DEVIL  TOWN OF KILL DEVIL HILLS Land Where Flight Began NOTICE OF PUBLIC MEETING Electronic Format Using Zoom Software  Birthplace ol Aviation TH CAROP  NOTICE is hereby given that on Tuesday, January 19, 2021 at 5:30 p.m. the Kill Devil Hills Planning Board will hold its regular meeting of the month. In order to maintain the safety ofTown residents, Staff, and Board of Commissioners, the meeting will be electronic using Zoom software. Aj printed packet is available for public inspection in the Planning Department, 102 Town Hall Drive, off Colington Road. Please contact the Department at 252-449-5318 to schedule an inspection time. Packet materials can also be viewed on the Town's website at ittps/www.kdhnnc.com/38/Planning-Board. Written comments for Public Comment can be emailed to: info@kdhnc.com. Comments must include your name and address and should be limited to three minutes when read aloud. Oral comments will also be welcomed through Zoom The agenda follows, and the meeting can be accessed by the public by joining the Zoom htps/rom.wi9.32692789M67pNe-YTBOZGIOTEFPNANMOIGMSXMRdd-09 Or Dial: 13126 626 6799 or 192920560991 US When prompted, enter meeting ID: 923 2698 6576 followed by the (#) sign. Enter password: 834978 followed by the (#) sign.  participation. Meeting:  Meeting ID: 923 2698 6576 Password: 834978  AGENDA  Call to Order Agenda Approval  Approval of the Minutes of the November 17, 2020 meeting Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Response to Public Comment Old Business 1. New Business 1.  Proposed Zoning Amendment Chapter 153.076(D) Off-Street Parking and Loading Modify Table ofl Parking Requirements for Retail, Office and Related Uses Proposed Zoning Amendment for Accessory Dwelling Unit: 153.002 Definition - Add Definition for Accessory Dwelling Unit; 153.076 Off Street Parking and Loading - Develop Parking Requirements for Accessory Dwelling Units; Add 153.315 Accessory Dwelling Units (New Section); and 153.176 Commercial, 153.206 Light Industrial Two and 153.226 Light Industrial One - Add. Accessory. Dwelling Unit as a Permitted Use Proposed Zoning Amendments Chapter 153, Zoning - Reduce Minimum Lot Size to 15,000 Square Feet forl Duplex Dwelling Units in 153.160(B)(2) Residential High, 153.180(B)(2) Commercial, 153.210(B)(2) Light Industrial Two and 153.230(B)(2) Light Industrial One  2.  Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Response to Public Comment Board Member Comment  Post Ofice Box 1719. 102 Town. Hall, Kill Devil. Hills, North Carolina 27948-252-49.3300-yw.dhmecom    Adjournment  Posted this 13th day of. January 2021.  Jennifer Stecher Planning Board Clerk  Copies to: Mayor and. Board ofCommissioners, 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 2948-252-449-3300-wnnw.kdme.com    Minutes of the December 15, 2020, virtual meeting of the Kill Devil Hills Planning Board held remotely and electronically beginning at 5:30 p.m. utilizing Zoom software in order to maintain the safety of Town residents, Staff, and Planning Board members. There were several methods the public could use toj participate in or view the meeting, which were Members Present: Chair Howard Buchanan, James Almoney, Mark Evans, T. Dillon  detailed on the distributed meeting agenda.  Heikens, Mike Lowack, Ron Seidman, II, Mary Simpson  Members Absent: Others Present:  Meredith Guns, Planning Director; Cameron Ray, Assistant Planning Director; James Michael O'Dell, Deputy Town Clerk; Jennifer Stecher,  Planning Board Clerk  Call to Order  At 5:30 p.m., Chair Howard Buchanan called this meeting oft the Kill Devil Hills Planning Board to order and welcomed everyone present via Zoom software. He conducted ai roll  call of Planning Board members:  Chairman Howard Buchanan James Almoney Mark Evans T.Dillon Heikens Mike Lowack Mary Simpson  Here Here Here Here Here Here  There were several attendees representing members oft the public, and the panelists included the Planning Board members, Staff, and the applicant present and participating in the meeting. The meeting was managed by Deputy Town Clerk Michael O'Dell.  