DEVIL  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  Birthplace of & Aviation H CARO)  NOTICE OFI PUBLIC MEETING  NOTICE! ISI HEREBY GIVEN that on Tuesday, February 13,2024, at 5:30 p.m., the Kill Devil Hills Planning Board willl hold its regular meeting oft the month int the Town Hall Meeting Room located Aj printed packet is available for public inspection in the Office oft the Town Clerk, 102 Town Hall Drive. To schedule an inspection time, contact the Department at 252-449-5300. Packet materials can be viewed on the Town's website at htps/www.kdhme.comccom/743Metinge-Agends-Packets- Written public comments for the Planning Board can be emailed toj info@kdhnc.com. Comments must include your name and address and arel limited to three minutes fori individuals, and five minutes  at 102 Town Hall Drive, Kill Devil Hills.  Minutes.  when speaking for a group. Call to Order Agenda Approval Public Comment Response to Public Comment Ongoing Business New Business 1. 2.  AGENDA  Approval of the Minutes oft the December 19, 2023, meeting  Proposed Zoning Amendments $153.355(A) Site Plan Requirements & $153.357 Site Plan Review Process for Commercial, Multi-Family and Special Use Applications: Reduce Number of Proposed. Amendments - $10 General Provisions, $1501 Building Regulations, $151 Flood Damage Prevention, $152 Subdivisions, and $153 Zoning: Modify Notice ofViolation, Civil  Copies Required for Review Process  Penalties, and Appeals Procedures to Clarify Procedures  Public Comment Response to Public Comment Board Member Comment Adjournment  Posted this gth day ofl February 2024. Administrative Assistant/Deputy Town Clerk  Jennifer Stecher  Copies to:  Mayor and Board of Commissioners, Planning Board members in their packet materials; Town Manager; Town bulletin boards; Sunshine List, including all news media; Electronic Distribution List; Town website and social media; file  Post Office Box 1719. 102 Town Hall, Kill Devil Hills, North Carolina 27948-252-449-3300-yww.kdhme.com    Minutes of the Tuesday, December 19, 2023, meeting of the Kill Devil Hills Planning Board held at 5:30 p.m. in the Town Hall Meeting Room, 102 Town Hall Drive, Kill Devil Hills,  North Carolina.  Members Present: Chairperson Howard Buchanan, T.J Dillon Heikens, Sandie Markland, Ron  Seidman, II, Becky Breiholz  Members Absent: Michael Lowack and Natalie Painter  Others Present:  Cameron Ray, Assistant Planning Director; Ryan Lang, Senior Planner;  and Jennifer Stecher, Deputy Town Clerk  Call to Order  At 5:30 p.m., Chairperson Howard Buchanan called the Tuesday, December 19, 2023, meeting oft the Kill Devil Hills Planning Board to order and welcomed everyone present.  Agenda Approval  Ron Seidman moved to approve the agenda for this meeting. Becky Breiholz seconded  the motion, which was approved by a unanimous, 4-0, vote. Approval of the Minutes of the October 17, 2023 meeting  Mr. Seidman moved to approve the October 17,2023, meeting minutes, as presented. Sandie Markland seconded the motion, which was approved by a unanimous, 4-0, vote.  Public Comment  Response to Public Comment Ongoing Business 1.  Proposed Zoning Amendment -1 153.310 Cottage Courts & 153.311 Cluster Homes- Proposed modification to Cottage Court and Cluster Homes Regulations At the October 17,2023, Planning Board meeting, the proposed amendment was tabled On August 14, 2023, the Board ofCommissioners directed stafft toj prepare an amendment for additional regulations in 153.310 Cottage Courts and 153.311 Cluster Homes. Those sections include minimum lot dimensions, minimum lot area, size and arrangement standards, minimum building separations, and driveway access standards. In addition to the listed requirements, these  by the Planning Board for further review.  DRAFT Minutes December 19,2023 Planning Board Page 1 of4    uses are required to comply with all development standards oft the zoning district where the Cottage Courts and Cluster Homes were originally adopted into the zoning ordinance to provide additional options for development, especially on the oceanfront as an incentive instead oflarge single-family dwellings. In 2022, density requirements were adopted for these uses in both the Ocean Impact and Commercial Zoning Districts to regulate the density of these developments consistently with other similar development types. Since the adoption oft the ordinance, three Cluster Home/Cottage Court developments have been approved by the Town for construction. During the plan approval process and construction of these projects, concerns have been conveyed about the unforeseen effects of these developments, including structure separation, height, and perceived bulk. Staff proposed several options to the Board of Commissioners for ways the Town's Cottage Courts and Cluster Homes ordinances could be The meeting packet included aj proposed zoning amendment to 153.310 Cottage Courts and 153.311 Cluster Homes. The proposed amendment will create an additional front yard setback in the OIR, reduce the maximum size of dwelling units, and create a tiered separation of structures, based on gross square footage and height. The proposed amendment was developed by reviewing existing cottage courts and cluster home plans and researching other municipalities' The group discussed varying options of square footage for both Cluster Homes and Cottage Court homes as an option to: move away from giant homes on and near the oceanfront. Keeping ini mind that Cluster Homes can have individual owners and Cottage Court has one owner, they are both an alternative to the excessively large homes