DEVIL  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  Birthplacec of Aviation THCAROY  PUBLIC NOTICE  NOTICEI ISI HEREBY GIVEN that the Town ofKilll Devil Hills Planning Board willl holdar regular meeting on Tuesday, March 17, 2020 at 5:30 p.m. in the Meeting Room of the Administration Building, 102 Town Hall Drive, offColington Road. The items tol be discussed are listed below:  AGENDA  Call to Order Agenda Approval Old Business New Business  Approval of the Minutes of thel February 11, 2020 meeting  Public Comment (Time limit of3 minutes per person; 5 minutes per group)  1. Recommended Zoning Amendment - $ 153.076 Off Street Parking and Loading Marked Access Aisle (No Parking) For Structures with Eleven or More Bedrooms 2. Recommended Zoning Amendment - $ 153 Setbacks (Each Zoning District) - Additional two-feet Side Yard Setback For Single-Family and Duplex Dwellings Greater than 6,000  Square Feet  Public Comment (Time limit of3 minutes per person; 51 minutes per group)  Response to Public Comment Board Member Comment Adjournment  All citizens are cordially invited to attend. Posted this 12th day of March 2020. Harriet Banner Administrative Assistant  Copies to: Mayor and. Board lofCommissioners, Planning Board members ini 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 2948-252-449-330-ynnw.dlhmccom    Minutes ofthe February 11,2020: meeting oft the Kill Devil Hills Planning Board held at 5:30 p.m. in the Meeting Room of the Administration Building, 102 Town Hall Drive, off Members Present: ChairHoward Buchanan, James Almoney, Markl Evans, Mike] Lowack, Ron  Colington Road.  Seidman, II, and Eddie Valdivieso  Members Absent: Mary Simpson  Others Present:  Meredith Guns, Planning Director; Cameron Ray, Assistant Planning Director; Ryan Lang, Senior Planner; and Harriet Banner, Administrative  Assistant  Call to Order  At 5:31 p.m., Chair Howard Buchanan called this meeting of the Kill Devil Hills Planning  Board to order and welcomed everyone present.  Agenda Approval  Mark Evans moved to approve the agenda for this meeting, as presented. Ron Seidman, II  seconded that motion, and the motion carried by 5-0 vote. Approval of the Minutes of the December 17,2019 meeting  Eddie Valdivieso moved to approve the minutes of the December 17, 2019, meeting as  presented. James Almoney seconded that motion, and the motion carried by 5-0 vote. Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Ann Jorgensen - 1723 Apache Street, Kill Devil Hills - Ms. Jorgensen expressed her concern with problems biking up Third Street towards Food Lion and askedi ifthere were any plans tor review the condition of the road. On the right side especially, there are a couple of severe dips in the pavement, which can be hazardous unless the sidewalk is available. There are problems  near the Jolly Roger Restaurant as well. Response to Public Comment  Planning Director Meredith Guns explained that the Street Improvement and Special Projects Committee (SISPC) had recently met and' Third Street is scheduled tol bei resurfaced during  FY21-22 with a new road and drainage and a portion ofthe sidewalk built.  DRAFT February 11,2020 Minutes Planning Board Meeting Page 1 of7    Old Business New Business 1.  Recommended Zoning Amendment- - S 153.073. Landscaping Requirements- = Modify Landscaping Requirements to Include Single-Family and Duplex Dwellings with This amendment was reviewed last fall. It was brought back up during the January 22, 2020 Board of Commissioners joint work session with the Planning Board. Staff was given direction to create landscaping buffer requirements for large single-family and duplex development. Attached is an amendment to $ 153.073 Landscaping Requirements for single- family and duplex dwellings with greater than 6,000 square feet lot coverage to provide a vegetative buffer. The amendment requires a 5-foot vegetative buffer along the property line similar to commercial development requirements. The 5-foot buffer is not located in a buildable area. The intent is to reduce effects oflarge single-family dwellings including large parking areas, large structure size, and noise and light glare pollution that are non-compatible with abutting single-family and duplex dwellings with less than 6,000 square feet ofl lot coverage. Thej proposed amendment will improve the appearance of the development, provide spatial separation of land uses, and protect, preserve, and promote the aesthetic and visual character of the Town. Staff recommended the Planning Board forward the amendment and consistency statement to the Board Mr. Almoney asked if the 5-foot buffer always meant height. Mr. Ray explained that actually the 5-foot buffer is horizontal; it is measured from the ground, almost like a setback. There is also the option of using a 6-foot fence with ornamental landscaping. Mr. Valdivieso asked under Ornamental Landscaping paragraph (F)(2)(b) it says "along property lines not abutting single-family or duplex dwellings with less than 6,000 SF of lot coverage, and landscape plan shalli indicate at] least one tree for each 301 linear: feet..." The wording Mr. Evans made a motion to forward the recommended amendment to the Board of Commissioners recommending approval with the stated correction and the consistency statement.  