Agenda Approval  Mark Evans moved to approve the agenda for this meeting, as presented. James Almoney seconded that motion, and the motion carried unanimously, 6-0, which was recorded by roll call  vote:  Chairman Howard Buchanan James Almoney Mark Evans T.J Dillon Heikens Mike Lowack  Yes Yes Yes Yes Yes  Draft December 15,2020 Planning Board Meeting Page 1 of6    Mary Simpson  Yes  Approval of the Minutes of the November 17, 2020 meeting  Mary Simpson moved to approve the minutes of the November 17, 2020, meeting as presented. Dillon Heikens seconded the motion, which carried unanimously, 6-0, and was  recorded by roll call vote:  Chairman Howard Buchanan James Almoney Mark Evans T.Dillon Heikens Mike Lowack Mary Simpson  Yes Yes Yes Yes Yes Yes  Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Chair Buchanan stated that the Planning Board had received several public comment letters and emails, which will be included as part oft the record of the meeting. The clerk read the  names and address of each individual that submitted a public comment:  Susan and Bill Smith of 1524 Baileys Bay Road, Killl Devil Hills David Obermeier of 13301 Devonshire Road, Kill Devil Hills Nicholas Opencar of1 1521 Devonshire Road, Kill Devil Hills Lorena de la Garza of 1516 Baileys Bay Road, Kill Devil Hills Mike Greco of 1512 Baileys Bay Road, Kill Devil Hills  Response to Public Comment  No response from the Planning Board members regarding Public Comment.  Old Business  1. Conditional Site Plan Review - Bermuda Bay P.U.D. - Section 200A - Amend Site Plan for (2) Four Story Multi-Family Structures and Associated Site Improvements The Conditional Use Site Plan Review submitted by BB Southampton Mews, LLC, for Bermuda Bay P.U.D., Section 220A, amending the previously approved conditional use site plan. The plan includes an amendment to the conditional use site plan including (2) four story multi-family structures (apartment style, mostly 1 or 2 bedroom units) including 112 units with 192 overall bedrooms and associated site improvements with the development name Somerset." The packet contains the commercial site plan review application, email from applicant regarding phasing/construction schedule for Bermuda Bay PUD, applicant's attorney response to Staff's most recent technical review comments, and the Town Attorney's: response. At its November 17,  Draft December 15,2020 Planning Board Meeting Page 2 of6    2020, meeting, the Planning Board tabled this Conditional Use Site Plan Review: for the applicant to address Staff conditions. The applicant has addressed most of Staff's technical review conditions and only needs to incorporate the phasing plan from the applicant email dated 12/04/2020 into the site plan submittal to the KDH Board of Commissioners. Planning Staff recommended that the Planning Board forward the plan to the Board of Commissioners with a favorable recommendation after the phasing plan is incorporated into the site plan. Bob Howsare, applicant representative, was on the call to address any questions regarding the applicant. Ms. Simpson asked whether the Town can hold the applicant to the schedule. Assistant Planning Director Ray noted that the schedule is necessary to bring site plan in compliance according to the Town ordinance. The Town Attorney has reviewed the schedule and has approved it. Mr. Almoney wanted clarification regarding homeowner association HOA stance on the development. Assistant Planning Director Ray replied that the Town attorney is satisfied with thei information provided by the applicant's attorney regarding HOA approval oft the proposed Mr. Evans moved to forward the Site Plan Review - Bermuda Bay P.U.D. - Section 200A - Amend Site Plan for (2). Four Story Multi-Family Structures and Associated Site Improvements, after the applicant incorporates the phasing plan into the site plan, to the Board of Commissioners for consideration. Mary Simpson seconded the motion, which carried  development.  unanimously, 6-0, and was recorded by roll call vote:  Chairman Howard Buchanan James Almoney Mark Evans T.J Dillon Heikens Mike Lowack Mary Simpson  Yes Yes Yes Yes Yes Yes  2.  