.
The Town supports the provision of paved shoulders and detached
'
bicycle trails for pedestrian and bicycle traffic in
predetermined areas.
IMPLEMENTATION STRATEGY
'
The Town will continue to implement and update the Street
Improvements Master Plan as adopted by the Board of
'
Commissioners. It will continue to enforce local street
construction specifications as set forth in the Town Code. It
will investigate alternative funding methods and policies.
,
22. Transportation - Interjurisdictional Roads
BACKGROUND
The Town and its neighbors have been unified and consistent with
respect to transportation system improvements requests. Three
'
main interjurisdictional roads traverse Kill Devil Hills. Each.
as discussed below. have been improved or are scheduled for
improvement by the North Carolina Department of Transportation.
'
• U.S. 158 (Croatan Highway) -- This system has been five -
lane from a point near the Wright Brothers Bridge to the
Midway intersection. The Washington -Baum Bridge over the
'
Roanoke Sound has been replaced with a four -lane
structure.
'
• NC 12 (Virginia Dare Trail) -- In 1991. this route was
widened and provided a four foot wide shoulder.
• SR 1217 (Colington Road) -- This route has been widened to
,
three lanes from U.S. 158 to Ocean Bay Boulevard in the
'
97091up IV - 32

vicinity of the Kill Devil Hills Administrative and Public
Works complex.
Concerning whether U.S. 158 (N. Croatan Highway) should be
widened to have a total of seven (7) lanes (3 northbound. 3
southbound, one center turn lane), 62.2% disagreed or strongly
' disagreed while 24.8 agreed or strongly agreed.
Concerning the widening of U.S. 158 (N. Croatan Highway) to six
(6) lanes and a divided, limited access, landscaped median. 27.3%
1 agreed or strongly agreed, while 59.1% disagreed or strongly
disagreed.
Concerning whether milemarkers should be painted on the road
surface of U.S. 158 (N. Croatan Highway), 46.1% agreed or
strongly agreed while 32.6% disagreed or strongly disagreed.
'
A policy similar to the policy which follows was included in the
1993 Update and the strategies for its implementation — also
similar — were carried out by the Town.
'
POLICY
The Town supports the 1995 Outer Banks Thoroughfare Plan, but
'
reserves the right to comment on specific elements prior to its
implementation.
'
The Town supports the expeditious completion of the following
interjurisdictional road improvement projects by the North
Carolina Department of Transportation:
'
0 Projects to drainage
necessary mitigate problems and
provide pedestrian and bicycle amenities along NC 12.
• Replace all wire and pole signals with mast arm signals.
• Projects necessary to improve the entire SR 1217 corridor
'
including bridge replacements and widening to facilitate
bicycle traffic.
'
• Four-laning of U.S. 64 from Raleigh to the coast.
• Construction of "Gateway to Midway Bridge" across Croatan
'
Sound.
• Resurfacing/safe redesign/reconstruction of U.S. 158.
IMPLEMENTATION STRATEGY
' The Town will forward comments, letters, and resolutions in
conjunction with other area localities in a unified effort to the
North Carolina Department of Transportation and will attend and
' 97091 up IV - 33

speak at public hearings as necessary -- such as the annual
Transportation Improvements Plan meeting --concerning the State's
First District Annual Transportation Improvement Plans.
23. Regulation of Short Term Rentals
BACKGROUND
Identified as an issue by citizens and planners, problems from
noise, parking, and overcrowding continue throughout the rental
season and present a challenge to the Town's enforcement and
regulatory staff. The Town has regulations regarding noise and
parking.
A policy identical to the policy which follows was included in
the 1993 Update but the strategies for its implementation — also
identical — were not fully carried out by the Town. No code of
conduct for renters was.developed and displayed in rental units
and public places.
POLICY
The Town supports the vigorous enforcement of rules and
regulations mitigating the adverse effects of problems associated
with short term rentals.
IMPLEMENTATION STRATEGY
The Town will continue to enforce existing rules and regulations.
The Town will define short term rentals, analyze existing
regulations that apply, and examine the need for additional
regulations. The Town Planning Board will work with the Board of
Realtors. Chamber of Commerce, and Tourism Board to develop a
code of conduct to be displayed in rental units and at various
public places.
24. Recreation
BACKGROUND
The Town has adopted and is implementing the Town of Kill Devil
Hills Recreation Facilities Plan Update, 1997. A capital reserve
fund for recreation and recreational facilities continues to be
budgeted.
In recent years, Recreational Facilities Plan has been
implemented. Similarly, the Dare County Family Recreation Park
along Mustian Drive was completed by Dare County in 1997.
Concerning recreational uses at Fresh Pond. 46.0% agreed or
strongly agreed that fishing and passive recreation should be
allowed at the site. Only 18.1% of respondents disagreed or
strongly disagreed.
97091up IV - 34

F,
' Concerning the use of public funds to construct parks and
recreation facilities. 56.2% agreed or strongly agreed while only
15.6% disagreed or strongly disagreed with this concept.
Concerning the use of admission fees to construct and maintain
such facilities. 38.5% agreed or.strongly agreed while 36.4%
disagreed or strongly disagreed.
' Respondents overwhelmingly preferred (69.4%) the use of other
funds such as grants or donations to construct parks and
recreational facilities. Only 5.4% disagreed or strongly
' disagreed with the use of these funding sources.
A policy identical to the policy which follows was included in
' the 1993 Update and similar strategies for its implementation
were carried out by the Town.
Ci
POLICY
The Town supports the provision of adequate, accessible, and
well -maintained public recreational facilities geared toward
children and the year-round population. It also supports
organized recreational activities.
IMPLEMENTATION STRATEGY
The Town will continue to implement the Recreational Facilities
Plan utilizing public funds.
25. Community Appearance
BACKGROUND
The Planning Board continues to serve as the de -facto Community
Appearance Committee. Planning Board members, and professional
staff have discussed the need for more action regarding roadside
and beach litter. Programs such as "Adopt -a -Street" or "Adopt -a -
Beach" and Trash Attack! have been implemented.
A policy identical to the policy which
the 1993 Update but the strategies for
not fully carried out by the Town as it
Community Appearance Committee nor did
containers at beach accesses.
POLICY
follows was included in
its implementation were
did pot appoint a
it locate recycling
' The Planning Board will continue to serve as the Community
Appearance Committee. The Committee would select recipients of
Community Appearance Awards and advise the Board on methods by
' which the community's appearance might be improved including
studies and recommendations as may be necessary to address the
problem of litter on beaches and along roads.
' 97091up IV - 35

IMPLEMENTATION STRATEGY I
The Town will promote.the "Adopt -a -Beach" program and Trash '
Attack! and educate.the public through local media concerning
community appearance needs. The Town will consider locating
recycling containers at beach accesses and the installation of '
roadside litter receptacles.
26. Annexation
'
BACKGROUND
Survey results indicate slight support for the institution of
extraterritorial planning jurisdiction in the Colington Island
'
_ and Baum Bay areas but less support for extension of
extraterritorial jurisdiction off shore as provided for in
Article 19. Section 160A-360 of the North Carolina Administrative
,
Code. Of those choosing to give an opinion concerning extension
of Town extraterritorial jurisdiction into the Colington Island
and Baum Bay areas. 39.7% agreed or strongly agreed with this
'
- notion while 28.7% disagreed or strongly disagreed. Of those
choosing to give an opinion concerning extension of Town
extraterritorial jurisdiction offshore. 41.0% disagreed or
strongly disagreed while 17.0% agreed or strongly agreed.
'
In 1990. an administrative staff's cost -benefit study indicated
that annexation was not cost beneficial to the Town.
'
Dare County implemented a zoning plan for the Colington area
:- A policy identical to the policy which follows was included in
'
the 1993 Update but the strategies for its implementation were
not fully carried out by the Town since Dare County developed a
zoning plan for the Colington area. thus eliminating the need for
'
the Town to similarly intervene.
POLICY
The Town supports the regulation of land uses of unincorporated
t
land within one mile of the Town's jurisdictional limit and is
not opposed to participating in friendly annexations if favorable
to the Town.
'
IMPLEMENTATION STRATEGY
'
The Town will consider beneficial annexations.
The Town will require proof of jurisdictional location for ,
parcels proposed for development prior to consideration.
97091up IV - 36 1

