Zoning Ordinance-1984

s
ZONING ORDINANCE
Town
of
kitty Ha%
KITTY HAWK.,
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Division of Coastal Management

•
ZONING ORDINANCE
KITTY HAWK, NORTH CAROLINA
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 Resources Management,
National Oceanic and Atmospheric Administration.
dr
1984
COASTAL RESOURCES COLLABORATIVE
Chapel Hill, North Carolina
•

D R A F T
Kitty Hawk Zoning
Ordinance
Page
I.
Introduction . . . .
. . . . . . .
5
II.
Definitions . . . . . .
. . . . . . . .
15
III.
Districts . . . . . . .
. . . . . . . .
29
A. Kitty Hawk Beach .
. . . . . . . .
29
B. Kitty Hawk Village .
. . . . . . . .
47
C. Kitty Hawk Woods . .
. . . . . . . .
65
IV.
Planned Unit Development
. . . . . . . .
67
V.
General Provisions . . .
. . . . . . . .
84
VI.
Non -Conformities . . . .
. . . . . . . .
123
VII.
Interpretation . . . . .
. . . . . . . .
132
VIII.
Administration and Enforcement
. . . . .
133
IX.
Appeals and Variances .
. . . . . . . .
144
X.
Amendments . . . . . . .
. . . . . . . .
151
XI.
Legal Status . . . . . .
. . . . . . . .
153
C�
1

D R A F T
•
Table of Contents
Kitty Hawk Zoning Ordinance
Page
I. Introduction . . . . . . . . . . . . . . . .
5
1.01
Title and Enactment . . . . . . . . .
5
1.02
Short title . . . . . . . . . . . . .
5
1.03
Purpose . . . . . . . . . . . . . . .
6
1.04
Use, Occupancy, and Construction
Height, Bulk, Density, Lot Coverage,
Yards and Open Spaces . . . . . .
7
1.05
Building Permit Required . . . . . .
7
1.06
Health Department Approval . . . . .
11
1.07
Certificate of Occupancy Required . .
11
1.08
Territorial Application . . . . . . .
12
1.09
1.10
Official Zoning Map . . . . . . . . .
Rules Governing Interpretation of
12
District Boundaries . . . . . . .
13
II. Definitions . . . . . . . . . . . . . . .
15
2.01 Interpretation of Common Words and
Terms . . . . . . . . . . . . . 15
2.02 Definition of Specific Words and
Terms . . . . . . . . . . . . 16
III. Districts . . . . . . . . . . . . . . . . 29
3.01
Kitty Hawk Beach
. .
.
. .
.
.
.
.
29
A. BR-1 . . . .
. .
.
. .
.
.
.
.
29
B. BR-2 . . . .
. .
.
. .
.
.
.
.
31
Co BR-6 . . . .
. .
.
. .
.
.
.
.
34
D. BC-2 . . . .
. .
.
. .
.
.
.
.
37
E. BC-3 . . . .
. .
.
. .
.
.
.
.
43
3.02
Kitty Hawk Village
.
.
. .
.
.
.
.
47
A. VR-1 . . . .
. .
.
. .
.
.
.
.
47
B. VR-2 . . . .
. .
.
. .
.
.
.
.
49
Co VR-3 . . . .
. .
.
. .
.
.
.
.
52
D. VC-1 . . . .
. .
.
. .
.
.
.
.
55
E. VC-3 . . . .
. .
.
. .
.
.
.
.
59
F. VI . . . . .
. .
.
. .
.
.
.
.
63
3.03
Kitty Hawk Woods
. .
.
. .
.
.
.
.
65
A. WR . . . . .
. .
.
. .
.
.
.
.
65
IV. Planned
Unit Development
. .
.
. .
.
.
.
.
67
4.01
Planned Unit Development
.
.
.
.
.
67
2

•
0
•
D R A F T
Table of Contents
Kitty Hawk Zoning Ordinance
Page
V. General Provisions . . . . . . . . . . . . 84
5.01 Reduction of Lots or Areas
Below Minimum
84
5.02
Classification of Added Territory .
84
5.03
One Principal Building on Any Lot .
84
5.04
Lot Access Requirements . . . . . .
84
5.05
Vision Clearance at Intersections .
85
5.06
Walls and Fences . . . . . . . . .
86
5.07
Reduction of Front Yard Setback
Requirements . . . . . . . . . .
86
5.08
Off -Street Parking . . . . . . . .
86
5.09
Water Supply and Sewage Disposal
99
5.10
Mobile Homes, Trailers and Campers.
110
5.11
Signs and Outdoor Advertising
Structures . . . . . . . . . .
112
5.12
Outdoor Lighting . . . . . . . . .
121
5.13
Parking, Storage, or Use of Major
Recreational Equipment . . .
121
5.14
Temporary Uses . . . . . . .
122
5.15
Access to U.S. Highway 158 By -Pass
and U.S. Highway 158 Business .
122
VI. Non -Conformities o
123
6.01
Intent
123
6.02
Regulation of Non -Conformities
124
VII. Interpretation . . . . . . . . . . . . . . 132
7.01 Interpretation, Purpose and
Conflict . . . . . . . . . . . . 132
7.02 Computation of Required Spaces 132
7.03 Structures Excluded from Height
Limitation . . . . . . . . . . . 132
VIII. Administration and Enforcement .
. . .
. .
133
8.01
Zoning Administrator . .
. . .
. .
133
8.02
Application for Building
Permit
for
Permitted Uses . . . .
134
8.03
Application for Building
Permit
for
Conditional Uses . . .
. . .
. .
140
8.04
Violation . . . . . . . .
. . .
. .
142
8.05
Penalty . . . . . . . . .
. . .
. .
142
8.06
Fees . . . . . . . . . .
. . .
. .
143.
3

D R A F T
Table of Contents
•
Kitty Hawk Zoning Ordinance
Page
IX. Appeals and Variances: Duties of
Zoning Administrator, Board of
Adjustment, Courts and Board of
Adjustment, Courts and Board of
Commissionsers to Matters of Appeal . . .
144
9.01 Board of Adjustment Established . .
144
9.02 Chairman of Board . . . . . . . . .
145
9.03 Meeting of Board . . . . . . . . .
145
9.04 Powers and Duties of Board . . . .
146
X. Amendments . . . . . . . . . . . . . . . .
151
10.01 Motion to Amend . . . . . . . . . . 151
10.02 Protest 151
10.03 Planning Board Action 152
10.04 Fee . . . . . . . . . . . . . . . . 152
• XI. Legal Status . . . . . . . . . . . . . . . 153
11.01 Effect Upon Outstanding Building
Permits . . . . . . . . . . . . 153
11.02 Validity . . . . . . . . . . . . . 153
C]
4

0 m ve'a+WIR
OF
• THE TOWN OF
KITTY HAWK' NORTH CAROLINA
ARTICLE 1
INTRODUCTION
SECTION 1.01 - TITLE AND ENACTMENT
An ordinance, in pursuance of the authority
granted by the North Carolina general statutes chapter
160A-381 ET SEQ, for the purposes of promoting the
public health, safety, morals, and general welfare: to
provide for the establishment of districts within the
town of Kitty Hawk, North Carolina: to regulate within
• such districts the location, height, bulk, number of
stories and size of buildings and other structures, the
percentage of lot that may be occupied, the required
open space, the density of population, and the uses of
land, buildings and other structures: to provide
methods of administration of this ordinance and to
prescribe penalties for the violation thereof.
NOW THEREFORE, the Town Council of Kitty Hawk,
North Carolina, does hereby ordain and enact into law
the following Articles and Sections, this the loth day
of June, 1981.
SECTION 1.02 - SHORT TITLE
. This ordinance shall be known as the "Zoning
5

Ordinance." The map herein referred to which is
identified by the title "Official Zoning Map of the
Town of Kitty Hawk, North Carolina," shall be known as
the "Zoning Map."
SECTION 1.03 - PURPOSE
In accordance with the provisions of Chapter 160A-
387 of the General Statutes of North Carolina, the Town
Council of Kitty Hawk, having designated the Kitty Hawk
Planning Board as the Planning Agency to prepare a
Zoning Plan showing proposed district boundaries and
recommending a procedure by which the Zoning
Regulations and restrictions and the boundaries of the
zoning districts shall be determined, established and
enforced, and from time to time amended, supplemented
ior changed, and having received from the Planning Board
a certified plan taking into consideration the
character of each district and its peculiar suitability
for particular uses with a view to conserving the value
of buildings and encouraging the most appropriate use
of land throughout the town, hereby adopts this Zoning
Ordinance. The Zoning Ordinance has been prepared in
accordance with a comprehensive plan for the
development of the Town of Kitty Hawk and is designed
to lessen congestion in the streets; to secure safety
from fire, panic, and other dangers; to promote health
and the general welfare; to provide adequate light and
• air; to prevent the overcrowding of land; to avoid
6

undue concentration of population; to facilitate the
adequate provision of transportation, water, sewerage,
ischools, parks, and other public requirements; and to
give reasonable consideration to the expansion and
development of municipalities within the town so as to
provide for their orderly growth and development.
SECTION 1.04 - USE, OCCUPANCY AND CONSTRUCTION
No building, structure, or land shall hereafter be
used or occupied, and no structure or part thereof
shall hereafter be constructed except in conformity
with all of the regulations herein specified for the
district in which it is located.
No building or other structure shall hereafter be
erected or altered:
i A. to exceed the height or bulk;
B. to accommodate or house a greater number of
f amilies;
C. to occupy a greater percentage of lot area;
D. to have narrower or smaller rear yards, front
yards, side yards, or other open spaces than
herein required; or in any other manner
contrary to the provisions of this ordinance.
SECTION 1.05 - BUILDING PERMIT REQUIRED
No building or other structure shall be erected or
moved, nor shall any existing building or structure
hereafter be altered in any manner, and no land
• disturbing activity of any king may be undertaken,
7

unless and
until
a building permit therefor
has been
.
approved by
the
Zoning Administrator. The
Building
permit shall expire by limitation, six (6) months from
the date of issuance if work authorized by the permit
has not commenced. If after commencement the work is
discontinued for a period of twelve (12) months, the
permit therefor shall immediately expire. No work
authorized by any permit that has expired shall
thereafter be performed until a new permit has been
secured.
All applicants submitting building permit
applications shall furnish the Building Inspector with
the following information in addition to any
information required by the Town of Kitty Hawk:
• A. Number of habitable floors contained in
the building for which the application is being made
and the location of each habitable floor within the
structure.
B. All primary functions (not to exceed two)
for which non -habitable floors will'be or are intended
to be used as well as secondary uses.
C. Description of all utility systems and
any other mechanical systems connected to or capable of
being used in the non -habitable floor. This includes a
diagram of all wiring and plumbing layouts and
specifications.
. D. Building plans or blueprints and
E.

specifications showing utility systems, outlets, and
maximum loads of each system shall be filed with the
• Building Inspector in addition to the building permit
application. The system shall meet or exceed any
minimum requirements for the State of North Carolina in
addition to the requirements of this ordinance. A
change in utility system layouts or maximum loads will
require the building permit holder or owner to file an
amendment to the original building permit describing
the change or modification in the utility system. The
amendment must be approved in writing by the Building
Inspector.
E. All building and occupancy permits shall
be conditioned upon continued compliance with the
statements set forth in the building permit and shall
be binding upon the original owner (or building permit
applicants if different than the owner), their heirs,
successors or assigns. No building shall be conveyed
or any interest therein transferred if the condition of
the building permit or occupancy permit has been
breached and is not corrected or cured by the owner or
otherwise approved by the Board of Adjustments. The
issuance of a building or occupancy permit by the Town
without approval.shall not constitute a waiver of the
right of the Town to enforce its right to revoke,
cancel or terminate such permit due to the violation or
breach of any statement contained therein.
9

The owner of any building to be constructed in the
Town shall certify on a form approved by the Town of
• Kitty Hawk that all statements, representations, plans
and specifications are material representations of fct
made to procure the issuance of a building,
improvement, or occupancy permit for the building
described therein. Any variance therefrom not approved
in writing on the permit by the Town Building Inspector
or granted by the Board of Adjustments for the Town of
Kitty Hawk shall terminate the improvement, building,
or occupancy permits and the same shall become null and
void.
The Town Clerk shall maintain a record of all
building permits, applications and information required
by this section. A separate record shall be maintained
by the Clerk, listing those buildings which are in non-
compliance with the original building permit and/or
occupancy permit and cause written notice of such non-
compliance to be filed with the Register of Deeds of
Dare County, North Carolina, under the name of the
owner of the property.
For the purposes of this ordinance, area or space
above the top plate of a habitable floor which is open,
unrestricted and unobstructed such as used in an A -
Frame, cathedral ceiling or opposed shed roof type
construction shall not be considered as a part of such
habitable floor. Height of habitable floors shall be
• measured vertically from the bottom of the sill girder
10

to the top of the top plate.
• It is the purpose and intent of this section to
allow the construction of buildings within the Town of
Kitty Hawk consisting of two (2) habitable floors or
levels and one (1) floor or level which is capable of
some, but not all, of the primary functions set forth
herein addition to multiple secondary uses or
functions.
SECTION 1.06 - HEALTH DEPARTMENT APPROVAL
The Zoning Administrator shall not approve a
building permit for any building for which Dare County
Health Department approval is required, until such
approval has been given by the Health Department.
• SECTION 1.07 - CERTIFICATE OF OCCUPANCY REQUIRED
No land shall be used or occupied and no building
hereafter structurally altered, erected or moved shall
be used or its use changed until a certificate of
occupancy has been issued by the Zoning Administrator
stating that the building and/or the proposed use
thereof complies with the provisions of this Ordinance.
A like certificate shall be issued for the purpose of
renewing, changing, or extending a non -conforming use.
A certificate of occupancy, either for the whole or a
part of a building, shall be applied for coincident
with the application for a building permit and shall be
• issued within 10 days after the erection or structural
11

alterations of such building, or part, shall have been
completed.in conformity with the provisions of this
Ordinance. A record of all certificates shall be kept
on file in the Office of the Zoning Administrator.
A temporary certificate of occupancy may be issued
by the Zoning Administrator for a period not exceeding
6 months during alterations or partial occupancy of a
building pending its completion, provided that such
temporary certificate may require such conditions and
safeguards as will protect the safety of the occupants
and the public.
SECTION 1.08 - TERRITORIAL APPLICATION
The provisions of this ordinance shall apply to
all lands and structures and uses thereon, within the
izoning areas designated on the "Official Zoning Map of
the Town of Kitty Hawk, North Carolina."
SECTION 1.09 - OFFICIAL ZONING MAP
For the purposes of this ordinance the Town of
Kitty Hawk is hereby divided into zones or districts
within which this ordinance will apply. The zones or
districts for the Town of Kitty Hawk are shown on a map
entitled "Official Zoning Map of The Town of Kitty
Hawk, N.C.", which, together with all explanatory
matter thereon, is hereby adopted by reference and
declared to be a part of this ordinance.
The Official Zoning Map for the Town of Kitty Hawk
i shall be identified by the signature of the Mayor of
12

the Town of Kitty Hawk and attested by the Clerk and
• bearing the Seal of the Town under the following words:
This is to certify that this is the Official
Zoning Map referred to in Article II of the Zoning
Ordinance of the Town of Kitty Hawk, N. C. ", together
with the date of adoption of this ordinance.
If, in accordance with Article XIV of this
ordinance changes are made in district boundaries or
other matter portrayed on the Official Zoning Map, such
changes shall be promptly entered on the official
Zoning Map after the amendment has been approved by the
Town Council.
Regardless of the existence of purported copies of
this official Zoning Map which may be made or
• published, the official Zoning Map which shall be
located in the Kitty Hawk Administrative Building shall
be the final authority as to the current zoning status
of land and water areas, buildings and other structures
in the Town.
SECTION 1.10 - RULES GOVERNING THE INTERPRETATION OF
DISTRICT BOUNDARIES
Where uncertainty exists respect to the boundaries
of any of the aforesaid districts as shown on the
"Official Zoning Map of the Town of Kitty Hawk, North
Carolina," the following rules shall apply:
A. Boundaries indicated as approximately
following the center lines of streets, highways, or
13

alleys shall be construed to follow such center lines;
0 B. Boundaries indicated as approximately
following platted lot lines shall be construed as
following such lot lines;
C. Boundaries indicated as approximately
following city limits shall be construed as following
such city limits;
D. Boundaries indicated as following railroad
lines shall be construed to be midway between the main
tracks;
E. Boundaries indicated as following shore lines
shall be construed to follow such shore lines, and in
the event of change in the actual shore line;
boundaries indicated as approximately following the
• center lines of streams, rivers, canals, lakes, or
other bodies of water shall be construed to follow such
center lines;
F. Boundaries indicated as parallel to or
extension of features indicated in subsections A
through E above shall be so construed. Distances not
specifically indicated on the Official Zoning Map shall
be determined by the scale of the map;
G. Where physical or cultural features existing
on the ground are at variance with those shown on the
Official Zoning Map, or in other circumstances not
covered by subsections A through F above, the Board of
0 Adjustment shall interpret the district boundaries.
14

H. Where a district boundary line divides a lot
which was in single ownership at the time of passage of
0 this ordinance, the Town Council may permit, as a
conditional use, the extension of the regulations for
either portion of the lot not to exceed 50 feet beyond
the district line into the remaining -portion of the
lot.
ARTICLE II
DEFINITION OF TERMS
For the purpose of this ordinance certain words or
terms used herein shall be interpreted as follows:
SECTION 2.01 - INTERPRETATION OF COMMON WORDS AND TERMS
Words used in the present tense include the future
• tense.
Words used in the singular number shall include
the plural and words used in the plural shall include
the singular.
The word "person" includes a firm, co -partnership,
company, organization, trust, association, or
corporation as well as an individual.
The word "lot" includes the words "plot"„
"parcel", or "tract".
The word "building" includes the word "structure."
The word "used" or "occupied" as applied to any
land or building shall be construed to include the
. words "intended, arranged or designed to be used or
15

occupied".
The word "shall" is always mandatory.
• The word "may" is permissive.
SECTION 2.02 - DEFINITION OF SPECIFIC TERMS AND WORDS
ACCESSORY USE; A use which is clearly incidental
to and customarily found in connection with the
principal use and located on the same lot with such
principal use.
ALLEY: A minor right of way, dedicated to public
use, which affords a secondary means of vehicular access
to the back or side of properties otherwise abutting a
street, and which may be used for public utility
purposes.
BUFFER STRIP: A device of material and/or space
40 used to provide sight and sound screening from
adjoining properties. The required height and width of
the buffer strip and the materials used in its
construction vary according to use. Where a buffer
strip is required under the provision of this
ordinance, such buffer strip shall be approved by the
Zoning Administrator.
BUILDING: Any structure enclosed and isolated by
exterior walls constructed or used for residence,
business, industry or other public purposes.
BUILDING, ACCESSORY: A subordinate building
consisting of walls and a roof, the use of which is
. clearly incidental to that of a principal building on
16

the same lot.
BUILDING, PRINCIPAL: A building in which is
• conducted the principal use of the lot on which it is
located.
BUILDING SETBACK LINE: A line parallel to or
concentric with the street right of way establishing
the minimum allowable distance between such right of way
and the nearest portion of any building, excluding the
outermost three feet of any uncovered porches, steps,
eaves, gutters and similar fixtures.
CONDOMINIUM: Ownership in common with others of a
parcel of land and certain parts of a building thereon
which would normally be used by all the occupants
together with individual ownership in fee of a
. particular dwelling unit in such building.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND: Any
place or premises used for sale, dispensing, or serving
of food, refreshments, or beverages in automobiles,
including those establishments where customers may
serve themselves and may eat or drink the food,
refreshments, or beverages on the premises.
DWELLING UNIT: One room, or rooms connected
together, constituting a separate, independent
housekeeping establishment for owner occupancy, or
rental or lease, and physically separated from any
other rooms or dwelling units which may be in the same
structure, and containing independent cooking and
• sleeping facilities for a single family.
17