Site Plan Review = 709 North Virginia Dare Trail - Ocean Impact Residential Zone Proposed Cluster Home Development including (14) Single-Family Dwellings and The Site Plan Review submittal by SAGA Realty and Construction for aj proposed Cluster Home Development at 709 North Virginia Dare Trail is proposed to include (14) detached single-family dwellings, shared driveway, dune walkover including an open and covered deck, and associated site improvements. Each proposed single-family dwelling is not to exceed 2,500 square feet of gross floor area and is designed as either a (A) unit with (4) bedrooms or (B) unit with (5) bedrooms. Additionally, each dwelling includes a pool and required parking is contained beneath the structure. The proposed cluster home development is a permitted use in the Ocean Impact Residential Zone. Ini the meeting materials, there isa a commercial site plan review application, site plan, conceptual building plans, KDHWWTP, LLC willingness to serve, and the applicant's response to Town Staff technical review (1) comments, and most recent staffo comments. The Planning Board tabled this Site Plan Review at the November 17, 2020, meeting for the applicant to address the absence ofi required floor plans and  Associated Site Improvements  Draft December 15, 2020 Planning Board Meeting Page 3 of6    elevation, as well as the need toj provide note ofl locations where a fence is not being used fora buffer, showing that the landscaping will be buffer landscaping. Mr. Ray stated the applicant had addressed all of Staff's conditions and Staffrecommended the plans be forwarded to the Board ofCommissioners with ai favorable recommendation. Mr. Almoney wanted to mention a response by the applicant to a technical comment regarding sprinkler system for each dwelling despite the applicant's opinion that they are: not necessary. The accessibility road to thej planned cluster home development does not meet the intent of section 503 oft the NCI Fire Code, therefore, the development is required to provide means offire protection for each dwelling. Mr. Ray can explain to the applicant that the NC Fire Code, section 503 is the reason that an approved means of fire protection is necessary, in this case, is fire suppression for each dwelling. Mr. Lowack moved to approve to forward the Site Plan Review-709: North Virginia Dare Trail - Ocean Impact Residential Zone - Proposed Cluster Home Development including (14) Single-Family Dwellings and Associated Site Improvements, after the applicant is informed that the NC: Fire Code requires sprinklers in each home, to the Board of Commissioners for consideration. Mr. Evans seconded the motion, which carried unanimously, 6-0, and was  recorded by roll call vote:  Chairman Howard Buchanan James Almoney Mark Evans T. Dillon Heikens Mike Lowack Mary Simpson  Yes Yes Yes Yes Yes Yes  New Business  Ron Seidman joined the meeting at this point, it was 5:44 p.m. Chapter 153.076 Off Street Parking and Loading - Review ordinance  1.  Meredith Guns, Director of] Planning, explained that at the November 12, 2020, Board of Commissioners meeting, the Board reviewed the off-street parking and loading ordinance to examine possible changes that will be beneficial to businesses while maintaining adequate parking. The Board of Commissioners requested the Planning Board consider changes to: reduce parking requirements for large scale commercial projects that do not fall under shopping center/office complex and warehouse. Additionally, it was recommended to review the Parking Table, 153.076(D) specifically Retail, Office and. Related Uses, to determine ifs some oft these uses could be parked less than one: space per 200 square feet of gross floor area. The Board of Commissioners would also like the Planning Board to consider reducing parking space size, possibly allowing for aj percentage of spaces to be designated for compact vehicles. Staff recommended the Planning Board consider the following: 20ft to 10ft X 18ft or 10ft X 16ft with ai two-foot overhang.  1. Reduce the standard parking space size for commercial and multifamily from 10ftx X  Draft December 15, 2020 Planning Board Meeting Page 4 of6    2. Allow for 20% of! parking spaces on lots with required parking over 25 spaces be compact spaces 8ft X 16ft with two-foot overhang, which will be clearly marked "compact car." This is similar to Virginia Beach, Wrightsville Beach, and Atlantic a. Medical offices/dentist (not urgent care) to 1 space per 250 square feet of gross floor area. These type of offices typically are by appointment and b. Hairstylist, tanning salons, barber shop to 1 space per 250 square foot of gross floor area. These are typically appointment based businesses. Bank and Financial Institutions to 1 space per 250 square foot of gross floor area. Much banking is now done online or via the drive thru windows. d. Business/Protessional Office to 1 space per 250 square foot of gross floor Tier retail building with one business based on size of building much like the  Beach regulations.  