1
r27.
Historic Preservation
BACKGROUND
rThere
are few structures in Kill Devil Hills that qualify for
nomination to the National Register of Historic Structures. This
is due to storms and hurricanes and the fact that most
construction and development is relatively new (the Town has only
been incorporated for 44 years). However. the Town is committed
to the identification of those few structures that may qualify
'
for historic status.
Some public support has been voiced from a multi -jurisdictional
landscaping project along U.S. 158 in conjunction with the 2003
celebration commemorating the Wright Brothers' historic first
flight. Also, the Town asked neighboring jurisdictions for input
and support concerning a uniform historical corridor or district
'
along U.S. 158.
When asked whether the Town should study and establish a
historical district in conjunction with the upcoming (2003)
celebration of the 100th anniversary of the Wright Brothers' first
flight, 51.0% of survey respondents agreed or strongly agreed,
while 21.5% disagreed or strongly disagreed.
rA
policy identical to the policy which follows was included in
the 1993 Update but the strategies for its implementation were
not carried out by the Town as it did not appoint a Historic
r
Preservation Committee.
'
POLICY
The Town favors the identification of historic structures and the
establishment of a Historic Preservation Committee to help
identify such structures -- paying particular attention to the
original Coast Guard Station.
r
IMPLEMENTATION STRATEGY
The Town will appoint a Planning Board Historic Preservation Sub-
committee — inviting citizen participation and membership —
within the next five years and charge it with the identification
'
of historic structures in Kill Devil Hills which will lead to
registration.
r28. Housing Mix
BACKGROUND
' Since 1980, the Town has followed a plan that reserves the bulk
of available land in Kill Devil Hills for detached single family
I97091 up IV - 37

residential structures. From 1983-1985. a comprehensive rezoning
master plan was implemented. In November 1991. the zoning text
was modified to complete this effort. The Town's Zoning Map was
amended to reflect a three-tier format of land use. with the
majority of the land use west of U.S. 158 (Croatan Highway)
placed in the Town's most restrictive residential class. Multi-
family development west of U.S. 158 is a conditional use and is
not encouraged. Those areas zoned for Business uses between NC
12 and U.S. 158 are also suitable for multi -family residential
development. Land use east of NC 12 has been identified as
subject to ocean overwash. storm surge, and shoreline migration
and is subject to a number of special restrictions such as
reduced densities. height restrictions. and a reduction of
permitted uses as indicated in the text of the recently adopted
Ocean Impact Residential Zoning District. The 3rd Street and
Ocean Bay Boulevard corridor serves to break up the established
commercial district and provides a scenic vista corridor for the
-- Wright Brothers Memorial.Monument.
Concerning local government involvement in promoting affordable
housing. 55.5% of respondents disagreed or strongly disagreed
that such involvement is needed while 54.1% agreed or strongly
agreed that private interests should be involved in this regard.
Concerning additional multi-family/condominium development in
Town. 62.4% agreed or strongly agreed that such development
should be prohibited west of U.S. 158 (Croatan Highway).
A policy identical to the policy which follows was included in
the 1993 Update but the strategies for its implementation were
not fully carried out by the Town as it did not create a
residential only zoning district and a village commercial zoning
district.
POLICY
The Town will continue its three-tier approach to land use and
housing mix, with land use west of U.S. 158 reserved primarily
for detached single family residential use, restrictive zoning
guidelines for land use east of NC 12 and highest and best use
zoning districts between the two highways at the North and South
ends of the Town.
IMPLEMENTATION STRATEGY
The Town will continue to staff a full-time Planning and
Development Department with personnel capable of enforcing land
use and building regulations. The Town will continue to evaluate
the applicability of the three-tier approach and study changes as
necessary. The Town will consider the creation of a residential
only zoning district. a resort -residential only zoning district
(allowing short term rentals). and a village commercial zoning
district within the next five years.
0
97091 up IV - 38 1

1
29. Building Heights
' BACKGROUND
In 1982. the Board of.Commissioners adopted a construction
moratorium on buildings in excess of 35 feet. The prevailing
opinion was that the Town should endeavor to preserve a low
profile skyline, especially along the oceanfront. As a result, a
compromise set of regulations was drafted and adopted that limit
building heights on the oceanfront and in the residential
districts to 42 feet, with no habitable space above 35 feet. The
remaining 7 feet are reserved for roofline design and attic
space. A 50 foot building height limit continues to remain in
effect in the commercial zoning districts. Survey results
indicate strong support (80.5%) for current building heights
limitations.
The following graphs reflect opinions received concerning the
placement of multiple storied structures in various Town areas.
LI
1 97091up IV - 39

100
80
M.
0 50
a
m
a)
a
4J --
a
40
a
�o
0
1. BUILDINGS OF 5 OR MORE STORIES SHOULD BE ALLOWED IN:
Oceantront Area Commercial Zone* Residential Area** Light Industrial Area***
I
Geographical Areas
EM
YES NO 0 NO OPINION
* Between U.S. 158 and NC 12
** West of U.S. 158
*** West of U.S. 158
97091up IV - 40

97091up
Between U.S. 158 and NC 12
West of U.S. 158
West of U.S. 158
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation — also
identical — were carried out by the Town.
POLICY
The Town supports the maintenance of its traditional low -profile
image and skyline by limiting oceanfront and residential district
building heights to not more than 42 total feet. A maximum
building height of 50 feet in the commercial and light industrial
zoning districts is also supported.
IV - 41

IMPLEMENTATION STRATEGY
The Town will continue to enforce Chapter 21, Zoning, of the Town
Code.
30. Health
BACKGROUND
A regional medical center in Kitty Hawk and an urgent care
facility in Nags Head. Support for a full service hospital
continues. A certificate of need has been approved and interest
is increasing for a hospital in Dare County.
Respondents (78,8%) overwhelming agreed or strongly agreed that
access to quality medical .care is a major concern for Town (Outer
Banks) residents while only 5.5% disagreed or strongly disagreed
with the statement.
A policy similar to the policy which follows was included in the
1993 Update and the strategies for its implementation — also
similar — were carried out by the Town.
POLICY
The Town supports the continued provision of quality, affordable
health care and the construction of a full service hospital in
Dare County.
IMPLEMENTATION STRATEGY
The Town will continue to lobby for the modification of the area
wide health services plan to include Dare County as a candidate
for a hospital.
31. Education
BACKGROUND
Two new schools, First Flight Elementary and First Flight Middle
School opened in the 1991-92 school year. Both are located on
the Baum Tract. Dare County continues to plan for a new high
school on the beach, specifically the Baum Tract which is
supported by the Town.
A policy identical to the policy which follows was included in
the 1993 Update and the strategies for its implementation --
also identical -- were carried out by the Town.
POLICY
97091up IV - 42

The Town supports the construction of additional educational
facilities as may be necessary -- particularly a high school --
in Kill Devil Hills. on the Baum Tract.
'
IMPLEMENTATION STRATEGY
The Town will continue to support the construction of Dare County
'
school facilities on the Baum Tract.
32. Capital Improvement
BACKGROUND
'
One of the most important elements in any plan for a community
experiencing growth is a capital improvement plan. As population
increases, a greater demand for governmental services is created.
Those services are often costly items, and to meet the cost and
provide services, local governments must attempt to project what
'
the service demand (and cost) will be and make plans to meet the
increased.demand prior to the actual point in time when the
demand is a reality. In 1997. the Town developed its first
capital improvement plan although, as previously stated. Kill
Devil Hills has a history of budgeting for certain capital
expenditures.
'
A policy similar to the policy which follows was included in the
1993 Update and the strategies for its implementation were
carried out by the Town.
POLICY
'
The Town supports.the concept of capital improvement planning.
IMPLEMENTATION STRATEGY
The Town will amend its Capital Improvement Plan annually during
the planning period.
'
The Town will conduct annual capital planning workshops prior to
the budgeting process.
i33.
Growth
BACKGROUND
The development land in Currituck
of previously undeveloped
County may come to fruition and effect growth in Dare County and
Kill Devil Hills. The key for Kill Devil Hills is to keep land
values in line with other communities. The fact that the land in
Kill Devil Hills was platted long ago has predetermined
development patterns to a large degree. However, redevelopment
patterns must receive more attention.
1 97091up I IV - 43