Greater than 6,000 Square Feet Lot Coverage  ofCommissioners with a favorable recommendation.  was not entirely clear in this statement and Staff will correct it. Mr. Seidman seconded that motion, and the motion carried 5-0.  2.  Recommended Zoning Amendment - $153.310 Cottage Court(s) and $153.311 Cluster. Homes - Modify Cottage Court(s) and Cluster Homes Minimum Lot  Dimensions abutting NC12  Ina addition, at the. January 22, 2020,joint work session, Staff was given direction toi modify lot dimensions for "cottage court(s)" and "cluster homes" abutting NC 12. The recommended amendment reduces the minimum lot width for cottage courts and cluster homes from 100 feet to 75 feet. The intent of the amendment is to provide more opportunities for these two types of development. Cottage courts were approved by the Board of Commissioners on 06/27/2018 and  DRAFT February 11, 2020 Minutes Planning Board Meeting Page 2 of7    cluster homes were passed on 01/14/2019. Atthis time, no applications have been made for either ofthese development types since they were passed. Staffrecommends the Planning Board forward the recommended amendment to the Board of Commissioners with the consistency statement Mr. Valdivieso made a motion to forward the recommended amendment along with the consistency statement to the Board of Commissioner recommending approval. That motion was  recommending approval.  seconded by Mr. Almoney, and the vote was 5-0.  3.  Proposed 2020 Flood Damage Prevention Ordinance - Draft (1) Review  Ms. Guns addressed the Planning Board on the proposed 2020 Flood Damage Prevention Ordinance, the changes to which have been mandated by the State of North Carolina. For Kill Devil Hills, along with text changes, the entire ordinance has been restructured. Kill Devil Hills, as with other local governments, has few options to change the required modifications; however, several additions have been recommended by Staff to help clarify the State's proposed ordinance, and to create a regulatory flood elevation for areas outside the designated Special Flood Hazard Area (SFHA). Staff's recommended amendments have been approved by the State. A significant amendment proposed by the Town is for a minimum building elevation of eight feet be established throughout Town for areas outside the SFHA. In the AE, AO and VE flood zones, minimum building elevations can be achieved through meeting local elevation standards of eight feet or through freeboard requirements, whichever is greater. Also, minimum building elevations of eight feet by a local elevation standard will be applied in the unshaded X and Shaded X flood zones. The Town has developed this local elevation standard concept with Ms. Guns proceeded toi review the entire ordinance with the Planning Board, including the proposed changes and the areas in which Kill Devil Hills added additional regulations to the As summary of the review, and the: four additional changes that were: recommended by the Planning Board, follows. This summary is not meant to be all-inclusive; it is also not meant for application to construction projects; summary points must be verified by the actual ordinance:  other local governments in Dare County.  ordinance language to achieve the local elevation standard.  Article 1, Section D, Objectives  The State added objectives for the model ordinance and the Town added objectives to  regulate the X and Shaded X flood zones.  Article 2, Definitions  Several existing definitions were modified by the State and definitions for the following terms were added: Coastal A Zone, Design Flood, Development, Activity, Digital. Flood Insurance Map, Existing Building and. Existing Structure, Flood. Resistant Material, Letter of Map Change, Light Duty Truck, Limit of Moderate Wave Action, Technical  Bulletin and Technical Fact Sheet, and Temperature Controlled  DRAFT February 11,2020 Minutes Planning Board Meeting Page 3 of7    The Town recommended adding several definitions to create ai regulatory flood level: Breakaway Walls, Free ofObstruction, Local Elevation Standard, Reference Level, Regulatory Flood. Protection. Elevation, Secondary Structure, Shaded2 X2 Zone, and. X The Regulatory Flood Protection Elevation definition creates the: regulatory  Zone.  elevation standards for all flood zones.  Article 3,General Provision  Section H, Penalties for Violations, was created at the State level, in accordance with  North Carolina General Statute $143-215.58.  