3. Reduce parking requirements for the following:  control the number of people based on services.  area.  shopping center parking requirements:  i. Retail less than 5,000SF-1s space per 200 square feet of gross ii. Retail ,000-10,000SF-, 1 space per 250: square feet of gross iii. Retail greater than 10,000SF -1 space per 300 square feet of  floor area. floor area. gross floor area.  Ms. Guns confirmed that potential options will not create al lot ofnon-conformities, but will bring more businesses into compliance and will offer local businesses options. There was agreement among the Planning Board members to not allow compact car parking spaces. The Board would like toj propose an amendment that will have a parking reduction incentive to reduce parking requirements per square foot ift the reduction or reduced number of parking spaces are left as open green-space. Ms. Guns will return at a future meeting with a specific draft  ordinance for the Planning Board's consideration. Proposed 2021 Meeting Schedule  2.  The Board was in consensus to move the December 21 proposed meeting date to  December 14 in an effort to avoid scheduling near the Christmas holiday.  Mr. Almoney moved to adopt the 2021 meeting schedule with the change ofr replacing the December 21,2 2021 meeting with December 14, 2021. Mr. Seidman seconded the motion, which  carried unanimously, 7-0, and was recorded by roll call vote.  Chairman Howard Buchanan James Almoney Mark Evans  Yes Yes Yes  Draft December 15,2020 Planning Board Meeting Page 5of6    T.Dillon Heikens Mike Lowack Ron Seidman, II Mary Simpson  Yes Yes Yes Yes  Public Comment (Time limit of3 minutes per person; 5 minutes per group)  The clerk read a comment from Maria Hester via the chat function on Zoom. Ms. Hester  asked, "Does Devonshire still have to approve?" Response to Public Comment  Chairman Buchanan and Planning Director Guns confirmed that the applicant has met the requirements for the Town and any issues the HOA may have with the applicant would not  involve the Town. Board Member Comment  Mr. Seidman apologized that he was. late coming into the meeting due to technical  difficulties. Adjournment  There being no further business before the Planning Board at this time, Mr. Evans moved to adjourn this meeting. Ms. Simpson seconded the motion, which carried unanimously, 7-0, and  was recorded by roll call vote:  Chairman Howard Buchanan James Almoney Mark Evans T. Dillon Heikens Mike Lowack Ron Seidman, II Mary Simpson The time was 6:16 p.m.  Yes Yes Yes Yes Yes Yes Yes  Submitted by: Jennifer Stecher Clerk to the Planning Board  Draft December 15, 2020 Planning Board Meeting Page 6 of6    Director of Planning andI Inspections MEREDITHGUNS Building] Inspector MARTY SHAW CHARLESTHUMAN Codel Enforcement Officer JORDAN. BLYTHE  DEVIE Birthplaceol Aviation CARO  Assistant Director of Planning and] Inspections CAMERON RAY Senior Planner RYANI LANG Zoning Administrator DONNA ELLIOTT  THE TOWN OF KILL DEVIL HILLS  NORTH CAROLINA PLANNING DEPARTMENT  January 19, 2021 Memorandum To: From: Subject:  Planning Board  Meredith Guns, Planning Director H6  Proposed Zoning Amendment Chapter 153.076(D) Off-Street Parking And Loading- Modify Table of Parking Requirements for Retail, Office and Related  Uses  At the October 12, 2020 Board of Commissioners meeting, the Board agreed to review the off- street parking and loading ordinance to examine possible changes that will be beneficial to On December 14, 2020, the Planning Board reviewed the recent changes to the ordinance and staff recommendations for possible amendments. Those amendments included: reducing parking space dimensions, allowing compact car spaces, and reducing parking requirements for Planning Board discussion eliminated changes to parking sizes and compact car spaces. However, the Board was interested in an overall parking reduction for some retail uses and also ar reduction for larger retail and office spaces where the site seems to be over parked. Additionally, the Planning Board wanted any reduction in parking spaces to be required to be maintained as open area rather than it be