Survey results indicate support for not increasing population
densities while the overall opinion of Town services is
satisfactory.
A policy similar to the policy which follows was included in the
1993 Update and the strategies for its implementation were
carried out by the Town.
POLICY
The Town supports current regulatory efforts to maintain a
moderate growth rate with a 2002-03 target permanent population
of approximately 6,100 persons and a target peak population of
approximately 48,000. It also supports government action to
promote redevelopment and to make the Town a more desirable place
to live and locate.
IMPLEMENTATION STRATEGY
The Town will continue to enforce existing regulations and
evaluate demographic information as it is supplied by county,
regional, State, and Federal agencies.
34. Adult Entertainment
BACKGROUND
Adult establishments include adult bookstores, adult motion
picture theaters, adult mini motion picture theaters, adult live
entertainment businesses, or some massage businesses. While the
First Amendment to the United States Constitution protects
certain rights with respect to the exercise of free speech,
studies in many communities have demonstrated that the
establishment of certain adult businesses located near
residential areas has a deleterious effect on both the business
and residential segments of the neighborhood, causing a
downgrading of property values. It has been further demonstrated
z_ that the establishment of some adult businesses often creates
problems for law enforcement agencies, by the very nature of
these businesses and the difficulty often experienced in trying
to determine if the operations are of a -legal nature. Further.
the Town of Kill Devil Hills has a long standing history and
reputation of being a family oriented beach resort community and
tourism being the overwhelming largest industry for the Town.
Concerning adult establishments. 79.8% disagreed or strongly
disagreed that the presence of such establishments would enhance
the vacation/resort attraction of the Town for vacationers. A
great majority of respondents (73.3%) agreed or strongly agreed
that the presence of such establishments would negatively
influence their decision to buy a vacation cottage or home in
Town, while 67.1% of respondents -agreed or strongly agreed that
H
97O91up IV - 44 1

the presence of such establishments would negatively influence
their decision to vacation in a resort area.
'
The policy and implementation strategies which follow represent
the first developed by the Town with respect to this land use
issue.
1
POLICY
The Town supports enhancements to and the preservation of its
family beach atmosphere and thus does not encourage the
construction, establishment, location, or operation of adult
establishments within its borders or jurisdiction. However, the
Town will permit those establishments in compliance with Town
Codes.
IMPLEMENTATION STRATEGY
The Town will continue to enforce Chapter 21. Zoning, of the Town
Code and amendments that minimize the impacts of adult
establishments on commercial and residential development and the
tourism industry. The Town will seek cooperative efforts among
Outer Banks localities to mitigate the impacts of such
developments.
35. Jet Skis and Personal Water Craft
BACKGROUND
The increase in the number of jet skis and personal water craft
in the waters surrounding the Town and the manner of use of such
'
craft by some operators has caused complaints and concerns to be
voiced to Town officials, indicating the need to study the
situation and the Town regulatory position.
'
Concerning the regulation of personal water craft use in the
ocean, 59.1% agreed or strongly agreed that additional regulation
is needed. With respect to their use in the sound, 62.2% of
those responding said additional regulation is needed.
The policy and implementation strategies which follow represent
'
the first developed by the Town with respect to this land use
issue.
POLICY
The Town supports the safe and regulated operation and use of jet
skis and personal water craft in its waters.
97091 up IV - 45

IMPLEMENTATION STRATEGY
The Town will continue to enforce Town Codes of the Town Code.
The Town will receive and respond as appropriate to complaints or
concerns voiced by residents and visitors concerning jet ski and
personal water craft use.
The Town will consider adopting regulations for the use of these
craft.
36. Insurance
BACKGROUND
In the wake of storm events in the early and mid 1990's,
insurance -companies have made purchasing insurance more expensive
and more difficult to obtain. Insurance pools are now common as
_... beach localities try to assist residents and property owners to
obtain insurance.
Concerning the issue of insurance availability, 86.4% agreed or
strongly agreed that the Town should seek State and Federal
assistance to help ensure the availability of insurance.
The policy and implementation strategies which follow represent
the first developed by the Town with respect to this land use
issue.
POLICY
The Town supports measures to provide continuous affordable
insurance for Outer Banks residents and property owners.
IMPLEMENTATION STRATEGY
The Town will lobby the State Insurance Commission and State
Legislature to seek help in guaranteeing that insurance is
affordable and available.
37. Vegetation Removal
BACKGROUND
Vegetation, particularly in coastal communities, is a valuable
resource. Vegetation serves to block wind, control erosion, slow
stormwater runoff, and thus slow down or mitigate the effects of
flooding.
Vegetation in coastal communities faces many obstacles including
a tough growing environment and removal or damage by development
concerns.
97091 up IV - 46

Concerning whether the Town should develop and implement
'
regulations to prohibit the removal of depletion of natural
vegetation. 77.8% of survey respondents agreed or strongly agreed
'
while only 9.2% disagreed or strongly disagreed.
The policy and implementation strategies which follow represent
the first developed by the Town with respect to this land use
'
issue.
POLICY
The Town supports retaining existing vegetation on lots and
parcels to the extent practicable. The Town supports regulations
to require preservation of existing vegetation.
'
IMPLEMENTATION STRATEGY
The Town will study regulations to require vegetative surveys and
the design of lots and location of buildings on lots to retain
existing vegetation as much as possible.
F. Public Education and Citizen Participation
BACKGROUND
Rule 0.215 - Public Participation. Subchapter 7B. of the North Carolina
Administrative Code(March 5. 1996) requires localities to:
'
...employ a variety of educational efforts and participation
techniques to assure that all segments of the community have a
full and adequate opportunity to be informed and to effectively
in decision -making.
participate planning
1 97091 up
The Board of Commissioners adopted a citizen participation plan
designed to give the public an opportunity to voice its views on all
required policy items throughout the 1997 Town of Kill Devil Land Use
Plan Update. Several public education and citizen participation
strategies were to be used by the Town to accomplish this objective and
thus fulfill legal requirements. The Town Planning Board was
designated as the principal local board responsible for supervision of
the 1997 Town of Kill Devil Hills Land Use Plan Update. The Public
Education and Citizen Participation Plan is included as APPENDIX 2.
Citizen participation in the planning process promotes public education
regarding land use issues, policy development, and regulatory
procedures. The Town proceeds from this premise, thereby furthering
public education on planning issues while obtaining citizen input in
developing land use plan policy statements and allowing for continued
public participation in the planning process. To ensure that all
economic. social. ethnic, and cultural view points are properly
considered in the updating process, the Town utilizes a variety of
public education and citizen participation strategies including public
IV - 47

opinion surveys, direct citizen participation, interest group
participation, and media participation.
'
At the beginning of the update process, the Town conducted workshops to
discuss land use issues, policies, and implementation strategies. One
such workshop, called VISION 2010. was held in November, 1996. In
'
addition to the Board of Commissioners. Planning Board, citizens, and
staff, State representatives and planning consultants were used to re-
examine each of the Town's land use policies and implementation
'
strategies. The Town also held a public meeting on April 1. 1997 at
which time citizens were asked to identify and rank issues as to their
determination of importance. In addition, exhibit boards containing
policy statements were displayed at Town Hall so that those coming to
the building to transact business could comment — in writing, on the
boards — concerning opinions and concerns.
'
" In July. 1997. the Town distributed a public opinion survey. Of the
7,000 surveys distributed, 1,500 (21.4%) were returned by the August
cutoff date. Although surveys received after the cutoff date were not
included in the percentages quoted in the previous issue areas'
BACKGROUND discussion, the staff of the Planning Department reviews
surveys received and is charting trends and opinions.
Concerning opportunities to participate in local/community affairs,
65.5% of survey respondents agreed or strongly agreed that citizens
have adequate opportunities to participate. Only 11.0% disagreed or
'
strongly disagreed..
POLICY
'
The Town of Kill Devil Hills encourages public participation in all
land use decisions and procedure development processes and encourages
citizen input via its boards, commissions, and agencies.
IMPLEMENTATION STRATEGY
'
The Town will continue to use advertisements in newspapers, radio
= public service announcements, and direct mailings to announce meetings
,7 _ and encourage participation by citizens, interest groups, news media,
- and other interested parties. Meeting notices will also be posted on
bulletin boards and information desks where appropriate. Efforts will
be made to attend civic club meetings and the like to further expose
the planning process to the public.
G. Natural Hazards Planning
'
1. Introduction
The Division of Coastal Management encourages local governments '
to focus on three phases of natural hazards planning. These
include storm hazard mitigation, post disaster recovery, and
evacuation plans. '
97091up

