DEVIL R s Birthplace Aviation of S H CARO  TOWN OF KILL DEVIL HILLS  Land Where  Flight Began  NOTICE OF PUBLIC MEETING  NOTICE IS HEREBY GIVEN that on Tuesday, September 17, 2024, at 5:30 p.m., the Kill Devil Hills Planning Board willl hold its regular meeting oft the month in the Town Halll Meeting Room located A printed packet is available for public inspection in the Office oft the Town Clerk, 102 Town Halll Drive. To schedule ani inspection time, contact the Department at 252-449-5300. Packet materials can be viewed on1 the Town's website at htpsy/www.kdhnc.com7-5/Meeins-AAgendas-Packets: Written public comments for thel Planning Board can be emailed to info@kdhnc.com. Comments must include your name and address and are limited to three minutes for individuals, and five minutes  at 102 Town Hall Drive, Killl Devil Hills.  Minutes.  when speaking for a group. Call to Order Agenda Approval Public Comment Response tol Public Comment Ongoing Business New Business (ADU) Site Requirements Public Comment Response to Public Comment Board Member Comment Adjournment Jennifer Stecher  AGENDA  Approval of thel Minutes oft the. July 16, 2024, meeting  1. Zoning Amendment Request- - $153.315(B)(4) Accessory Dwelling Units (ADU) - Modify  Posted this 12th day of September 2024. Administrative Assistant/Deputy Town Clerk  Copies to:  Mayor and Board of Commissioners, Planning Board members in their packet materials; Town Manager; Town bulletin boards; Town Sunshine List, including all local 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-+49.300: "www.kdhnc.com    Minutes of the Tuesday, July 16, 2024, 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: Becky Breiholz, Sandie Markland, Natalie Painter, Ron Seidman, II, and  Phillip Wayland  Members Absent: Chairperson Howard Buchanan and Jenniffer Albanese  Others Present:  Cameron Ray, Assistant Planning Director; and Jennifer R. Stecher,  Deputy Town Clerk  Call to Order  At 5:30 p.m., Vice Chairperson Ron Seidman called the Tuesday, July 16, 2024, meeting oft the Kill Devil Hills Planning Board to order and welcomed everyone present, and welcomed  Phillip Wayland as ai member to the Planning Board.  Agenda Approval  Sandie Markland 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 May 21, 2024 meeting  Ms. Markland moved to approve the May 21,2024, meeting minutes, as presented. Phillip Wayland seconded the motion, which was approved by a unanimous, 4-0, vote.  Public Comment Response to Public Comment Ongoing Business New Business  1. Zoning Amendment Request $153.120(E)(4)0) Low Density Residential Zone Site Requirements Amend Requirements for Permeable Pavement Lot Coverage  Calculations for Lot(s) Greater than One. Acre  DRAFT: Minutes July 16, 2024 Planning Board Page 1of3    The zoning amendment: request submitted by Eddie Goodrich is to amend Town Code section 153.120(E)(4)c) to modify the requirements for permeable pavement lot coverage calculations for lot(s) greater than one acre ini the Low Density Residential Zone. Town Code section 153.120(E)(4)C) was amended in 2018 to allow for lot coverage reductions in this zoning district. Per the Planning Board recommendations, several additional requirements were added including limiting the minimum eligible lot size of7,500 square feet and 50% ofthe required parking had to be outside the footprint of the structure. These recommendations were incorporated into the newi regulations to address the concern of additional lot coverage on smaller lots and the regulations resulting in larger structures. The proposed amendment request is to eliminate the requirement for the 50% of required parking being outside the footprint on all lots greater than one acre. When the original amendment was being reviewed, cluster homes and cottage courts were not allowed uses in the Staff recommended that the Planning Board forward the zoning amendment request to amend Town Code section $153.120(E)(4)0C) Low Density Residential Zone Site Requirements, specifically to amend requirements for permeable pavement lot coverage calculations for lot(s) greater than one acre as presented with attached consistency statement to the Board of  (RL) zone, which require ai minimum of one acre.  Commissioners with a favorable recommendation.  