an incentive to build larger buildings. Attached is a revision to Chapter 153.076(D) Table of Parking Requirements (Retail, Office and related uses section only). Staff has removed the extensive list of uses that were previously listed in thei table to create a more generic title of Retail, Office and Related Uses which is consistent with the remainder of the parking ordinance. This will simplify the table and reduce confusion since many permitted uses were not listed. The proposed amendment will park all Retail, Office and Related Uses at 1 space per 200 square feet of gross floor area. However, the proposal provides an exception for these uses to reduce parking based on building size (gross  businesses while maintaining adequate parking.  specific uses categorized ini the Retail, Office and Related Uses.  102 Townl Halll Drive* * POJ Box 1719*] Killl Devill Hills, NC 27948*(252)4 449-5318*Fax (252)441-4102    floor area) and use provided that the reduced parking spaces remains open area. The proposed amendment goal is to reduce the size of parking areas (impervious surface) but preventing this Staff recommends that Planning Board review and be prepared to discuss the proposed  parking reduction from resulting in bigger buildings with less parking. amendment for a recommendation tot the Board of Commissioners.    153.076(D) Table of Parking Requirements  Retail Office and Related Uses: Exceptions to Retail, Office and Related Use: Medical Offices (not urgent care), Dentist, Hairstylist, Barber, Bank and Financial with 5,000 gross floor area or less  1 space per 200 square feet of gross floor area 1space per 250 square feet of gross floor area provided the area that would be required for used for landscaping, stormwater or other use that does not create impervious areas. 1space per 250 square feet of gross floor area provided the area that would be required for parking at the ratio above remain open area used for] landscaping, stormwater or other use that does not create impervious areas. 1space per 300 square feet of gross floor area provided the area that would be required for parking at the ratio above remain open area used for landscaping, stormwater or other use that does not create impervious areas. One parking space per 400 square feet of gross  institutions and Business/Professional Offices parking at the ratio above remain open area  5.001-10.000 gross square feet or less  10.001 gross square feet and over  Furniture stores with ai minimum of4 4,000  square feet  floor area  Remove existing language:  Requredparking-emepatsamgspateper2vVsgHareleetergress-ier  eaforlhefelowaguss: Antique-shops Apphance-steres Artgalleries Arts-and-erafts office Aute-supplies repair  Hammeeks Hardware-steres the-like) Jewekry-steres  Hemecaresystemseheelehairsand  Retail,effice and-related-uses  Astrolegy-and-tareteard-readng Laundromats  Mediea-efhes-essthan4,090-square twhmmumdsee Melenyeealeamiseme Musie-stores  Automebile-sales,rentals,and Baitand-laekle-sheps    Banke salons Blueprint like)  Paintand-wal-treatment-steres  aywwraepa  Persenal-spas  nrfepodxdeenw Pet-stores  Beat-sales,rentals,and-repair Bedy-piereing Beeks Broadeaststudies Busimess-prolessienal Carpetand-leering Clothing Clothingtatler) Convenienee-stores Syeleantskatesmeps Dry-eleaners repair mhoaeingerepining shops Finaneial-instiatiens Flerists  Pharmaciesrugstere thelike) Peels-and-spas Postoffice Preduee-markets Rental-sheps atety-equpment Shoe-repair Sign-business Tanningsalens Faxieab-eperatiens  Phote-shepstfim-processing-salesand  Bleetronie-equpmentysales-and HhF#tstores/eensignment-shep  Tey-stores  eplyenegwwRE-NP Surhuarmaminsdueahap Videp,audic,amtighing  oepeeeysere and-thelike) Furniture Gift-shops Gevermmentefliees  Frames-pieture-irames,matting Watereare-preduets-and-supphes  Wimdewamedeersteres Wedemafsandobbes Dentaloffices    PLANNING BOARD REPORT  Per NCGS 160A-387, all proposed amendments to the zoning ordinance or: zoning map shall havea written report provided from thel Planning Board tot the' Town Council within 30 days ofreferral oft the amendment to thel Planning Board, or the Town Council may proceed ini its consideration ofthe amendment without the Planning Board report. Furthermore, ini no case ist the Town Council bound by Per NCGS 160A-383, the Planning Board shall advise and comment on whether the proposed. zoning amendment is consistent with all applicable officially adopted plans, and provide a written recommendation to the' Town Council that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by thel Planning Board that aj proposed amendment is inconsistent withi the officially adopted plans shall not preclude consideration or approval of the proposed  the recommendations, ifany, of the Planning Board.  