' The Town, in 1996. prepared a Storm Hazard Mitigation and Post
Disaster Reconstruction Plan to incorporate the required issue
areas and to accurately portray and set forth the duties and
' responsibilities of the Town, Dare County, and those agencies and
personnel called upon in time of emergency. The executive
summary from the plan is included as APPENDIX 3.
' 2. Storm Hazard Mitigation
BACKGROUND
Storm hazards are far more serious than commonly perceived. The
series of tornadoes which struck eastern North Carolina in March
of 1984 and publicity surrounding the devastation caused by
Hurricane Hugo in 1989 and Hurricane Andrew in 1992, have
increased awareness of the need for storm hazard mitigation and
' natural hazards planning.
There are numerous natural hazards and many are likely to occur
in Kill Devil Hills. These include:
• flooding and erosion:
• high winds (hurricanes and northeasters):
' 0 tornadoes: and,
• snow and ice storms.
Of particular importance to Outer Banks localities' land use
planning are storms and their resultant erosion, flooding, and
high winds. In order to effectively plan for such hazards, a
comprehensive approach is necessary.
Because of the proximity of the Atlantic Ocean and the Roanoke
Sound and the nature of the barrier island upon which Kill Devil
Hills is located, the occurrence of a major hurricane could
create a hazard zone that would encompass the entire community.
Depending upon the severity and nature of the storm striking Kill
Devil Hills, certain lower lying areas would be subject to
flooding initially with the higher areas containing development
remaining relatively safe except during the most severe of
storms.
' Development has been intense within the hazard zones of Kill
Devil Hills although most of it has occurred in the higher, less
' floodprone areas of the Town. As the Town's population and
reliance on tourism increases, there will be a greater demand for
intensifying water oriented land uses. Kill Devil Hills is in
the mainstream of intense coastal development pressures and it
should be anticipated that further development in and near hazard
areas will occur.
At the present time there are some mitigation policies in effect.
Kill Devil Hills has a zoning ordinance, building codes, and a
flood damage prevention ordinance. Other regulations include
1 97091up IV - 49

National Flood Insurance Program regulations and State and
Federal emergency management regulations. I
Currently, Kill Devil Hills permits development to occur in
hazard areas. Similarly, it is expected that development within '
the hazard areas will occur in the future. If development is to
occur in these areas it should be hazard -resistant. Where and
what kind of development should occur in Kill Devil Hills, and
how this development should be constructed so as to minimize '
damage in the event of a major storm are questions facing those
that formulate policies and regulations in the Town.
POLICY
The Town supports the implementation, as necessary, of its Storm '
Hazard Mitigation and Post Disaster Reconstruction Plan. It also
supports the continued enforcement of the Kill Devil Hills Flood
Damage Prevention Ordinance. the continued implementation of the
area -wide street address ordinance, and the establishment of a ,
post -disaster fund of state monies to supplement Federal disaster
relief aid to be allocated to North Carolina communities that
have been declared major disasters.
IMPLEMENTATION STRATEGY
The Town will continue to enforce existing ordinances and take ,
measures as necessary to enhance storm hazard mitigation efforts
including support of the Dare County Emergency Management Plan.
The Town will identify supplemental emergency powers that State '
statutes allow and seek the necessary authorization from the
state to exercise same. '
The Town will implement, as necessary, its Storm Hazard
Mitigation Post Disaster Reconstruction Plan.
3. Post -disaster Recovery ■
BACKGROUND
Clearly defined post -disaster recovery procedures will permit
Kill Devil Hills to deal with the aftermath of a storm in an
organized and efficient manner. ,
Post -disaster recovery encompasses three distinct reconstruction
periods. The emergency period is the reconstruction phase '
immediately after a storm. The emphasis is on restoring public
health and safety, assessing the nature and extent of storm
damage and qualifying for and obtaining Federal and State '
assistance. The restoration period is the weeks and months
following'a storm disaster. The emphasis during this period is
on restoring community facilities and utilities and essential
business so the municipality can return to normal activities.
97091up IV - 50 1

The replacement period is the period during which the community
is rebuilt. This period could last from months to years
depending on the nature and extent of the damages incurred.
'
POLICY
The Town supports the continued use of procedures currently in
place and the implementation, as necessary, of its Storm Hazard
Mitigation and Post Disaster Reconstruction Plan. It also
supports the Dare County Emergency Management Plan.
IMPLEMENTATION STRATEGY
The Town will implement, as necessary, its Storm Hazard
Mitigation and Post Disaster Reconstruction Plan.
4. Hurricane Evacuation
BACKGROUND
Difficulties can be anticipated should evacuation be necessary
during a period of peak population. The need for additional
improvements to the evacuation routes and bridges has been
identified. However, 51.0% of survey respondents disagreed that
plans for the evacuation of the island in the event of a major
storm during peak tourist season are adequate.
Dare County is required to evaluate the adequacy of evacuation
routes used in emergency situations. The routes should be
critically assessed for their efficient use. If the required
evacuation time exceeds the standard warning time as provided by
the National Weather Service, officials should consider adopting
policies which would improve the adequacy of the routes. This
'
step may involve coordination with the North Carolina Division of
Emergency Management (DEM) and the North Carolina Department of
Transportation (NCDOT).
' 97091up
With respect to evaluation plans. 59.0% of survey respondents
agreed or strongly agreed that plans for evacuation of the island
in the event of a major storm during peak tourist season are
adequate, while only 14.8% disagreed or strongly disagreed.
POLICY
The Town supports:
• annual awareness campaigns and evacuation exercises:
• bridge and road improvements as may be necessary to
increase traffic flow on evacuation routes:
IV - 51

• continuation of a full time Emergency Management
Coordinator and an annual update of the Dare County
Hurricane Evacuation Master Plan and Disaster Assessment
Team Personnel Roster;
• erection of evacuation route identification signs during
the hurricane season;
• a back-up evacuation shelter design feature to those new
public structures that may be built by the Town in the
future; and,
• implementation, as necessary, of its Storm Hazard
Mitigation and Post Disaster Reconstruction Plan.
IMPLEMENTATION STRATEGY
The Town will participate in Dare County evacuation drills and
damage assessment teams, support and lobby for improvements to
evacuation routes and bridges and review plans for new publicly
owned structures for the inclusion of back-up shelter features.
The Town will implement, as necessary, its Storm Hazard
Mitigation and Post Disaster Reconstruction Plan.
97091up IV - 52

V. LAND CLASSIFICATION SYSTEM
A. Introduction
As provided for in Subchapter 7B of the North Carolina Administrative
Code, March 6, 1996. a land classification system has been developed as
a means of assisting Kill Devil Hills in the implementation of land use
' policies adopted herein. Delineation of land classes on the land
classification map allows the Town to specify areas where certain
policies apply. The land classification system is intended to be
1 supported and complemented by zoning. subdivision and other.local
growth management tools and these local tools should be consistent with
the classification system as much as possible.
The land classification system provides a framework to be used by the
Town to identify the present and future use of all lands. As such, the
land classification system is a tool to help implement policies. The
designation of land classes allows the Town to illustrate its policy
statements as to where and to what density it wants growth to occur and
where it wants to conserve natural and cultural resources by guiding
growth.
SOURCE: North Carolina Administrative Code (03/06/96).
Land suitability constraints including physical limitations for
development, (hazard areas, soil limitations, water sources, etc.).
areas of environmental concern and fragile areas, and areas with
resource potential influenced the designation of areas in the land
classification system because development is and will. be impacted —
negated or accelerated — by such factors.
tB. Land Classifications
The land classification system can include seven basic classes and
j various subclasses. The basic classes include developed, urban
transition. limited transition, community. rural, rural with services,
and conservation. The Town has identified and mapped four classes of
' land uses. See MAP B. Chapter 21. Zoning of the Town Code and the
land classification system must complement each other and be used in
unison to guide growth and development in Kill Devil Hills. In the
paragraphs that follow, the development patterns in and those planned
(zoned) for various areas are discussed. The classes are described as
follows:
1. Developed
The purpose of developed class is to provide for continued
intensive development and redevelopment. Areas meeting the
intent of the developed classification are currently urban in
character where minimal undeveloped land remains and have in
place, or are scheduled for the timely provision of. the usual
' municipal or public services. Urban in character includes mixed
land uses such as residential. commercial. industrial.
institutional. and other uses at high to moderate densities.
97091up V - 1

Services include water, sewer, recreational facilities, streets
and roads, police and fire protection. In some instances an area
may not have all the traditional urban services in place, but if
it otherwise has a developed character and is scheduled for the
timely provision of these services, it still meets the intent of
the developed classification. Areas developed for predominantly
residential purposes meet the intent of this classification if
they exhibit:
,
• a density of 3 or more dwelling units per acre: or,
• a majority of lots of 15.000 square feet or less, which
t
are provided or scheduled to be provided with the
traditional urban services: and/or,
,
• permanent population densities are high and seasonal
populations may swell significantly.
Land in this classification provides the setting for the most
intensive levels of development in Kill Devil Hills. Most basic
public services are available in this class and permissible
housing densities and commercial uses are the most liberal
,
available in Kill Devil Hills.
2. Limited Transition '
The purpose of the limited transition class is to provide for
future urban development on lands that are suitable and that will '
be provided with the necessary urban services to support urban
development. Areas meeting the intent of this classification are
presently being developed for urban purposes or will be developed
in the next five to ten years to accommodate anticipated
population and urban growth. These areas are in, or will be in
an urban "transition" state of development going from lower
intensity uses to higher intensity uses and as such will,
eventually require urban services.
Areas classified limited transition will provide lands for urban
growth when lands in the developed class are not available. ,
-- Transition lands must be able to support urban development and be
served or readily served by urban services. Urban development
includes mixed land uses such as residential, commercial,
institutional. and other uses at moderate densities. Urban
services include water, sewer. streets and roads, police and fire
protection that will be made available at the time development '
occurs or soon thereafter.
The characteristics of this land make it suitable for future
development without the potential for the loss of irreplaceable
natural resources. In Kill Devil Hills. land in this class
include the Baum Tract, which is owned by the Town. Dare County,
Board of Education, the State and private interests.
97091up V - 2 1