that are built in the OIR zone, as well as decreasing the less appealing perception ofbulk on the oceanfront. Staffr noted the proposed chart promotes smaller development with the benefit of more homes able to fit ina Mr. Buchanan asked how Staff developed the numbers that were presented ini the proposed ordinance. Stafflooked at other ordinances in surrounding municipalities and noted Kill Devil Hills is on the higher end for square footage. By looking at similar towns, more specifically, Nags Head requires 1,500 square feet for their maximum. Staff did agree that the smaller square footage is appropriate for the RL: zone since long-term housing is more likely to bel built there. Mr. Buchanan thought 2,000 square feet would still create the appearance ofbulk, especially on the oceanfront. Ms. Markland preferred the 1500 square feet to 2,000 square feet. Mr. Seidman thought the smaller square footage may not be appealing from aj profit standpoint to builders, but ultimately settled with 1,500 square feet. Ms. Breiholz liked 1,500 square feet. Mr. Ray said the group had the option of eliminating the bottom row oft the proposed square feet Ms. Breiholz moved to forward this amended Zoning Amendment - 153.310 Cottage Courts & 153.311 Cluster Homes - Proposed modification to Cottage Court and Cluster Homes Regulations eliminating the 1,501 -2,000 SF option, and consistency statement to the Board of Commissioners, recommending approval: Ms. Markland seconded the motion, which was  development is located (OIR, Commercial, RL).  amended to address these concerns, and ini response to discussion.  ordinances.  Cluster Home development iflower square footage homes are built.  table and builders have the option to apply for a zoning amendment.  approved by a unanimous, 4-0, vote.  DRAFT Minutes December 19, 2023 Planning Board Page 2 of4    New Business 1.  Proposed Zoning Amendment-1 153.073 Landscaping Requirements - Modify On November 13, 2023, the Board of Commissioners directed Stafft to prepare an amendment for additional regulations for landscaping and buffer requirements for commercial use(s). The Town Code section 153.073 Landscaping Requirements" currently includes regulations for landscaping and buffering that are intended to provide separation of uses, promote aesthetic character, and promote public health and safety through the reduction ofnoise, The current Town: regulations for buffers between incompatible uses require screening at the property line. Screening shall be either a dense vegetative screen or as six-foot fence with landscaping on the outside. The buffer has to have a depth ofi five feet along property lines and ten feet along property lines abutting streets. Several concerns that previously came up were that the current regulations do not address commercial uses with greater intensity and certain types of fencing used. Primarily, the concern was that these regulations did: not address more intense uses or require enough buffer to protect existing adjacent uses from the effects of commercial uses. Staff proposed several options to the Board of Commissioners for options the Town's landscaping and buffer requirements could be amended to address the concerns. In: response to the discussion, an amendment to 153.073 Landscaping Requirements was ini the meeting packet. The amendment included clarification of buffers, increased depth ofl landscape buffer areas, and provided regulations for existing landscaping. Buffer clarifications are included for three different buffer types; incompatible use, incompatible zoning districts, and compatible use/streets buffer. The amendment also increased the minimum buffer area for incompatible uses and incompatiblezoning: from five feet to ten feet toj provide more landscaped buffer area between commercial use(s) and residential use(s). The amendment included regulations for existing landscaping (trees and shrubs) within the buffer area, including existing vegetation preservation between incompatible uses, specifically the preservation ofl live oaks within any buffer areas. Vegetation preservation allows existing vegetation to be used to meet the planting requirements for developments, which provides an incentive for developments tol have fewer new plantings required. Additionally, the amendment removes vinyl fences as an allowed material for fencing used for a landscape buffer. Staffrecommended the Planning Board Review the zoning Mr. Seidman made ai motion to forward the Proposed Zoning Amendment - 153.073 Landscaping Requirements- Modify Buffer Requirements for Commercial Use(s) and consistency statement with approval to the Board of Commissioners. Ms. Breiholz seconded the  Buffer Requirements for Commercial Use(s).  air, and visual pollution.  amendment to 153.073 for discussion.  motion, which passed with a unanimous 4-0 vote.  2.  Minor Subdivision Review - Ocean Breeze Townhomes: Phase 1-1 Proposed 5-Lot Ai minor subdivision meeting the requirements of 152 Subdivisions was part oft the meeting packet for the Ocean Breeze Townhomes: Phase 1 at 902 South Virginia Dare Trail in  Minor Subdivision  DRAFT Minutes December 19,2023 Planning Board Page 3 of4    the Commercial Zone. The sketch plan and preliminary plat requirements have been waived and the technical review certified by the Planning Director, consistent with $152.25. A minor subdivision requires approval by the Planning Board Chairperson before recordation. The action will be recorded for compliance with $152.25 oft the subdivision ordinance.  3.  2024 Planning Board Meeting Schedule  Ms. Markland moved to approve the proposed 2024 Planning Board meeting schedule.  