Article 4, Administration  Staff changed the Floodplain Administrator from al building inspector position to the The State and the Town identified changes to application requirements, which included Requiring plot plans from a land surveyor or professional engineer Clarification on the datum used: for determining elevations was developed The State included a requirement for V Zone Certification ofj plans and specs by a professional engineer in addition to the V Zone Certification required prior to the Changes to permit requirements were also made by both the Town and the State Limitation of use below the Regulatory Flood Protection Elevation to parking, Below the Regulatory Flood Protection Elevation, flood resistant materials are There were also changes in elevation and floodplain certification requirements, which State clarification on requirements, which include photographs that show the building and foundation, front and rear, including representative examples of The Town's recommendation to require an elevation certificate in certain flood zones prior to construction, during constructon/foundation completion, and elevation certification on construction completion/as built. These are Kill Devil Hills' current requirements; the prior-to-construction and during- construction/foundation elevation certificates are optional in the State Kill Devil Hills Staff also recommended certificate changes in the unshaded X and Shaded Xi flood zones, whereby aj preconstruction and as-built survey or other approved FEMA form prepared by a licensed professional could be used  Planning Director or designee.  Certificate of Occupancy.  building access, and limited storage  required. involved  flood openings or vents.  Ordinance.  DRAFT February 11, 2020 Minutes Planning Board Meeting Page 4 of7    to demonstrate natural grade, which could eliminate the need for a foundation State changes require Floodproofing Certificates, with supporting data, and operational plan, and an inspection and maintenance plan prior to the actual start ofa any new construction. Certificates must be prepared by or under the direct supervision ofa a professional engineer or architect and certified by same. Deficiencies detected by the Floodplain Administrator must be corrected prior to permit approval, and failure to construct per the permit and certified design is cause for the Certificate of Complancc/occupaney tol be Non-conversion agreements for areas developed below the Regulatory Flood Protection Elevation is a current requirement that remains in place ini the Owner acknowledgement forms indicating the specific flood zone, construction standards for structure elevation, and explanation ofuse restrictions are required to be completed by the property owner at the time the Kill Devil Hills Staff recommended extending options for variances ofordinance requirements to the unshaded X and Shaded X zones because oft the requirements of  certificate.  withheld.  proposed ordinance.  construction permit(s) are issued.  thel Regulatory Flood Protection Elevation.  Article 5, Provision for Flood Hazard Reduction  Within General Standards, the State is specifying the type ofHVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panel boxes, utility/cable boxes, water heaters, and electric outlets/switches that shall be used at or  above the Regulatory Flood Protection Elevation.  Specific Standards points  The State specifies the type of equipment that shall be used above the Staffrecommended adding properties east ofNC 12 to the other VE. Zone properties that are: required to have one foot free of obstruction to allow water to freely flow under the building. This applies to the oceanfront properties, regardless of flood zone, and prevents slab on grade construction on the There is State clarification of the 50%1 rule, that any combination of repair, reconstruction, rehabilitation, addition or improvement ofal building or structure taking place during a one-year period, the cumulative cost ofwhich equals or exceeds either 50% of the market value or tax value oft the structure prior toi improvement or repair is begun must comply with the standards for new construction. There are also exemptions which include any improvement  Regulatory Flood Protection Elevation.  oceanfront.  DRAFT February 11, 2020 Minutes Planning Board Meeting Page 5 of7    ofas structure required to correct existing health, sanitary or safety violations; and, any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as al historic structure. The Town of Kill Devil Hills currently enforces the 50%1 rule. Within the unshaded X and Shaded X zones, Staff recommended setting standards for improvements with the required Regulatory Flood Protection Elevation. Town Staffo does not recommend substantial damage or substantial improvement regulations in the unshaded X and Shaded X zones be applied. Staff also recommended allowing interior renovations to existing living space regardless of the Regulatory Flood Protection Elevation, and allowing lateral additional at the existing structure level. Further, Staffrecommends: requiring the Regulatory Flood Protection Elevation be met ifthe house is relocated on its lot. And, Staffrecommended: not to allow conversion of existing unconditioned space to conditioned space ift the area is below the Regulatory On any lot, other structures in addition to the principal use will be required to have finished living space meet all applicable general and specific standards The State made several changes in the VE: Zone, Coastal High Hazard Area, that include clarification of specifications for concrete pads, swimming pools, and elevators. Previously, these had only been outlined in technical bulletins The State clarified and codified several construction elements in the VE: Zone, including filling/grading, alterations to sand dunes, deck construction,  Flood Protection Elevation. requirements, as applicable.  