§ 48-401. Adoption.

District regulations:

(1)

For the purpose of this chapter, district regulations limiting the use of buildings and land and the bulk and arrangement of buildings as set forth in this article are hereby adopted for the town. These district regulations may be amended as provided in article XVIII of this chapter.

(2)

Permitted and prohibited use table.

a.

The following permitted/prohibited use table lists use classifications, categories, and types and indicates whether each is allowed with an administrative permit, a conditional use permit, or is prohibited.

b.

Zoning district descriptions. The use table lists allowable and prohibited uses for each zoning district in the Town of Nags Head. A general description outlining the intent of each district is provided below.

1.

R-1 low-density residential district. The R-1 low-density residential district is intended to encourage the development of permanent low-density residential neighborhoods.

2.

R-2 medium-density residential district. The R-2 medium-density residential district is intended to encourage the development of moderate-density residential neighborhoods with a mix of permanent and short-term seasonal residents, and to serve as a transition zone between the low-density area and more intensely developed areas.

3.

R-3 high density residential district. The R-3 high-density residential district is established as an area in which the principal use of the land is for high-density single-family and duplex residential development. The R-3 district also provides for the development of less intensive residential uses as well as compatible supporting uses.

4.

CR commercial residential district. The CR commercial residential district is established as an area in which the principal use of the land is for intensive recreational purposes and for those types of development which, by their nature, are best located in close proximity to the town's beach area. The CR district also provides for the less intensive residential uses as well as compatible supporting uses.

5.

C-1 neighborhood commercial district. The C-1 neighborhood commercial district is established primarily to encourage the concentration of commercial facilities in clusters and to provide readily accessible shopping facilities for the town's permanent and seasonal residents.

6.

C-2 general commercial district. The C-2 general commercial district is established to provide for the proper grouping and development of commercial facilities to serve the entire community.

7.

C-3 commercial services district. The C-3 commercial services district is established to provide standards for the location of commercial services which are required for the development of the town; such facilities as wholesale food and beverage storage and distribution, building contractor office and storage facilities, and other similar uses which are required elements of a self-sufficient community. Allowed uses shall not be detrimental to adjacent uses, the environment, and the sources of potable water, i.e., fresh pond and groundwater.

8.

C-4 village commercial district. The C-4 village commercial district is intended to permit the development of residential areas of low to moderate density with a mixture of professional commercial activities of limited size. It is also the intent of this C-4 district to attract permanent residents and to allow the conduct of small-scale business operations normally expected to produce a low volume of traffic. The C-4 district is further intended to provide an area in which small but similar businesses will be allowed to take advantage of the steady flow of low-volume vehicular and pedestrian traffic by locating within close proximity of each other.

9.

SPD-20 special planned development district. The SPD-20 special planned development district is created to permit development, primarily residential in nature, that is compatible with the environmentally sensitive nature of the unique coastal land forms contained in this district. The largest portion of this district contains Jockey's Ridge State Park which has been designated by the state coastal resources commission as a unique coastal geologic formation area of environmental concern and as a national natural landmark by the United States Department of the Interior. The northwestern portion of the district borders on Nags Head Woods, a maritime forest. This SPD-20 district is characterized by unique topographical and vegetative features including vegetated and unvegetated dunes, migrating sand dunes, as well as a pine forest.

10.

SED-80 special environmental district. This SED-80 district is created to permit low-density residential development that is compatible with the environmentally sensitive nature of Nags Head Woods and to preserve land in a natural state where such land is considered to be a vital link in the groundwater replenishment cycle of the outer banks and where the destruction of natural vegetation would have a harmful effect on the stability of the soil and its resistance to erosion.

11.

SPD-C special planned development-community. The SPD-C district is established to create regulations adapted to unified planning and development that are intended to accomplish the purposes of zoning and other applicable regulations to the same degree as in districts in which conventional regulations are intended to control development on a lot-by-lot basis. This is intended to promote economical and efficient land use, a higher level of amenities, appropriate and harmonious variety in physical development, design, and an improved living and working environment.

12.

O&S ocean and sound waters district. The ocean and sound waters district is established to provide for the proper use of the ocean and sound waters, including islands that adjoin the town, to ensure the continued scenic, conservation and recreational value that these waters provide to the town, its residents, visitors and the surrounding area. Regulations shall not prohibit or regulate commercial fishing and navigation.

13.

CO commercial-outdoor recreational uses overlay district. The commercial-outdoor recreational uses overlay district is established to provide a set of comprehensive land use regulations for the operation of commercial-outdoor recreational uses while protecting the residentially zoned areas of the town. This shall be the only area within the town where these uses are allowed.

14.

Hotel overlay district. The purpose of the hotel overlay district is to allow for the location of larger-scale hotels in commercial areas where the increase in height does not significantly affect the viewshed from Jockey's Ridge and does not diminish the low density character of the historic district and the neighborhoods within the R-2 medium density residential zoning district.