amendment by the Town Council.  PLANNING BOARD RECOMMENIENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment Chapter 153.076(D) Off-Street Parking And Loading- Modify Table of Parking Requirements for Retail, Office and Related Uses Approval: Planning Board finds that thej proposed amendments to Chapter 153, Zoning Chapter 153.076(D) Off-Street Parking And Loading to modify table of parking requirements for  Retail, Office and Related Uses is consistent with the adopted Land Use Plan.  Therefore, thel Planning Board finds the proposed amendment is consistent with the objectives and policies contained int the Kill Devil Hills Land Usel Plan and/ or other officially adopted plans ofthe This report reflects the recommendation oft thel Planning Board with a vote of to_ this the  Town that are applicable. eighteenth day of. January, 2021.  Attest:  Planning Board Chairman  Secretary of Planning Board    Director of and Planning Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN! BLYTHE  Assistant Director of Planning andI Inspections CAMERON RAY Senior) Planner RYANLANG Zoning Administrator DONNA ELLIOTT  DEVI Birthplaceol CARO)  THE TOWN OF KILL DEVILHILLS  NORTH CAROLINA PLANNING DEPARTMENT  January 19, 2021 Memorandum To: From: Subject:  Planning Board  Meredith Guns, Planning DispV5  Proposed Zoning Amendment For Accessory. Dwelling Unit: 153.002 Definition- Add Definition for Accessory. Dwelling Unit; 153.076 Off Street Parking and Loading Develop Parking Requirements for Accessory Dwelling Units; Add 153.315 Accessory Dwelling Units (New Section); and 153.176 Commercial, 153.206 Light Industrial Two and 153.226 Light Industrial One- Add. Accessory  Dwelling Unit as a Permitted Use  At the December 14, 2020 and January 11, 2021 Board of Commissioners meeting, the Board discussed several housing options with the intent to relax some existing regulations and create The Board directed staffto develop regulations toj permit Accessory Dwelling Units in the Town. At the. January 11, 2021, the Board reviewed possible regulations for Accessory Dwelling Units including where to allow accessory dwelling units in Town. The discussion was primarily focused on1 the Commercial, Light IndustrialIand: II Zoning Districts which currently allows multi-family dwellings, warehouses, single family and duplex dwelling. The Board of Commissioners forwarded the recommendations to the Planning Board for  other housing alternatives not currently permitted in Town.  consideration.  Attached is a proposed amendment which includes the following:  1. Creates a new section of the Zoning Ordinance, 153.315, to develop regulations for 2. Amendment to 153.002 Definitions to define. Accessory Dwelling Units 3. Amendment to 153.076 Parking to develop parking requirements for Accessory 4. Amendments to add Accessory Dwelling Units as aj permitted use to the following zones: 153.176 Commercial, 153.206 Light Industrial 2 and 153.226 Light Industriall 1 Staffrecommends the Planning Board review the attached ordinance for discussion and action.  Accessory Dwelling Units Dwelling Units  102 Town) Hall Drive* POI Box 1719*Killl Devill Hills, NC 27948 * (252) 449-5318 *Fax( (252)441-4102    Proposed Amendment - Accessory Dwelling Units  153.002 Definitions  Accessory dwelling unit - A secondary dwelling unit established on one parcel in conjunction with aj principal single-family dwelling unit. Accessory dwelling units shall be subordinate in floor area, bulk, and height to principal single-family dwelling unit. An accessory dwelling unit may be included as part oft the principal single-family dwelling unit, attached to the principal single-family dwelling unit by an enclosed walkway, or entirely detached from the principal single-family dwelling unit. The use ofi manufactured or mobile homes, travel trailers, motorhomes, campers or similar vehicles as an accessory dwelling unit is prohibited.  