which were: not regulatory. bulkheads and fencing.  Mr. Evans made ai motion toi modify the four remarks made during this review and forward itto the Board of Commissioners recommending approval. Mr. Seidman seconded that motion  and the vote was 5-0.  Public Comment (Time limit of3 minutes per person; 51 minutes per group)  Response to Public Comment Board Member Comment Other Business Adjournment  There being no further business before the Planning Board at this time, Mr. Evans moved  DRAFT February 11,2 2020 Minutes Planning Board Meeting Page 6 of7    to adjourn this meeting. Mr. Seidman seconded that motion, and the vote was 5-0.  It was 7:09 p.m.  Submitted by: Harriet B. Banner Administrative Assistant  These minutes were approved at the  meeting oft the Planning Board.  Howard Buchanan Planning Board Chair  DRAFT February 11,2020 Minutes Planning Board Meeting Page 7of7    Director of Planning and] Inspections MEREDITH GUNS Building) Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN BLYTHE  Assistant Director of Planning and Inspections CAMERONI RAY Senior Planner RYANLANG Zoning Administrator DONNA ELLIOTT  Birthplaceof Aviation THCARO  THE TOWN OF KILL DEVIL HILLS  NORTH CAROLINA PLANNING DEPARTMENT  March 17, 2020 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director R  Proposed Zoning Amendment $153.076 Off Street Parking and Loading Marked Access Aisle (No Parking) for Structures with Eleven or more Bedrooms  During the January 22, 2020 Board of Commissioners joint work session with the Planning Board, staff was given direction to re-draft an amendment to address off street parking issues related to large single family dwellings which had previously been reviewed by the Board of Commissioners. A draft amendment with several options was presented to the Board of At the conclusion of the discussion the Board of Commissioners directed staff to forward a proposed amendment to the Planning Board for recommendation. Thej proposed amendment requires an additional setback for driveways and parking areas of2 feet for single-family development with required parking greater than eleven spaces. However, the amendment proposes an exemption for the additional setback ifai marked access aisle is included within twenty feet of the front oft the dwelling. The intent oft the amendment is to provide additional circulation and  Commissioners at the March 09, 2020: meeting.  safety measures for the development.  Staff recommends the Planning Board forward the proposed amendment and consistency statement  to the Board of Commissioners with a favorable recommendation.  102' Townl Halll Drive* * POI Box 1719*K Kill Devill Hills, NC 27948 * (252) 449-5318 * Fax (252)441-4102    $ 153.076 OFF-STREET PARKING AND LOADING. (10) Parking requirements. for single-family and duplex structures.  (a) Yards.  1. Dwellings with four bedrooms or less:  a. Driveways and parking areas shall not exceed a single or combined width of 80% of b. Driveways and parking areas shall maintain aj minimum ofa two-foot side yard  the total lot width, not to exceed 40: feet, whichever is less; and setback and must maintain a five-foot setback ini rear yards. 2. Dwellings with five ermere to ten bedrooms:  a. Aminimum of one but no more than two paved driveways of at least ten feet in width and not exceeding a single or combined width of20 feet shall be permitted in this area. Driveway width shall be maintained from the point on entry at the property line for five linear feet. Parking setback shall be equal to the total width of the driveway(s) measured from the property line. Driveways in the required parking setback area cannot be sued used for calculation of  required parking.  b. Parking setbacks ferlhesideamdrearyerd shall be a minimum of five feet from the C. Turn around area: for properties abutting highways, thoroughfares and/or collector streets shall be within the designated parking area outlined in this section. Driveways with a minimum width of20 feet may utilize the driveway area within the required setback as the turn  property line for both driveways and parking areas.  around area.  3. Dwellings with eleven bedrooms or more:  a. AI minimum of one but noi more than two paved driveways of at least ten feet in width and not exceeding a single or combined width of20 feet shall be permitted in this area. Driveway width shall be maintained from the point on entry at the property line for five linear feet. Parking setback shall be equal to the total width of the driveway(s) measured from the property line. Driveways in the required parking setback area cannot be used for calculation of required parking. b. Parking setbacks shall be a minimum of seven feet from the property line for  driveways. access aisles, and parking areas.  