DWELLING, SINGLE-FAMILY: A detached building
• designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY (DUPLEX) : A detached
building, divided horizontally or vertically, and
designed for or occupied by two single-family
housekeeping units contained entirely under one roof
and having one dividing partition common to each unit,
or having the ceiling structure of the lower unit the
floor structure of the unit above.
DWELLING, MULTIPLE: A building or portion thereof
used or designed as a residence for three or more
families living independently of each other and doing
their own cooking therein, including apartment houses.
FAMILY: One or more persons occupying a single
• family dwelling unit, provided that unless all members
are related by blood or marriage, no such family shall
contain more than five persons.
GROUND ELEVATION: The mean elevation of the
undisturbed land computed at the perimeter of the
proposed building's foundation or piling location.
HABITABLE FLOORS AND LEVELS: Enclosed areas
within a building which are located below the top of
the top plate and above the bottom of the sill girder
of each such floor or level and containing rooms or
areas which have been designed, constructed, wired,
plumbed, equipped with cooking appliances, and
• furnished (or any combination of three or more of the

foregoing) which is utilized or capable of providing
for more than two of the following functions,
(hereinafter referred to as primary functions):
food;
1. Preparation of, cooking, and consumption of
2. Sleeping;
3. Human waste disposal;
4. Bathing or showering;
5. Heating and air conditioning.
Only habitable floors or levels shall be occupied
or used for more than two of the above functions. A
non -habitable floor or level may be used for two of the
above functions in addition to other secondary uses,
such as, but not limited to, recreational, artistic,
storage, entertainment, business, professional, garage,
or any other use allowed or permitted under the
applicable zoning ordinance.
HEIGHT: The distance in feet measured vertically
between two designated points.
HEIGHT: Height shall be defined as the vertical
distance measured from the highest point of the top
plate of the permitted structure to the highest point
on the finished grade of the driveway. The enclosed
area above the top plate shall not be inhabited by any
person or used for any purpose other than the storage
of personal effects or property.
TOTAL HEIGHT: The distance from ground elevation
• to the horizontal plane of the highest point of the
19

building.
HOME OCCUPATION: A profession or occupation
carried on by a member of a family or a member of a
recognized profession residing on the premises,
provided that no merchandise or commodity other than
that produced on the premises is sold on the premises
and provided further than not over twenty-five (25)
percent of the total actual floor area of any structure
is used for home occupations or professional purposes.
LOT: A parcel of land which fronts on and has
ingress and egress by means of a public right of way or
an approved private street and which is occupied or
intended to be occupied by a building or groups of
buildings as provided herein with the customary
accessories and open spaces.
LOT AREA: The total horizontal area included
within lot lines.
LOT, CORNER: A lot of which at least two
adjoining sides abut for their full lengths on a
street, provided that the interior angle at the
intersection of two such sides is less then 135
degrees.
LOT DEPTH: The average distance from the street
line of the lot to its rear line measured in the
general direction of the side lines of the lot.
LOT LINES: The lines bounding a lot as defined
• herein.
20

A. LOT LINE, FRONT: The line separating
said lot from that street which is designated as the
40 front street on the building permit, certificate of
occupancy or subdivision plat.
B. LOT LINE, REAR: The lot boundary
opposite and most distance from the front lot line. In
the case of a ponted or irregular lot, it shall be an
imaginary line parallel to the farthest from the front
lot line, not less than 30 feet long and wholly within
the lot.
C. LOT LINE, SIDE: A side lot line is any
lot boundary line not a front lot line or rear lot
line.
LOT WIDTH: The width of a lot at the required
• building setback line measured at right angles to its
depth.
LOT OF RECORD: A lot which is part of a
subdivision recorded in the office of the Dare County
Register of Deeds, or a lot or parcel described by
metes and bounds, the description of which has been so
recorded.
MEDICAL CLINIC: A building or structure or
portion thereof where medical services are provied for
out patients only.
MOBILE HOMES (INCLUDES DOUBLE -WIDE AND TRIPLE -WIDE
HOMES): A modular unit built on a chassis, with body
width exceeding 8 feet or body length exceeding 32
feet, designed to be used as a dwelling, with or
21

without a permanent foundation, when connected to the
• required utilities. A travel trailer is not to be
considered as a mobile home.
MOBILE HOME PARR: A parcel or tract of land under
single ownership which has been planned and improved
for the placement of mobile homes for dwelling
purposes; provided that all mobile home parks existing
at the time of passage of this ordinance and not
meeting the minimum requirements established herein for
mobile.home parks, shall be considered a non -conforming
use, and further provided that one or two mobile homes
on a lot with a principal building or use, or on a
separate lot, shall not be considered a non -conforming
mobile home park and when such mobile homes are removed
• from said lots they may not be replaced with another
mobile home.
MODULAR UNIT: A factory fabricated transportable
building designed to be used by itself or to be
incorporated with similar units at a building site into
a modular structure. The term is intended to apply to
major assemblies and does not include prefabricated
panels, trusses, plumbing trees, and other
prefabricated supplements which are to be incorporated
into a structure at the site.
NON -CONFORMING USE: A use of building or land
which does not conform with the regulations of the
• district in which such.building or land is situated but
22

was lawful before adoption of this ordinance.
OCEANFRONT SETBACK: A line which is one hundred
0 and fifty (150 ) feet shoreward from the mean high water
line of the Atlantic Ocean.
OPEN SPACE: An unoccupied space open to the sky.
OPEN STORAGE: Unroofed storage area, whether
fenced or not.
PLANNED UNIT DEVELOPMENT: Complete development of
land which is under central control or for which
central control mechanisms have been established. The
plan will be in accordance with such guides and
objectives as may be established by the Planning Board
and Town Council in Article IV of this ordinance.
PARKING SPACE: A vehicular storage space of not
less than
ten (10) feet
by
twenty
(20)1,
plus the
necessary
access space.
It
shall
always
be located
outside any dedicated right of way.
SIGN: Any surf ace,.fabric or device bearing
lettered, pictorial or sculptured matter designed to
convey information visually and exposed to public view,
or any structures including billboard or poster panel,
designed to carry visual information.
A. OUTDOOR ADVERTISING SIGN AND STRUCTURE:
A sign and structure which directs attention to a
business, commodity, service or entertainment
conducted, sold or offered:
(1) only elsewhere than upon the
premises where the sign is displayed; or
23

(2) as a minor or incidental activity
upon the premises where the sign is displayed.
• B. BUSINESS SIGN: A sign which directs
attention to a business, profession or industry located
upon the premises where the sign is displayed, to type
of products sold, manufactured or assembled, and/or to
service or entertainment offered on said premises; but,
not a sign pertaining to the preceding if such activity
is only minor and incidental to the principal use of
the premises.
C. IDENTIFICATION SIGN: A sign, used to
identify only: the name of the individual, family,
organization or enterprise occupying the premises; the
profession of the occupant; the name of the building on
which the sign is displayed.
D. BULLETIN BOARD: A sign used to announce
meetings or programs to be held on the premises of a
church, school, auditorium, library, museum, community
recreation center or similar non-commercial places of
public assembly.
E. DIRECTIONAL SIGN: Signs which contain
only the name of the establishment to which direction
is given and directional information.
SIGN AREA: The area of signs composed in whole or
in part of free standing letters, devices or sculptured
matter not mounted on a measurable surface shall be
construed to be the area of the least square, rectangle
• or circle that will enclose the letters, devices and/or
sculptured matter. The area of a double-faced sign
shall be the area of one face of the sign, provided
24

that the two faces are of the same size and are
parallel to one another with no more than twenty-four
(24) inches between each sign face.
SILL GIRDER: The lowermost structural beam of a
building which -rests on the foundation wall or pilings
and which supports the floor and exterior structure
walls.
SKIRTING AREA: That area beneath a mobile home
from the underside of the floor area to the ground.
STREET: A street is:
A. Any permanently dedicated public right
of way which has been accepted for maintenance by the
North Carolina Department of Transportation or the Town
of Kitty Hawk; or
B. Any other open area providing the
principal means of access for vehicles or pedestrians
from a public right of way to a building or use of land
and which:
(1) is at least thirty (30) feet in
width, and
(2) has been approved by the Town
Council as a street to satisfy the requirements of this
ordinance; and
(3) is covenanted by its owner to
remain open and unobstructed throughout the life of any
building or use which depends thereon to satisfy any
• requirement of this ordinance. ,
25

STRUCTURE: Anything constructed or erected, the
•
use of which requires location on the ground, or
attachment to something having location on the ground.
TOP PLATE: That portion of the building where the
structural wall framing and the structural roof framing
meet and are joined together.
TOP PLATE: The structural member of a building
located at the point where the structural wall framing
and the structural roof framing join together at the
top of the uppermost habitable floor and should the
building be designed having top plates at more than one
horizontal level, the lowermost one shall be considered
insofar as usage in this ordinance is concerned.
TOWNHOUSE: A single-family dwelling on its own
individual lot but connected on two sides, by means of
a common wall for at least ten (10) feet of its length,
to two other single-family dwellings or an end dwelling
of a row of such dwellings. No more than six (6) such
dwelling units may be attached in a single group.
TRAILER: Shall include any of the following:
A. TRAVEL TRAILER: A vehicular, portable
structure built on a chassis, designed to be used as a
temporary dwelling for travel, recreational, and
vacation uses, and, when factory equipped for the
roads, it shall have a body width not exceeding eight
feet, and a body length not exceeding thirty-two feet.
B. PICK-UP COACH: A structure designed to
be mounted on a truck chassis for use as a temporary
26

dwelling for travel, recreation, and vacation.
0 C. MOTOR -HOME: A portable, temporary
dwelling to be used for travel, recreation and
vacation, constructed as an integral part of a self-
propelled vehicle.
D. CAMPING TRAILER: A folding structure of
canvas or other material mounted on wheels and designed
for travel, recreation, and vacation use.
TRAILER PARR: A parcel or tract of land under
single ownership which has been planned and improved
for the temporary placement of campers or trailers as a
service to the traveling public. All trailer parks
existing at the time of passage of this ordinance which
do not meet the minimum requirements established for
trailer parks by this ordinance shall be considered a
non -conforming use.
USE: A "Use" is:
A. Any purpose for which a building or
other structure or a tract of land may be designed,
arranged, intended, maintained, or occupied, or,
B. Any activity, occupation, business, or
operation carried on, or intended to be carried on, in
a building or other structure or on a tract of land.
USE, CONDITIONAL: A conditional use is a use that
would not be appropriate generally or without
restriction throughout a particular Zoning District but
• which, if controlled as to number, area, location or
27

relation to the neighborhood, would preserve the intent
of this ordinance to promote the public health, safety,
morals, and general welfare.
VARIANCE: A variance is a relaxation of the terms
of the zoning ordinance where such variance will not be
contrary to the public interst and where, owing to
conditions peculiar to the property and not the result
of the actions of the applicant, a literal enforcement
of the ordinance would result in unnecessary and undue
hardship. As used in this ordinance a variance is
authorized only for height, area, and size of structure
or size of yards and open spaces. The establishment or
expansion of the use otherwise prohibited shall not be
allowed by variance, nor shall a variance be granted
because of the presence of non -conformities in the
zoning district or uses in an adjoining zoning
district.
YARD: A required open space other than.a court
unoccupied and unobstructed by any structure or portion
of a structure from 30 inchest above the general ground
level of the graded lot upward, provied however that
fences, walls, poles, posts, and other customary yard
accessories, ornaments, and furniture may be permitted
in any yard subject to height limitations and
requirements limiting obstruction of visibility or any
other requirement of this ordinance. And further
provided that accessory buildings may be located in any
rear or side yard no closer than five (5) feet to any

property line and subject to other limitations of this
Ordinance.
A. YARD, FRONT: A yard extending between
side lot lines across the front of a lot adjoining the
public street. Depth of required front yard shall be
measured at right angles to a straight line joining the
foremost points of the side lot lines. The foremost
point of the side lot line, in the case of rounded
property corners at street intersections, shall be
assumed to be the point at which the side and front lot
lines would have met without such rounding. Front and
rear yard lines shall be essentially parallel.
B. YARD, REAR: A yard extending across the
rear of the lot between side lot lines. Depth of a
required rear yeard shall be measured in such a manner
that the yard established is a strip of the minimum
width required by district regulations with its inner
edge parallel with the rear lot line.
C. YARD, SIDE: A yard extending from the
rear line of the required front yard to the rear yard.
Width of the required side yard shall be measured in
such a manner that the yard established is a strip of
the minimum width required by district regulations with
its inner edge parallel with the side lot line.
SECTION 3.01 KITTY HAWK BEACH
A. -BR-1 LOW DENSITY BEACH RESIDENTIAL DISTRICT
1. Intent
29

The BR-1 district is intended to
encourage the development of permanent low -density
residential neighborhoods in Kitty Hawk Beach.
2. Permitted Uses
The following uses shall be permitted by
right:
(a) Detached single-family dwellings
(not to include mobile homes).
(b) Customary accessory buildings
including private swimming pools and tennis courts.
(c) Town owned or leased facilities.
3. Conditional Uses Permitted
The following uses are permitted subject
to the requirements of this district and additional
regulations and requirements imposed by the Town
Council as provided in Section 8.03:
(a) Churches and cemeteries.
(b) Fire stations, schools and other
public buildings.
(d) Home occupations.
(e) Private clubs including boat
launching areas, golf course, tennis courts, community
centers, libraries, picnic areas, beach clubs, and
concessions integral thereto provided that there is no
open commercial activity and no sign other than a
directional sign is allowed.
(f) Public utility facilities (must
30

provide a vegetated buffer strip at least 10 feet in
height where the facility abuts a residential lot or
use) .
4. Dimensional Requirements
(a) Minimum lot size: 15,000 square
f eet
(b) Minimum lot width: 75 feet
(Measured at the building set back
1 ine )
(c) Minimum front yard: 25 feet
(d) Minimum side yard: 10 feet
An additional 10 foot side yard adjacent
to the street is required for a corner lot.
(e) Minimum rear yard: 25 feet
(f) Maximum allowable lot coverage by
principal use and all accessory structures: 30%
(g) Height Limitation:
(1) Height from Ground Elevation
to top of Top Plate - 27 feet.
(2) Height of habitable floors -
19 feet.
(3) Total Height - 35 feet,
exclusive of chimneys, flag poles, communications masts
or aerials, and mechanical appurtenances.
B. -BR-2 MEDIUM DENSITY BEACH RESIDENTIAL
DISTRICT
1. Intent
The BR-2 district is intended to
31

encourage the development of moderate density
• residential neighborhoods in Kitty Hawk Beach with a
mix of permanent and short-term seasonal residents, and
to serve as a transition zone between the low -density
area and more intensely developed areas. The maximum
density shall not exceed six (6) dwelling units per
acre.
2. Permitted Uses
The following uses shall be permitted by
right:
(a) Detached single-family dwellings.
(b) Duplexes with each unit subject to
the dimensional requirements for single-family
dwellings in the district except for the side yards
required at any common walls.
(c) Customary accessory buildings
including private swimming pools and tennis courts.
(d) Mobile Home provided:
(1) It is placed on a foundation
and anchored according to the North Carolina Building
Code for mobile homes in a hurricane area.
(2) The requirements of the
Building Inspector regarding skirting material and
skirting area are complied with except that this shall
not apply to mobile home parks and trailer parkds.
(e) Town owned or leased facilities.
• 3. Conditional Uses Permitted
32

The following uses are permitted subject
to the requirements of this district and additional
regulations and requirements imposed by the Town
Council as provided in Section 8.03:
(a) Churches and cemeteries.
(b) Fire stations, schools and other
public buildings.
(c) Home occupations.
(d) Private clubs including boat
launching areas, golf courses, tennis courts, community
centers, libraries, picnic areas, beach clubs, and
concessions integral thereto provided that there is no
open commerical activity and no sign other than a
directional sign is allowed.
• (e) Public utility facilities.
(f) Planned Unit Development under the
provisions of Article IV.
(g) Townhouse developments under the
provisions of Article IV with a density of six (6)
dwelling units per acre.
4.• Dimensional Requirements for BR -
(a) Minimum lot size:
(1) Single Family Detached
Residence: 15,000 square feet except that if served by
an approved public or community sewage disposal system,
lot size may be reduced to 10,000 square feet.
(2) Duplex: 25,000 square feet
40 except that if served by an approved public or
33

community sewage disposal system, lot size may be
• reduced to 15,000 square feet.
(b) Minimum lot width: 75 feet
(Measured at the building set back
line)
(c) Minimum front yard: 25 feet
(d) Minimum side yard: 10 feet
An additional 10 foot side yard
adjacent to the street is required for a corner lot.
(e) Minimum rear yard: 20% of lot
depth but need not exceed 20 feet
(f) Maximum allowable lot coverage by
principal use
(g) Height limitation:
(1) Height from Ground Elevation
to top of Top Plate - 27 feet.
(2) Height of habitable floors -
19 feet.
(3) Total Height - 35 feet,
exclusive of chimneys, flag poles, communications masts
or aerials, and mechanical appurtenances.
D. BR-6, MULTI -FAMILY BEACH RESIDENTIAL
DISTRICT
1. Intent
The BR-6 district is established as an area
in Kitty Hawk beach for which the principal use of the
• land is medium density residential not to exceed six
34

(6) dwelling units per acre. The district also
provides for the development of less intensive
residential uses as well as for compatible supporting
uses.
2. Permitted Uses
The following uses shall be permitted by
right:
(a) Detached single-family dwellings (not to
include mobile homes).
(b) Duplexes.
(c) Multi -family dwellings.
(d) Customary accessory buildings including
private swimming pools and tennis courts.
(e) Town owned or leased facilities.
• 3. Conditional Uses Permitted
The following uses are permitted subject to
the requirements of this district and additional
regulations and requirements imposed by the Town
Council as provided in Section 8.03:
(a) Churches and cemeteries.
(b) Fire stations, schools and other public
buildings.
(c) Home occupations.
(d) Private clubs including boat launching
areas, golf courses, tennis courts, community centers,
libraries, picnic areas, beach clubs, and concessions
integral thereto provided that there is no open
• commercial activity and no sign other than a
35

directional sign is allowed.
(e) Public utility facilities (must provide
a vegetated buffer strip at least 10 feet in height
where the facility abuts a residential lot or use).
(f) Planned Unit Development under the
provisions of Article IX.
4. Dimensional Requirements foL BR -
(a) Minimum Lot Size:
(1) Single Family Detached Residence:
15,000 square feet except that if served by an approved
public or community sewage disposal system, lot size
may be reduced to 7,500 square feet.
(2) Duplex: 25,000 square feet except
that if served by an approved public or community
sewage disposal system, lot size may be reduced to
12,500 square feet.
(3) Multi -Family Dwellings: Must be
served by an approved public or community sewage
disposal system. 7,500 square feet for first dwelling
unit; 7,212 square feet for each additional dwelling
unit.
(b) Minimum lot width: 75 feet
(Measured at the building set back line)
(c) Minimum front yard: 25 feet
(d) Minimum side yard: 10 feet
An additional 10 foot side yard adjacent
• to the street is required for a corner lot.