153.315 Accessory Dwelling Units (new section)  (A) Purpose. The purpose of these provisions for all accessory dwelling units is to allow the efficient use of existing housing stock, parcels of land, and community infrastructure. and to increase the number and variety ofr residential units while respecting the scale and character of (B) General provisions. Accessory dwelling units (ADU) are allowed as permitted uses in Commercial, Light Industrial 1 and Light Industrial 2 Zoning Districts, subject to the following 1. An accessory dwelling unit can only be located on aj property containing one single- family detached dwelling. The property may contain other accessory structures and uses 2. NoI more than one accessory dwelling unit shall be permitted per residential lot. 3. Accessory dwelling units shall not be larger than 50 percent oft the living area oft the 4. An accessory dwelling unit must comply with all applicable minimum building setback requirements and a detached accessory dwelling unit cannot extend beyond ofthe front of 5. An accessory dwelling unit must be properly permitted, inspected, and comply with all applicable standards of the N.C. Building Code and Kill Devil Hills Town Code. 6. The owner must obtain a permit from the Dare County Environmental Health Department that the existing wastewater system can accommodate or be improved to accommodate 7. Accessory Dwelling units shall be parked in accordance with 153.076 Off Street Parking 8. Recreational vehicles, travel trailers and/or manufactured homes shall not be used or 9. An Accessory Dwelling Units shall not be subdivided or segregated in ownership from  existing neighborhoods. standards:  as permitted in this section.  primary residence, or 800 square feet, whichever is lesser.  the primary residence.  the establishment of an accessory dwelling unit.  and Loading.  approved as an Accessory Dwelling Unit. the principal dwelling unit.    153.076 Off Street parking and Loading Dwellings - single-family, duplex and multi- family (including mobile homes) Dwellings - Accessory Dwelling Unit  2 parking spaces per dwelling unit, plus 1 parking 1p parking space per Accessory Dwelling Unit plus 1  space for each bedroom over 2 space for each bedroom over  153.076 Commercial Permitted Uses  (E) On-site accessory structures; Accessory Dwelling Unit  153.206 Light Industrial 2 Permitted Uses (E) On-site accessory structures; Accessory Dwelling Unit  153.226 Light Industrial 1 Permitted Uses  (E) On-site accessory structures; Accessory Dwelling Units    PLANNING BOARD REPORT  Per] NCGS 160A-387, all proposed amendments to the: zoning ordinance or zoning map shalll havea written report provided from the Planning Board to the Town Council within 30 days ofreferral oft the amendment to thel Planning Board, or the Town Council may proceed in its consideration ofthe amendment without thel Planning Board report. Furthermore, in no case is the Town Council bound by Per NCGS 160A-383, thel Planning Board shall advise and comment on whether the proposed zoning amendment is consistent with all applicable officially adopted plans, and provide a written recommendation to the Town Council that addresses plan consistency and other matters as deemed appropriate by thel Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the officially adopted plans shall not preclude consideration or approval oft thej proposed  thei recommendations, ifany, oft the Planning Board.  amendment by the Town Council.  PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment For Accessory Dwelling Unit: 153.002 Definition - Add Definition for Accessory. Dwelling Unit; 153.076 Off Street Parking and Loading Develop Parking Requirements for Accessory Dwelling Units; Add 153.315 Accessory Dwelling Units (New Section); and 153.176 Commercial, 153.206 Light Industrial Two and 153.226 Light Industrial One- Add Accessory Dwelling Unit as a Permitted Use  Approval: Planning Board finds that the Proposed. Accessory Dwelling Unit (as listed above) -To Add new section to regulate Accessory Dwelling units and allow as permitted uses in Commercial, light Industrial 2 and Light Industrial 1 Zone is consistent with the adopted Land Use Plan.  