Exception: Parking setbacks shall be a minimum of five feet from the property line  for driveways, access aisles, and parking areas provided with a clearly marked access aisle including "no parking" with the following design requirements. There shall be a minimum ofone access aisle designed open and unobstructed within twenty feet of primary dwelling. Minimum  access aisle width shall be ten feet.  d. Turn around area for properties abutting highways. thoroughfares and/or collector streets shall be within the designated parking area outlined in this section. Driveways with a    minimum width of20 feet may utilize the driveway area within the required setback as the turn  around area.    PLANNING BOARD REPORT  Per NCGS 160A-387, all proposed amendments to the zoning ordinance or zoning map shall have a written report provided from the Planning Board to the Town Council within 30 days ofreferral of the amendment to the Planning Board, ort the Town Council may proceed in its consideration of the amendment without the Planning Board report. Furthermore, in no case is the Town Council 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 the Planning Board that aj proposed amendment isi inconsistent with the officially adopted plans shall not preclude consideration or  bound by the recommendations, ifa any, oft the Planning Board.  approval of the proposed amendment by the Town Council. PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment $153.076 Off Street Parking and Loading - Marked Access Aisle (No Parking) for Structures with Eleven or more. Bedrooms Approval/Denia!: Planning Board finds that the proposed zoning amendment to $153.076 Off Street Parking and Loading Marked Access Aisle (No Parking) for Structures with Eleven  or more Bedrooms is/is not consistent with the adopted Land Use Plan.  Therefore, the Planning Board finds the proposed amendment is consstent/inconsistent with the objectives and policies contained in the Kill Devil Hills Land Use Plan and/ or other This report reflects the recommendation ofthe Planning Board with a vote of to_ this  officially adopted plans oft the Town that are applicable.  seventeenth day ofl March, 2020.  Attest:  Planning Board Chairman  Secretary ofPlanning Board    Director of Planning and] Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES' THUMAN Code Enforcement Officer JORDAN. BLYTHE  DEVIL Birthplaceof Aviation TH CARO  Assistant Director of Planning andl Inspections CAMERON. RAY Senior) Planner RYANLANG Zoning Administrator DONNA ELLIOTT  THE TOWN OF KILL DEVIL HILLS  NORTH CAROLINA PLANNING DEPAKIMENT  March 17,2020 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director B  Proposed Zoning Amendment $153 Setbacks (Each Zoning District) Additional 2 Feet Side Yard Setback for Single-Family and Duplex Dwellings  Greater Than 6,000 Square Feet  During the. January 22, 2020 Board of Commissioners joint work session with the Planning Board, staff was given direction to draft an amendment to address community fire safety issues related to large single family dwellings. A draft amendment intended to incentivize installation of fire suppression systems in single-family and duplex dwellings greater than 6,000 square feet of gross floor area was presented to the Board ofCommissioners at thel March 09, 2020: meeting. The Board of Commissioners directed staff to forward a proposed amendment to the Planning Board. The proposal would be incorporated into all zoning districts and requires a two-foot increase in the side yard setback for single-family/duplex dwellings greater than 6,000 square feet of gross floor area. However, such dwellings can be exempt from this requirement, providing a fire suppression system is reviewed, approved, and inspected annually by the Fire Marshal. The intent oft the amendment is to provide safeguards for persons occupying such Staff: recommends the Planning Board forward the proposed amendment and consistency statement to the Board of Commissioners with a favorable recommendation.  dwelling, in addition to adjacent properties, and overall community.  102 Town) Hall Drive* * POE Box 1719*E Killl Devill Hills, NC 27948 * (252) 449-5318 * Fax (252)441-4102    OCEAN IMPACT RESIDENTIAL ZONE (OIR)  $153.101 SETBACKS. (A) Side yard. from each side.  (1) The minimum side yard setback requirements on a lot less than 75 feeti in width shall be 10 feet (2) For alll lots 75: feet to 99 feet in width, the minimum side yard widths shall be 121 feet. (3) For alll lots or aggregate ofl lots combined for single development 100 feet or greater in width, the (4) All multi-family dwellings in excess ofa duplex, hotels and motels shall install and maintain a vegetative buffer ofevergreen, salt-tolerant species along the side yards of useable property in conjunction with development in this zone and such may be located within the area oft the required (5)Single-family and duplex dwellings greater than 6,000 square feet oft total gross floor area shall (6)Single-family and duplex dwellings greater than 6.000 square feet oftotal gross floor area equipped with ai fire suppression system reviewed, approved, and inspected annually by the Fire Marshal,  minimum side yard setback shall be 12 feet.  setback lines.  