Mr. Heikens seconded motion, which was approved by a unanimous, 4-0, vote.  Public Comment  Duke Geraghty, Government Affairs Director, Outer Banks Home Builders Association - Mr. Geraghty is a Cottage Court and Cluster home proponent. He expressed concern that the square footage approved tonight may be too: small. It may not be profitable or what people want  tor rent.  Response to Public Comment Board Member Comment Adjournment  There being no further business before the Planning Board at this time, Mr. Seidman moved to adjourn the meeting. Mr. Heikens seconded the motion, which was approved by a  unanimous, 4-0, vote. It was 6:02 p.m.  Submitted by:  Jennifer Stecher  Administrative Assistant/Deputy Town Clerk  DRAFTI Minutes December 19, 2023 Planning Board Page 4 of4    Director of Planning and Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN: BLYTHE  Assistant Director of Planning and Inspections CAMERON: RAY Senior Planner RYANLANG Zoning Administrator DONNA ELLIOTT  Birthplaceot Aviation THCARO  THE TOWN OF KILL DEVIL HILLS  NORTH CAROLINA PLANNING DEPARTMENT  February 13, 2024 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director K  Proposed Zoning Amendment- $153.355(A) Site Plan Requirements & $153.357 Site Plan Review Process for Commercial, Multi-Family and Special Use Applications: Revise  Number of Copies Required for Submittal  During the. January 24, 2024 Board of Commissioners meeting, the Town Clerk presented a report on ways to reduce the Town's Carbon Footprint as this was one ofi the Board's goals for Killl Devil Hills. One item that was presented was to decrease the number of paper copies requiredi fors site plan review. After consideration, the Board directed Stafft to develop an ordinance amendment to decrease the required Currently, Town code sections 153.355(A) & 153.357 requirei fifteen copies of plans to be submitted: at each submittal, which is a minimum oft three submittals fora at total of 45 copies. Attached is a proposed amendment to 153.355(A) & 153.357 to decrease the required number of copies for site plan review from fifteen tot five accompanied by an electronic copy. As proposed, the reduced total number of copies will: significantly reduce the amount of paper resources usedi fort the site plan review process as Staff recommends forwarding the attached zoning amendments to $153.355(A): Site Plan Requirements & $153.357 Site Plan Review Process for Commercial, Multi-Family and Special Use Applications and consistency: statement to the Board of Commissioners with ai favorable recommendation.  number to five accompanied by an electronic copy.  well as reducing the cost for applicants.  102 Town) Hall Drive * POI Box 1719* *] Kill Devill Hills, NC 27948 * (252) 449-5318 * Fax (252)441-4102    Ordinance Number  AN ORDINANCE AMENDING THE KILL DEVIL: HILLS TOWN CODE, BE ITI HEREBY ORDAINED BY THE. Kill Devil Hills Board ofCommissioners that Chapter 153, Zoning, oft the Kill Devil Hills Town Code, shall be amended by adding the underlined language and deleting the following stricken language to the sections identified below, as  CHAPTER 153, ZONING  follows:  ADMINISTRATION AND ENFORCEMENT  S 153.355 SITE PLAN REQUIREMENTS.  (A) Upon submission ofc commercial, industrial and multi-family site plans fori initial staff review, the developer shall have the site plan prepared, stamped or sealed and signed by persons duly authorized by state law. The site plan shall be submitted with tentative Health Department approval and the developer shall pay all site plan review fees as required by the adopted fee schedule. Five paper Fifteen copies and an electronic copy of the site plan shall be delivered to the Planning Director who shall distribute same to the heads oft the Public Services Department, the Police Department, the Fire Department and such other town officials and departments as the Board may direct. Each such department head and town official shall review the site plan and report any comments or recommendations in writing to the planning staff at which time the planning staff shall meet with the site plan preparer to address recommendations and comments  fori revision.  Requested Amendment  Chapter 153, Zoning, 153.355 Site Plan Requirements & 153.357 Site Plan Review Process for Commercial, Multi-Family and Special Use Applications- Decrease number ofj plan submissions to five paper copies, with electronic copy submittal  Page -1-of4    S 153.357 SITE PLAN REVIEW PROCESS FOR COMMERCIAL, MULTI-FAMILY (A) Prior toj preparing a site plan for commercial, multi-family and special use applications, the preparer should obtain a sitej plan requirements list from the Planning Department. This check list covers most items required on site plans, and the site plan preparer should address all items on the list before submitting a site plan. Applicants are encouraged toi review their particular cases with the staffi in a sketch plan meeting prior to submission of formal application.  AND SPECIAL USE APPLICATIONS.  A: sketch plan review by the Planning Board may be recommended.  (B) (1) On or before the third Tuesday oft the: month prior to Planning Board review, site  plan preparer submits the following to the Planning Department staff:  (a) Five paper Fifteen copies and an electronic copy oft the site plan, all items on checklist  addressed and an engineer's seal on the plan;  (b) Letter oft tentative Health Department approval, from the local or state agency having  jurisdiction;  (c) Site plan review fee.  (2) The application is then circulated to the appropriate town departments for staff reviewl I. (C) Staff comments I due to Planning Department on Monday following receipt of plans. (D) On the fourth Tuesday oft the month, site plan preparer meets with the planning staff for a preliminary review oft the site plan. This meeting will include discussion ofi recommendations  from the town departments.  Requested Amendment  Chapter 153, Zoning, 153.355 Site Plan Requirements & 153.357 Site Plan Review Process for Commercial, Multi-Family and Special Use Applications- Decrease number of plan submissions to five paper copies, with electronic copy submittal  Page-2-of4    (E) On the first Tuesday oft the following month, the site plan preparer submits five paper 15 copies and an electronic copy oft thes site plan, revised to address issues raised by the staff at the  preliminary site plan review meeting.  (F) On the following Wednesday, staff review II begins.  (G) On the following Monday, staff comments II are due to the Planning Department. (H) On the second Friday oft the month, Planning Board packets will be ready. Copies ofthe Planning Department staff comments to the Planning Board will be available to site plan preparers. Comments can be obtained after 1:00 p.m. Friday at the Planning Department. (I) On the third Tuesday oft the month, the Planning Board will review the site plan. They will make recommendations to the Board of Commissioners such as: approval as submitted, approval with conditions, disapproval or that the plan be tabled to allow the preparer to address the Planning Board's concerns. Ini the event that the plan is tabled by the Planning Board, the tabling motion shall expire two years from the date of the tabling motion. Such plan shall be  reconsidered only after the applicant: (1) Pays the full site plan review fee; and  (2) Resubmits the plan through the prescribed site plan approval process as specified in this  chapter.  (J) Ifthe Planning Board forwards the plan to the Board of Commissioners, the site plan preparer must submit five paper 15-copies and an electronic copy of the site plan, addressing any and all conditions, to the Planning Department by the fourth Tuesday oft the month in order to be  considered at the Board of Commissioners' regular meeting the next month.  Requested Amendment  Chapter 153, Zoning, 153.355 Site Plan Requirements & 153.357 Site Plan Review Process for Commercial, Multi-Family and Special Use Applications- Decrease number of plan submissions to five paper copies, with electronic copy submittal  Page- -3-of4    (K) On the first Monday of the following month, staff comments and revised site plan will be  sent to the. Administration Department by 5:00 p.m.  (L) After 1:00 p.m. on the Friday before the Board of Commissioners meeting, copies of staff  comments can be obtained at the. Administration Department.  (M) The Board of Commissioners will review site plans on the second Monday ofthe month. At that time the Board of Commissioners will approve, conditionally approve, disapprove or  table the proposed project.  (N) Once a site plan has the Board of Commissioners' approval, the Building Inspector may issue al building permit during the next 365 days, provided that all other requirements oft this chapter and other applicable town ordinances are met. Ifal building permit is not secured within 365 days from final approval of the site plan, the site plan approval expires and the applicant must resubmit the site plan for review by the Planning Board and the Board of Commissioners. In the event the applicant certifies to the Planning Director that there have been no intervening ordinance or regulatory changes affecting siting and use and there is no significant change in the site plan design, then the Planning Director may certify such conditions. Upon such certification, the Planning Director may give the applicant 90 days in which to secure a building permit. In the event: no building permit is secured within the 90-day period, the site plan approval extension shall expire and the site plan must bei resubmitted through the prescribed site plan approval  process as specified in this chapter.  (0) Rejected site plans may be resubmitted in accordance with this chapter when redrafted to  meet the specifications ofthis chapter and upon payment oft the required fees.  Requested. Amendment  Chapter 153, Zoning, 153.355 Site Plan Requirements & 153.357 Site Plan Review Process for Commercial, Multi-Family and Special Use Applications- Decrease number of plan submissions to five paper copies, with electronic copy submittal  Page- 4-of4    PLANNING BOARD REPORT  Per NCGS 160D-604(b), Zoning Amendments. - Subsequent toi initial adoption ofa a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall bes submitted to thej planning board for review and comment. Ifno written report is received from the planning board within 30 days of referral of the amendment to that board, the governing board may act on the amendment without the planning board report. The governing board is not bound by the recommendations, ifany, oft the planning board. Per NCGS 160D-604(d), Plan Consistency - When conducting ai review of proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. Thej planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by thej planning board that aj proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval oft thej proposed amendment by the governing board. Ifa: zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D- 602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in thei relevant adopted plans were considered in the  recommendation made.  PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment - $153.355(A) Site Plan Requirements & $153.357 Sitel Plan Review Process for Commercial, Multi-Family and Special Use Applications: Revise Approval/Denia!: Planning Board finds that the Proposed Zoning Amendment - $153.355(A) Site Plan Requirements & $153.357 Site Plan Review Process for Commercial, Multi-Family and Special Use Applications: Revise Number of Copies Required for Submittal is/is not consistent with the adopted Land Therefore, thel Planning Board finds thej proposed amendment is consistentinconsistent with the objectives and policies contained in thel Kill Devil Hills Land Use Plan and/or other officially adopted This report reflects the recommendation oft thel Planning Board with a vote of to_ this the  Number of Copies Required: for Submittal  Use Plan.  plans oft the Town that are applicable. thirteenth day of] February, 2024.  Attest:  Planning Board Chairman  Secretary of Planning Board    Director of Planning andl Inspections MEREDITH GUNS Buildingl Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDANI BLYTHE  DEVIL Birlhplaceol Aviation THCARO  Assistant Director of Planning and] Inspections CAMERON: RAY Senior Planner RYANI LANG Zoning Administrator DONNA: ELLIOTT  THE TOWN OF KILL DEVIL HLLS  NORTH CAROLINA PLANNING DEPARTMENT  February 13, 2024 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director  Proposed. Amendments - $10 General Provisions, $150 Building Regulations, $151 Flood Damage Prevention, $152 Subdivisions, and $153 Zoning: Modify Notice of Violation,  Civil Penalties, and Appeals to Clarify Procedures  Attached are proposed amendments that have been prepared to modify the Town's notice of violation, civil penalties, and appeals procedures for clarification. The amendments aret tot thei following chapters; 510 General Provisions, $150 Building Regulations, $151 Flood Damage Prevention, $152 Subdivisions, The proposed amendment to Chapter 10 General provisions includes the addition of definitions and revisions for consistency withi the definitions. The proposed definitions are "Civil Penalty" and Violation" and arel being proposed: so that it is clear what these items are when referred to in portions of Chapter 10. Additionally, Chapter 10i includes language revisions and is restructured to clarify verbiage to be consistent with definitions while being more organized fort the interpretation for Town staff and the public in regards to violations, who is authorized toi issue violations, civil penalties, and The proposed amendment to Chapter 150 Building Regulations provides a new section for appeals to decisions made by a building inspector in regards toi the enforcement oft the North Carolina Building Code. Appeals toi these decisions are required by NCGS to bel heard by the North Carolina Department of The proposed amendment to Chapter 151 Flood Damage Prevention revises the appeal board for corrective procedures appeals toi the Board of Adjustment, which is the appropriate board to review an appeal of this ordinance. Additionally, a news section was added for all appeals of Chapter 151 to provide The proposed amendment to Chapter 152 Subdivisions restructures thes section for violations and appeals to be at the end of the ordinance tol be consistent with other Town code sections. Additionally, the amendment adds a new: section for all appeals to the Subdivision ordinance and provides proper  and $153 Zoning.  appeals to violations.  Insurance and the amendment provides reference to codei fort this process.  proper procedure by reference.  procedure by reference  1021 Town) Halll Drive * POI Box 1719* Killl Devill Hills, NC 27948 * (252) 449-5318 *] Fax (252)441-4102    Ordinance Number  AN ORDINANCE AMENDING THE KILL DEVIL HILLS TOWN CODE, CHAPTERS 10, GENERAL PROVISIONS; 150 BUILDING REGULATIONS; 151 FLOOD DAMAGE PREVENTION; 152,  SUBDIVISIONS; AND 153, ZONING  BE ITI HEREBY ORDAINED BY THE Kill Devil Hills Board of Commissioners that Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning, of the Kill Devil Hills Town Code, shall be amended by adding the underlined language and deleting the following stricken language to the sections identified  below, as follows:  CHAPTER 10: GENERAL PROVISIONS  $10.05) DEFINITIONS.  (A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having aj peculiar and appropriate meaning in law shall be  understood according to their technical import.  (B) Definitions. For the purpose ofthis code, the following definitions shall apply unless the  context clearly indicates or requires a different meaning.  CIVIL PENALTY. Fines against a responsible party for violationf)ofTown Code  VIOLATION. An action that goes against. violates. breaks. ori is contrary to the provisions of  Town, State, or Federal Code.  Proposed. Amendment to Clarify Process Page-1-of11  Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning Modify Notice of Violation, Civil Penalties, and Appeals    $10.18 VIOLATIONS.  (A) Violations of any and all ofthis Code ofOrdinances. shall subject the offender to remedies hereinafter provided: except. that where the General Statutes of North Carolina provide specific civil remedies for violations of provisions of this Code adopted pursuant to such statutes, such remedies available to the Town for enforcement ofthis Code shall bei in addition to the  remedies stated in this chapter. (B) Notice ofviolation procedure.  (1) Fora any and all violations oft this Code ofOrdinances. the authorized staffs shall give written notice to the landowner of the subject property and tenant, if applicable. The written notice shall be delivered by personal delivery. electronic mail or by first-class mail. The notice shall be provided using the last address listed for the owner on the Dare County tax records and/or to the physical property address. For the purposes oft this notice, delivery by first-class mail shall be deemed received on the third business day following deposit oft the notice in the mail with the United States Postal Service and delivery by electronic mail shall be deemed  received on the date sent.  2) Posted notice. Notice of violations may also be posted on the property at the discretion  oft the authorized staff.  $10.1819 AUTHORIZATION TO ISSUE CVLCFFATIONS VIOLATIONS. The following staff positions within the town are. hereby authorized to issue eivileitations  notice of violations on behalfo ofthe Board ofCommissioners:  Proposed. Amendment to Clarify Process Page-2-of11  Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning Modify Notice ofViolation, Civil Penalties, and Appeals    (A) Police Department - all sworn officers and animal control personnel;  (B) Planning and Inspections Department - Code Enforcement Officer; Building Code(s) Inspector; Chief Building Inspector; Zoning Administrator; Senior Planner; Assistant Planning  Director; Planning Director;  (C) Fire Department - Fire Marshal;  (D) Public Services Department - Solid Waste Management Supervisor Superintendent; Sanitation Team Crew Leader; Street & Stormwater Management Maintenance Supervisor; Water Plant Supervisor; Water Distribution Systems Supervisor; Assistant Public Services  Director.  $10.9920 GENERAL CIVIL PENALTY.  (A) In accordance with G.S. $ 160A-175, and unless this code of ordinances provides otherwise, violation of any provision hereof shall be a Class 3 misdemeanor as provided in G.S. $ 14-4, punishable upon conviction by a fine not exceeding $50 or by imprisonment not exceeding 30 days. An ordinance may provide by express statement that the maximum fine or term ofimprisonment tol be imposed fori its violation shall be some figure or number of days less  than the maximum penalties prescribed by G.S. $ 14-4.  (B) Penalties.  (1) As authorized by G.S. S 160A-175, the violation of any of the provisions oft this code shall subject the person or entity violating such provisions to a civil penalty of $50 per day for each oft the first 15 days such violation continues after notice oft the violation from the town, Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning Modify Notice ofViolation, Civil Penalties, and Appeals  rroposea Amenament to Clarify Process Page-3-of11    $100 per day for the sixteenth through the thirtieth day such violation continues after the initial notice from the town, and $500 or the maximum amount authorized under the provisions of the North Carolina General Statutes, whichever is greater, for each day after 30 days that such  violation continues after the initial notice from the town.  (2) Thei imposition and collection of the foregoing civil penalties shall be in addition to all other remedies available to the town atl law or in equity, authorized under the provisions of the North Carolina General Statutes, including but not limited to the suspensions ofl licenses and permits and actions to abate, enjoin or otherwise remedy violations oft this code and all such remedies shall be cumulative. The imposition of civil penalties or the use of any other civil remedy available to the town shall be in addition to and not exclusive of any criminal proceeding and/or penalties available and/orin imposed for the violation of the Town Code thiscede. (C) An ordinance may provide, when appropriate, that each day's continuing violation shall  be a separate and distinct offense. -NoHee-ewelatorproeedhre.  ForanyandallvelatoenseftasCedeofOrimans,theasthnenedslaffshalgive Witen-meticete-thelandowpereflesabeeprepertyandtemamt-fappleable-Phe-witen moticeshal-bedehiverelveredbypermemaldelivepeecteniemalerby-fimtdlass-mail.-The-melice halepovidelsingiiataaaderewreeeDwreCoumy-arreends anderte-thephysiealperyadres-forlhepupesesesflhismeiepdelvery-by-firstelass maiahalhedemsdrseinchialeaishaindylalagipasitefhemaieinie  Proposed Amendment to Clarify Process Page-4-of11  Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning. Modify Notice of Violation, Civill Penalties, and Appeals    mail-withthe-United StatesP Pestal Service-ané-delveryey-byeledienemalshal-bedeemea  eceledontiedmiesent:  2Pested-eticee-ofvielatiens-may-aise-bepestedenthepropertyatthe-diseretion  ofteauthotedsta:  S1 10.1921 APPEAL OF CMLCFFATIONS VIOLATIONS.  CivilCitation A violation issued pursuant to $ 10.99 10.18, except eivileitationissuedin vielationof violations to Chapter 150, (Building Regulations)s: Chapter 151, (Flood Damage Preventionsa Chapter 152, (Subdivision)s: and Chapter 153, (Zoning); may be appealed first to the head of the issuing department, or their designees, and, then, to the Town Manager, or their designee, if the appealing party finds the department head's decision unacceptable in accordance with this section. Those issued under TitleXV LandUsage-seetien Chapter 151.Flood Damage Prevention: Chapter 152. Subdivision: and Chapter 153. Zoning, sections of the code shall follow procedures outlined in $ 153.322. Those issued under Chapter 150. Building  Regulations. oft the code shall follow procedures outline in $150.31.  An appeal of a eivileitation violation to $10.18 shall adhere to the following procedure:  (A) To be considered, an appeal of a violation shall be submitted in writing to the Town Clerk  within 14 days from the date the civil violation is issued.  (B) Upon receipt, the Town Clerk shall forward the appeal to the department head for review and action to either reverse or affirm the issuance ofthe eivileitation violation. In their  rroposea. Amenament to Clarify Process Page-5-of11  Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning - Modify Notice of Violation, Civil Penalties, and Appeals    consideration oft the appeal request, the department head shall include written and/or oral comment from the appealing party and the staff member who issued the civileitation violation. The department head shall review and act on the appeal as soon as possible erwithin, but inno instance more than 30 days of from the date ofreceipt oft the appeal ecemplete-thisproes. (C) In the event the appealing party is dissatisfied with the department head's action to either reverse or affirm the issuance oft the civileitation violation, a second appeal request may be submitted in writing to the Town Manager by the appealing party not later than five days from the date the first appeal is held ruled upon, and this second appeal shall be held acted upon as soon as possible erwithin, but inj no instance more than 30 days oft the department head's  decision.  (D) After deliberation, the Town Manager may reverse or affirm the decision of the  department head on the issuance of the civileitation violation.  (E) In the event the appellant has exhausted all administrative remedies with the town, then they may file a civil action in the Superior Court for Dare County, North Carolina.  CHAPTER 150: BUILDING REGULATIONS  $150.31 APPEALS OF ENFORCEMENT OF THE NORTH CAROLINA BUILDING  CODE.  (A) Whenever the building inspector shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials tol be used in the erection or alteration ofa Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning - Modify Notice of Violation, Civil Penalties, and Appeals  Froposea Amenament to Clarify Process Page-6-of11    building or structure as ai result ofviolation(s) )ofthe North Carolina Building Code ("Code").or when iti is claimed that the provisions oft this Code do not apply or that an equally good or more desirable form of construction can be employed in anys specific case. or when iti is claimed that the sure intent and meaning of this Code or any oft the regulations thereunder have been misconstrued or wrongly interpreted. the owner ofs such building or structure. or his duly authorized agent, may appeal from the decision oft thel building inspector to the commissioner of  insurance or other official specified in G.S. 143-139. CHAPTER 151: FLOOD DAMAGE PREVENTION S1 151.43 CORRECTIVE PROCEDURES.  (A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws; it shall be his or her duty to notify the owner or occupant ofthe building of the violation. The owner or occupant shall immediately remedy each ofthe violations  oflaw cited in such notification.  (B) Actions in event offailure to take corrective action. Ift the owner of al building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice by certified or registered mail to the owner's last known address or by personal  service, stating:  (1) That the building or property is in violation ofthe floodplain management regulations; (2) That a hearing will bel held before the Floodplain Administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning - Modify Notice of Violation, Civil Penalties, and Appeals  Proposed Amendment to Clarify Process Page-7-of11    entitled to be heard inj person or by counsel and toj present arguments and evidence pertaining to  the matter; and  (3) That following the hearing, the Floodplain Administrator may issue an order to alter,  vacate, or demolish the building; or to: remove fill as applicable.  (C) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development isi in violation of this chapter, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be  feasible.  (D) Appeal. Any owner who has received an order to take corrective action may appeal the order to the selestegeweminglay Board of Adjustment by giving notice of appeal in writing to the Floodplain Administrator and the Town Celerk within ten days following issuance of the final order and follow the procedures outlined in $153.322. In the absence of an appeal, the order oft the Floodplain Administrator shall be final. The eal-govemmingbedy, Board of Adjustment shall hear an appeal within ai reasonable time and may affirm, modify and affirm, or  revoke the order.  (E) Failure to comply with order. Ift the owner ofal building or property fails to comply with an order to take corrective action for which no appeal has been made or: fails to comply with an order ofthe geverning! bedy Board of Adjustment following an appeal, the owner shall be guilty Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning - Modify Notice of Violation, Civil Penalties, and Appeals  Proposed Amendment to Clarify Process Page-8-of11    ofa Class 1 misdemeanor, pursuant to G.S. $ 143-215.58 and shall be punished at the discretion  oft the court. $151.45. APPEALS.  Appeals to the enforcement or violations issued pursuant to this chapter shall be appealed to  the Board of Adjustment and follow the procedures outlined in $153.322.  CHAPTER 152: SUBDIVISIONS  S 152.598 RECORDING OF EXEMPT PLATS.  (A) Any plat required to be recorded in the office oft the Dare County Register of] Deeds of land situated in the town, which complies with G.S. $ 160D-802 as an exempt plat, may be signed and certified by the Town Planner to bei in compliance with such exemption statute. (B) The combination or recombination of portions of previously subdivided and recorded lots, ifthe total number of] lots is not increased, the combination will not create or increase any nonconformities oft the town code, and the resultant lots are equal to or exceed the standards of the town as established by this chapter, or the resultant lot(s) will be equal to or less  nonconforming by area.  (C) The division of land into parcels greater than ten acres, ifi no street right-of-way  dedication is involved.  (D) The public acquisition by purchase of strips ofl land for the widening or opening of streets. Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning Modify Notice of Violation, Civil Penalties, and Appeals  Proposed Amendment to Clarify Process Page-9-of11    (E) The division ofat tract ofland in single ownership, the entire area of which is no greater than two acres, into not more than three lots, where no street right-of-way dedication.  $152.589 VIOLATIONS.  Any person who, being the owner, or agent oft the owner of any land located within the jurisdiction of this chapter, transfers or sells such land by reference to, exhibition of, or any other use ofa a plat showing a subdivision of such land, before such plat has been properly approved in accordance with this chapter and recorded: in the Office of the Register of Deeds, shall be guilty ofai misdemeanor. The description ofi metes and bounds in the instrument oft transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties provided therefore. The town may also seek injunctive relief for the illegal subdivision,  transfer, conveyance or sale of] land. $152.60 APPEALS.  Appeals to the enforcement or violations issued pursuant to this chapter shall be appealed to  the Board of Adjustment and follow the procedures outlined in $153.322.  Proposed Amendment to Clarify Process Page- - 10-of11  Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning Modify Notice of Violation, Civil Penalties, and Appeals    CHAPTER 153: ZONING CODE  ADMINISTRATION AND ENFORCEMENT  $153.365 ENFORCEMENT.  (A) Any work or activity subject to regulations pursuant to this chapter or other applicable local development regulations or any state law delegated to the local government is undertaken in substantial violation of any state to local law, or in ai manner that endangers life or property,  staff may order that work or activity to be immediately stopped.  (B) When an activity is undertaken in violation of the development regulations adopted pursuant to this chapter or other local development regulations or any state law delegated to the local government for enforcement purposes, ai notice of violation ean shall be issued in accordance with $ 10.99 10.18. Notice of violation may be posted on the property.  $153.366 APPEALS.  Appeals to the enforcement or violations issued pursuant to this chapter shall be appealed to  the Board of Adjustment and follow the procedures outlined in $153.322.  This amendment to Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning, shall be in full force and effect  from and after the  day of  2024.  Proposed. Amendment to Clarify Process Page-1 11-of11  Chapters 10, General Provisions; 150, Building Regulations; 151, Flood Damage Prevention; 152, Subdivisions; and 153, Zoning - Modify Notice of Violation, Civil Penalties, and Appeals    PLANNING BOARD REPORT  Per NCGS 160D-604(b), Zoning Amendments. - Subsequent to initial adoption ofa a zoning regulation, all proposed amendments to the zoning regulation or zoning map: shall be submitted to thej planning board for review and comment. Ifno written report is received from the planning board within 30 days of referral of the amendment to that board, the governing board may act on1 the amendment without the planning board report. The governing board is not bound by the recommendations, ifany, oft thej planning board. Per NCGS 160D-604(d), Plan Consistency - When conducting a review of proposed zoning text or map amendments pursuant to this section, thej planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. Thej planning board shall provide a written recommendation tot the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by thej planning board that aj proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval oft the proposed amendment by the governing board. Ifa zoning map amendment qualifies as a' "large-scale rezoning" under G.S. 160D- 602(b), thej planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the  recommendation made.  PLANNING BOARD RECOMMENDATIONS  Proposed.Amendment. Title: Proposed Zoning Amendment - $10 General Provisions, $150 Building Regulations, $151 Flood Damage Prevention, $152 Subdivisions, and $153 Zoning: Modify Notice of Approval/Denia!: Planning Board finds that the Proposed Zoning Amendment - $10 General Provisions, $150 Building Regulations, $151 Flood Damage Prevention, $152 Subdivisions, and $153 Zoning: Modify Notice of Violation, Civil Penalties, and Appeals to Clarify Procedures is/is not consistent with Therefore, the Planning Board finds thej proposed amendment is consstenv/inconsistent with the objectives and policies contained in the Kill Devil Hillsl Land Usel Plan and/or other officially adopted This report reflects the recommendation of the Planning Board with a vote of to_ this the  Violation, Civil Penalties, and Appeals to Clarify Procedures  the adopted Land Use Plan.  plans oft the' Town that are applicable. thirteenth day of] February,2024.  Attest:  Planning Board Chairman  Secretary of Planning Board