15.

SRO soundside residential dwelling overlay district. The purpose of the soundside overlay district is to establish regulations that will preserve the unique character and historical significance of the residential enclave located in the vicinity of the unimproved portion of Soundside Road and Chowan Avenue.

c.

Organization of uses. The use table organizes allowable uses by use classifications, use categories, and use types, together providing a systematic basis for identifying and consolidating or distinguishing unidentified land uses to determine whether a particular land use is allowable in a particular zoning district and in addressing future land uses.

1.

Use classifications. Use classifications identify broad general classification of uses and include residential, institutional, agricultural, commercial, industrial, transportation, and wireless telecommunication systems uses. Use classifications are further broken down into a series of general use categories and more specific use types.

2.

Use categories. Use categories describe the major sub-groups of the respective use classifications and are based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. For example, the residential use classification is divided into the household living and group living use categories. Use categories are further broken down into a series of individual use types.

3.

Use types. The specific use types are included in the respective use category. They identify the specific principal uses that are considered to fall within characteristics identified in the use category. For example, duplex dwellings, live/work dwellings, manufactured homes, single-family detached dwellings, and townhouse dwellings are use types in the household living use category.

d.

Prioritization. Certain use categories and use types are addressed specifically in the zoning ordinance and/or permitted/prohibited use table.

1.

The allowance for any specifically listed use type in the permitted/prohibited use table takes precedence over requirements for a broader use category.

2.

Likewise, the allowance for any use category in the permitted/prohibited use table takes precedence over a broader use classification.

e.

Permit types.

1.

Permitted uses. A "P" in a cell of the use table indicates that the corresponding use classification, category or type is permitted in the corresponding zoning district. Permitted uses are subject to compliance with all use-specific standards and applicable development regulations of the zoning ordinance.

2.

Uses requiring a conditional use permit. A "C" in a cell of the use table indicates that the corresponding use classification, category or type is permitted in the corresponding zoning district, subject to approval of a conditional use permit for the proposed use. Uses requiring a conditional use permit are subject to compliance with all use-specific standards and applicable development regulations of the zoning ordinance, as well as the conditional use approval process and criteria found in section 48-525 of the zoning ordinance.

3.

Prohibited uses. An "X" in a cell of the use table indicates that the corresponding use classification, category or type is prohibited in the corresponding zoning district.

4.

Uses allowed within the SPD-C, Village at Nags Head. A "V" in a cell in the tables in subsections (3) and (4) below indicates that the use is permitted within the SPD-C Village at Nags Head zoning district. The table in subsection (5) should be used to determine which Village at Nags Head District the use is allowed and whether the use is permitted by right or as a conditional use.

f.

Classification and review of unlisted uses. The zoning administrator shall determine whether or not an unlisted use is substantially similar to an already defined use category or use type. The zoning administrator shall use the following factors as a guideline when classifying a new or unlisted use to determine if such use is classified in a manner consistent with other similar uses in the applicable zoning district. A proposed use will not be denied solely because it is not included in this chapter as a listed use. An unlisted use will be denied if the zoning administrator determines that the unlisted use is substantially similar to a use which is expressly prohibited in that district.

1.

Consistency with the stated intent of the zoning district;

2.

Consistency with the adopted vision statement and land use plan;

3.

Density of development (number of units, square footage, etc.);

4.

Intensity of use;

5.

Type of activity associated with the use;

6.

Number of customers and length of stay;

7.

Generation of pedestrian and vehicular traffic;

8.

Potential impacts such as noise, light, odor, etc.; and

9.

Public safety.

If a use is deemed to be an unlisted use that is not prohibited, the use shall be considered as a conditional use using the more restrictive requirements of: (1) the most restrictive use in the district; or (2) the requirements and restrictions of the use with the most similar impacts found in another district.

(3)

Residential Prohibited and Permitted Uses Chart:

ZONING DISTRICTS

OVERLAY DISTRICTS

COMMENTS

TYPE OF USE

R-1

R-2

R-3

CR

C-1

C-2

C-3

C-4

SPD-C

SPD-20

SED-80

CO

Hotel

O&S

SRO

RESIDENTIAL Household Living

Detached Single-Family Dwellings

P

P

P

P

P

P

X

P

V

P

P

P

P

P

P

Large Residential Dwellings

P

P

P

P

P

P

X

P

V

P

P

P

P

P

P

Duplex

X

P

P

X

X

X

X

X

V

X

X

X

X

X

X

Customary Accessory Structures (Including Vertical Axis Wind Energy Facilities and Solar Energy)