(e) Minimum rear yard: 20 feet
(f) Maximum allowable lot coverage by
principal use and all accessory structures: 30%
(g) Height limitation:
(1) Height from Ground Elevation to top
of Top Plate - 27 feet.
(2) Height of habitable floors - 19
feet.
(3) Total Height - 35 feet, exclusive
of chimneys, flag poles, communication masts or
aerials, and mechanical appurtenances.
(h) No building or other facility (such as
playgrounds, tennis courts, swimming pools, parking
areas, incinerators, trash collection areas, etc.)
• shall be located nearer than 50 feet to boundaries of
RS-1 districts. The width of a road and its right of
way along such boundary may be included as part, or
all, of the 50-foot separation zone.
F. BC-2 GENERAL BEACH COMMERCIAL DISTRICT
1. Intent
The BC-2 district is established to provide
for the proper grouping and development of commercial
facilities in -Kitty Hawk Beach to serve permanent
residents and the general public.
2. Permitted Uses
The following uses shall be permitted by
right:
(a) Offices including such uses as:
37

(1) Business.
(2) Financial.
i (3) Governmental.
(4) Medical and professional.
(b) Primary retail stores, including such
uses as:
(1) Books.
(2) Cameras.
(3) Candy.
(4) Clothing.
(5) Craft goods.
(6) Dry goods.
(7) Drugs.
• (8) Flowers.
(9) Gifts.
(10) Hardware.
(11) Hobby goods.
(12) Jewelry.
(13) Leather goods.
(14) Magazines.
(15) Musical instruments.
(16) Notions.
(17) Sporting goods.
(18) Toys.
(19) Food stores.
(c) Secondary retail stores, including such
iuses as:
r

40
i
uses as:
(1) Antiques.
(2) Household appliances
(3) Boat display and sales.
(d) Service establishments, including such
(1) Barber and beauty shops.
(2)
Marinas.
(3)
Cafeterias.
(4)
Churches.
(5) Dry cleaning and laundry pick-up
stations, including laundromats.
(6) Funeral homes.
(7) Motels and hotels.
(8) Parking lots.
(9) Radio and televisions broadcasting
studios.
(10) Restaurants.
(11) Shoe repair.
(12) Theaters.
(e) Single family dwellings, multi -family
dwellings and duplexes according to the demensional
requirements of the R-3 High Density Residential
District.
(f) Public and private schools.
(g) Town owned or leased facilities.
3. Conditional Uses
The following uses are permitted subject to
39

the requirements of this district and additional
regulations and requirements imposed by the Town
Council as provided in Section 8.03:
(a) Automobile service station, provided
that no principal or accessory building shall be
located within fifty (50) feet of a residential use or
district and provided that there shall be no storage of
wrecked or abandoned cars, and that no portion of a
service station building, equipment or gas pumps shall
be nearer than twenty-five (25) feet to any right of
way. No more than 3 gas pumps in conjunction with a
use permitted by right above, provided that no
principal or accessory building shall be located within
fifty (50) feet of a. residential use or residential
district and that such gas pumps shall be set back at
least twenty-five (25) feet from any right of way.
(b) Public utility facilities.
(c) Seafood market.
(d) Hospitals and Medical Centers
(e) Veterinary Hospitals and Clinics:
Veterinary hospitals and clinics may be permitted
subject to other requirements of this Ordinance and
provided the following conditions are met:
(1) No animals shall be kept or boarded
outside the principal building and there shall be no
structure, runs, or pens used for boarding, holding or
restraining animals located upon the site outside of
the principal building.
40

(2) The principal building shall be
•
constructed in
such
a manner and
with such materials as
to prevent any
noise
originating
within the facility
from being heard beyond the approved site boundary
line. An architect, engineer or other qualified
professional must certify on the site plan that the
proposed design and materials will allow no animal
noise originating within the building to be heard at
any point on the approved site boundary.
(3) All animal waste must be disposed
of through the facility septic system and the applicant
must submit evidence that the appropriate county or
state department has approved the proposed septic
system for the disposal of animal waste.
(4) No dead animal shall be placed in
any outside receptacle located on the premises outside
the facility.
(5) A vegetated or constructed visual
buffer may be required.
(6) Exterior lighting shall be of low
intensity and shall reflect upon the site in such a
manner as not to interfere with traffic on public
streets or highways.
(f) For a period of not more than one (1)
year, a mobile home may be used for legal, medical,
accounting, and dental office uses or financial uses by
. state or nationally regulated financial organizations
41

(such as banks and savings and loan associations)
provided a conditional use permit has been issued by
the Town Council and all requirements therefor have
been satisfied including, but not limited to, the
following:
(1) The mobile home is placed on a
foundation and anchored according to the North Carolina
Building Code for mobile homes in a hurricane area.
(2) The requirements of the Building
Inspector regarding skirting material and skirting area
are complied with.
4. Dimensional Requirements
(a) Minimum lot size:
Commercial lots shall be of sufficient
• size to meet requirements of the Dare County Health
Department, to provide adequate siting for structures,
and to provide parking, loading and maneuvering space
for vehicles as required by Section 6.01 of this
ordinance. In addition, a visual buffer is required
where a commercial use or zone abuts a residential use
or zone.
(b) Minimum front yard: 15 feet
(c) Minimum side yard: 10 feet. No side
yard required if commercial building constructed with a
common wall. An additional 5 foot side yard adjacent
to the street is required for a corner lot.
(d) Minimum rear yard: 20 feet
• (e) Maximum allowable lot coverage by
W

principal use and all accessory structures: 60%
• (f) Height limitation:
(1) Height from Ground Elevation to top
of Top Plate - 27 feet.
feet.
(2) Height of habitable floors - 19
(3) Total Height - 35 feet, exclusive
of chimneys, flag poles, communications masts or
aerials, and mechanical appurtenances.
(g) No building or other facility (such as
parking areas, incinerators, trash collection areas,
etc.) shall be located nearer than 50 feet to
boundaries of RS-1 districts. The width of a -road and
its right of way along such boundary may be included as
part, or all, of the 50 foot separation zone.
G. BC-3 BEACH COMMERCIAL DISTRICT
1. Intent
The BC-3 district is established to provide
for the development of commercial facilities in Kitty
Hawk Beach to furnish a broad range of services and
commodities to serve the entire community.
2. Permitted Uses
The following uses shall be permitted by
right:
(a) All permitted uses allowed within the
BC-2 General Beach Commercial District.
is (b) Automobile sales and service.
43

areas.
repairs.
(c) Indoor recreation activities.
(d) Building supply and equipment sales.
(e) Plumbing supply and equipment sales.
(f) Cabinet and woodworking shops.
(g) Bus terminals.
(h) Building contractors offices and storage
(i) Farm machinery supplies, sales, and
(j) Mobile home or recreational vehicle
display and sales.
(k) Boat display and sales.
(1) Town owned or leased facilities.
3. Conditional Uses
. The following uses are permitted subject to
the requirements of this district and additional
regulations and requirements imposed by the Town
Council as provided in Section 8.03:
(a) Automobile service station, provided
that no principal or accessory building shall be
located within fifty (50) feet of a residential use or
district and provided that there shall be no storage of
wrecked or abandoned cars, and that no portion of a
service station building, equipment or gas pumps shall
be nearer than twenty-five (25) feet to any right of
way. No more than 3 gas pumps in conjunction with a
use permitted by right under above, provided that no
principal or accessory building shall be located within
44

fifty (50) feet of a residential use or residential
district and that
such
gas pumps
shall be set
back at
least twenty-five
(25)
feet from
any right of
way.
(b) Public utility facilities.
(c) Seafood market.
(d) Outdoor Recreation Activities: Outdoor
recreation activities including amusement parks, rides
and other similar activities may be permitted subject
to other requirements of this ordinance and provided
the following conditions are met:
(1) The site shall not be located
closer than 500 feet to any residential zoning
district.
(2) Paved parking shall be provided at
the rate of one parking space for every 100 square feet
of land area included in the site exclusive of that
required for parking and maneuvering of automobiles and
the area required for buffering in sub -paragraph (5)
below.
(3) Holding lanes shall be provided on
the site for automobiles entering and leaving the site
to minimize traffic congestion on public roads.
(4) Loudspeakers or sound amplification
devices which are audible over 100 feet from the site
shall not be permitted.
(5) The entire site shall be buffered
by dense vegetative planting or natural vegetation not
less than eight feet in height and ten feet in width.
45

Suitable plan types for such a site not containing
is
natural
vegetation
shall
be those recommended for the
coastal
area by the
U. S.
Department of Agriculture
such as Japanese Pine, Bay Berry, Wax Myrtle or other
types which will reach a matured growth of eight to ten
feet within three years.
(e). For a period of not more than one (1)
year, a mobile home may be used for legal, medical,
accounting, and dental office uses or financial uses by
state or nationally regulated financial organizations
(such as banks and savings and loan associations)
provided a conditional use permit has been issued by
the Town Council and all requirements therefor have
been satiisfied including, but not limited to, the
following:
(1) The mobile home is placed on a
foundation and anchored according to the North Carolina
Building Code for mobile homes in a hurricane area.
(2) The requirements of the Building
Inspector regarding skirting material and skirting area
are complied with.
4. Dimensional Requirements for C-3
(a) Minimum lot size:
Commercial lots shall be of sufficient
size to meet requirements of the Dare County Health
Department, to provide adequate siting for structures,
and to provide parking, loading and maneuvering space
• for vehicles as required by Section 6.01 of this
46

ordinance. In addition, a visual buffer is required
. where a commercial use or zone abuts a residential use
or zone.
(b) Minimum front yard: 15 feet
(c) Minimum Side Yard: ten (10) feet except
that zero lot lines are permitted where access is
provided to the rear each commercial building or use
with a zero (0) lot line from a public street or
highway. This exception shall not apply to corner
lots. Corner lots shall have an additional five (5)
foot side yard adjacent to the street.
(d) Minimum rear yard: 20 feet
(e) Maximum allowable lot coverage by
principal use and all accessory structures: 60%
(f) Height limitation:
(a) Height from Ground Elevation to top
of Top Plate - 27 feet.
feet.
(b) Height of habitable floors - 19
(c) Total Height - 35 feet, exclusive
of chimneys, flag poles, communications masts or
aerials or mechanical appurtenances.
SECTION 3.02 KITTY HAWK VILLAGE
A. -VR-1 LOW DENSITY VILLAGE RESIDENTIAL
DISTRICT
1. Intent
The VR-1 district is intended to encourage
the development of permanent low -density residential
47

neighborhoods in Kitty Hawk Village. These districts
are located primarily in areas susceptible to
environmental damage from more intensive uses of the
land.
2. Permitted Uses
The following uses shall be permitted by
right:
(a) Detached single-family dwellings (not to
include mobile homes).
(b) Customary accessory buildings including
private swimming pools and tennis courts.
(c) Town owned or leased facilities.
3. Conditional Uses Permitted
The following uses are permitted subject to
the requirements of this district and additional
regulations and requirements imposed by the Town Council
as provided in Section 8.03:
(a) Churches and cemeteries.
(b) Fire stations, schools and other public
buildings.
(c) Home occupations.
(d) Private clubs including boat launching
areas, golf courses, tennis courts, community centers,
libraries, picnic areas, beach clubs, and concessions
integral thereto provided that there is no open
commercial activity and no sign other than a
directional sign is allowed.
0 (e) Public utility facilities (must provide
48

a vegetated buffer strip at least 10 feet in height
• where the facility abuts a residential lot or use.)
4. Dimensional Requirements
(a) Minimum lot size: 15,000 square feet
(b) Minimum lot width: 75 feet
(Measured at the building set back line)
(c) Minimum front yard: 25 feet
(d) Minimum side yard: 10 feet
An additional 10 foot side yard adjacent
to the street is required for a corner lot.
(e) Minimum rear yard: 25 feet
(f) Maximum allowable lot coverage by
principal use and all accessory structures: 30%
(g) Height Limitation:
(1) Height from Ground Elevation to top
of Top Plate - 27 feet.
(2) Height of habitable floors - 19
f eet.
(3) Total Height - 35 feet, exclusive
of chimneys, flag poles, communications masts or
aerials, and mechanical appurtenances.
B. -VR-2 MEDIUM DENSITY VILLAGE RESIDENTIAL
DISTRICT
1. Intent
The VR-2 district is intended to encourage
the development of medium density residential -
neighborhoods in Kitty Hawk Village with a mix of
• permanent and short-term seasonal residents, and to
49

serve as
a transition zone between
the low -density area
•
and more
intensely developed areas.
The maximum
density shall not exceed six (6) dwelling units per
acre.
2. Permitted Uses
The following uses shall be permitted by
right:
(a) Detached single-family dwellings.
(b) Duplexes with each unit subject to the
dimensional requirements for single-family dwellings in
the district except for the side yards required at any
common walls.
(c) Customary accessory buildings including
private swimming pools and tennis courts.
(d) Mobile Home provided:
(1) It is placed on a foundation and
anchored according to the North Carolina Building Code
for mobile homes in a hurricane area.
(2) The requirements of the Building
Inspector regarding skirting material and skirting area
are complied with except that this shall not apply to
mobile home parks and trailer parks.
(e) Town owned or leased facilities.
3. Conditional Uses Permitted
The following uses are permitted subject to
the requirements of this district and additional
regulations and requirements imposed by the Town
s0

Council as provided in Section 8.03:
(a) Churches and cemeteries.
(b) Fire stations, schools and other public
buildings.
(c) Home occupations.
(d) Private clubs including boat launching
areas, golf courses, tennis courts, community centers,
libraries, picnic areas, beach clubs, and concessions
integral thereto provided that there is no open
commercial activity and no sign other than a
directional sign is allowed.
(e) Public utility facilities.
(f) Planned Unit Developments under the
provisions of Article IV.
• (g) Townhouse developments under the
provisions of Article IV with a density of six (6)
dwelling units per acre.
4. Dimensional Requirements
(a) Minimum lot size:
(1) Single Family Detached Residence:
15,000 square feet except that if served by an approved
public or community sewage disposal system, lot size may
be reduced to 10,000 square feet.
(2) Duplex: 25,000 square feet except
that if served by an approved public or community
sewage disposal system, lot size may be reduced to
15,000 square feet.
(b) Minimum lot width: 75 feet
51

(Measured at the building set back line)
• (c) Minimum front yard: 25 feet
(d) Minimum side yard: 10 feet
An additional 10 foot side yard adjacent
to the street is required for a corner lot.
(e) Minimum rear yard: 20% of lot depth but
need not exceed 20 feet.
(f) Maximum allowable lot coverage by
principal use
(g) Height limitation:
(1) Height from Ground Elevation to top
of Top Plate - 27 feet.
(2) Height of habitable floors - 19
feet.
• (3) Total Height - 35 feet, exclusive
of chimneys, flag poles, communications masts or
aerials, and mechanical appurtenances.
C. -VR-3 HIGH DENSITY VILLAGE RESIDENTIAL
DISTRICT
1. Intent
The VR-3 district is established as an area
in Kitty Hawk Village in which the principal use of the
land is for high density residential purposes not to
exceed ten (10) dwelling units per acre. The district
also provides for the development of less intensive
residential uses as well as compatible supporting uses.
2. Permitted Uses
• The following uses shall be permitted by
52

right:
(a) Multi -family dwellings.
(b) Duplexes.
(c) Detached single-family dwellings.
(d) Customary accessory buildings including
private swimming pools.
(e) Private piers.
(f) Private parks and playgrounds.
(g) Mobile home provided:
(1) It is placed on a foundation and
anchored according to the North Carolina Building Code
for mobile homes in a hurricane area.
(2) The requirements of the Building
Inspector regarding skirting material and skirting area
are complied with except that this shall not apply to
mobile home parks and trailer parks.
(h) Town owned or leased facilities.
3. Conditional Uses
The following uses are permitted subject to
the requirements of this district and additional
regulations and requirements imposed by the Town
Council as provided in Section 8.03:
(a) Church.
(b) Cemeteries.
(c) Temporary construction office.
(d) Docks and/or marina.
(e) Public parks and playgrounds.
. (f) Golf course.
53

(g) Greenhouse or plant nursery.
(h) Home occupation.
(i) Hospital, medical clinic, nursing home.
(j) Private club or lodge.
(k) Public buildings.
(1) Public utility facilities.
(m) Planned Unit Development under the
provisions of Article IV.
(n) Mobile home parks under the provisions
of Section 5.10.
4. Dimensional Requirement
(a) Minimum lot size:
(1) Single Family Detached Residence:
15,000 square feet except that if served by an approved
• public or community sewage disposal system, lot size
may be reduced to 71500 square feet.
(2) Duplex: 25,000 square feet except
that if served by an approved public or community
sewage disposal system, lot size may be reduced to
12,500 square feet.
(3) Multi -Family Dwellings: must be
served by an approved public or community sewage
disposal system. 71500 square feet for first dwelling
unit. 4,000 square feet for each additional dwelling
unit.
(b) Minimum lot width: 60 feet
(Measured at the building set back line)
(c) Minimum front yard: 25 feet
54

(d) Minimum side yard: 8 feet
An additional 8 foot side yard adjacent
to the street is required for a corner lot.
(e) Minimum rear yard: 20% of lot depth but
need not exceed 20 feet
(f) Maximum allowable lot coverage by
principal use and all accessory structures: 30%
(g) Height limitation:
(1) Height from Ground Elevation to top
of Top Plate - 27 feet.
(2) Height of habitable floors - 19
feet.
(3) Total Height - 35 feet, exclusive of
chimneys, flag poles, communications masts or aerials,
and mechanical appurtenances.
D. VC- (VILLAGE COMMERCIAL DISTRICT)
1. Intent
The Village Commercial District is
established to provide for the proper grouping and
development of accessory commercial facilities together
with residential uses to serve permanent residents and
the general public.
2. Permitted Secondary Accessory Uses
The following commercial uses are secondary
accessory uses to the primary residential use and shall
be permitted by right:
(a) Offices including such uses as:
• (1) Business
55

(2) Financial
• (3) Governmental (4) Medical and professional
(b) Accessory retail stores, including such
uses as:
(1)
Books
(2)
Cameras.
(3)
Candy
(4)
Clothing
(5)
Craft goods
(6)
Dry goods
_ (7)
Drugs
(8)
Flowers
(9)
Gifts
. (10)
Hardware
(11)
Hobby goods
(12)
Jewelry
(13)
Leather goods
(14)
Magazines
(15)
Notions
(16)
Sporting goods
(17)
Toys
(18)
Fruit and vegetable stands
(c) Secondary accessory retail stores,
including such uses as:
(1) Antiques/Used furniture
• (2) Household appliances
56