'
3. Community
The purpose of the community class is to provide for clustered,
mixed land uses at low densities for housing. Areas meeting the
intent of the community class are presently developed at low
densities which are suitable for private septic tank use. These
areas are clustered residential land uses which provide housing
opportunities and a local social sense of "community." Municipal
type services such as fire protection and community water may be
available. The major characteristics which distinguishes
community with limited services from the developed and transition
classes is that services are not provided to stimulate intense
development, but rather to neutralize or avert health problems as
in the case of Ocean Acres, which is served by a municipal
wastewater treatment plant.
Lands in this classification provide for a mix of low density
housing and are generally not serviced by off -site wastewater
treatment plants. Single family residential lots of 12-15,000
square feet dominate this land class in Kill Devil Hills, with
housing densities limited to nine units per acre. This is an
existing condition caused by the presence of lots platted prior
to applicable regulations. Although developed past the rural
stage. this land class is generally limited in its ability to
1
sustain urban growth by the absence of wastewater treatment.
Generally, this classification applies in the Town's developed
residential areas including the oceanfront and the scenic area
for the Wright Brothers Memorial west of U.S. 158.
4. Conservation
'
The purpose of the conservation class is to provide for effective
long-term management and protection of significant, limited, or
irreplaceable areas. Management is needed due to the natural,
cultural, recreational, scenic or natural productive values of
both local and more than local concern. Areas meeting the intent
of this classification include:
• AEC's, including but not limited to public trust waters.
estuarine waters. coastal wetlands, etc. as identified in
15A NCAC 7H: and
• other similar lands, environmentally significant because
of their natural role in the integrity of the coastal
region and include, but are not limited to, bottom land
hardwoods, pocosins, swamp forest, areas that are or have
high probability of providing wildlife habitat, forest
lands that are essentially undeveloped, and lands which
otherwise contain significant productive, natural, scenic.
cultural, or recreational resources.
' 97091up V - 3

r s is designed to illustrate the natural,
, The conservation class g ral,
productive, scenic. cultural and recreational features of Kill
Devil Hills which make it a desirable place in which to live. '
work, and visit. As such the conservation class should be
applied to areas that because of their unique, productive.
limited, cultural, or.natural features, should either not be ,
developed at all (preserved), or if developed, done so in an
extremely limited and cautious fashion.
Lands in this classification have been identified as retaining
significant or irreplaceable natural resources. scenic vistas,
recreational sites, or cultural values to such a degree that
careful management practices are necessary to insure the long- 1
term viability of those resources. Only carefully planned and
managed development is recommended on lands in this class.
Generally, lands in this classification are found in the maritime
forest and the Wright Brothers National Historic Site.
Acceptable uses include but are not limited to recreation areas. '
residential uses.. and Town -owned or leased facilities.
SOURCES: Department of Planning and Development. Town of Kill
Devil Hills. North Carolina and 1993 Town of Kill Devil Hills
Land Use Plan.
I
97091 up V - 4 1

I
WORKSHOPS AND MEETINGS
1 Commencing with a planning workshop called VISION 2010 on November 7. 1996 and
continuing with the public opinion survey, citizen participation in the planning
1 process was encouraged throughout the development of the 1997 Town of Kill Devil
Hills Land Use Plan Update.
In March. 1997, the Board of Commissioners adopted the Public Education and
Citizen Participation Plan. As described in the Plan (See APPENDIX 2). round -table
discussions were held during regularly scheduled Planning Board meetings on the
1 first and third Tuesday of each month. Minutes of these meetings, public notices,
and media accounts relating to the development and adoption of the 1997 Update are
on file in the Town Administrative Offices.
The Town's Director of Planning and Development invited input and discussed
1 the land use plan update with other Outer Banks professional planners at quarterly,
area -wide planners' luncheons.
1
97091up WS&M - 1

'SOURCES CONSULTED
' 1993 Town of Kill Devil Hills Land Use Plan. Town of Kill Devil Hills, North
Carolina and William C. Overman Associates, P.C. Virginia Beach, Virginia
Kill Devil Hills Town Code, Chapter 19, Subdivision Regulations. Town of Kill
Devil Hills, North Carolina.
j Kill Devil Hills Town Code, Chapter 21. Zoning. Town of Kill Devil Hills,
North Carolina.
' Kill Devil Hills Town Code, Chapter 8; Flood Damage Prevention Ordinance.
Town of Kill Devil Hills, North Carolina.
' Town of Kill Devil Hills Stormwater Management Plan Update. 1988. Town of
Kill Devil Hills, North Carolina and William C. Overman Associates.. P.C.,
Virginia Beach, Virginia.
' Town of Kill Devil Hills 1990 Shoreline Access Plan Update. Town of Kill
Devil Hills, North Carolina.
11
h
li
I
I. 97091up
Town of Kill Devil Hills Recreational Facilities Plan._1997. Town of Kill
Devil Hills, North Carolina and William C. Overman Associates, P.C., Virginia
Beach, Virginia.
"Soil Survey of the Outer Banks." United States Department of Agriculture,
Soil Conservation Service. Washington. D.C.. 1979.
"Soil Survey of Dare County, North Carolina." United States Department of
Agriculture, Soil Conservation Service. Washington, D.C., 1992.
Dare County Carrying/Development Study Final Report. Booz-Allen and Hamilton.
Inc., Bethesda, Maryland, 1986.
Land Use Plan Update, Dare County. North Carolina. Dare County. North
Carolina.
Land Use Plan Kitty Hawk, North Carolina 1989. Town of Kitty Hawk, North
Carolina and William C. Overman Associates, P.C.. Virginia Beach, Virginia.
Town of Nags Head 1990 Land Use Plan. Town of Nags Head, North Carolina.
1990 Census of Population and Housing. U.S. Department of Commerce. Bureau of
the Census, Washington, D.C.
North Carolina Administrative Code (03/06/96).
North Carolina Office of State Planning.
SC-1

"The Impacts of Wastewater Disposal Practices on the Hydrogeology of North
Carolina Barrier Islands - Final Report." United States Environmental
Protection Agency with assistance from Applied Biology, Inc., 641 Dekalb
Industrial Way, Decatur. Georgia.
"Environmental Impact Statement'- North Carolina Barrier Islands Wastewater
Management." United States Environmental Protection Agency, Region IV 345
Courtland Street, N.E.. Atlanta. Georgia.
"Comprehensive Plan of Recommendations for Street Improvements in the Town of
Kill Devil Hills." Kill Devil Hills Citizen Advisory Committee. April, 1989.
"Buildout Study Outer Banks District." North Carolina Power January 11, 1988.
97091 up SC - 2

1
APPENDIX 1
1
.
PUBLIC EDUCATION AND CITIZEN PARTICIPATION PLAN
FOR USE IN PREPARING
THE
1997 TOWN OF KILL DEVIL HILLS LAND USE PLAN UPDATE
ADOPTED BY BOARD OF COMMISSIONERS
March 1997
Prepared By:
1
William C. Overman Associates. P.C.
'
March 18. 1997
' 97091up
Al - 1

INTRODUCTION I
Rule .0215-Public Participation, Subchapter 76, of the North Carolina ,
Administrative Code, March 5. 1996, (NCAC 03/05/96) requires localities to:
. . . employ a variety of educational efforts and participation techniques to '
assure that all segments of the community have a full and adequate opportunity
to participate in all stages of plan development. '
The public education and citizen participation plan is designed to give the
public an opportunity to voice its views on all required policy items throughout the '
1997 Town of Kill Devil Hills Land Use Plan Update (1997 Update). As described ,
herein, several public education and citizen participation strategies will be used
by the Town to accomplish this objective and thus fulfill legal requirements.
Educational efforts may include, but are not limited to newspaper articles,
public service announcements, and direct mail. Participatory techniques may
include, but are not limited to, neighborhood meetings, questionnaires, newsletters,
and presentations to civic, business, church and citizens' groups. To encourage
public participation at meetings, the public should be informed of each public ,
meeting in multiple ways, rather than relying only on a legal notice.
L�
97091 up Al - 2 '