Members discussed what the potential outcomes would be with this zoning amendment. Staff verified that this zoning amendment will only apply to the Residential Low zone on parcels greater than one acre, which predominantly applies to cluster homes and cottage courts. Ms. Markland moved to: forward the zoning amendment request to modify Town Code section $153.1200)4)0Low: Density Residential Zone Site Requirements to amend requirements for permeable pavement lot coverage calculations for lot(s) greater than one acre as presented with consistency statement to the Board of Commissioners with a favorable recommendation. Ms. Breiholz seconded the motion, which passed with a unanimous 4-0 vote.  Public Comment  Response to Public Comment Board Member Comment  The group discussed permeable pavement and the upkeep necessary to maintain its benefits. The Planning Board had previously approved an amendment to the Town's stormwater management ordinance that gave some local enforcement ofs stormwater management with best management practices for maintenance, Staffhas used this enforcement to the benefit ofj property  owners. Adjournment  DRAFTI Minutes July 16, 2024 Planning Board Page 2 of3    There being no further business before the Planning Board at this time, Ms. Breiholz moved to adjourn the meeting. Ms. Markland seconded the motion, which was approved by a  unanimous, 4-0, vote. Itwas 5:45 p.m.  Submitted by:  Jennifer R. Stecher  Administrative Assistant/Deputy Town Clerk  DRAFTI Minutes July 16, 2024 Planning Board Page 3 of3    Director of Planning andl 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  Birthplaceof  Aviation CAROY  THE TOWN OF KILL DEVIL HILLS  NORTH CAROLINA PLANNING DEPARTMENT  September 17, 2024 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director B Modify (ADU) Sitel Requirements  Zoning Amendment Request -S $153.315(B)(4). Accessory Dwelling Units (ADU)- -  Attached is a Zoning Amendment request from David Snow to amend Town Code sections 153.315(B)(4) Accessory Dwelling Units (ADU) to modify (ADU) site requirements. The amendment request is to remove the requirement for detached ADU's to bel located behind thej primary dwelling. This requirement was incldued int the original Town code amendment for ADU's, which was a common regulation for ADU'si ini neighboring, jurisdictions. Sincei that time, several other jurisdictions have removed this Staffs supports the change to remove the requirement as requested, however Staffrecommends: that the Town include al height restriction for the ADUnot to exceed thel height oft the primary dwelling. This is consistent with the original intent of this section, which was: for the ADU toi not be the focal point ofthe site, but be an accessory to the primary structure. The applicant has agreed to thej proposed language Staffrecommends: forwarding the attached amendment to 153.315(B)(4). Accessory Dwelling with attached consistency statement to thel Board of Commissioners with a favorable recommendation.  requirement.  addition per staff's recommendation and is attached with thej packet material.  102 Town) Hall Drive* PO: Box 1719* Killl Devill Hills, NC 27948 * (252) 449-5318* *] Fax (252) 441-4102    Ordinance Number  AN ORDINANCE AMENDING THE KILL DEVIL HILLS CODE OF ORDINANCES, CHAPTER 153, ZONING  BE: IT ORDAINED by the Kill Devil Hills Board of Commissioners that Chapter 153, Zoning oft the Kill Devil Hills Town Code ofOrdinances, shall be amended by adding the underlined language and deleting the following stricken language to the sections identified below, as  follows:  SPECIAL REGULATIONS  S1 153.315 ACCESSORY DWELLING UNITS.  (A) Purpose. The purpose of these provisions for all accessory dwelling units (ADUS) is to allow the efficient use of existing housing stock, parcels of land, and community infrastructure, and to increase the number and variety of residential units while respecting the scale and  character of existing neighborhoods.  (B) General provisions. Accessory dwelling units (ADUS) are allowed as permitted uses in Low Density Residential, High Density Residential, Commercial, Light Industrial 1 and Light  Industrial 2 Zoning Districts, subject to the following standards:  (1) An ADU can only be located on aj property containing one single-family detached dwelling. The property may contain other accessory structures and uses as permitted in this  section.  (2) No more than one ADU shall be permitted per residential lot.  (3) ADUS shall not be larger than 50% oft the living area oft the primary residence, or 800  square feet, whichever is lesser.  PROPOSED Amendment Chapter 153, Zoning Page-1-of3  S 153.315. Accessory Dwelling Units - to eliminate the requirement for detached ADUS to bel located behind the primary dwelling    (4) An ADU must comply with all applicable minimum building setback requirements and a detached ADU meseméyemi-aes exceed the height of the primary residence. (5) An ADU must bej properly permitted, inspected, and comply with all applicable  standards oft the State Building Code and Kill Devil Hills Town Code.  (6) The owner must obtain aj permit from the County Environmental Health Department that the existing wastewater system can accommodate or be improved to accommodate the  establishment of an ADU.  (7) ADUS shall be parked in accordance with $ 153.076 Off Street Parking and Loading. (8) Recreational vehicles, travel trailers and/or manufactured homes shall not be used or  approved as an ADU.  (9) An ADU shall not be subdivided or segregated in ownership from the principal dwelling  unit.  (10) An ADUin Low Density Residential and High Density Residential Zoning Districts shall only be occupied for long-term occupancy as defined in $ 153.002. Property owners shall be required to execute and record, with the Dare County Register ofl Deeds, a long-term use agreement declaring that the dwelling unit shall be used only for long-term occupancy in  perpetuity prior to issuance ofal building permit.  PROPOSED Amendment Chapter 153, Zoning Page-2-of3  $153.315. Accessory Dwelling Units - to eliminate the requirement: for detached ADUS to be located behind thej primary dwelling    BE ITI FURTHER ORDAINED that it is the intent oft the Board of Commissioners that the provisions ofthis ordinance shall be made aj part oft the Kill Devil Hills Code of Ordinances; the sections ofthis ordinance may be re-numbered or re-lettered; and the word "ordinance" may be changed to "section,""article," "chapter," or other appropriate designation to accomplish such This amendment to Chapter 153, Zoning, shall be in full force and effect from and after  intention as needed. the by a vote of  day of  2024. Adopted and approved by the Board of Commissioners of  the Town ofKill Devil Hills at a regular meeting held on the  day of  2024,  in favor and  opposed.  PROPOSED Amendment Chapter 153, Zoning Page-3-of3  $153.315. Accessory Dwelling Units - to eliminate the requirement for detached ADUS to be located behind the primary dwelling    Ray, Cameron From: Sent: To: Subject:  davidhsnow Gawdhspowegmal.om, Thursday, September 12, 20243:09PM  Ray, Cameron  RE: Zoning Amendment Request - 153.315(B)(4): Staff Requested Language Addition  To whom it may concern, lagree to alli terms.  Sincerely, David H. Snow  Sent from my Galaxy  Original message From: "Ray, Cameron" Cameron@kdhnc.com> Date: 9/12/2412:12 PM (GMT-05:00) To: davdhsmow@gmal.com  Subject: Zoning Amendment Request-1 153.315(B)(4):: Staff Requested Language Addition  Good morning David,  Staff has reviewed your zoning amendment request and is prepared to recommend approval of the language you presented, however Staff does have additional language that is recommended to add. Staff would like to restrict the height of the ADU to not exceed thel height oft the primary structure as to not bet thet focal point oft these developments.  Below is the proposed language with Staff's proposed additional language in BLUE:  $153.315 ACCESSORY DWELLING UNITS.  (B) General provisions. Accessory dwelling units (ADUs) are allowed as permitted uses in Low Density Residential, High Density Residential, Commercial, Light Industrial 1 and Light Industrial 2 (4) An ADU must comply with all applicable minimum building setback requirements and a detached ADU cannot eMendbeyond-ne-rent exceed the height of the primary residence.  Zoning Districts, subject to the following standards:    Ify you agree or disagree to the language additions above, please respond letting mel know at your earliest convenience. As discussed, this item willl ber reviewed by thel Planning Board at their upcoming September 17,2024 meeting at 5:30pm  at KDH Town Hall. Please let me know ify you have any questions.  