Therefore, thel Planning Board finds the proposed amendment is consistent with the objectives and policies contained in the) Kill Devil Hills Land Use Plan and/ or other officially adopted plans ofthe This report reflects the recommendation of thel Planning Board with a vote of to_ this the  Town that are applicable. eighteenth day of. January, 2021.  Attest:  Planning Board Chairman  Secretary of] Planning Board    Director of Planning and] Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN: BLYTHE  DEVIL Birthplaceof THCARO NORTH CAROLINA PLANNING DEPARTMENT  Assistant Director of Planninga and] Inspections CAMERON. RAY Senior Planner RYANLANG Zoning Administrator DONNA ELLIOTT  THE TOWN OF KILL: DEVIL HILLS  January 19, 2021 Memorandum To: From: Subject:  Planning Board  Meredith Guns, Planning Director pl65  Proposed Zoning Amendments Chapter 153, Zoning - Reduce Minimum Lot Size to 15,000 Square Feet for. Duplex. Dwelling Units in 153.160(B)(2) Residential High, 153.180(B)(2) Commercial, 153.210(B)(2) Light Industrial  Two and 153.230(B)(2) Light Industrial One  At the December 14, 2020 Board of Commissioners meeting, the Board discussed several housing options with the intent to relax some existing regulations specifically duplex dwelling The Board directed staffto reduce lot size for duplex dwellings to 15,000 square feet in zoning districts that allow: multi-family dwellings on the same lot size. This includes duplex regulations in the Residential High, Commercial, Light Industrial 2 and Light Industrial 1 At the. January 11, 2021 Board of Commissioners meeting, the Board forwarded the proposed Below are the proposed to 153.160(B)(2) Residential High, 153.180(B)(2) Commercial, 153.210(B)(2) Light Industrial 2 and 153.230(B)(2) Light Industrial 1:  units.  Zoning Districts.  amendments to the Planning Board for consideration.  153.160(B)(2) Site Requirements Residential High  (B) Lot Area  (2) The minimum building site for a duplex shall be 20,000 15,000 square feet.  153.180(B)(2) Site Requirements Commercial  (B) Lot. Area  (2) The minimum building site for a duplex shall be 20,000 15,000 square feet.  102' Town Halll Drive* * PO Box 1719 * Killl Devil Hills, NC 27948 * (252) 449-5318 *] Fax (252) 441-4102    Page 2:  153.210(B)(2) Site Requirements Light Industrial2  (B)Lot Area  (2) The minimum building site for a duplex shall be 20,000 15,000 square feet.  153.230(B)(2) Site Requirements Light Industrial1 1  (B) Lot Area  (2) The minimum building site for a duplex shall be 20,000 15,000 square feet.    PLANNING. BOARD REPORT  Per NCGS 160A-387, allj proposed amendments to the zoning ordinance or zoning map shall havea written report provided from the Planning Board to the' Town Council within 30 days ofreferral oft the amendment tot the Planning Board, or the' Town Council may proceed ini its consideration ofthe amendment without the Planning Board report. Furthermore, in no case is the' Town Council bound by Per NCGS 160A-383, the Planning Board shall advise and comment on whether the proposed. zoning amendment is consistent with all applicable officially adopted plans, and provide a written recommendation to the Town Council that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by thel Planning Board that aj proposed amendment is inconsistent with the officially adopted plans shall not preclude consideration or approval oft the proposed  the recommendations, ifany, of the Planning Board.  amendment by the Town Council.  PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendments Chapter 153, Zoning - Reduce Minimum Lot Size to 15,000 Square Feet for Duplex Dwelling Units in 153.160(B)(2) Residential High, 153.180(B)(2) Commercial, 153.210(B)(2) Light Industrial Two and  153.230(B)(2) Light Industrial One  Approval: Planning Board finds that the proposed amendments Chapter 153, Zoning to Reduce Minimum Lot Size to 15,000 Square Feet for Duplex Dwelling Units in 153.160(B)(2) Residential High, 153.180(B)(2) Commercial, 153.210(B)(2) Light Industrial Two and 153.230(B)(2) Light Industrial One is consistent with the adopted Land Usel Plan.  Therefore, the Planning Board finds the proposed amendment is consistent with the objectives and policies contained int the Kill Devil Hills Land Usel Plan and/ or other officially adopted plans ofthe This report reflects the recommendation of the Planning Board with a vote of to_ this the  Town that are applicable. eighteenth day ofJanuary, 2021.  Attest:  Planning Board Chairman  Secretary of Planning Board