I
IThe NCAC 03/06/96 requires "For all Land Use Plans, a concise Citizen
' Participation Plan shall be prepared and adopted by the local government at the
beginning of the planning process. The Citizen Participation Plan shall be included
' in the Land Use Plan. At a minimum, the plan shall include the following:
(1) A designation of the principal local board, agency, or department responsible
for preparing or updating the Land Use Plan.
(2) An explanation of the various means of soliciting public. participation such as
citizen surveys, questionnaires, informational brochures, and/or community
outreach.
' (3) A schedule of the various opportunities` for public information and
participation with specific dates.
1 (4) An explanation of how public will be notified of its opportunities for input."
' POLICY STATEMENT
1
The Town of Kill Devil Hills (Town) encourages public participation in all land
use decisions and procedure development processes and encourages citizen input via
1 its boards. commissions. and agencies.
INITIAL PUBLIC MEETING
97091up Al - 3

The NCAC 03/05/96 requires that a public meeting be conducted at the beginning
of the update process. During the meeting, the local government must discuss the
statements of local policy found in the current Land Use Plan and the effect of
those policies on the community. In addition, the local government explains the
process by which it will solicit the views of a wide cross-section of citizens in
the development of updated policy statements. A day -long, joint workshop, called
VISION 2010, was held on November 7. 1996 by the Board of Commissioners and Planning
Board to fulfill this requirement and accomplish these goals.
DESIGNATION OF PRINCIPAL LOCAL BOARD
The Town Planning Board is hereby designated as the principal local board
responsible for supervision of the 1997 Update.
PUBLIC EDUCATION AND CITIZEN PARTICIPATION STRATEGIES: SCHEDULE
Citizen participation in the planning process promotes public education
regarding land use issues, policy development, and regulatory procedures. The Town
will proceed from this premise, thereby furthering public education on planning
issues while obtaining citizen input in developing Land Use Plan policy statements
and allowing for continued public participation in the planning process. To ensure
that all economic, social, ethnic, and cultural view points are properly considered
in the updating process, the Town will utilize a variety of public education and
citizen participation strategies including:
97091up Al - 4

1. Kill Devil Hills Public Opinion Survey - The results of a public opinion
survey mailed to 7.500 residents and property owners in July, 1997 will
be recorded, analyzed, and considered in the review and development of
policies to be included in the 1997 Town of Kill Devil Hills Land Use
Plan Update.
2. Direct Citizen Participation - Commencing with -the public opinion survey,
continuing at a meeting to discuss the public education and citizen
participation plan held on November 7. 1996 and continuing further at
each subsequent Planning Board meeting, citizen participation will be
encouraged and time will be allocated as appropriate for round -table
discussions involving citizens, the planning board, and staff. Round-
table discussions will be held during regularly scheduled Planning Board
meetings held on the 1st and 3rd Tuesday of each month. The first of
such meetings, scheduled for April 1, 1997. will be a round -table
discussion on land use policy issues. Additional time will be allowed.
if needed, at the second meeting of the month.
1 97091up
Al - 5

3. Interest Group Participation - A number of interest groups will be
identified and invited to participate at the regularly scheduled Planning
Board round -table discussions. These include, but are not limited to the
following:
a. Albemarle Commission
b. Dare County Bar Association
C. Dare County Board of Realtors
d. Dare County - Outer Banks Jaycees
e. Dare County Restaurant Association
f. First Flight Lions Club
g. United States Department of the Interior, National Parks Service
h. North Carolina Nature Conservancy
i. Ocean Acres Civic Association
j. Outer Banks Chamber of Commerce
k. Outer Banks Hotel/Motel Association
1. Outer Banks Homebuilders Association
M. Outer Banks Kiwanis Club
n. Outer Banks Lioness Club
o. Outer Banks Senior Fellowship
p. Rotary Club
q. Virginia Dare Business and Professional Womens' Club
97091up Al - 6

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Planning Board members and staff will avail themselves of opportunities
to meet and interact with these organizations as invitations occur and.
schedules permit.
4. Media Participation - Local. regional. and state media will be invited to
participate in the 1997 Update and will be encouraged to attend public
hearings and round -table discussions. Media.. organizations include. but
are not limited to the following:
5
97091up
a. The Coastland Times
b. The Virginian Pilot/Ledger Star
C. The Daily Advance
d. Outer Banks Sentinel
e. WNHW Radio
f. WOBR Radio
g. WERX Radio
h. WVOD Radio
i. WAVY TV - Channel 10
j. WTKR TELEVISION - TV3
k. WVEC - TV Channel 13
1. WITN TV - Channel 7
Area Local Governments - Local governments and agencies will be invited
to participate in the 1997 Update and will be encouraged to attend public
Al-7

hearings and round -table discussions. These include, but are not limited
to the following:
a. Town of Kitty Hawk
b. Town of Nags Head
C. Town of Southern Shores
d. County of Dare
e. Dare County Board of Education
NOTIFICATION PROCEDURES & IMPLEMENTATION STRATEGY
Advertisements in newspapers, radio public service announcements, and direct
mailings will be used to announce meetings and encourage participation by citizens,
interest groups, news media, and other interested parties. Meeting notices will
also be posted on bulletin boards and information desks where appropriate. Efforts
will be made to attend civic club meetings and the like to further expose the
planning process to the public.
DOCUMENTATION
This plan, as adopted, including a listing of meetings and other applicable
documentation, survey results, and an assessment as to the effectiveness and
adequacy of the citizen participation effort will be included as a part of the 1997
Update.
97091up Al - 8

APPENDIX 2
1997 TOWN OF KILL DEVIL HILLS
PUBLIC OPINION SURVEY FORM AND RESPONSE PERCENTAGES
The preparation of this document was financed in part through a grant provided
by the North Carolina Coastal Management Program: through funds provided by the
Coastal Zone Management Act of 1972, as amended, which is administered by the Office
of Ocean and.Coastal Resource Management, National Oceanic and Atmospheric
Administration.
97091up
A2 - 1

TOWN OF KILL DEVIL HILLS
Public Opinion Survey
COMMUNITY ISSUES: Examines Issues of community Importance. Your Input will assist In formulating and directing
policy -making over the next 5 years. Circle the response that best describes Your attitude. Do not mark If you have no
opinion on the subject.
STRONGLY
STRONGLY
DISAGREE
AGREE
A. GENERAL
1
2
3
4 5
1.
My overall opinion of the Town services of Kill Devil Hills is satisfactory
2.1
2.9
29.6
42.7 22.8
2.
Citizens have adequate opportunities to participate in local/community affairs
3.2
7.8
32.5
38.4 18.1
3.
Local government should be involved in promotion of affordable housing
38.2
17.3
19.9
12.3 12.3
4.
Private interests should be involved in the promotion of affordable housing
14.4
8.3
23.1
24.9 29.2
5.
Plans for evacuation of the island in the event of a major storm during peak
tourist -season are adequate
5.3
9.5
26.1
37.6 21.4
Comments on the adequacy of evacuation plans:
6.
Residential trash should be picked up by the Town once a week in the off
season (instead of the current two pickups) with the exception of holidays
18.0
5.8
10.5
22.3 43.4
7.
Beach municipalities should consolidate services when feasible
2.1
2.2
12.5
25.7 57.6
8.
Vendors should be allowed on the ocean beach
71.3.
7.7
8.6
5.3 7.1
B. DEVELOPMENT
1.
The Town should become more residential, less commercial
4.1
3.5
23.8
19.7 48.9
2.
The Town should become more commercial, less residential
61.2
13.4
19.6
1.7 4.1
3.
The existing residential zone rules should be relaxed to allow greater densities
and a greater variety of uses
64.5
14.1
9.6
5.2 6.6
4.
The existing low density residential zone around Wright Brothers National
Memorial should be maintained
3.9
1.1
5.4
13.4 76.2
5.
Kill Devil Hills needs a convention center
47.9
12.4
19.9
8.1 11.8
6.
New utilities should be placed underground
3.3
1.7
9.4
19.6 66.0
7.
Existing overhead utilities should be relocated underground
9.9
6.1
22.7
18.7 42.6
8.
Relocation of overhead utilities should be funded by...
a. ad valorem taxes
39.8
7.6
25.5
16.1 11.0
b. contributions from affected Individuals
26.6
11.6
22.9
17.5 21.4
c. grants
9.1
2.5
19.3
26.2 42.9
d. other (specify)
12.5
3.2
19.3
12.2 52.7
9.
Greater setback requirements should be required for ocean front structures
5.6
4.1
18.1
22.7 49.5
10.
Fishing and passive recreation should be allowed at Fresh Pond
13.0
5.1
35.9
22.1 23.9
97091up A2 - 2