Sincerely,  Cameron Ray, CFM,CZO Assistant Planning Director POI Box 1719 Kill Devil Hills, NC: 27948 252-449-5311 phone 252-441-4102 fax www.kdhnc.com  Birthplaceo of Aviation CARO)  2    PLANNING BOARD REPORT  Per NCGS 160D-604(b), Zoning Amendments. - Subsequent toi initial adoption ofa 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 on 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 ai 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 thati is applicable. The 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 the planning board that aj proposed amendment isi inconsistent with the comprehensive plan shall not preclude consideration or approval of thej 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 (ADU) --Modify (ADU) Site Requirements  Proposed. Amendment Title: Proposed Zoning Amemme-1153169 Accessory Dwelling Units Approval/Denia!: Planning Board finds that thel Proposed Zoning Amendment $153.315(B)(4) Accessory Dwelling Units (ADU) - Modify (ADU) Site Requirements: is/is not consistent withi the Therefore, the Planning Board finds the proposed amendment is constentinconsistent with the objectives and policies contained int thel Kill Devil Hills Land Use Plan and/ or other officially adopted This report reflects the recommendation of the Planning Board with a vote of to_ this the  adopted Land Usel Plan.  plans oft the' Town that are applicable. Seventeenth day of September, 2024.  Attest:  Planning Board Chairman  Secretary of Planning Board    Kill Devil Hills  E CAR  NorthCarolina  CODE AMENDMENT APPLICATION  Planning and Inspections Department  (252)449-5318 102 Town Hall Drive Kill Devil Hills, NC27948  FEE: $500.00  Thej purpose oft this application is to request a code amendment, or aj permanent alteration, to the  Kill Devil Hills Town Code.  Required tachmentssubmitals for an application for a code: amendment:  1.) A completed application  2.) One copy oft the code in question (existing Kill Devil Hills Town Code) 3.) One copy of your proposed code amendment, with the proposed changes highlighted  4.) Application Fee, which is nonrefundable  ***Important: If any of the above requirements are: not present at the time of submittal, the application will be deemed incomplete and will not be  accepted.***  Town of Kill Devil Hilis AUG 15 2024  Certification:  I(we) hereby acknowledge and say that the information contained herein and herewith is true and that this application shall not be scheduled lapning for Official Gaspections Departhent consideration until all oft the required contents are submitted in proper form to the Town of Kill Devil Hills Planning and Inspections Department.  Petitioner's Name (Please Print): Petitioner's Signature:  Date: Siapazy  CDS  For Staff Use Only:  Fee Received by: Lemerw Ray  Date: 8/s/2024    DEVIL Birthplaceol Aviation CARC  Town ofKill Devil Hills  North Carolina  Application for a Code Amendment  (Please Type or Print)  Agent for Petitioner fApplicable)  Petitioner Name:  Name:  DAKDA SNow  Address:  Address:  9018 BAy DriJE Kll DEUN tuls NC,07448  Telephone Number:  Telephone Number:  252-489-444  Email:  Email:  chudhsaoa@gnal ew  Ihereby request an amendment to the following specific section ofthe Town Code:  Chapter: 153.3)5 Code: ACCGSOfY Dawzlg ON  Title:  (B)(4)  To this application, attach:  One copy of the code in question (existing Kill Devil Hills' Town Code)  One copy of your proposed code amendment, with the proposed changes highlighted  Page 2of3    DEVIL Birthplaceo Aviation of THCAROV  Town of Kill Devil Hills  North Carolina  Application for a Code Amendment  1. Please provide a detailed justification for the proposed amendment (attach additional pages  as needed):  M ASkAN to KEEP hE ADU UNt ONS hE PoASds of BAy DUE AND Bwlo hE MAw housEON hE SNdSIOE. This Should heCowsideerso -r Savpo fowt  AN OCEAN Fonk Popecties  2. How does this proposed amendment help toj promote the public health, safety, and general  welfare? (attach additional pages as needed)  Tnis wuill provide A PMANENA  for WoRkacSI ShAfP orhe  SeO   Ku DEN Mcls.  Page 3 of3    Cayef Code jv queska (6st  S 153.315 ACCESSORY DWELLING UNITS.  (A) Purpose. The purpose of these provisions for all accessory dwelling units (ADUs) isto allow the efficient use of existing housing stock, parcels of land, and community infrastructure, and to increase the number and variety of residential units while respecting the scale and character of existing neighborhoods. (B) General provisions. Accessory dwelling units (ADUs) are allowed as permitted uses in Low Density Residential, High Density Residential, Commercial, Light Industrial 1a and Light Industrial 2 Zoning Districts, subject to the following standards: (1) An ADU can only be located on a property containing one single-family detached dwelling. The property may contain other accessory structures and uses as  permitted in this section.  (2) No more than one ADU shall be permitted per residential lot.  (3) ADUS shall not be larger than 50% of the living area of the primary residence, (4) An ADU must comply with all applicable minimum building setback requirements and a detached ADU cannot extend beyond the front of the primary (5) An ADU must be properly permitted, inspected, and comply with all applicable (6) The owner must obtain a permit from the County Environmental Health Department that the existing wastewater system can accommodate or be improved to (7) ADUS shall be parked in accordance with S 153.076 Off Street Parking and (8) Recreational vehicles, travel trailers and/or manufactured homes shall not be (9) An ADU shall not be subdivided or segregated in ownership from the principal (10) An ADU in Low Density Residential and High Density Residential Zoning Districts shall only be occupied for long-term occupancy as defined in S. 153.002. Property owners shall be required to execute and record, with the Dare County Register of Deeds, a long-term use agreement declaring that the dwelling unit shall be used only for long-term occupancy in perpetuity prior to issuance of a building permit.  or 800 square feet, whichever is lesser.  residence.  standards of the State Building Code and Kill Devil Hills Town Code.  accommodate the establishment of an ADU.  Loading.  used or approved as an ADU.  dwelling unit.    Applat Argosel Amerlment  $153.315 ACCESSORY DWELLING UNITS.  (A) Purpose. The purpose of these provisions for all accessory dwelling units (ADUS) ist to allow the efficient use of existing housing stock, parcels of land, and community infrastructure, and to increase the number and variety of residential units while respecting the scale and character of existing neighbornoods. (B) General provisions. Accessory dwelling units (ADUS) are allowed as permitted uses in Low Density Residential, High Density Residential, Commercial, Light Industrial 1a and Light Industrial 2 Zoning Districts, subject toi thet following standards: (1) An ADU can only be located on a property containing one single-family detached dwelling. The property may contain other accessory structures and uses as  permitted in this section.  (2) No more than one. ADU shall be permitted per residential lot.  (3) ADUS shall not be larger than 50% of the living area of the primary residence, (4) An ADU must comply with all applicable minimum building setback requirements. amdadelachedADUcamatesenileyenseman, (5) An ADU must be properly permitted, inspected, and comply with all applicable (6) The owner must obtain a permit from the County Environmental Health Department that the existing wastewater system can accommodate or be improved to (7) ADUS shall be parked in accordance with S 153.076 Off Street Parking and (8) Recreational vehicles, travel trailers and/or manufactured homes shall not be (9) An ADU shall not be subdivided or segregated in ownership from the principal (10) An ADU in Low Density Residential and High Density Residential Zoning Districts shall only be occupied for long-term occupancy as defined in S 153.002. Property owners shall be required to execute and record, with the Dare County Register of Deeds, a long-term use agreement declaring that the dwelling unit shall be used only for long-term occupancy in perpetuity prior to issuance of a building permit.  or 800 square feet, whichever is lesser.  residence.  standards of the State Building Code and Kill Devil Hills Town Code.  accommodate the establishment of an ADU.  Loading.  used or approved as an ADU.  dwelling unit.    EVIL Birthplaceof CARO  Town of Kill Devil Hills Planning and Inspections  252-449-5318 NON-REFUNDABLE FEES  Date: 8/15/24  Board of Adjustments CAMA C Copies Text Amendment Other: Amount: $500.00  Exempt plat/Subdivision Fines and/or Re-Inspection Fee - Site Plan Review Permit Re-instatement  Received From: David Snow  Description: Town code amendment - 153.315(A)(4)  Received by: Cameron Ray  PAID AUG 15 2024 TOWNOF KILLDEVILHILLS