(d) Accessory service establishments,
including such uses as:
(1) Barber and beauty shops
(2) Churches
(3) Shoe repair
(4) Minor home repair/maintenance
(5) Home occupation
(6) Small engine repair
(e) Detached single family dwellings and
duplexes as per the Dimensional Requirements for
Village Commercial District listed below. Mobile homes
are permitted provided such are properly secured and
have skirts as provided by North Carolina law.
(f) Town owned and leased facilities.
• (g) The accessory commercial use must be of
and by the owner and person in lawful possession of the
property or lot upon which the accessory use is made.
3. Dimensional Requirements
(a) Minimum lot size:
(1) Lots shall be of sufficient size to
meet requirements of the Dare County Health Department,
to provide adequate siting for structures, and to
provide parking, loading and maneuvering space for
vehicles as required by Section 5.08. In addition, a
ten (10) foot visual buffer of trees or screen type
shrubs, with a growth of approximately ten (10) feet
within five (5) years, shall be required.
(2) On any lot with an area of two (2)
57

acres or less,
on which there exists a residential
dwelling, only
one accessory structure shall be
permitted for
commercial use.
(3) Single Family Detached Residence:
15,000 square
feet.
(4) Duplex: 25,000 square feet.
(b)
Minimum front yard: 15 feet.
(c)
Minimum side yard: 15 feet. No side
yard required
if accessory commercial building is
constructured
with a common wall. An additional five
(5) foot side
yard adjacent to the street is required
for a corner lot.
(d)
Minimum rear yard: 20 feet.
(e)
Maximum allowable lot coverage by
principal use
and accessory structures: 50 percent.
[Amended 10-5-81]
(f)
Height limitations:
(1) Height from Ground Elevation to top
of Top Plate -
27 feet.
(2) Height of habitable floors - 19
feet.
(3) Total Height - 35 feet, exclusive
of chimneys, flag poles, communications masts or
aerials or mechanical appurtenances.
(g) The secondary accessory commercial use
shall not exceed an enclosed area greater than 800
sq. ft.
58

E. -VC-3 COMMERCIAL DISTRICT
1. Intent
The VC-3 district is established to provide
for the development of commercial facilities in Kitty
Hawk Village to furnish a broad range of services and
commodities to serve the entire community.
2. Permitted Uses
The following uses shall be permitted by
right:
(a) All permitted uses allowed within the
VC-2 General Village Commercial District.
(b) Automobile sales and service.
(c) Indoor recreation activities.
(d) Building supply and equipment sales.
• (e) Plumbing supply and equipment sales.
(f) Cabinet and woodworking shops.
(g) Bus terminals.
(h) Building contractors offices and storage
areas.
(i) Farm machinery supplies, sales, and
repairs.
(j) Mobile home or recreational vehicle
display and sales.
(k) Boat display and sales.
(1) Town owned or leased facilities.
3. Conditional Uses
The following uses are permitted subject to
the requirements of this district and additional
59

regulations and requirements imposed by the Town
Council as provided in Section 8.03:
(a) Automobile service station, provided
that no principal or accessory building shall be
located within fifty (50) feet of a residential use or
district and provided that there shall be no storage of
wrecked or abandoned cars, and that no portion of a
service station building, equipment or gas pumps shall
be nearer than twenty-five (25) feet to any right of
way. No more than 3 gas pumps in conjunction with a
use permitted by right under above, provided that no
principal or accessory building shall be located within
fifty (50) feet of a residential use or residential
district and that such gas pumps shall be set back at
• least twenty-five (25) feet from any right of way.
(b) Public utility facilities.
(c) Seafood market.
(d) Outdoor Recreation Activities: Outdoor
recreation activities including amusement parks, rides
and other similar activities may be permitted subject
to other requirements of this ordinance and provided
the following conditions are met:
(1) The site shall not be located
closer than 500 feet to any residential zoning
district.
(2) Paved parking shall be provided at
• the rate of one parking space for every 100 square feet
MR

of land area included in the site exclusive of,that
required for parking and maneuvering of automobiles and
the area required for buffering in sub -paragraph (5)
below.
(3) Holding lanes shall be provided on
the site for automobiles entering and leaving the site
to minimize traffic congestion on public roads.
(4) Loudspeakers or sound amplification
devices which are audible over 100 feet from the site
shall not be permitted.
(5) The entire site shall be buffered
by dense vegetative planting or natural vegetation not
less than eight feet in height and ten feet in width..
Suitable plan types for a,site not containing natural
. vegetation shall be those recommended for the coastal
area by the U. S. Department of Agriculture such as
Japanese Pine, Bay Berry, Wax Myrtle or other types
which will reach a matured growth of eight to ten feet
within three years.
(e) For a period of not more than one (1)
year, a mobile home may be used for legal, medical,
accounting, and dental office uses or financial uses by
state or nationally regulated financial organizations
(such as banks and savings and loan associations)
provided a conditional use permit has been issued by
the Town Council and all requirements therefor have
been satisfied including, but not limited to, the
• following:
61

(1) The mobile home is placed on a
• foundation and anchored according to the North Carolina
Building Code for mobile homes in a hurricane area.
(2) The requirements of the Building
Inspector regarding skirting material and skirting area
are complied with.
4. Dimensional Requirements
(a) Minimum lot size:
Commercial lots shall be of sufficient
size to meet requirements of the Dare County Health
Department, to provide adequate siting for structures,
and to provide parking loading and maneuvering space
for vehicles as required by Section 5.08 of this
ordinance. In addition, a visual buffer is required
where a commercial use or zone abuts a residential use
or zone.
(b) Minimum front yard: 15 feet
(c) Minimum Side Yard: ten (10) feet except
that zero lot lines are permitted where access is
provided to the rear of each commercial building or use
with a zero lot line from a public street or highway.
This exception shall not apply to corner lots. Corner
lots shall have an additional five (5) foot side yard
adjacent to the street.
(d) Minimum rear yard: 20 feet
(e) Maximum allowable lot coverage by
. principal use and all accessory structures: 60%
62

(f) Height limitation:
(1) Height from Ground Elevation to top
of Top Plate - 27 feet.
(2) Height of habitable floors - 19
feet.
(3) Total Height - 35 feet, exclusive
of chimneys, flag poles, communications masts or
aerials or mechanical appurtenances.
F. VI VILLAGE INDUSTRIAL DISTRICT
1. Intent
The Industrial District is established to
provide for the development of commercial and
industrial facilities in Kitty Hawk Village to better
furnish a broad range of services and commodities to
• serve the entire community including but not limited to
such facilities as commercial laundry, food and
beverage warehousing and processing, building supply
facilities, construction equipment storage and
servicing, manufacture, production and marketing of
concrete and concrete products and other similar uses.
2. Permitted Uses
(a) All permitted uses in a VC-3 Commercial
District.
(b) Builders and contractors supplies and
storage areas.
(c) Construction materials processing and
storage.
(d) Commercial dry cleaning and laundry.
63

(e) Food and beverage processing and
. storage.
(f) Industrial equipment sales and repair.
(g) Public utility facilities.
(h) Plumbing, heating and mechanical
contractor's supplies, sales, and fabrication.
(i) Sheet metal fabrication.
(j) Truck terminals.
(k) Wholesale warehouse operations.
(1) Manufacture, production and marketing of
concrete and concrete products.
(m) Town owned or leased facilities.
(n) Mobile homes as provided for under VR-2.
3. Conditional Uses
Other uses generally intended for this
District but not itemized above as allowed by the Town
Council as provided in Section 8.03.
4. Dimensional and Development
(a) All uses within an VI-1 District which
are permitted uses in AV-3 Village Commercial District
shall conform to the dimensional requirements set out
for the VC-3 Village Commercial District.
(b) Except as set out above, permitted uses
within an VI-1 District shall be required to meet the
following standards:
(1) No portion of a building or open
• storage or processing area shall be closer than 75 feet
64

to a residential district boundary.
(2) Individual lot sizes for a
permitted Industrial District use shall not be less
than 1 acre in size.
(3) Any unstabilized soil exposed
during construction shall be stabilized with vegetative
cover to prevent erosion by wind or surface water.
(4) No use shall be permitted in an VI-1
District which has noxious, harmful or deleterious
effect on other development.
(5) No more than 35% of an individual
lot maybe covered with buildings, parking area or other
surfaces impervious to water.
(6) Off-street parking requirements of
Section 6.01 shall apply except that no off-street
parking or loading space shall be located closer than
fifty (50) feet to a residential district boundary or
use.
SECTION 3.03 KITTY HAWK WOODS
A. WR-WOODS RESIDENTIAL DISTRICT
1. Intent
The WR district is intended to encourage the
development of permanent low -density residential
neighborhoods in Kitty Hawk Woods. These districts are
,located primarily in areas susceptible to environmental
damage from more intensive uses of the land.
2. Permitted Uses
65

The following uses shall be permitted by
right:
• (a) Detached single-family dwellings (not to
include mobile homes).
(b) Customary accessory buildings including
private swimming pools and tennis courts.
(c) Town owned or leased facilities.
3. Conditional Uses Permitted
The following uses are permitted subject to
the requirements of this district and additional
regulations and requirements imposed by the Town
Council as provided in Section 8.03:
0 buildings.
(a) Churches and cemeteries.
(b). Fire stations, schools and other public
(c) Home occupations.
(d) Private clubs including boat launching
areas, golf courses, tennis courts, community centers,
libraries, picnic areas, beach clubs, and concessions
integral thereto provided that there is no open
commercial activity and no sign other than a
directional sign is allowed.
(e) Public utility facilities (must provide
a vegetated buffer strip at least 10 feet in height
where the facility abuts a residential lot or use.)
4. Dimensional Requirements
(a) Minimum lot size: • 15,000 square feet
(b) Minimum lot width. 75 feet
66

(Measured at the building set back line)
• (c) Minimum front yard: 25 feet
(d) Minimum side yard: 10 feet
An additional 10 foot side yard adjacent
to the street is required for a corner lot.
(e) Minimum rear yard: 25 feet
(f) Maximum allowable lot coverage by
principal use and all accessory structures: 30%
(g) Height Limitation:
(1) Height from Ground Elevation to top
of Top Plate - 27 feet.
(2) Height of habitable floors - 19
feet.
• (3) Total Height - 35 feet, exclusive
of chimneys, flag poles, communications masts or
aerials, and mechanical appurtenances.
ARTICLE IV PLANNED UNIT DEVELOPMENT
SECTION 4.01 PLANNED UNIT DEVELOPMENT
The special regulations which are established in
this Article are intended to provide a means of
regulating development which achieves flexibility of
design, the integration of mutually compatible uses,
and optimum land planning with greater efficiency,
convenience, and amenity than the procedures and
regulations under which it is permitted as of right
. under conventional zoning requirements.
67

A. Definition
• For the purposes of these regulations, a
planned development is defined as the complete
development of land which is under central control, or
for which central control mechanisms have been
established. The plan will be in accordance with such
guides and objectives as may be established by the
Planning Board and Town Council.
B. Intent
Within specified Districts created by this
ordinance it is intended to permit, on application and
on approval of detailed site, use, building and
development plans, establishment of planned development
in areas which are suitable with respect to location,
• size, and physical character for development as units.
Suitability of such tracts for the planned development
proposed shall be determined primarily by reference to
the goals and objectives of the Land Development Plan,
by the physical characteristics of the site, and by the
nature of the surrounding development. Within Planned
Unit Developments, regulations adapted to such unified
planning and development are intended to accomplish the
purpose of zoning and other applicable regulations to
the same degree as in districts in which regulations
are intended to control development on a lot -by -lot
rather than unified basis, and to promote economical
and efficient land use, a higher level of amenities,
• appropriate and harmonious variety in physical

development, creative design, and an improved living
and working environment.
In view of the substantial public advantages
of planned development, it is the intent of these
regulations to promote and encourage development in
this form where appropriate in location and character.
C. Relation of PUDD Regulations to General
zoning, Subdivision pt Other Regulations
The provisions which follow shall apply
generally to the initiation and regulation of all
planned development districts. Where there are
conflicts between the special PUD provisions herein and
general zoning, subdivision or other regulations or
requirements, these special regulations shall apply in
• PUDs unless the Town Council shall find in the
particular case:
(1) That provisions herein do not serve
public purposes to a degree at least equivalent to such
general zoning, subdivision or other regulations or
requirements; or
(2) That actions, designs or solutions
proposed by the applicant, although not literally in
accord with these special regulations or general
regulations, satisfy public purposes to at least an
equivalent degree. It is specifically provided,
however, that where dwelling unit density, floor area
and similar ratios have been established by these
69

regulations, the town shall not act in a particular I
case to alter said ratios.
0 Except as indicated above,
notwithstanding procedures and requirements generally
in effect, procedures and requirements set forth herein
and in guides and standards adopted as part of these
regulations for particular classes of PUDs shall apply
in approved PUDs and to issuance of any permits
required therein.
D. Where Permitted
Planned Unit Developments may hereafter be
established as a conditional use in certain zones where
tracts suitable in location and character for the uses
and structures proposed are to be planned and developed
• as units, according to the requirements and procedures
set forth herein. PUDs shall be appropriately located
with respect to intended functions, to the pattern and
timing of development existing or proposed in the
comprehensive plan, and to public and private
facilities, existing or clearly to be.available by the
time development reaches the stage where they will be
needed.
E. Procedures on PiD Approval
Applications for PUD approval shall be
submitted as for other conditional uses. Material
submitted with the application or on request by the
Planning Board or the Town Council shall include all
• plans, ampts, studies, and reports which may reasonably
70

be required to make the determination called for in the
• particular case, with sufficient copies for necessary
referrals and records. More specifically, all of the
following shall be required:
(1) A map or maps showing the proposed
development in relation to its surrounding area
defining the relative size and location of streets,
utilities, schools, and commercial facilities expected
to serve the area.
(2) A survey report covering soil
conditions, drainage, topography, location and
character of surface water, flora and fauna and other
such information as may be required to determine if the
is site is suitable for planned unit development without
hazards to occupants or adjoining properties.
(3) An overall preliminary development plan
which shall show:
(a) Proposed major vehicular and
pedestrian circulation systems;
(b) Proposed land uses including
residential densities and non-residential uses;
(c) Proposed plans and regulations for
major reservations of land for parks, parkways,
playgrounds, school sites and other public uses or
facilities; and
(d) Relationship to existing land uses
0 in the surrounding areas.
71

(4) Common Areas
• An area designated on the site
development plan of a PUD as "common area" and on the
subdivision plan as an area to be held in separate
owner.ship for the use and benefit of residents
occupying specified lots shown on such subdivision plan
may be approved as part of such subdivision plan,
provided that it meets the following requirements:
(a) It shall be conveniently accessible
to all residents of the development.
(b) It shall be made available in its
improved state as set forth on the site development
plan in accordance with an approved time schedule.
(c) It shall be maintained in
• accordance with an approved maintenance plan specifying
what such maintenance shall consist of, whose
responsibility it shall be, and assuring satisfactory
execution of maintenance.
(d) Provisions to insure its continuing
availability shall be included in the deed to each
parcel to be served by such common area.
(e) Such other information as may be
required by the Planning Board or the Town Council to
determine the impact of the proposed development on the
town.
F. Approval of ,Site Development Plans
No building permit shall be issued in such
development unless and until the Planning Board and
72

Town Council shall have approved site development plans
• and reports for the development as a whole or stages or
portions thereof deemed satisfactory in relation to
total development. No structure or use other than as
indicated in approved site development plans and
reports shall be permitted.
Approval of site development plans and
reports shall be based on:
(1) Compliance with regulations applying at
the time the land was proposed for PUD use, including
applicable provisions of the Subdivision Regulations,
unless conflicting with these regulations, and related
capital improvement requirements of the Town as regards
construction of physical improvements and bonding
thereof and such specific modifications as were made by
the Town Council in the approved action; or
(2) At the option of the applicant, in
accordance with regulations applying currently. Upon
arrival of site development plans and reports, building
permits shall be issued in the same manner as for
building permits generally, provided that any
requirements concerning the order or location in which
building permits are to be issued in.the particular
development shall be observed. Except as provided
below, final plans and reports approved shall be
binding on the applicant and any successors in interest
so long as planned development status applies to the
73

land.
G. Changes in Approved Site Development Plans
After review of the application by the
Planning Board, the Town Council may permit changes
when requested by the developer, but only on a finding
that such changes are in accord with all regulations in
effect at the time the site development plan or plat
was approved, and in accord with the general interest
and purpose of the comprehensive plan in effect at such
time, provided that the applicant may elect to proceed
in accord with the regulations and comprehensive plan
currently in effect. Changes other than as indicated
above shall be made only by new PUD application.
H. Public Hearings Permissible But Not Mandatory
• in Connection with aite Development Plans
Action in connection with approval of site
development plans or changes in approved plans not
requiring ordinance amendment are administrative, and
do not require public notice and hearing but the
Planning Board and Town Council may hold such hearings
as deemed desirable in connection with such action.
I. Expiration of Time Limits on PUD
If actions required in the PUD are not taken
within time limits set, the Planning Board shall review
the circumstances and recommend to the Town Council
that:
(1) PUD approval for the entire area be
continued with revised time limits; or
74

(2) PUD approval be continued for part of
• the area with revised time limits, and the remainder
returned to conventional zoning control; or
project.
(3) PUD approval be removed from the entire
Such recommendations shall include proposals
for appropriate action with respect to any legal
instruments, dedications, contributions or guarantees
in the case.
J. - DEVELOPMENT PLAN REVIEW PROCEDURE
All development plans for PUD will proceed as
provided by ordinance for processing conditional use
permits, with additional steps as outlined.
Pre -application conference (sketch plan
proposal);
Consideration and recommendation by the Kitty
Hawk Planning Board;
Public hearing and approval by the Town
Council as required;
Final approval of detailed plan(s) by
Planning Board;
Issuance of permits by Zoning Administrator.
1. Pre -application Conference (Sketch Plan
Proposal)
(a) On request by applicants, members of the
Planning Board, the Zoning Administrator and the
• .. Building Inspector shall meet with applicants to review
75

the original application, including the developer's
report, if submitted, and the sketch plan of the
proposed Planned Unit Development.
The purpose of such pre -hearing
conference shall be to assist in bringing the report,
if submitted, and the sketch plan as nearly as possible
into conformity with these or other land development
regulations applying in the case, and to define special
variations from application of regulations which would
otherwise apply which seem justified in view of
equivalent services or the public purposes of such
regulations.
(b) In the course of such pre -hearing
conferences, any recommendation for changes shall be
• recorded in writing, and shall become part of the
record in the case.
(1) All such recommendations shall be
supported by stated reasons for the proposal for
change.
(2) Applicants may, in writing,
indicate their agreement to such recommendations, or
their disagreement.
(3) If there is disagreement,
applicants shall, in writing, indicate their reasons
therefor.
(4) Responses by applicants shall also
• be included in the record.
76