P

P

P

P

P

P

P

P

V

P

P

P

P

P

X

Multi-Family

X

X

X

C

X

C

X

X

X

X

X

C

C

X

X

Residential Cluster Housing

X

P

X

X

X

X

X

X

X

X

C

X

X

X

X

Townhouses

X

X

X

C

X

C

X

X

V

C

X

X

X

X

X

Mobile/Manufactured Homes

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Trailers and Trailer Parks

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

RESIDENTIAL Group Living

Bed and Breakfast

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Boardinghouse or Rooming House

C

C

C

C

X

C

X

X

X

X

X

C

C

X

X

Convents & Monasteries

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Cottage Courts

X

X

X

C

X

C

X

X

X

X

X

X

C

X

X

Dormitories & Residence Halls

X

X

X

X

X

C

X

X

X

X

C

X

X

X

X

Fraternity & Sorority Houses

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Family Care Homes, Halfway Homes

P

P

P

P

P

P

X

P

X

P

P

P

P

X

X

NCGS 168-22

Hotels

X

X

X

C

X

C

X

X

V

X

X

C

C

X

X

Other Residential Uses

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

 

(4)

Non-Residential Prohibited and Permitted Uses Chart:

ZONING DISTRICTS

OVERLAY DISTRICTS

COMMENTS

TYPE OF USE

R-1

R-2

R-3

CR

C-1

C-2

C-3

C-4

SPD-C

SPD-20

SED-80

CO

Hotel

O&S

SRO

AGRICULTURAL

Agricultural Buildings

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Commercial Animal Production

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Commercial Crop Production (Indoor and Outdoor)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Livestock Shelters & Stables

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Plant Nurseries & Greenhouses

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Other Agricultural Uses (Excluding Backyard Chickens and Beekeeping)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

NCGS Article 55)

INSTITUTIONAL

Adult Day Service Center

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Child Day Care Center

X

C

X

X

X

C

X

X

V

C

X

C

C

X

X

Designated Public Events Site

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Elementary School Complex

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Governmental Offices

X

X

X

X

X

P

X

P

V

X

X

P

P

X

X

Municipal Public Works Facilities

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Municipally Owned Public Access Facilities

P

P

P

P

X

P

X

X

V

X

X

P

P

X

X

Municipally Owned Recreation Facilities

X

C

X

X

X

P

X

X

X

X

X

P

P

X

X

Museum

X

X

X

X

X

P

X

X

X

P

X

P

P

X

X

Nonprofit/Community Outreach Centers

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Nonprofit Outreach Center with Aquatic Fitness Facilities

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Nursing Home and Convalescent Home

X

X

X

X

X

X

X

X

X

X

C

X

X

X

X

Medical

Alcohol & Drug Detoxification, Rehabilitation and Treatment Facilities with Overnight Stays

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Alcohol & Drug Outpatient Treatment Facilities

X

X

X

X

X

P

X

X

X

X

X

X

X

X

X

Dialysis Center

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Hospital

X

X

X

X

X

X

X

X

V

X

X

X

X

X

X

Laboratories

X

X

X

X

X

X

X

X

V

X

X

X

X

X

X

Medical Offices

X

X

X

X

X

P

X

P

V

X

X

P

P

X

X

Religious Institutions

Accessory Church Schools

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Cemeteries

X

X

C

X

X

X

X

X

X

X

C

X

X

X

X

Churches and Religious Institutions

X

C

C

X

X

C

P

X

V

C

X

C

C

X

X

Crematoriums (Human or Animal)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Customary Accessory Church Facilities

X

C

C

X

X

C

P

X

V

C

X

C

C

X

X

COMMERCIAL

Commercial/Residential Mixed Development

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Multiple Principal Uses within Single Commercial Structure

X

X

X

X

X

C

C

X

X

X

X

C

C

X

X

Office/Retail Group Development

X

C

X

X

X

C

X

X

X

X

X

C

C

X

X

Short-term Rental

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Entertainment/Recreation Facilities

Clubhouse for 501(c)8 Fraternal Beneficiary Societies

X

X

X

X

X

P

X

X

X

X

X

X

X

X

X

501(c)8 as defined by IRS

Electronic Gaming Operations

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Haunted House

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Horseback Tours

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Indoor Entertainment/Recreation Facilities

X

X

X

X

X

C

X

X

V

X

X

C

C

X

X

Nightclubs

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Skate Park Facility

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Theater

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Water-Dependent Commercial Outdoor Recreational Uses

Commercial Marina

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Docking Facility

X

X

X

X

X

P

X

X

X

X

X

P

X

X

X

Accessory to Restaurant Only

Fishing Piers

X

C

X

C

C

C

X

X

X

X

X

C

C

X

X

Boat Launching/Rental Facilities

X

X

X

X

X

X

X

X

X

X

P*

C

X

X

X

Muni- cipal estua- rine access only in SED-80*

Fishing Boat Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Guide Boat Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Tour Boat Rental (49 Passengers or Less)