STRONGLY STRONGLY
DISAGREE AGREE
1 2 3 4 5
11. Private funds should be used to construct erosion control devices
'
(i.e., bulkheads, seawalls, breakwaters, artificial seaweed)
18.8 8.0 ' 20.4 18.3 34.5
a. Public funds should be used for structural responses such as
'
bulkheads, seawalls, breakwaters, or artificial seaweed
b. Public funds should be used for beach nourishment by pumping or
40.2 13.4 18.2 14.8 13.4
hauling in sand
30.9 10.5 19.2 19.5 19.8
c. Private funds should be used for beach nourishment by pumping or
'
hauling in sand
19.2 9.8 . 20.7 17.8 32.5
12. The size requirements for signs are satisfactory
4.8 5.8 37.0 28.3 24.1
13. Generally, the appearance of signs is satisfactory
5.5 7.7 35.0 32.4 19.3
14. Neon lights should be regulated in the Town
5.2 4.1 17.1 23.0 50.6
15. Portable (sandwich -board) signs are acceptable
26.1 12.6 34.2 17.0 10.1
16. The Town should seek State and Federal assistance to help ensure the
availability of wind insurance
2.8 0.9 9.9 24.2. 62.2
17. Additional regulation of privately owned personal water craft use in the ocean
'
is needed
12.0 8.3 20.6 19.9 39.2
18: Additional regulation of privately owned personal water craft in the sound
Is needed
10.9 7.4 19.6 19.6 42.6
19. The presence of adult entertainment establishments would enhance the
vacation/resort attraction of IGII Devil Hills for vacationers
71.8 8.0 8.2 4.9 7.1
'
20. The presence of adult entertainment establishments would negatively influence
my decision to buy a vacation cottage or home in IGII Devil Hills if I were in
the market to purchase one
10.8 5:0 10.9 10.1 63.2
21. The presence of adult entertainment establishments would negatively influence
my decision to vacation in a resort area
11.5 6.5 14.8 10.7 56.4
'
C. FUTURE PLANNING
1. U.S. 158 (N. Croatan Highway) should be widened to have a total of seven
(7)
lanes (3 northbound, 3 southbound, one center turn lane)
48.1 14.1 13.0 10.6 14.2
'
2. U.S. 158 (N. Croatan Highway) should be widened to have six (6) lanes
and a divided, limited access, landscaped median
44.8 14.3 13.7 12.4 14.9
3. Milemarkers should be painted on the road surface of U.S. 158
(N. Croatan Highway)
24.0 8.6 21.3 19.0 27.1
4. A municipal sewage treatment plant is needed
12.6 6.3 27.8 20.1 33.2
5. The Town should extend its extraterritorial jurisdiction into the Colington
Island and Baum Bay areas
20.3 8.4 31.6 17.5 22.2
6. The Town should extend its extraterritorial jurisdiction offshore
27.4 13.6 32.0 12.0 15.0
'
7. Additional multi-family/condominium development should be prohibited
West of U.S. 158 (N.Croatan Highway)
10.3 8.9 18.5 14.3 48.1
F
L
1 97091 up A2 - 3

8. Developers should pay impact fees for those services required by their
new development
9. Architectural and beautification standards for new and existing development
should be established
10. The Town should study and establish a historical district in conjunction
with the upcoming (2003) celebration of the 100th anniversary of the
Wright Brothers' first flight
11. Private redevelopment efforts should be encouraged to preserve or
continue the general residential building type or character
12. Off -shore oil and natural gas exploration should be supported
13. The Town should develop and implement regulations to prohibit the removal or
depletion of natural vegetation
14. Access to quality medical care is a major concern for Town (Outer Banks)
residents
STRONGLY STRONGLY '
DISAGREE AGREE
1 2 3 4 5
1.8 1.3 6.6 16.9 73.2
5.3 4.3 15.2 23.8 51.4
13.6 7.9 27.4 22.7 28.3
3.1 3.4 19.8 34.2 39.5
55.5 12.0 14.6 7.8 10.2
5.5 3.7 13.0 21.7 56.1
2.7 2.8 15.7 23.4 55.4
Currently, the Planning and Inspections, Tax and Finance (Central Cashier), Fire, and Police departments are located
along U.S. 158 at the 1634 N. Croatan Highway complex. The Town Manager's Office and Public Services Departments
are located on the Baum Tract along Veteran's Drive and Colington Road.
15. The Town's government offices should all be located on the Baum Tract along
Veteran's Drive and Colington Road 24.8 11.7 30.1 11.4 22.0
16. The Town's government offices should be all located along U.S. 58 at the 1634
N. Croatan Highway complex 37.8 17.9 30.2 4.4 9.6
17. The Town's government offices should continue to be located where they are -
some at 1634 N. Croatan Highway and some on the Baum Tract along
.Veteran's Drive and Colington Road 16.3 6.3 26.5 15.1 35.8
D. TAXES/PUBLIC FUNDS
1. Placement of new utility lines underground or relocation of existing overhead
utilitylines should be supported by higher taxes and/or higher utility bills
2. Local public funds should be used to construct ocean beach accesses
3. Local public funds should be used to construct public sound accesses
48.0 16.4 17.6 11.1 6.9 '
15.6 8.3 . 22.9 26.6 20.0
15.9 7.8 23.5 25.0 19.9 ,
4. Public funds should be used to construct or improve streets 4.0 2.7 18.7 35.1 34.7 ,
5. Public funds should be used to construct parks and recreational facilities 9.0 6.6 22.2 31.0 25.2
6. Admission fees should be used to construct and maintain parks and recreational ,
facilities 22.4 14.0 8.5 19.319.2
7. Other funds such as grants or donations should be used to construct parks '
and recreational facilities 3.0 2.4 16.1 29.8 39.6
8. Public funds should be used for stormwater drainage management projects
5.6 3.4 24.5 30.3 29.2 '
97091up A2 -4 1

' STRONGLY STRONGLY
DISAGREE AGREE
1 2 3 4 5
9. Public funds should be used to provide incentives to stimulate additional
economic development 29.3 16.2 25.5 11.1 8.1
10. The Town should spend public funds to pave unimproved (undeveloped)
streets 20.9 15.0 23.6 17.8 14.2
11. The Town should purchaselacquire soundside property for public access to
'
sound
15.4 8.4
22.8 22.6
21.7
il. SPECIAL ISSUES: Requests information related to specific issues. Circle your opinion -
M Yes. (N) No.
or (0) No
Opinion - for the given statements. Although some of the concepts may be complicated, please answer to the best of your
'
ability.
1. Buildings of 5 or more stories should be allowed in...
Y
N
O
a. ocean front area
10.7
86.7
2.6
b. commercial zone between U.S. 158 and NC 12
12.8
77.6
4.7
c. residential area (West of U.S. 158)
12.6
79.9
3.2
'
d. light industrial area (West of U.S. 158
18.3
71.5
5.5
2. Buildings of 5 or more stories on.a site that allows the remaining open space to be proportional with
the structure
should be allowed in the...
'
a. ocean front area
11.8
78.0
4.5
b. commercial zone between U.S. 158 and NC 12
12.3
74.9
6.3
c. residential area (West of U.S. 158)
10.2
78.3
5.1
d. light industrial area (Vilest of U.S. 158)
17.8
69.0
6.1
3. Existing height limitations in each zone should be maintained
80.5
5.4
6.8
4. Dogs on leashes should be allowed on the beach...
a. at all times
18.5
69.7.. _
2.3
b. from September 15 through May 15
61.0
24.4
4.2
c. after 5:00 p.m.
39.1
43.7
5.1
5. Vehicles should be allowed on the beach
'
from September 15 through May 15
56.3
37.0
3.2
Ill. DEMOGRAPHIC DATA: Provides information that enables us to understand the feelings of different groups of.citizens.
Please check the answer(s) that apply to you or your household.
1. Where is your primary residence?
'
a. 5.6 East of NC 12
b. 25.6 between the highways
c. 68.8 West of U.S. 158
d. 79.3 North of Colington Road
'
e. 20.7 South of Colington Road
f. 27.8 out of Town
g. Do you own other property in IGII Devil Hills? 49_yes 50.7 no
2. Which of the following best describes you? (Check all that apply)
a. 63.4 male
b. 36.6 female
'
c. 80.4 married
d. 19.6 unmarried (single, divorced, separated)
e. 26.1 have children (under 18) living at home
f. 73.9 have no children (under 18) living at home
I97091up A2 - 5