(c) Sketch plans may be drawn in such manner
as to minimize initial expense and encourage sufficient
design flexibility to accommodate required changes,
without undue hardship to the developer.
(1) All plans submitted shall be drawn
to appropriate scale; and
(2) Shall show the locations of all
lots, streets, drives, off -streets parking areas and
other pertinent features, together with building
locations, if appropriate.
(d) Developer may submit preliminary plats
in lieu of sketch development plans.
2. Consideration and Recommendation t!y Kitty
Hawk Planning Board
is
(a) Following the pre -application
conference, the Planning Board shall review the
application for Planned Unit Development, including
sketch plan(s) and report(s) or preliminary subdivision
plat(s) if submitted in lieu thereof, together with
written or sketched changes left unresolved after the
pre -application conference.
(b) The Planning Board, or its
representative, when appropriate, shall seek the advice
of the Dare County Health Department, State Department
of Transportation or other agencies as necessary, to
accomplish a complete review of any development plans.
(c) Whenever the Planning Board determines
that the characteristic of a proposed development
77

should be modified to protect the occupants of such
. development, or the public interest, the Board may
recommend reasonable modifications in building
location, driveway location or design, location of
recreation areas or open spaces, lot sizes or other
essential elements of any development plan.
(d) The Planning Board will recommend
approval, or denial, of PUD applications. In its
action, the Planning Board will reflect its views upon
issues left unresolved in the pre -application
conference.
(e) As required by the terms of this
Ordinance, the Planning Board shall forward its
• recommendations to the Town Council in accordance with
established procedures for conditional use permits.
3. Action by the Kitty Hawk Town Council
(a) A public hearing, as provided by
ordinance for rezoning hearings, may be advertised and
held before the Town Council, for any Planned Unit
Development proposed to be established in any
appropriate zoning district.
(b) The Town Council may approve such
application in accord with,PUD and general regulations;
may include specific modifications of PUD and general
regulations, as recommended by the Planning Board; may
return the application to the Planning Board for
• further consideration of specific suggested changes; or
78

may deny the application.
. (c) Upon approval of the Town Council, the
developer is required to submit final detailed plans of
the proposed PUD to the Planning Board, as provided
below.
4. Final Approval of Detailed Plan witty Hawk
Planning Board
(a) Following approval of a proposed Planned
Unit Development (PUD) sketch plan and the approval of
all required rezoning actions, if any, by the Town
Council, detailed plan(s) for the PUD shall be
submitted to the Planning Board by the developer;
provided a preliminary subdivision plat may be
submitted in lieu of detailed plan proposals, if
• necessary information is submitted with such plat to
show proposed building locations, or other features.
(b) Review of detailed plan proposal(s), or
preliminary subdivision plats if submitted in lieu
thereof, shall follow procedures established in the
Kitty Hawk Subdivision Regulations for all
developments, including those proposing private
streets, private common open spaces or private lot
access easements.
5. Issuance of Building Permits hy the Building
Inspector
(a) When a detailed development plan or
. preliminary subdivision plat has been approved by the
Planning Board and approved by the Town Council, if
79

required,.it shall be so certified to the Zoning
Administrator.
(b) Building permits shall be issued by the
Building Inspector only for improvements and
developments on a planned unit development site which
conforms to the approved development plan or
subdivision plat.
R. - PLANNED UNIT DEVELOPMENT STANDARDS AND
REQUIREMENTS
All planned unit developments shall conform to the
following standards and requirements:
1. Minimum Size gf Site
A planned unit development site shall not be
• less than five (5) acres in size.
2. Maximum Unit Density
(a) The maximum unit density permitted in
any PUD created within an R-2 (Medium Density
Residential) District shall be six (6) dwelling unit
per net acre.
(b) The maximum unit density permitted in a
PUD created within an R-3 (High Density Residential)
District shall be ten (10) dwelling units per acre.
(c) The maximum unit density permitted in
any PUD created within an RS-6 (Multi -Family
Residential) District shall be six (6) dwelling units
Per net acre.
• 3. Number of Buildings

More than one (1) principal building may be
permitted on a lot in a planned unit development,
provided each principal building is designed and
arranged to conform with a development plan approved by
the Planning Board and the Town Council.
4. Minimum Lot Area
Minimum lot area per dwelling unit shall be
twelve hundred (1200) square feet.
feet.
5. Minimum Lot pJidth
Minimum lot width shall be eighteen (18)
6. Minimum Buffer Recui red
No structure, parking area or other use,
except open spaces for recreational or decorative
• purposes, shall be erected or established within a
distance of thirty-five (35) feet from any planned unit
development project exterior boundary line or perimeter
line.
Provided, such restriction shall not apply to
any interior development line or "phase line", or to
any exterior boundary line or perimeter line which
abuts a non-residential zoning district boundary line.
7. Off -Street Parking and Loading Facilities
All off-street parking and loading facilities
established as a part of a planned unit development
shall conform to the requirements and design standards
established by this Ordinance.
8. Preservation of Noteworthy Features
81

In all Planned Unit Developments, to the
• maximum degree reasonably practicable, efforts shall be
made to preserve historic sites, scenic points, large
trees and other desirable natural growths, watercourses
and other water areas, and other features worthy of
preservation, either as portions of public sites and
open spaces, or in such other form as to provide
amenity to the neighborhood.
(a) Large trees or other desirable natural
growth located in public or private right of ways or
public or private easements shall not be removed unless
such removal is necessary for the installation of
utilities or drainage structures or for other purposes
in the public interest.
(b) Such removal may be prohibited if the
amenity of adjacent property, or the amenity of the
general neighborhoods, is adversely affected.
L. - USES PERMITTED
1. Additional uses permitted to be established
in a Planned Unit Development shall only be those uses
permitted in the Low Density Residential (R-1) zoning
district, except that:
(a) In developments comprising one hundred
(100) or more dwelling units, "convenience" commercial
establishments may be permitted to be established to
provide the following services and facilities for
• residents of the development and their guests.
EM

(1) Food stores.
(2) Drug stores.
(3) Barber or beauty shops.
(4) Restaurants.
(5) Professional offices.
(6) Similar or related uses.
(b) Total maximum floor area of all
convenience commercial uses established as part of any
project shall not exceed five (5) percent of the total
floor area of the project, or twenty-five thousand
(25,000) square feet, whichever is less.
(c) Off-street parking areas shall be
provided for each use as required by this Ordinance.
(d) Uses established shall be designed and
• scaled to meet only the needs of residents of the
development and their guests.
(e) One non -illuminated sign shall be
permitted per use established. Maximum sign area shall
be ten (10) square feet.
(f) No commercial use, or sign established
therewith, shall be visible from any adjacent street
outside of the planned unit development.
2. Building permits shall be issued for
"convenience" shopping facilities only after permits
have been obtained by the developer for the minimum
number of dwelling units required as a prerequisite for
such facilities.
3. Business licenses shall be issued for
83

"convenience" shopping operations only after at least
fifty percent (50%) of construction has been completed
on all the minimum required dwelling units.
ARTICLE V
GENERAL PROVISIONS
SECTION 5.01 - REDUCTION OF LOTS OR AREAS BELOW MINIMUM
No yard or lot existing at the time of passage of
this ordinance shall be reduced in dimension of area
below the minimum requirements set forth herein.
Yards or lots created after the effective date of
this ordinance shall meet at least the minimum
requirements established by this ordianance.
• SECTION 5.02 - LOCATION OF ADDED TERRITORY
All territory not included under the provisions of
this ordinance hereafter added to the zoned area shall
be considered to be in the same classification as
contiguous property until otherwise classified.
SECTION 5.03 - ONE PRINCIPAL BUILDING ON ANY LOT
Only one (1) principal building and its customary
accessory buildings may hereafter be erected on any lot
except as authorized in this ordinance for Planned Unit
Development and in Section 3.13 below.
SECTION 5.04 - LOT ACCESS REQUIREMENTS
No structure requiring a building permit shall be
m

erected on any lot which:
A. does not abut either a public right of way or
• a private street or easement at least 30 feet in width
which has been approved in accordance with the
provisions of this ordinance and recorded by the
Register of Deeds of Dare County, or
B. does not have a cartroad, lane or other
access to a public street or highway which access is
described in an instrument recorded in the Register of
Deeds office of Dare County prior to adoption of this
ordinance or described and sworn or affirmed to by
affidavits presented to the Zoning Administrator
setting forth the fact that the same existed prior to
adoption of this ordinance.
• SECTION 5.05 - VISION CLEARANCE AT INTERSECTIONS
On a corner lot which abuts a state maintained
right of way in any district no planting, structure,
fence, wall or other obstruction to vision more than
three (3) feet in height shall be placed or maintained
within the triangular area formed by the intersecting
street right-of-way lines and a straight line
connecting points on said street lines each of which is
twenty-five (25) feet distance from the point of
intersection. On all right of ways.proper setback for
vision clearance shall be determined by the Zoning
Administrator but in no case shall the requirement
0 exceed that stated above.
161

SECTION 5.06 - WALLS AND FENCES
• The setback requirements of these regulations
shall not prohibit any necessary retaining wall or
prohibit any wall or fence. However, within or
abutting any Residential District, no wall or fence
shall exceed six (6) feet in height and within any
commercial or industrial districts no fence shall
exceed ten (10) feet in height.
SECTION 5.07 - REDUCTION OF FRONT YARD SETBACK
REQUIREMENTS
In any Residential District, where the average
setback distance for existing buildings on all lots
located wholly or partly within two hundred (200) feet
• of any lot, and within the same zoning district and
fronting on the same side of the same street as such
lot, is less than the minimum setback required in said
zoning district, the setback on said lot may be less
than the required setback, but not less than the
existing average setback distance for all lots within
the two hundred (200) feet and in no instance shall the
setback be reduced to less than fifteen 1151 feet.
When lots within the two hundred (200) feet are vacant,
said vacant lots shall be considered as having the
minimum required setback for the purpose of computing
an average setback distance.
• SECTION 5.08 - OFF-STREET PARKING REQUIREMENTS

At the time of erection of any building or
structure, or at the time any main building or
• structure is enlarged or increased in capacity by
adding dwelling units, guest rooms, seats or floor
area, or before conversion from one zoning use or
occupancy to another, permanent off-street parking
space shall be provided according to the amounts and
specifications provided by this section.
A. General Provisions
(1) Each parking space shall have a minimum
length of twenty (20) feet and a minimum width of ten
(10) feet. It shall have vehicular access to a
publicly dedicated street or alley, except as
authorized.in this ordinance for Planned Unit
• Development;
(2) With the exception of required spaces for
single-family and two-family dwelling units, sufficient
maneuvering space shall be provided so that no vehicle
will be required to back into the public right of way;
(3) No parking spaces for residential use, except
for single-family and two-family use, shall be located
in the required front yard;
(4) Required parking spaces and driveways for
other than single-family and two-family uses shall be
graded, improved and maintained in a manner which will
provide a dust -free surface permitting safe and
convenient use in all weather conditions;
• (5) Required off-street parking spaces are
87

permanent areas and shall not be used for any other
. above ground purpose;
(6) For uses not specifically mentioned herein,
off-street parking requirements shall be applied by the
Building Inspector based upon requirements for similar
uses, established herein;
(7) All space requirements which are based upon
employment shall be computed on the basis of the
greatest number of persons on duty at any one period
during the day or night. In instances where
calculations indicate a portion of one (1) space is
required, an additional full space shall be provided;
(8) Each application for a building permit or
certification of occupancy submitted to the Zoning
• Administrator shall include information as to the
location and dimensions of off-street parking and
loading space and the means of ingress and egress to
such space. This information shall be in sufficient
detail to enable the Zoning Administrator to determine
whether or not the requirements of this Section are
met;
(9) The required parking space for any number of
separate uses may be combined in one lot but the
required space assigned to one use may not be assigned
to another use, except that one-half of the parking
space required for churches, theaters, or assembly
. halls whose peak attendance will be at night or on

Sundays may be assigned to a use which will be closed
at night or on Sundays;
(10) If the off-street parking space required by
this Ordinance in any district except a Residential
District cannot be reasonably provided on the same lot
on which the principal use is located, such space may
be provided on any land within four hundred (400) feet
of the main entrance to such principal use. Said land
shall be used for no other purpose so long as no other
adequate provisions of parking space meeting the
requirements of this Ordinance have been made for the
principal use. In such cases, the applicant for a
permit for the principal use shall submit with his
application for a building permit an instrument duly
• executed and acknowledged, which subjects said land to
parking use in connection with the principal use for
which it is made available for a period of 20 years with
an option for renewal for an additional period of ten
years. The applicant shall deposit the necessary fee
and, upon the issuance of a building permit, the Zoning
Administrator shall cause said instrument to be
registered in the office of the Register of Deeds of
Dare County;
(11) Any off-street parking space required by any
use permitted in any Residential District shall be
provided on the same lot with the use by which it is
required. Off-street parking space in conjunction with
commercial and industrial uses in other districts shall
89

not be permitted in a Residential District;
0 (12) Where off-street parking is provided between
the building line and the street right-of-way line for
any business use a buffer strip of at least five (5)
feet in width shall be provided adjacent to such street
right-of-way line. Curb cuts through such buffer
strips shall be located no closer than thirty (30) feet
unless otherwise approved by the Planning Board.
n
•

B. Requirements for Parking Lots
Where parking space for five (5) or more cars is
permitted or required, the following provisions shall
be complied with:
(1) Yards. No parking lot shall be located
closer than ten (10) feet to a public right of way.
The area between the parking lot and street right of
way shall be planted and maintained in lawn or other
appropriate planting, or shall be improved otherwise as
approved in site plan review;
(2) Curb Bumpers. The required front and
side yards shall be set off from the parking area by a
fixed curb approved by the Zoning Administrator, not
less than eight (8) inches or more than two (2) feet
• high;
(3) Lighting. Any lighting shall be so
arranged as to direct the light and glare away from
streets and adjacent property;
(4) Surfacing. All parking lots shall be
provided with a dust proof surface with adequate
drainage facilities;
(5) Drainage. Parking lots shall not drain
onto or across public sidewalks, or into adjacent
propery except into a natural water course or a
drainage easement;
(6) Markings. Each parking space shall be
marked off and maintained so as to be distinguishable;
91

(7) Entrances. On all corner lots, no
vehicular openings
shall be located
at closer than
fifteen (15) feet
from the point of
intersection of the
established street right-of-way lines. No entrance or
exit, whether on a corner lot or not, shall exceed
thirty (30) feet in width at the property line, or
forty (40) feet at the curb line. There shall be a
minimum distance between one-way driveways of twenty-
five (25) feet measured along the curb line;
(8) Internal Circulation. The internal
circulation plan of parking lots shall be approved by
the Zoning Administrator;
(9) solid Waste Container Requirements.
Sufficient space shall be provided on the premises for
the location of a solid waste container or containers
as required by the ordinance of the Town of Kitty Hawk
which regulates the collection and disposal of trash
and garbage. Such solid waste container location may
be in a required parking lot provided, however, that
such location does not occupy a required parking space
or maneuvering space and further provided that such
solid waste container location shall provide convenient
and safe access to the servicing vehicle.
C. Minimum Parking Requirements
The number of off-street parking spaces required
by this section shall be provided on the same lot with
the principal use except as provided in Subsection
A(10) and the required number of off-street parking
92

U
0
spaces specified for each use shall be considered as
the absolute minimum. Where a fraction of a space is
required by this ordinance the next whole number shall
be provided. In addition, a developer shall evaluate
his own needs to determine if they are greater than the
minimum specified by this ordinance.
(1) Residential and
Related Uses
Single -Family Detached
Dwelling Units and
Town Houses
Multi -Family Residence
Group Housing Projects
and Condominiums
Hotel, Tourist Home,
Motel, Motor Court,
Rooming or Boarding
House
Required Parking
Two (2) parking spaces
for each dwelling unit
2.5 parking space on
the same lot for each
unit
1.5 parking spaces for
each room to be rented
plus one (1) additional
parking space for each
three (3) employees
Doctor's or Dentist's Three (3) parking spaces
Office in Own Residence per office or home
occupation in addition
to residence require-
ments
Professional Office Two (2) parking spaces
(other than Doctor or per office or home
Dentist) in Own occupation in addition
Residence to residence require-
ments
(2) Public and Semi -Public
Uses
Hospital
Clinic
93
Required Parking
One (1) parking space
for each two (2) beds
intended for patient
use, one space for each
resident physician and
one space for each two
employees
Ten (10) parking spaces
minimum plus five (5)

0
i
parking spaces for each
doctor assigned plus one
(1) parking space for
each employee except
where no more than two
(2) doctors or two (2)
dentists are practicing
in the same building,
the number of parking
spaces per doctor or
dentist need not be more
than five (5) spaces and
not more than one (1)
space per staff
employee.
Nursing Home One (1) parking space
for each five (5) beds
intended for patient
use, and one space for
each three (3) employees
Churches One (1) parking space
for each four (4) seats
in the sanctuary
Elementary School and One (1) parking space
Junior High School for each classroom and
administrative office
Senior High School
Stadium
One (1) parking space
for each five (5)
students for which the
building was designed
plus one (1) parking
space for each class-
room and administrative
office
One (1) parking space
for each two (2) specta-
tor seats
Auditorium One (1) parking space
for each two (2) seats
in the largest assembly
room
Public or Private
Clubs
Public Utility
M
One (1) parking space
for each two hundred
(200) square feet of
gross floor space
One (1) parking space
for each employee.

0
0
(3) Retail and Office Uses
General or Professional
Offices and Banks
(other than Doctors,
Dentists. See Clinic
Requirements)
Restaurant, Cafe or
Public Eating Place
Drive -In Restaurant
or Refreshment Stand
Grocery Stores,
Furniture and
Appliance Store
Fishing Piers
Indoor Entertainment
Facilities Including
Bowling Alleys, Dance
Halls, Skating Rinks,
Amusement Arcades and
Similar Facilities
Outdoor Entertainment
Facilities Including
Amusement Parks,
Miniature Gold Course,
and Similar Facilities
95
With customer service
facilities, a minimum
of five (5) additional
spaces
Required Parking
One (1) parking space
for each two hundred
(200) square feet of
gross floor space plus
one (1) space for each
two (2) employees
One (1) parking space on
every three (3) customer
seats, plus one (1)
additional parking space
for each three (3)
employees
Thirty (30) parking
spaces in addition to
the requirements for
restaurant, cafe or
public eating place
One (1) parking space
for each 350 square
feet of gross floor area
A minimum of 25 parking
spaces with one (1)
additional parking space
for each 200 square feet
of gross floor space
under cover
One (1) parking space
for each 100 square feet
of gross floor area and
one (1) additional space
for each two (2)
employees
One (1) parking space
for each one hundred
(100 ) square feet of
gross ground area
exclusive of the area
required for parking,
and one (1) additional
space for each two (2)
employees