have an additional 2 feet ofs side yard setback. shall be exempt from 153.101 (A)(5).  LOW DENSITY RESIDENTIAL, ZONES (RL)  S 153.121 SETBACKS. (A) Side yard. shall be 6 feet from each side.  (1) The minimum side yard setback requirements on a lot with an area of 5,000 square feet or less (2) The minimum side yard setback requirements on a lot with an area of more than 5,000 square (3) The minimum side yard setback requirements on a lot with an area exceeding 7,500 square feet (4)Single-family: and duplex dwellings greater than 6,000 square feet oftotal gross floor area shall (5)Single-family and duplex dwellings greater than 6,000 square feet oftotal gross floor area equipped with ai fire suppression system reviewed, approved, and inspected annually by the Fire Marshal,  feet but not more than 7,500 square feet shall be 81 feet from each side.  shall be 101 feet from each side.  have an additional 2 feet ofs side yard setback. shall be exempt from 153.101 (A)(4).  MARITIME FOREST ENVIRONMENTAL DISTRICT (MFED)  $153.141 SETBACKS.  (A) Side yard. The minimum side yard setback requirements shall be 20: feet.    (Single-family and duplex dwellings greater than 6,000 square feet oftotal gross floor area shall (2)Single-family and duplex dwellings greater than 6,000 square feet oftotal gross floor area equipped with a fire suppression system reviewed, approved, and inspected annually by the Fire Marshal,  have an additional 2 feet ofs side yard setback. shall be exempt from 153.101 (A)(1).  HIGH DENSITY RESIDENTIAL, ZONE (RH)  S 153.161 SETBACKS. (A) Side yard. shall be 6: feet from each side.  (1) The minimum side yard setback requirements on a lot with an area of 5,000 square feet or less (2) The minimum side yard setback requirements on a lot with an area ofr more than 5,000 square (3) The minimum side yard setback requirements on a lot with an area exceeding 7,500 square feet (4)Single-family and duplex dwellings greater than 6,000 square feet oftotal gross floor area shall (5)Single-family and duplex dwellings greater than 6,000 square feet oftotal gross floor area equipped with ai fire suppression system reviewed, approved, and inspected annually by the Fire Marshal,  feet but not more than 7,500 square feet shall be 8 feet from each side.  shall be 101 feet from each side.  have an additional 2 feet ofs side yard setback. shall be exempt from 153.101 (A)(4).  GOVERNMENT AND: INSTITUTIONALZONE (G&1); PRIVATE OWNERSHIP  S 153.271 SETBACKS.  (A) Side yard. The minimum size for a side yard shall be ten feet. For any structure over 35 feet in total building height, there shall be two feet of side yard setback for each foot of building height over 35 ()Single-family and duplex dwellings greater than 6.000 square feet oftotal gross floor area shall (2)Single-family and duplex dwellings greater than 6,000 square feet oft total gross floor area equipped with ai fire suppression system reviewed, approved, and inspected annually by the Fire Marshal,  feet in addition to the minimum side yard setback. have an additional 21 feet ofs side yard setback. shall be exempt from 153.101(A)().  Commercial Zone, Light Industrial One Zone, Light Industrial Two Zone permitted uses for Single- Family/Duplex dwellings abide by the setback requirements oft the High Density Residential (RH) Zone.    PLANNING BOARD REPORT  Per NCGS 160A-387, all proposed amendments to the zoning ordinance or zoning map shall have a written report provided from the Planning Board to the Town Council within 30 days of referral of the amendment to the Planning Board, or the Town Council may proceed in its consideration oft the amendment without the Planning Board report. Furthermore, in no case: is the Town Council bound by the recommendations, ifany, oft the Planning Board. 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 the Planning Board that a proposed amendment is inconsistent with the officially adopted plans shall not preclude consideration or approval of the proposed amendment by the Town Council.  PLANNING BOARD RECOMMENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment $153 Setbacks (Each Zoning District) - Additional 2 Feet Side Yard Setback for Single-Family and Duplex  Dwellings Greater Than 6,000 Square Feet  Approval/Denia!: Planning Board finds that the proposed zoning amendment to $153 Setbacks (Each Zoning District)- Additional 2 Feet Side Yard Setback for Single-Family and Duplex Dwellings Greater Than 6,000 Square Feet is/is not consistent with the adopted Land  Use Plan.  Therefore, the Planning Board finds the proposed amendment is consistenVinconsistent with the objectives and policies contained in the Kill Devil Hills Land Use Plan and/ or other This report reflects the recommendation oft the Planning Board with a vote of to_ this  officially adopted plans ofthe Town that are applicable.  seventeenth day of March, 2020.  Attest:  Planning Board Chairman  Secretary of] Planning Board