3. Please check your age group category.
a.
0.1 19 yrs or younger
b.
3.0 20-29
C.
9.9 30-39
d.
18.8 40-49
e.
26.3 50-59
f.
12.3 60-64
g.
28.6 65 and over
4. Which residence group best fits you?
a. _ year-round resident/homeowner of Kill Devil Hills (go to question 7)
b. year-round resident/renter of Kill Devil Hills (go to question 7)
C. _ live in Kill Devil Hills less than 6 months each year and own property
d. other (specify)
5. Where is your permanent residence?
a. 13.0 other city in North Carolina
b. 66.3 Virginia
C. 8.0 New York, New Jersey, or Pennsylvania
d. 12.7 other (specify state)
6. Which of the following lengths of time best describes how_ long you have lived in or owned property in Kill Devil
Hills?
a. 27.0 more than 20 years
b. 38.9 10 - 20 years
c. 21.35-1Oyears
d. 12.7 less than 5 years
7. Which category best describes your employment status?
a. 53.7 employed full time (please answer 8)
b. 2.2 seasonally employed (please answer 8)
C. 5.3 employed part-time all year (please answer 8)
d. 0.9 unemployed
e. 37.8 retired
8. Which category best describes your employment type?
a.
14.0 government/military
b.
8.2 education
C.
28.3 professionalAechnical
d.
5.6 construction
e.
7.5 sales/real estate
f.
3.6 housewife
g.
2.0 restaurant
h.
1.3 hotel/motel
ii.
9.3 other (specify)
9. Are there any other comments or suggestions you would like to make?
97091up A2 - 6

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W■ RATES RPMIIENT OG INttAM111
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n
TOWN OF
KILL DEVImL HILLS
DARE COUNTY, NORTH CAROLINA
GRAPHIC SCALE
600 0 600 1200
1 IN. = 600 FT.
SCALE IN FEET
MAP 2
ZONING
HAGYK BA Y
y'9Gl'/r'
I I a
I I
I1 re I I I I 77 I_71
ut••
DISTRICTS
C
G/I
MFED
OIR
Li-1
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RL
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THE PREPARATION OF THIS MAP WAS FINANCED IN PART THROUGH
A GRANT PROVIDED BY THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM, THROUGH FUNDS PROVIDED BY THE COASTAL ZONE
MANAGEMENT ACT OF 1972, AS AMENDED, WHICH IS ADMINISTERED
BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT,
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
THIS IS TO CERTIFY THAT THIS IS THE OFFICIAL ZONING MAP OF THE
TOWN OF KILL DEVIL HILLS, NORTH CAROLINA, AS REFERRED TO IN
ARTICLE II SECTION 21-4.2 OF THE ZONING ORDINANCE OF THE TOWN
OF KILL DEVIL HILLS.
MAYOR TOWN CLERK
LEGEND:
COMMERCIAL
GOVERNMENT .AND INSTITUTIONAL
MARITIME FOREST ENVIRONMENTAL DISTRICT
OCEAN IMPACT RESIDENTIAL DISTRICT
LIGHT INDUSTRIAL
LIGHT INDUSTRIAL ZONE II
RESIDENTIAL HIGH DENSITY
RESIDENTIAL LOW DENSITY
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GRAPHIC SCALE
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SCALE IN FEET
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THE PREPARATION OF THIS MAP WAS FINANCED IN PART THROUGH
A GRANT PROVIDED BY THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM, THROUGH FUNDS PROVIDED BY THE COASTAL ZONE
MANAGEMENT ACT OF 7972, AS AMENDED, WHICH IS ADMINISTERED
BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT,
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
LEGEND:
18"
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THE PREPARATION OF THIS MAP WAS FINANCED IN
A GRANT PROVIDED BY THE NORTH CAROLINA COA'.
PROGRAM, THROUGH FUNDS PROVIDED BY THE COA
MANAGEMENT ACT OF 1972, AS AMENDED, WHICH I
BY THE OFFICE OF OCEAN AND COASTAL RESOURC'
NAl10NAL OCEANIC AND ATMOSPHERIC ADMINISTRA'
•THIS+AS'NDIF!+AJJ-QFFICAL FLOOD INSURANCE RATE I
f, r,NB1S0aEBWITEflC,�7i_THEi[3FF%1ERAL EMERGENCY MANAGE
t i,,_ II b1Pr'. IF600D hN1811��E RATE MAPS, COMMUNITY � PAN
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LEGEND:
ZONE A NO BASE FLOOD ELEVATIONS DETERMINED
FLOOD ZONES ZONE AE BASE FLOOD ELEVATION DETERMINED
ZONE VE COASTAL FLOOD WITH VELOCITY HAZARD
(WAVE ACTIONS); BASE FLOOD ELEVATIONS
DETERMINED
ZONE X AREAS DETERMINED TO BE OUTSIDE
500—YEAR FLOOD PLAIN
UNDEVELOPED COASTAL BARRIERS
IDENTIFIED 1990
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SCALE IN FEET
MAP 5
SOIL TYPES
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LEGEND:
BnD
BEACHES—NEWHAN COMPLEX
CnA
CONOBY MUCK
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COROLLA FINE SAND
CrB
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CuA
CURRITUCK MUCKY PEAT
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DUCKSTON FINE SAND
.
DuE
DUNE LAND
DwE
DUNE LAND—NEWHAN COMPLEX
FrD
FRIPP FINE SAND
HoA
HOBONNY MUCK
NeC
NEWHAN FINE SAND
NhC
NEWHAN—COROLLA COMPLEX
NuC
NEWHAN—URBAN LAND COMPLEX
OsA
OSIER FINE SAND
OuB
OUSLEY FINE SAND
PsB
PSAMMENTO
THE PREPARATION OF THIS MAP WAS FINANCED IN PART THROUGH
A GRANT PROVIDED BY THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM, THROUGH FUNDS PROVIDED BY THE COASTAL ZONE
MANAGEMENT ACT OF 1972, AS AMENDED, WHICH IS ADMINISTERED
BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT,
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
THIS MAP WAS GENERATED FROM INFORMATION AND MAPS CONTAINED
IN "SOIL SURVEY OF DARE COUNTY, NORTH CAROLINA," UNITED STATES
DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE,
WASHINGTON, D.C., 1992, ON FILE IN THE TOWN OF KILL DEVIL HILLS
DEPARTMENT OF PLANNING AND DEVELOPMENT. THIS MAP GENERALLY
DEPICTS THE LOCATIONS OF THE VARIOUS SOIL TYPES FOUND IN THE
TOWN OF HILL DEVIL HILLS.
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MAP 6
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THE PREPARATION OF THIS MAP WAS FINANCED IN PART THROUGH
A GRANT PROVIDED BY THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM, THROUGH FUNDS PROVIDED BY THE COASTAL ZONE
MANAGEMENT ACT OF 1972, AS AMENDED, WHICH IS ADMINISTERED
BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT,
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
REPRESENTATION OF WETLANDS AND A.E.C.'S BASED ON AERIAL
PHOTOGRAPHIC INTERPRETATION AND NOT ON ACTUAL GROUND
SURVEY. CASE BY CASE, FIELD REVIEW NECESSARY FOR
DETERMINIATION OF ACTUAL WETLANDS AND WETLAND BOUNDARIES.
A.E.C.).
LEGEND:
OCEAN BEACHES A.E.C.
FRESH POND A.E.C./WS—III
MARITIME FOREST
WETLANDS
14—DIGIT HYDROLOGIC UNIT DESIGNATION. KILL DEVIL HILLS IS
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03010205230030 (ROANOKE SOUND, ATLANTIC OCEAN)
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VIEW: PLOT VLG/EHP
ATLANTIC
OCEAN
ATLANTIC OCEAN ATLANTIC OCEAN

9OZZA190 BA Y
TOWN OF
III
KlmLL DEVIL HILLS
ARE COUNTY, NORTH CAROLINA
GRAPHIC SCALE
600 0 600 1200
1 IN. = 600 FT.
SCALE IN FEET
MAP 7
lY AREAS OF ARCHAEOLOGICAL OR HISTORICAL SIGNIFICANCE/
i .moo o
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THE PREPARATION OF THIS MAP WAS FINANCED IN PART THROUGH
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PROGRAM, THROUGH FUNDS PROVIDED BY THE COASTAL ZONE
MANAGEMENT ACT OF 1972, AS AMENDED, WHICH IS ADMINISTERED
BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT,
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
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