Theaters
One (1) parking space
for each three (3) seats
in the auditorium
• Funeral Home One (1) parking space
for each four (4) seats
in the chapel or parlor
0
n
U
Retail Uses Not
Otherwise Listed
One (1) parking space
for each 350 square feet
of gross floor space in
addition to the required
number of spaces for
employee parking. Gross
floor space may exclude
floor space used solely
for storage and which is
inaccessible to the
public; however, if
floor area not open to
the public is excluded,
a recordable instrument
(approved as to form by
the town) must be filed
with the Register of
Deeds of Dare County
limiting the excluded
area to either storage
or other uses supportive
of the primary business
use and which prohibits
public access to the
excluded area.
The following shall apply to all commercial
establishments:
(a) All commercial establishments will have
a minimum of five (5) customer parking spaces in
addition to the employee parking spaces.
(b) If the building and parking lot cover
more than sixty percent (60%) of any commercial site,
then thirty percent (30%) of the parking lot area must
be constructed of approved permeable material, and in
such event, the edge of the parking lot area may extend

to a point five (5) feet from the boundary line of the
lot.
•
(c)
If the
building
and
parking
lot area
cover less than
sixty
percent
(60%)
of the
total lot
C�
0
area and the parking lot is constructed completely of
impermeable material, then a distance of fifteen (15)
feet shall be maintained between the edge of the
parking lot and the property lot line.
(d) Curb or bumpers are required to
designate parking spaces on permeable material areas.
(4) Wholesale Uses and
Warehouses
Wholesale Uses
Industrial Use
D. Off -Street Loading
Required Parking
One (1) parking space
for each employee on
the largest shift
Two (2) parking spaces
for each three (3)
employees on the
largest shift
Where off-street loading space is required under
the dimensional requirements of a particular district,
one or more loading berths or other space shall be
provided for standing, loading and unloading operations
either inside or outside a building and on the same or
adjoining premises with every building or structure
erected after the enactment of this ordinance all to be
in accordance with the requirements of the following
table. A loading berth shall have minimum plan
dimension of 12 feet by 25 feet and a 14 foot overhead
97

clearance. A loading space need not be necessarily a
full berth but shall be sufficient to allow normal
• loading and unloading operations of a kind and
magnitude appropriate to the property served thereby.
The Zoning Administrator shall determine the
sufficiency of loading space but in no case shall the
use of such space hinder the free movement of vehicles
and pedestrians over a street, sidewalk or alley.
USE CLASSIFICATION
Retail operation, including
restaurant and dining facili-
ties within hotels and office
buildings, with a total usable
floor area of 20,000 square
feet or more devoted to that
purpose
Retail operations, and all
first floor non-residential
uses, with a gross floor area
. of less than 20,000 square
feet, and all wholesale and
light industrial operations
with a gross floor area of
less than 10,000 square feet
Office building and hotels
with a total usable area of
100,000 square feet or more
devoted to such purposes
•
Industrial and wholesale
operations with a gross
floor area of 10,000 square
feet or over and as follows:
10,000
- 40,000
square
feet
40,000
- 100,000
square
feet
100,000
- 160,000
square
feet
160,000
- 240,000
square
feet
240,000
- 320,000
square
feet
320,000
- 400,000
square
feet
Each 90,000 square feet above
400,000 square feet
4:3
1
2
3
4
5
6
E1
SPACE REQUIREMENTS
One (1) loading berth
for every 20,000
square feet of floor
area
A loading space (not
necessarily a full
berth) as defined in
this Section next
above.
One loading berth for
every 100,000 square
feet of floor area
Minimum number of
loading berths
required:

SECTION 5.09 - WATER SUPPLY AND SEWAGE DISPOSAL
• REQUIREMENTS
A. Approval. Each application for a building
permit or a conditional use permit or a certificate of
occupancy shall be accompanied with plans of the
proposed methods of water supply and sewage disposal in
a form acceptable to the appropriate authorizing
agency. No excavation or construction for any building
or use of land shall be commenced until subsequent
approval is noted on the plan for proposed development
and a building permit is issued.
B. Method To Be Specified. Any such application
shall specify the method or methods to be used and
shall describe any special conditions to be met. Such
methods, and the approvals required, include the
following:
(1) Connection to public sewerage or water
systems operated by a municipality, sanitary district,
or other governmental agency: connection approval by
an authorized officer of such systems.
(2) Connection to community sewerage or
water systems operated by a responsible person, firm or
corporation other than a governmental agency:
connection approval by an authorized officer of such
systems.
(3) Installation of other than public or
0 community sewerage systems: design approval by the
99

Dare County Health Department.
C. System Approval. The sewerage and water
systems to which connections are to be made shall be
authorized as follows:
(1) Water Supply
(a) Individual supply approval by Dare
County Health Department.
(b) For ten to twenty-five dwelling
units, approval by the North Carolina Board of Health.
(c) For twenty-five or more dwelling
units, approval by the North Carolina Board of Health
and the North Carolina Utilities Commission.
(2) Sewage Collection and Treatment
(a) For a septic tank, approval by the
• Dare County Health Department.
(b) For a sewerage system serving
facilities regulated by the State Board of Health,
i.e., institutions, restaurants, motels, etc., approved
by the Dare County Health Department.
(c) For a sewerage system serving all
0
other uses, i.e., industry, commerce, communities,
etc., approval by the North Carolina Department of
Water and Air Resources when applicable.
The person, firm, or corporation operating a
community water system for 25 or more customers or a
sewerage system for which a rate is charged shall hold
a Certificate of Public Convenience and Necessity from
100

the State Utilities Commission, and there shall be
recorded with a plat of the property the written
0 affidavit of a registered engineer, engaged in the
independent practice of civil engineering, that water
and sewer mains and laterals comply with pertinent
standards of the North Carolina State Board of Health,
as existing or as may hereafter be amended, and that
such mains and laterals are installed to and approved
in writing by the North Carolina State Board of Health;
and a bond or bond, or trust instruments, or other form
of written assurance, satisfactory to the Town Council,
assuring the continuous proper maintenance and
operation of such sewerage and water systems.
SECTION 5.10 - REGULATIONS GOVERNING MOBILE HOME PARRS
• AND TRAILER PARRS
All mobile homes, trailers and campers shall
hereafter be located for occupancy in a mobile home
park or trailer park only as provided for in this
Ordinance.
A. General Regulations
(1) Location and Maintenance of Parks. No
person may maintain, operate or occupy a mobile home or
travel trailer park in the Town of Kitty Hawk unless
such park has been located in.accordance with this
Ordinance.
(2) Application for Park Permit.
Application for a permit to develop, operate, alter or
•
101

maintain a mobile home or trailer park shall be made to
the Zoning Administrator upon forms supplied by that
• office. The permit fee shall be $5.00 for each park
plus the current minimum building permit fee
established by the Town of Kitty Hawk will be required
for each proposed space within the park. Any permits
for buildings to be constructed on the site shall be
accompanied by the normal fee. The application for a
permit shall include the following:
(a) A plan for the general layout of
the park containing the information required below.
(i) The area to be used for the
park showing property lines and adjacent zoning and
land use;
(ii) Driveways, entrances, exits,
roadways and walkways;
(iii) Location of mobile home or
trailer spaces and buildings;
(iv) Location and quantity of
proposed sanitary conveniences, including proposed
toilets, washrooms, laundries, recreation and utility
area and utility rooms;
(v) Method and plan of sewage
disposal;
(vi) Location and quantity of
refuse receptacles;
(vii) Plan of water supply; and
. (viii) Plan of electric lighting.
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(b) Plans and specifications for any
building to be constructed on the site.
• (c) Such further information as may be
required by the Zoning Administrator of Dare County
Health Department to enable them to determine if the
proposed park will comply with the regulations of this
Ordinance and other applicable laws.
(3) Sanitary.Facilities. Water Supply,
Sewerage. Refuse Disposal and Utilities. In every park
and related permanent building, all installations of
plumbing and electrical wiring, and all gas and oil
appliances shall comply with the provisions of the
building, plumbing and electrical, heating and gas
ordinances and codes and any other applicable
• regulations of the Town of Kitty Hawk. In addition,
the following requirements must be met;
(a) Each mobile home space shall be
provided with plumbing and electrical connections.
(b) Water supply - A supply of pure
running water for domestic purposes, from a source,
approved by the Dare County Health Department shall be
provided for every park. The water supply for each
mobile home shall be obtained only from approved
connections located on each mobile home space or inside
each mobile home.
(c) Common sanitary facilities - Every
trailer park should provide common sanitary and laundry
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facilities consisting of at least one flush toilet, one
shower and one lavatory for each sex for every ten (10)
is
travel trailer spaces.
(d) General - Every shower and lavatory
provided in a trailer park shall be equipped with hot
and cold running water. The floors of every toilet
room and lavatory room required herein shall be
constructed of concrete or other non -absorbent
material, and a base of the same material shall extend
upward from the floor at least six inches on all walls.
All such floors shall slope to a drain properly
trapped. Every toilet room, shower room and lavatory
room of every trailer park shall be kept clean, well -
lighted, well -ventilated, screened with a wire mesh,
adequately heated at all times, and shall be
disinfected periodically - at least once a day.
(e) Sewage disposal - Every park shall
be provided with an approved community sewage disposal
system constructed in compliance with the regulations
of the Dare County Board of Health. All sewage waters
from each park including wastes from toilets, and
toilet rooms, showers, lavatories and wash basins and
wastes from refrigerator drains, sinks or faucets in
mobile homes or on mobile home spaces shall be piped
into the park sewage disposal system. All sewage
wastes from every trailer equipped with its own toilet
facilities shall be piped into the park sewage disposal
system.
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(f) Refuse disposal - All garbage and
refuse in every park shall be stored in suitable
• watertight and fly -tight receptacles in accordance with
the Town of Kitty Hawk Garbage and Trash Collection
Ordinance requirements for businesses.
(4) Registration - It shall be the duty of
the operator of the park to keep an accurate register
containing a record of all mobile homes or trailers,
owners, and occupants of the park. The register shall
contain the following information:
(a) Name and address of owner and each
occupant;
(b) License Number and State of Issue
of each licensed vehicle;
• (c) Space number in which the mobile
home or trailer is parked;
(d) Date of entering park; and
(e) Date of leaving park.
B. Specifications for Mobil e Home Parks
(1) Every mobile home park shall consist of
at least four (4) acres in area in single ownership or
control. Individual spaces shall not be conveyed.
(2) The amount of land for each mobile home
space shall be determined by the zoning Administrator
after an investigation of soil conditions, the proposed
method of sewerage disposal, and proposed water system.
However, in no case shall the size of a mobile home
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space be less than five thousand (5,000) square feet.
(3) Each mobile home space shall be at least
• forty (40) feet wide and clearly marked. There shall
be at least twenty (20) feet clearance between mobile
homes including mobile homes parked end to end. No
mobile home shall be located closer than fifteen (15)
feet to any building within the park, with fifteen (15)
feet of any exterior boundary line of the park and no
closer than twenty (20) feet to the edge of any
interior street.
(4) All mobile home spaces shall abut upon
an interior drive with a right of way of no less than
thirty (30) feet in width, which shall have
unobstructed access to a public street or highway. It
is the intent of this section that individual mobile
• home spaces shall not have unobstructed access to
public streets or highways except through said interior
drive. All interior drives shall be graded and paved
to provide an all-weather surface not less than 18 feet
in width.
(5) Dead-end drives shall not exceed one
thousand (1,000) feet in length. Any interior street
designed to be permanently closed shall have a
turnabout at the closed end with a minimum right-of-way
diameter of eighty (80) feet. The entire right of way
of such turnaround shall be graded and usable for the
turning around of motor vehicles.
• (6) Drives shall intersect as nearly as
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possible at right angles, and no drive shall intersect
• at less than seventy-five (75) degrees. Where a drive
intersects a public street or highway, the design
standards of the North Carolina Department of
Transportation shall apply. Street jogs of less than
one hundred and twenty-five (125) feet shall not be
allowed.
(7) Suitable vehicular access for fire
fighting equipment, delivery of fuel, removal of
refuse, parking and removal of mobile homes and for
other necessary services shall be provided.
(8) All mobile home parks shall have one (1)
or more recreational areas which shall be easily
accessible to all park residents. The size of
• recreation areas shall be based upon a minimum of two
hundred (200) square feet for each mobile home space
within the park. No single outdoor recreation area
shall contain less than twenty-five hundred (2,500)
square feet. Recreation areas shall be so located as
to be free of traffic hazards and should, where
topography permits, be centrally located.
(9) Parking space sufficient to accommodate
at least two (2) automobilies shall be located on each
mobile home space.
(10) The mobile home park shall be located on
ground that is not susceptible to flooding. The park
shall be graded so as to prevent any water from ponding
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or accumulating on the premises. All ditch banks shall
be sloped or seeded to prevent erosion.
•
(11)
The mobile
home park
shall have a visual
buffer such as
shrubbery
or fencing
not less than six
(6) feet in height between the park and any adjacent
residential uses other than mobile homes.
(12) The area of the mobile home stand shall
be improved to provide an adequate foundation for the
placement of the mobile home as required by the North
Carolina Building Code.
(13) Each mobile home shall be securely
anchored to its foundation in accordance with the North
Carolina Building Code Standards for hurricane areas.
(14) Each mobile home space shall be equipped
with plumbing and electrical connections and shall be
• provided with electrical current in sufficient amount
to safely meet the maximum anticipated requirements of
a mobile home.
(15) Trailers shall not be permitted to be
occupied in a mobile home park.
(16) Water, sewerage and electricity. Each
mobile home space shall be provided with and shall be
connected to sanitary sewerage and water supply systems
as approved by the Dare County Health Department.
Electrical connections and wiring shall be in
accordance with the North Carolina Electrical Codes.
(17) Structural Additions - All structural
0 additions to mobile homes other than those which are
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built into the unit and designed to fold out or extend
from it shall be erected only after a building permit
• shall have been obtained, and such additions shall
conform to the building code of the Town, where
applicable, or shall meet the standards of special
regulations adopted with respect to such additions.
The building permit shall specify whether such
structural additions may remain permanently, must be
removed when the mobile home is removed, or must be
removed within a specified length of time after the
mobile home is removed. Structural alterations
existing at the time of passage of this ordinance shall
be removed within thirty (30) days after the mobile
home which they serve is moved unless attached to
• another mobile home on the same site within that
period.
(18) Management - In each mobile home park
the permittee or duly authorized attendant or caretaker
shall be required at all times to keep the mobile home
park, its facilities, and equipment in a clean,
orderly, safe, and in a sanitary condition.
(19) Non -conforming Mobile Home Parks -
Existing mobile hom parks which provide mobile home
spaces having a width or area less than that herein
described may continue to operate with spaces of
existing width or area provided they meet the standards
of the Dare County Health Department. In no event
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shall any non -conforming park be allowed to expand
unless such expansion shall meet the requirements of
• this ordinance.
C. Specifications fo Trailer Parks
(1) Every trailer park shall contain a
minimum of ten (10) spaces. Each travel trailer space
shall be clearly marked and shall contain a minimum of
2,000 square feet.
(2) There shall be at least fifteen (15)
feet of clearance between trailers when located on the
trailer space. No trailer shall be located closer than
fifteen (15) feet to any building within the park or
within fifteen (15) feet of any exterior boundary line
of the park or within ten (10) feet of any interior
drive.
• (3) Parking spaces sufficient to accommodate
at least one (1) motor.vehicle and trailer shall be
constructed within each space. No more than one (1)
trailer may be parked on any space.
(4) All spaces shall be graded to prevent
any water from ponding or accumulating within the park.
Each space shall be properly graded to obtain a
reasonably flat site and to provide adequate drainage
away from the space.
(5) All trailer spaces shall abut upon an
interior drive of no less than twenty (20) feet in
width which shall have unobstructed access to a public
• street or highway. It is the intent of this section
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that individual trailer spaces shall not have
unobstructed access to public streets or highways
• except through said interior drive. All interior
drives shall be graded and paved to their full right-
of-way width.
(6) The park shall be developed with proper
drainage ditches. All banks shall be sloped and seeded
to prevent erosion.
(7) Culs-de-sac or dead-end roads shall not
exceed one thousand (1,000) feet in length measured
from the entrance to the center of the turnaround. Any
road designed to be permanently closed shall have a
turnaround at the closed end with a minimum right-of-
way diameter of eighty ( 80 ) feet.
(8) When the park has more than one (1)
district access to a public road, the access drives
shall not be less than three hundred (300) feet apart
nor closer than three hundred (300) feet to a public
road intersection.
(9) Each park shall have a central structure
or structures that will provide separate toilet
facilities for each sex, in accordance with part A(3)
above. This structure may also contain coin operated
machines for the park residents' use only, provided
there is no exterior advertising. Vending machines
also may be permitted in a sheltered area.
(10) No swimming pool or bathing area shall
ill

be installed, altered, improved, or used without
compliance with applicable regulations and the approval
• of the Dare County Health Department. Each swimming
pool shall be fenced to prevent unauthorized use.
(11) Signs for identification of parks shall
comply with the Kitty Hawk Zoning Ordinance.
(12) Each park shall provide recreation areas
to serve the needs of the anticipated users. One half
(1/2) acre of level, well -drained ground for every ten
(10) spaces shall be utilized as a recreation area.
The park owner is responsible for the development and
maintenance of the recreation areas.
(13) It shall be unlawful to park or store a
mobile home in a trailer park. However, one (1) mobile
home may be allowed within a trailer park to be used as
• an office or residence of persons responsible for the
•
operation and maintenance of the trailer park provided
that it is located in accordance with the standards of
Section B above.
(14) Sewage dumping stations shall be
approved by the Dare County Health Department. Each
trailer park shall provide at least one (1) sewage
dumping station.
SECTION 5.11 - REGULATIONS COVERING SIGNS AND OUTDOOR
ADVERTISING STRUCTURES
All signs and outdoor advertising structures shall
be erected, altered and maintained in accordance with
-a

the following provisions:
A. Building Permit Required. No sign or outdoor
•
advertising
structure
shall
hereafter be
erected or
attached to,
suspended
from,
or supported
on a building
or structure nor shall any existing sign or outdoor
advertising structure be structurally altered,
remodeled or relocated until a building permit for same
has been issued by the Building Inspector. No permit
is required for signs enumerated in Subsection F or any
sign not excedding three (3) square feet in area.
B. Material and Design. All signs and outdoor
advertising structures shall be constructed and
designed according to generally accepted engineering
practices, to withstand wind pressures and load
distribution as specified in Section 804 of the North
• Carolina Building Code, 1958, as amended.
C. Inspection Required. Each sign or outdoor
advertising structure subject to the regulations of
Subsection A may be subject to an annual inspection by
the Building Inspector for the purpose of assuring that
the structure is maintained in a safe condition. The
fee for the annual inspection shall be in accordance
with a regularly adopted fee schedule of the Town of
Kitty Hawk. When a sign or outdoor advertising
structure becomes structurally unsafe, the Building
Inspector shall give written notice to the owner of the
sign or outdoor advertising structure that the sign or
• outdoor advertising structure shall be made safe or
113

removed within ten (10) days of receipt of such
notice.
• D. Illuminated Signs. All signs or outdoor
advertising structures in which electrical wiring and
connections are to be used shall require a permit and
shall comply with the Electrical Code of the State of
North Carolina and be approved by the Building
Inspector. All lighting must be oriented or shielded
so that light and glare reflects away from streets and
adjacent property-
E. Prohibited Signs
(1) No sign or outdoor advertising structure
shall be erected or maintained which is a copy or
imitation of an official highway sign and carrying the
. words "STOP" or "DANGER". No sign shall be erected or
maintained which involves flashing or intermittent red,
green, or amber illumination and is in direct line of
vision with any traffic control signal or resembles a
traffic control signal or sign.
(2) Any sign or outdoor advertising
structure that obstructs corner visibility or
visibility at a driveway between a height of two (2)
feet and ten (10) feet.
(3) Any sign to be posted on any telegraph,
telephone, or electric light poles or on any tree along
a street; provided, that this shall not apply to any
street name sign.
114

(4) Any sign or outdoor advertising
structure that obstructs ingress and egress to any
• window, door, fire escape, stairway, ladder or opening
intended to provide light, air, ingress or egress for
any room or building as required by law.
(5) Any sign or outdoor advertising
structure that violates any provision of any law of the
State of North Carolina relative to outdoor
advertising.
(6) No sign, business sign, or outdoor
advertising structure shall be erected which contains,
employs or utilizes lights or lighting which rotates,
flashes, moves or alternates.
(7) No sign shall be located within a public
right of way or within 30 feet of the corner line of
any public thoroughfare.
(8) No advertising sign or business sign
shall be located within 100 feet of any historical site
or monument.
F. Signs Permitted in Residential Districts
(1) Signs permitted in R-1, R-2, R-3, and
R-6 Districts:
(a) An indirectly lighted name plate or
professional sign not over one (1) square foot in area
and attached flat against the building shall be
permitted in association with an incidental home
occupation.
(b) Temporary real estate signs, not
115

exceeding two (2) square feet in area, directing the
way to premises which are for sale, rent, or lease;
is provided such signs shall be neatly painted or printed
and shall be removed promptly when the property has
been sold, rented or leased.
0-
(c) Directional signs not over four
square feet in area indicating the location of
churches, schools, hospitals, parks, scenic or historic
places, or other places of general interest. Any such
sign and mounting shall not exceed three (3) feet in
total height.
(d) one name sign or bulletin board not
exceeding twelve (12) square feet for any permitted
church, school or other semi-public institution, which
sign or board may be indirectly lighted and shall be
set back at least fifteen (15) feet from the property
line.
(e) Temporary real estate signs, not
exceeding six (6) square feet in area, advertising the
sale, rent or lease of the premises on which located;
provided, such signs shall not be less than fifteen
(15) feet from any street or lot line, shall not be
illuminated, shall be neatly painted and maintained,
and shall be removed promptly when the property.has
been sold, leased or rented.
(f) Temporary non -illuminated signs not
exceeding six (6) square feet in area advertising the
116

general contractor, contractor, sub -contractor,
architect, landscape architect or other such
. professional persons.or organizations engaged in or
associated with the lawful construction, alteration,
remodeling, or demolition of any building or use;
provided, that such signs shall be limited to one to
each organization involved and shall be set back from
the property line at least fifteen (15) feet or the
distance of the minimum front yard whichever is the
less restrictive and provide further that all such
signs shall be removed before thirty (30) days after
the completion of the general contract.
(g) Non -illuminated signs announcing
the name of a subdivision or group housing project
located on the premises at major entrances provided
• that such signs are neatly constructed and maintained,
limited to announcing only the name of the subdivision
or group housing project and do not obstruct corner
visibility.
(h) Directional signs in parking lots
as described in Section 5.08.
G. Signs Permitted 3n C_1, C_2. and C-3
Districts. For each lot, tract or parcel in Busines
Use, three (3) square feet of busines sign area for
each lineal foot of frontage on a public right of way
may be allowed not to exceed a total of six hundred
(600) square feet. Such sign area may be in a single
sign or in a combination of signs subject to the
117

following limitations:
(1) Wall signs placed against the exterior
• walls of buildings shall not extend more than six (6)
inches beyond the building wall surface and shall not
exceed twenty (20) percent of the exposed finished wall
surface area including openings.
(2) One free standing sign per lot may be
located whether temporarily or permanently on the
ground but shall not exceed sixty-four (64) square feet
in area and shall not exceed twenty (20) feet in height
above street grade except that for a lot which has
frontage on more than one public right of way there may
be two (2) such signs neither of which may exceed
sixty-four (64) square feet in area.
•
(3)
Roof
signs
shall
not exceed ten
(10)
feet in height
above
the
roof or
parapet wall
and shall
LJ
not exceed five percent (5%) of the total floor area of
the building or three hundred (300) square feet in area
whichever is less.
(4) Window signs shall be placed only inside
a commercial building and shall not exceed twenty-five
percent (25%) of the glass area of the pane upon which
the sign is displayed.
(5) Projecting signs may project from the
building over the street right of way, alley or other
public space provided the sign does not extend beyond a
vertical plane twenty-four (24) inches inside the curb
118

line; and the bottom clearance of such sign shall be at
least ten (10) feet above the finished grade of the
sidewalk along the street and at least fourteen (14)
feet above grade at alleys and corners.
(6) Non -illuminated future business site
signs not exceeding thirty-two square feet (32) in size
and announcing the name of the business to be located
on the premises and the date the business expects to
open may be located upon the business site.
A building and sign permit must be
obtained from the Town before such sign is constructed
or erected on the business site. The business sign
permit shall not be issued until the building permit
has been issued for the principal building to be
located on the building site. The Town Council may
require all such sign applicants to submit a sample or
"paper proof" of the sign message and format to the
Building Inspector and/or Planning Board for their
respective approvals as to copy, sign, shape, color and
material before the sign permit is issued.
A sign permit issued pursuant to this
section shall expire on the original expiration date of
the building permit issued therefore and shall not be
renewed or extended.
A future business site sign shall be
removed within ninety (90) after the occupancy permit
has been issued or at such time as a permanent on -site
sign has been installed on the premises, which ever
119

shall first occur.
H. Signs Permitted jn Village Commercial
• Districts. For each lot, tract, or parcel in Business
Use, one sign area may be allowed, not to exceed a
total of sixteen (16) square feet. This sign area may
be any one of the following:
(1) One wall sign may be placed against the
exterior wall of the building but shall not extend more
than six (6) inches beyond the building wall surface
and shall not exceed twenty (20) percent of the exposed
finished wall surface area including openings, or
sixteen (16) square feet, whichever is less.
(2) One free standing sign per lot may be
located on the ground whether temporarily or
. permanently, but shall not exceed ten (10) feet in
height above street grade except that for a lot which
has frontage on more than one public right of way there
maybe two (2) such signs neither of which may exceed
sixteen (16) square feet in area.
(3) One roof sign, which shall not exceed
two (2) feet in height above the roof or parapet wall,
or exceed a total of sixteen (16) square feet. No roof
sign shall be located on any building used for
residential purposes.
(4) One window sign may only be placed
inside a commercial building and shall not exceed
twenty-five (25) percent of sixteen (16) square feet,
i
120

whichever is less, of the glass area of the pane upon
which the sign is displayed.
a. No wall sign shall be located on any
building used for residential purposes.
b. No portable illuminated sign shall
be located on a lot, tract, or parcel in Business Use,
temporary or permanent.
C. No sign shall be located within
forty (40) feet of the center line of any public
thoroughfare.
SECTION 5.12 - OUTDOOR LIGHTING
Outdoor lighting for yards, signs, advertising
structures, parking lots and other area must be
oriented or shielded so that the light and glare
• reflects away from the streets and adjacent property.
SECTION 5.13 - PARKING, STORAGE, OR USE OF MAJOR
RECREATIONAL EQUIPMENT
For purposes of this ordinance, major recreational
equipment is defined as including boats, and boat
trailers, pick-up campers or coaches (designed to be
mounted on automotive vehicles); motorized dwellings,
tent trailers, and the like, and cases or boxes used
for transporting recreational equipment, whether
occupied by such equipment or not. Major recreational
equipment parked or stored on residential premises or
in any location other than an approved travel trailer
park shall not be used for living, sleeping, or
121

housekeeping purposes.
• SECTION 5.14 - TEMPORARY USES
The Town Council may approve as conditional uses
under the application provisions of Section 8.03 the
following temporary uses notwithstanding other
restrictions of this Ordinance but including such
additional conditions and safeguards as may be required
by the council as a provision of such approval.
A. Temporary Real Estate Sales Offices may be
permitted in any residential district for on site sales
of land or residences located only within the
subdivision within which such office is located. Any
such temporary use must be terminated no more than
thirty (30) days from the date that eighty (80) percent
of the lots or residences within that subdivision are
sold.
B. Temporary construction offices may be
permitted in any district to provide on -site quarters
for the management and security of construction
projects only. Any such temporary sue must be
terminated no more than 30 days from the date that
construction is completed.
SECTION 5.15 - ACCESS TO U. S. HIGHWAY 158 BY-PASS AND
U. S. HIGHWAY 158 BUSINESS
Due to the limited amount of land available within
the Town of Kitty Hawk for major thoroughfare rights of
122

way and the traffic hazard involved in frequent
entrances and exists from a major thoroughfare, it is
the intent of this ordinance to keep driveways and
street intersections along U. S. Highway 158 By -Pass
and U.S. Highway 159 Business to the minimum possible.
In any district established by this ordinance where a
lot abutting either U. S. Highway 158 By -Pass or U. S.
Highway 158 Business also abuts any other dedicated
public right of way, such right of way shall be used
for access rather than the U. S. Highway.
ARTICLE VI
NON -CONFORMITIES
SECTION 6.01 - INTENT
• Within the districts established by this ordinance
or amendments that may later be adopted there exist
lots, structures, uses of land and structures, and
characteristics of use which were lawful before this
ordinance was passed or amended, but which would be
prohibited, regulated, or restricted under the terms of
this ordinance or future amendments. It is the intent
of this ordinance to permit these non -conformities to
continue until they are removed, but not to encourage
their survival. It is further the intent of this
ordinance that non -conformities shall not be enlarged
upon, expanded or extended, nor be used as grounds for
adding other structures or uses prohibited elsewhere in
123

the same district.
To avoid undue hardship, nothing in this ordinance
0 shall be deemed to require a change in the plans,
construction, or designated use of any building on
which actual construction was lawfully begun prior to
the effective date of adoption or amendment of this
ordinance and upon which actual building construction
has been carried on diligently. Actual construction is
hereby defined to include the placing of construction
materials in a permanent position and fastened in a
permanent manner. Where excavation or demolition or
removal of an existing building has been substantially
begun preparatory to rebuilding, such excavation,
demolition, or removal shall be deemed to be actual
. construction, provided that work shall be carried on
diligently.
SECTION 6.02 - REGULATION OF NON -CONFORMITIES
A. Non -Conforming Lots of Record
(1) In any district in which single-family
dwellings are permitted, a single-family dwelling and
customary accessory buildings may be erected on any
single lot of record at the effective date of adoption
of this ordinance, notwithstanding limitations imposed
by other provisions of this ordinance. These
provisions shall apply even though such lots fails to
meet the requirements for area or width, that are
• generally applicable in the district, provided that
124

yard dimensions and requirements other than these
applying to area or width, or both, of the lot shall
conform to the regulation for the district in which such
lot is located. Variances of yard requirements shall
be obtained only through action of the Board of
Adjustment as established in Article IX.
(2) Except as allowed in paragraph (1)
above, if two or more lots or combinations of lots and
portions of lots with continuous frontage in single
ownership are of record at the time of passage or
amendment of this ordinance, and if all or part of the
lots do not meet the requirements established for lot
width and area, the land involved shall be considered
to be an undivided parcel for the purposes of this
ordinance, and no portion of said parcel shall be used
or sold in a manner which diminishes compliance with
lot width and area requirements established by this
ordinance, nor shall any division of any parcel be made
which creates a lot with width or area below the
requirements stated in this ordinance.
(3) Notwithstanding the of oregoing
provisions, on a non -conforming corner lot, the Zoning
Administrator may permit the dwelling to be located
closer to the side street provided that the dwelling
shall be no closer than ten feet (101) to the side
property line and further provided that the dwelling is
not located within the intersection vision clearance
125

area required by Section 5.05 or by the North Carolina
Department of Transportation.
B. Non -Conforming Uses of Land
Where at the time of passage of this
ordinance lawful use of land exists which would not be
permitted by the regulations imposed by this ordinance,
and where such use involves no individual structure
with a replacement cost exceeding $1,000.00, the use
may be continued so long as it remains otherwise
lawful, provided:
(1) No such non -conforming use shall be
enlarged or increased, nor extended to occupy a greater
area of land than was occupied at the effective date of
adopting or amendment of this ordinance;
(2) No such non -conforming use shall be
moved in whole or in part to any portion of the lot or
parcel other than that occupied by such use at the
effective date of adoption or amendment of this
ordinance;
(3) If any such non -conforming use of land
ceases for any reason for a periof of more than 30
days, any subsequent use of such land shall conform to
the regulations specified by this ordinance for the
district in which such land is located;
(4) No additional structure not conforming
to the requirements of.this ordinance shall be erected
in connection with such non -conforming use of land.
(5) Exception. The following exception
126

shall apply to trailers and mobile homes which were
used and occupied for residential purposes and located
in the R-1 Zones of the town as of the effective date
of this Amendment.
Any such mobile home may be replaced once
with another mobile home (replacement mobile home) at
any time during a period of ten (10) years from the
effective date of this Ordinance Amendment, provided
the owner has applied for and obtained a conditional
use permit for said replacement mobile home and the
owner has complied with all the conditions set forth in
the conditional use permit.
No mobile home for which a conditional use
permit has
been issued
under this Section shall be
replaced.
No trailer
or mobile home (non -conforming
trailer) existing in an R-1 Zone of the town on the
date of adoption of the town's Zoning Ordinance shall
be replaced unless a conditional use permit has been
granted to the owner by the Town Council in accordance
with the procedures of Section 8.03. Any replacement
mobile home placed within an R-1 Zone pursuant to this
paragraph shall be deemed a non -conforming use and
structure under the Zoning Ordinance, and it shall be
subject to and governed by the provisions regulating
non -conformities set forth in this Article.
C. Non -Conforming Structures
Where a lawful structure exists at the
127

effective date of adoption or amendment of this
ordinance that could not be built under the terms of
this ordinance by reason of restrictions on area, lot
coverage, height, yards, its location on the lot, or
other requirements concerning the structure, such
structure may be continued so long as it remains
lawful, subject to the following provision:
(1) No such non -conforming structure may be
enlarged or altered in a way which increases its non-
conformity, but any structure or portion thereof may be
altered to decrease its non -conformity.
(2) Should such non -conforming structure or
non -conforming portion of structure be destroyed by any
means to an extent of more than 50 percent of its
replacement cost at time of destruction, it shall not
Gbe reconstructed except in conformity with the
provisions of this ordinance.
(3) Should such structure be moved for any
reason for any distance whatever, it shall thereafter
conform to the regulations for the district in which it
is located after it is moved.
(4) Any such non -conforming structure
located on the lot adjacent to the Atlantic Ocean or
sound waters may be moved on the same lot provided that
such movement does not increase the non -conformity of
the structure in any way.
D. Non -Conforming Uses of Buildings pt of
0 Buildings and Premises in Combination
128

If lawful use involving buildings with a
replacement cost of $1,000.00 or more, or of building
and premises in combination, exists at the effective
date of adoption or amendment of this ordinance, that
would not be allowed in the district under the terms of
this ordinance, the lawful use may be continued so long
as it remains otherwise lawful, subject to the
following provisions:
(1) No existing structure devoted to use not
permitted by this ordinance in the district in which it
is located shall be enlarged, extended, constructed,
reconstructed, moved, or structurally alterd except in
changing the use of'the structure to a use permitted in
the district in which it is located;
(2) Any non -conforming use may be extended
throughout any parts of a building which were
manifestly arranged or designed for such use at the
time of adoption or amendment of this ordinance, but no
such use shall be extended to occupy any land outside
such building;
(3) If no structural alterations are made,
any non -conforming structure or use of structures may
be changed to any conforming use, or with the approval
of the Town Council to any use more in character with
uses permitted in the district. In permitting such a
change, the Town Council must find that the proposed
use is more appropriate or equally as appropriate to
129

the district as the existing non -conforming use and
shall require appropriate conditions and safeguards
. necessary to ensure that the change is in keeping with
provisions and spirit of this ordinance;
(4) Any structure, or structure and land in
combination, in or on which a non -conforming use is
superseded by a permitted use, shall thereafter conform
to the regulations for the district, and the non-
conforming use may not thereafter be resumed;
(5) When a non -conforming use of a
structure, or structure and premises in combination, is
discontinued or abandoned for ten consecutive months
(except when government action impedes access to the
premises), the structure, or structure and premises in
combination, shall not thereafter be used except in
0 conformity with the regulations of the district in
which it is located;
(6) Where non -conforming use status applies
to a structure and premises in combination, removal or
destruction of the structure shall eliminate the non-
conforming status of the land. Destruction for the
purpose of this subsection is defined as damage to an
extent of more than 50 percent of the replacement cost
at time of destruction.
E. Repairs and Maintenance
(1) In any non -conforming structure or
portion of a structure containing a non -conforming use,
work may be done in any period of 12 consecutive months
130

on ordinary repairs, or on repair or replacement of
non -bearing walls, fixtures, wiring, or plumbing, to an
extent not exceeding 10 percent of the current
replacement cost of the non -conforming structure or
non -conforming portion of the structure as the case may
be, provided that the cubic content existing when it
became non -conforming shall not be increased;
(2) If a non -conforming structure or portion
of a structure containing a non -conforming use becomes
physically unsafe or unlawful due to lack of repairs
and maintenance, and is declared by the Building
Inspector to be unsafe or unlawful by reason of
physical condition, it shall not thereafter be
restored, repaired, or rebuilt except in conformity
with the regulations of the district in which it is
located;
(3) Nothing in this ordinance shall be
deemed to prevent the strengthening or restoring to a
safe condition of any building or part thereof declared
to be unsafe by an official charged with protecting the
public safety, upon order of such official.
F. Uses Under Conditional Use Provisions Not
Non -Conforming
Any use which is permitted as a conditional use in
a district under the terms of this ordinance shall not
be deemed a non -conforming use in such district, but
shall without further action be consdiered a conforming
131

use.
ARTICLE VII
INTERPRETATION
SECTION 7.01 - INTERPRETATION, PURPOSE AND CONFLICT
In interpreting and applying the provisions of
this Ordinance they shall be held to be minimum
requirements for the promotion of the public safety,
health, convenience, prosperity, and general welfare.
It is not intended by this Ordinance to interfere with
or abrogate or annul any easements, covenants, or other
agreements between parties, provided, however, that
where this ordinance imposes a greater restriction upon
the use of buildings or premises or upon the height of
buildings, or requires larger open sapces than are
0 imposed or required by other ordinances, rules,
regulations, or by easements, covenants, or agreements,
the provisions of this Ordinance shall govern.
SECTION 7.02 - COMPUTATION OF REQUIRED SPACES
No part of a yard, or other open space, or off-
street parking or loading space required about or in
connection with any building for the purpose of
complying with this ordinance, shall be included as
part of a yard, open space, or off-street parking or
loading space similarly required for any other
building.
0 SECTION 7.03 - STRUCTURE EXCLUDED FROM HEIGHT
132

LIMITATIONS
The Board of Adjustments may vary the height
limits of these regulations for a church spire, belfry,
cupola, and dome or ornamental tower not intended for
human occupancy, monument, water tower, observation
tower, transmission tower, smoke stack, conveyor, radio
or television tower, mast or aerial, and parapet wall
not extended more than four feet above the roof line of
the building, provided such variances will be in
harmony with the general purpose and intent of this
ordinance and will not be injurious to the
neighborhood or otherwise detrimental to the public
welfare.
ARTICLE VIII
0 ADMINISTRATION AND ENFORCEMENT
i
SECTION 8.01 - ZONING ADMINISTRATOR
The Zoning Administrator designated by the Town
Council shall administer and enforce this Ordinance. He
may be provided with the assistance of such other
persons as the Town Council may direct. The Zoning
Administrator shall have all necessary authority to
administer and enforce the zoning ordinance, including
the ordering in writing of the remedying of any
condition found in violation of the Ordinance, and
bringing of legal action to insure compliance with the
Ordinance, including injunction, abatement, or other
133

appropriate action or proceeding.
SECTION 8.02 - APPLICATION OF BUILDING PERMIT FOR
• PERMITTED USES
A. Single-family detached and two-family
residences.
All applications for building permits shall be
accompanied by plans in duplicate, drawn to scale,
showing the actual dimensions and shape of the lot to
be built upon; the application shall include such other
information as lawfully may be required by the Zoning
Administrator, including the exact size and location on
the lot of existing or proposed building(s) or
alteration(s); existing or proposed uses of the
building(s) and land; and the number of families,
housekeeping
units, or rental units
the building is
designed to
accommodate; conditions
existing on the
0
lot; and any other matters which may be necessary to
determine conformance with and provide for the
enforcement of this Ordinance.
One copy of the plans shall be returned to the
applicant by the Zoning Administrator, after the Zoning
Administrator has marked the copy as either approved or
disapproved and attested to the same by his signature
on such copy. The second copy of the plans, similarly
marked, shall be retained by the Inspections
Department.
B. Multi -family, group development projects,
134

group housing projects, and commercial buildings and
commercial sites.
(1) Site plans and modifications to site
plans for the following uses when listed as permitted
uses within a district must be approved by the Planning
Board and the Town Council before a building permit for
construction may be issued.
(a) Multiple -family residential
dwellings containing three (3) or more dwelling units.
(b) Commercial site plans and group
development projects and group housing projects
consisting of two (2) or more principal buildings
devoted to a common or similar use and constructed on a
single lot where permitted in specified districts
established by the Zoning ordinance and commercial
0 sites.
buildings.
(c) Apartment buildings.
(d) Condominiums.
(e) Townhouses.
(f) Hotels, motels or motor lodge.
(g) Business, commercial or industrial
(h) .Recreational or entertainment
parks, centers or structures and night clubs.
(i) All other uses similar to but not
included above.
(2)
Site plan
requirements.
Eight
copies of
a site plan prepared, stamped
135

and endorsed by a registered engineer, surveyor or
other person duly authorized by the State to practice
• as such, shall be submitted no later than ten (10) days
prior to the next regular monthly meeting of the
Planning Board. One copy of each site plan shall be
delivered by the Zoning Administrator to the head of
the Inspections Department and such other town, county
or state officials and departments as the.Town Council
may direct. Each such town department head and town
official shall review the site plan and report any
recommendations or commetns in writing (as well as
return their respective copy of the site plan) no later
than five (5) days prior to the next regular meeting of
the Planning Board. The Planning Board may require
• site review by a traffic engineer before granting
approval. In addition to any other requirements of the
Planning Board or the Zoning Administrator, the site
plan shall contain the following information:
(a) Property and ownership information.
(1) Present recorded owner and the map
book reference of the site property.
(2) Owner, lot numbers or map book and
page reference of all adjacent properties.
(3) Boundary of the entire lot by
course and distance.
way.
(4) Width of the existing rights -of -
136

(5) Nature or purpose, location and
size of existing easements.
(6) Iron pins 3/8" in diameter and 36"
in diameter in length shall be shown and installed at
all lot corners, points of tangents, and any angle
point along a given course on the lot.
(7) Plan drawn to at least 1" - 100'
scale showing North arrow.
(b) Existing features information.
(1) Streets showing the type and width
of pavement, curbs and sidewalks.
(2) Topographic features of the lot and
existing grades for the lot, streets, storm drainage,
etc.
(3) All other underground utilities and
afacilities including gasoline tanks.
(c) Site improvements.
(1) Proposed building type (brick or
frame) number of floors and dimensions.
(2) Proposed first floor elevation
shall be shown - minimum elevation is 9.0 feet above
mean high water mark.
(3) Location and type of all sidewalks
and curbs within the site.
(4) Location of sanitary sewer
facilities with connection to sewer system or septic
tank.
• (5) Layout and number of parking stalls
137

shall be shown in accordance with Sec. 5.08, Off -Street
Parking Requirements.
0 (6) Finished grades shall be shown for
the entire site.
(7) A tabulation of the total number of
dwelling units of various types in the project and the
overall project density in dwelling units per acre.
Before any proposed site plan shall be approved,
tentative approval of the proposed sewage treatment and
disposal facilities, by the Dare County Board of Health
or the North Carolina State Department having
jurisdiction, shall be demonstrated to the Planning
Board along with any.dredge and fill permits required
by 1 aw .
0
(d)
Rights -of -way
improvements
shall be made
in accordance
with the policy
of the Town
Council.
(e) Storm drainage shall be provided in
accordance with the policy of the Town Council.
(f) Location of on site advertising sign and
the distance of the sign from closest property line.
(3) Permits.
In addition to the building permit covered
elsewhere, a permit for any construction within the
public right-of-way shall be obtained prior to
commencing any work and any permits required by the
Town Sedimentation and Erosion Control Ordinance.
(4) Inspections.
•
138

Inspections of sites involving public righs-
of-way
and inspections of
any
on -site construction
shall
be made by the Town
of
Kitty Hawk.
(5) Dimensional requirements and development
standards shall be in accordance with the district in
which the building is to be located.
(6) The Planning Board may approve, conditionally
approve, or reject any proposed site plan. Upon
completion of review, and approval or conditional
approval, the Planning Board will transmit their
recommendations to the Town Council. The Town Council
may approve, approve with specific requirements and
conditions or disapprove any site plan. A rejected
site plan may be resubmitted in accordance with this
Section when redrafted to meet the specifications of
this Ordinance and upon payment of a filing fee as
required in Section 8.06.
Upon final approval of the site plan, the
Building Inspector may is.sue a building permit within
one hundred eighty (180) days from the date of such
approval, provided that all other requirements of this
Ordinance and other applicable Town Ordinances are met.
If a building permit is not secured within one hundred
eighty (180 ) days from the date of final approval of
the site plan, the applicant must resubmit the site
plan for review by the Planning Board and the Town
Council.
• (7) If, following the Town Council's conditional
139

or final approval, the owner or developer desires to
make a change in any of the factors listed in paragraph
(2) above, the change must be approved by the Planning
Board and Town Council.
SECTION 8.03 - APPLICATION FOR BUILDING PERMIT FOR
CONDITIONAL USES
The Kitty Hawk Town Council may approve permits
for conditional uses in the Zoning Districts where such
conditional uses are specified by this Ordinance.
Applications for Planned Unit Development, shall also
be processed under the procedures of this section. The,
Town Council may impose such reasonable and appropriate
conditions and safeguards upon these conditional use
permits as to insure that the spirit and intent of this
Ordinance is preserved and that such conditional use
will not adversely affect the public interest.
A. Written application for a conditional use
permit shall be submitted to the Planning Board no
later than the 20th day of the month proceeding the
next regular monthly meeting of the Planning Board.
Such written application shall indicate the section of
this ordinance under which a permit is being sought and
shall contain the information required by the
appropriate section and such other information as may
be required to insure compliance with this Ordinance.
140

B. The Planning Board shall review the
application for a conditional use permit and shall
submit its recommendation as to approval or disapproval
along with such conditions as it may deem necessary to
the Town Council.
C. When it is deemed desirable by the Planning
Board or the Town Council a public hearing may be held.
Notice shall be given at least fifteen (15) days in
advance of such public hearing. The owner of the
property for which the conditional use is sought or his
agent shall be notified by mail. Notice of fifteen
(15) days prior to the public hearing.
D. Any party may appear in person, or by agent,
or attorney.
E. The Town Council shall make a finding that it
is empowered under the section of this Ordinance
described in the application to grant the Conditional
Use, and that the granting of the conditional use will
not adversely affect the public interest.
In granting any Conditional Use Permit, the Town
Council may prescribe appropriate conditions and
safeguards in conformity with this Ordinance.
Violation of such conditions and safeguards, when made
a part of the terms under which the conditional use
permit is granted, shall be deemed a violation of this
Ordinance and punishable under Section 8.05 of this
Ordinance. The Town Council shall prescribe a time
141

limit within which the action for which the Conditional
Use Permit is required shall be begun or completed, or
• both. Failure to begin or complete, or both, such
action within the time limit set shall void the
Conditional Use Permit.
SECTION 8.04 - VIOLATION
If the Zoning Administrator shall find that any of
the provisions of this Ordinance are being violated, he
shall notify in writing the person responsible for such
violations, indicating the nature of the violations,
and ordering the action necessary to correct it. He
shall order discontinuance of illegal use of land,
buildings, or structures; removal of illegal buildings
or structures or of additions, alterations, or
• structural changes thereto; discontinue of any illegal
work being done; or shall take any other action
authorized by this Ordinance to insure compliance with
or to prevent violations of its provisions.
SECTION 8.05 - PENALTY
If any building or structure is erected,
constructed, reconstructed, altered, repaired,
converted or maintained, or any builidng, structure or
land is used in violation of this Ordinance, the
Building Inspector, or any appropriate authority in
addition to other remedies may institute any
appropriate action or proceeding to prevent such
• unlawful erection construction, reconstruction,
142

alteration, repair, conversion, maintenance or use, to
restrain, correct or abate such violation, to prevent
the occupancy of said building, structure or land or to
prevent any illegal act, conduct, business or use in or
about such premises.
Violations of the provisions of these Regulations
shall be a misdemeanor under the N.C.G.S. 14-4 and each
day's continuing violations shall be a separate
offense. Notwithstanding the criminal penalties, the
Zoning Administrator may institute a civil action
against the offender seeking enforcement by appropriate
equitable remedy, injunction and order or abatement or
by any remedy authorized by N.C.G.S. 160A-175 and 160A-
3 89, as amended.
• SECTION 8.06 - FEES
0
All site plans, development plans, plans or other
plans required to be presented by this Ordinance for
approval by the Town of Kitty Hawk shall be accompanied
by a development review fee. This fee shall be payable
to the Town of Kitty Hawk and shall be due and payable
upon submission of the site plan, plan or plat. The
fee required by this Section shall be the amount
specified in the regularly adopted fee schedule of the
Town of Kitty Hawk.
143

IX APPEALS AND VARIANCES:
ZONING ADMINISTRATOR, BOARD OF ADJUSTMENT,
• COURTS AND BOARD OF COMMISSIONERS AS TO
MATTERS OF APPEAL
It is the intention of this Ordinance that all
questions arising in connection with the enforcement of
this Ordinance shall be presented first to the Zoning
Administrator and that such questions shall be
presented to the Board of Adjustment only on appeal
from the Zoning Administrator; and that from the
decision of the Board of Adjustment recourse shall
be had to courts as provided by law. It is further the
intention of this Ordinance that the duties of the Town
Council in connection with the Ordinance shall not
• include the hearing and passing upon disputed questions
that may arise in connection with the enforcement
thereof but that the procedure for determining such
questions shall be as set out in this Ordinance, and
that the duties of the Town Council in connection with
this Ordinance shall be only the duty of considering
and passing upon any proposed amendment or approving
any conditional use permit as provided by this
Ordinance.
SECTION 9.01 - BOARD OF ADJUSTMENT ESTABLISHED.
The Kitty Hawk Board of Adjustment is hereby
established. The word "Board" when used in this
• Article shall be construed to mean the Board of
144

Adjustment. The Board shall consist of the members and
chairman of the Kitty Hawk Planning Board.
Members shall be appointed for terms
contemporaneous with their terms on the Planning Board
or until their successors are appointed. Successors
shall be appointed for terms contemporaneous with their
terms on the Planning Board except that vacancies
occuring for reasons other than the expiration of a
term shall be filled for the remaining portion of the
unexpired term. Members may be removed for cause by
the Town Council upon presentation of written charges
and after providing for a hearing. The members of the
Board may be compensated for expenses incurred in
the performance of their duties according to the
• Reimbursement Schedule which may be adopted by the Town
Council from time to time.
SECTION 9.02 - CHAIRMAN OF THE BOARD
The Town Council shall designate one (1) of the
Board members as chairman and another as vice-chairman
who shall serve for one (1) year or until a successor
is designated. The Board may adopt from time to time
such rules and regulations as it may deem necessary to
carry into effect the provisions of this section.
SECTION 9.03 - MEETING OF THE BOARD
All meetings of the Board shall be held at a
regular place and shall be open to the public. A
0 quorum of four members shall be present at the
145

designated meeting place before a vote is taken or
final disposition of any appeal is made upon which the
Board is required to pass. The Board shall keep
minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to
vote, an indication of such fact; and the final
disposition of appeals shall be by recorded resolution
indicating the reasons of the Board therefor all of
which shall be a public record.
SECTION 9.04 - POWERS AND DUTIES OF THE BOARD OF
ADJUSTMENT
The Board of Adjustment, by a vote of four -fifths
of its members, may reverse any order, requirement,
. decision, or determination of the Zoning Administrator,
or may decide in favor of the applicant a matter upon
which the Board is required to pass under the
ordinance, or may grant a variance from the provisions
of the ordinance. Each decision of the Board is
subject to review by the superior court by proceedings
in the nature of certiorari.
The Chairman of the Board of Adjustment or any
member temporarily acting as chairman may in his
official capacity administer oaths to witnesses in any
matter coming bef ore the Board.
A. Administrative Review
(1) The Board of Adjustment shall hear and
idecide appeals from and review any order, requirement,
146

decision, or determination made by the Zoning
Administrator. Any person aggrieved or any officer,
department, board, or bureau of the Town may take an
appeal. Appeals shall be taken within times prescribed
by the Board of Adjustment by general rule, by filing
with the officer from whom the appeal is taken and with
the Board of Adjustment a notice of appeal, specifying
the grounds thereof. The officer from whom the appeal
is taken shall forthwith transmit to the Board all the
papers constituting the record upon which the action
appealed from was taken. An appeal stays all
proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken
certifies to the Board of Adjustment, after notice of
• appeal has been filed with him, that because of facts
stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In that case
proceedings may not be stayed except by a restraining
order, which may be granted by the Board of Adjustment
or by a court of record on application, on notice to
the office from whom the appeal is taken and on due
cause shown. The Board of Adjustment shall fix a
reasonable time for the hearing of the appeal, give due
notice of the appeal to the parties, and decide the
appeal within a reasonable time. The Board of
Adjustment may reverse or affirm, in whole or in part,
or may modify the order, requirement, decision, or
147

determination appealed from, and shall make any order,
requirement, decision, or determination that in its
opinion ought to be made in the circumstances. To this
end the Board has all of the powers of the officer from
whom the appeal is taken.
(2) The Board shall interpret.zoning maps
and pass upon disputed questions of lot lines or
district boundary lines and similar questions that may
arise in the administration of the Ordinance. The Board
shall hear and decide all matters referred to it or
upon which it is required to pass under this Ordinance.
B. Variances: Conditions Governing Applications
and Procedures
When practical difficulties or unnecessary
hardships would result from carrying out the strict
letter of this Ordinance, the Board of Adjustment may,
in passing upon appeals, vary or modify any regulation
or provision of the Ordinance relating to the use,
construction, or alteration of buildings or structures
or the use of land, so that the spirit of the Ordinance
is observed, public safety and welfare secured, and
substantial justice done. A variance from the terms of
this Ordinance shall not be granted by the Board of
Adjustment unless and until:
(1) A written application for a variance is
submitted demonstrating:
(a) That special conditions and
icircumstances exist which are peculiar to the land,
148

structure, or building involved and which are not
41 applicable to other lands, structures, or buildings in
the same districts;
(b) That literal interpretation of the
provisions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other
properties in the same district under the terms of this
Ordinance;
(c) That special conditions and
circumstances do not result from the actions of the
applicant;
(d) That granting the variance
requested will not center on the applicant any special
privilege that is denied by this Ordinance to other
• lands, structures, or buildings in the same district;
and
(e) No non -conforming use of
neighboring lands, structures, or buildings in the same
district, and no permitted use of lands, structures, or
buildings in other districts shall be considered
grounds for the issuance of a variance.
(2) Notice shall be given at least fifteen
(15) days in advance of public hearing. The owner of
the property for which the variance is sought or his
agent shall be notified by mail. Notice of such
hearings shall be posted on the property for which the
variance is sought at least fifteen (15).days prior to
WIVe

the public hearing;
(3) The public hearing shall be held as
iadvertised. Any party may appear in person or be
represented by Agent or by Attorney;
(4) The Board of Adjustment shall make
findings that the requirements of paragraph (B) (1)
above have been met by the applicant for a variance;
(5) The Board of Adjustment shall further
make a finding that the reasons set forth in the
application justify the granting of the variance, and
that the variance is the minimum variance that will
make possible the reasonable use of the land, building,
or structure;
(6) The Board of Adjustment shall further
make a finding that the granting of the variance will
be in harmony with the general purpose and intent of
this Ordinance, and will not be injurious to the
neighborhood, or otherwise detrimental to the public
welfare.
In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and
safeguards in conformity with this Ordinance.
Violation of such conditions and safeguards, when made
a part of the terms under which the variance is
granted, shall be deemed a violation of this Ordinance
and punishable under Section 8.05.
Under no circumstances shall the Board
. of Adjustment grant a variance to allow a use not
150

permissible under the terms of this Ordinance in the
district involved, or any use expressly or by
implication prohibited by the terms of this Ordinance
in said district.
ARTICLE X
AMENDMENTS
SECTION 10.1 - MOTION TO AMEND
The Town Council may, on its own motion or upon
motion or upon petition by any person within the zoning
jurisdiction of the Town, after public notice and
hearing, amend, supplement, change, modify or repeal
the regulations herein established or the maps which
are part of this Ordinance, subject to the rules
. prescribed in this Ordinance. No regulation or map
shall be amended, supplemented, changed, modified or
repealed until after a public hearing in relation
thereto, at which parties in interest and citizens
shall have an opportunity to be heard. A notice of
such hearing shall be given once a week for two
successive calendar weeks in a newspaper of general
circulation in the Town, said notice to be published
for the first time and for the periods required and in
accordance with North Carolina General Statute 160A-364
as amended from time to time.
SECTION 10.02- PROTEST AGAINST AMENDMENT
. In case of a protest against an amendment,
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supplement, change, modification, or repeal signed by
the owners of twenty (20) percent or more either of the
area of the land included in such proposed change, or
of the land immediately adjacent thereto extending one
hundred (100) feet therefrom, or of the land directly
opposite thereto extending one hundred (100) feet from
the street frontage of such opposite land, such
amendment shall not become effective except by
favorable vote of three -fourths of all members of the
Town Council.
SECTION 10.03- PLANNING BOARD ACTION
Every proposed amendment, supplement, change,
modification or repeal to this ordinance shall be
referred to
the
Planning Board for its
recommendation
and report.
The
Planning Board shall
have forty-five
(45) days within which to submit its recommendation to
the Town Council. All petitions for a change in the
zoning map shall include a legal description of the
property involved and the names and addresses of
current abutting property owners.
SECTION 10.04 - FEE
A fee of One Hundred Dollars ($100.00) plus the
cost required for legal advertisement shall be paid to
the Town of Kitty Hawk for each application for
amendment to this Ordinance, to cover the costs of
0 advertising and other administrative expenses involved.
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ARTICLE XI
LEGAL STATUS
SECTION 11.01 - EFFECT UPON OUTSTANDING BUILDING
PERMITS
Nothing herein contained shall require any change
in the plans, construction, size, or designated use of
any building, structure, or part thereof for which a
building permit has been granted by the Building
Inspector prior to the time of passage of this
Ordinance; provided, however, that where construction
is not begun under such outstanding permit within a
period of ninety (90) days subsequent to the passage of
this Ordinance or where it has not been prosecuted to
• completion within six (6) months subsequent to passage
of this Ordinance, any further construction or use
shall be in conformity with the provisions of this
Ordinance.
SECTION 11.03 - VALIDITY
If any Section, Subsection, Sentence, Clause, or
Phrase of this Ordinance or any part of the Official
Zoning Map is for any reason held to be invalid, such
decision shall not affect the validity of the remaining
portions of this Ordinance or of the Offical Zoning
Map. The Town Council hereby declares that it would
have passed this Ordinance and each Article, Section,
Clause and Phrase thereof, irrespective of the fact
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that any one or more Articles, Sections, Sentences,
0
0
40
Clauses, or Phrases be declared invalid.
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