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Powered Watercraft, Runabout

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Small Fishing Skiff Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Jet-Pack Rentals

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Parasail Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Personal Watercraft

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Nonpowered and Wind Driven Boat Rentals

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Sailboat Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Canoe Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Kayak Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Windsurfer Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Pedal Boat Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Land-Dependent Commercial Outdoor Recreation Uses

Campgrounds

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Farmer's Markets

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Outdoor Bumper Boat Pool

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Go-Cart Rental

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Grass Surface Putting Course

X

X

X

X

X

X

X

X

V

X

X

C

X

X

X

Miniature Golf Course

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Outdoor Sport Climbing Wall

X

X

X

X

X

X

X

X

V

X

X

C

X

X

X

Aerial Adventure Park

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Outdoor Amusement Rides and Games (Accessory)

X

X

X

X

X

X

X

X

X

X

X

C

X

X

X

Shooting Range Indoor & Outdoor

X

X

X

X

X

X

X

X

X

X

P*

X

X

X

X

Only for government police training

Office

Business

X

X

X

X

X

P

X

P

V

X

X

P

P

X

X

Financial

X

X

X

X

X

P

X

P

V

X

X

P

P

X

X

General

X

X

X

X

X

P

X

P

V

X

X

P

P

X

X

Professional

X

X

X

X

X

P

X

P

V

X

X

P

P

X

X

Building Contractors Office

X

X

X

X

X

P

P

X

X

X

X

P

P

X

X

Trade Association Office

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Real Estate Rental Management Facility

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Offices with Outdoor Storage of Materials, Machinery and Commercial Vehicles

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Restaurant

Restaurant

X

X

X

P

X

P

X

X

V

X

X

P

P

X

X

Restaurant with Multiple Principal Structures

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Restaurant with Detached Single-Family Dwelling

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Restaurant, Drive-In

X

X

X

X

X

C

X

X

V

X

X

C

C

X

X

Restaurant, Drive-Through

X

X

X

X

X

C

X

X

V

X

X

C

C

X

X

Restaurant, Neighborhood

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Restaurant, Take-Out

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Food Truck

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Retail Sales

Drug Paraphernalia Sales

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Auction Houses

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Automobile Dealership

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Beach Recreation Equipment Rentals and Sales

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Automated Ice Vending Machines

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Smoke and Vapor Shops

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Retail Shopping Center

X

X

X

X

X

C

X

X

V

X

X

C

C

X

X

Antiques

X

X

X

X

X

P

X

P

V

X

X

P

P

X

X

Appliances

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Bicycles

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Boat Sales and Service

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Bookstores

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Cameras

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Candy

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Clothing

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Computers

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Craft Goods

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Drugstores

X

X

X

X

P

P

X

X

V

X

X

P

P

X

X

Dry goods

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Flowers, Greenhouses and Plant Nurseries

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Food stores

X

X

X

X

P

P

X

X

V

X

X

P

P

X

X

Gifts

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Hardware

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Hobby goods

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Jewelry

X

X

X

X

X

P

X

P

V

X

X

P

P

X

X

Magazines

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Musical Instruments

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Notions

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Owner Occupied Art Gallery

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Pet Shop

X

X

X

X

X

C

X

X

V

X

X

C

C

X

X

Sporting Goods

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Toys

X

X

X

X

X

P

X

P

V

X

X

P

P

X

X

Coffee Shops

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Outdoor Stands as an Accessory Use to Retail Shopping Centers

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Services

Aerobics Class/Dance School/Karate School

X

X

X

X

X

P

P

X

V

X

X

P

P

X

X

Animal Boarding Kennel

X

X

X

X

X

C

X

X

V

X

X

C

C

X

X

Automobile Service Stations and Repair Garage

X

X

X

X

X

C

X

X

V

X

X

C

C

X

X

Bail Bond Services

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Barbershops and Beauty Shops

X

X

X

X

P

P

X

X

V

X

X

P

P

X

X

Burglar Alarm, Security System Sales and Service

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Car Washes

X

X

X

X

X

C

X

X

V

X

X

C

C

X

X

Carpet Sales and Installation

X

X

X

X

X

X

P

X

V

X

X

X

X

X

X

Dry Cleaning and Laundry Pickup Stations, Including Laundromats

X

X

X

X

P

P

X

X

V

X

X

P

P

X

X

Fire Safety Equipment Sales and Service

X

X

X

X

X

X

P

X

V

X

X

X

X

X

X

Food Bank

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Funeral Homes

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Home Occupation

P

P

P

P

P

P

X

P

V

P

P

P

P

X

P

Indoor Fitness Center

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Indoor Public Assembly

X

X

X

X

P

P

X

X

V

X

X

P

P

X

X

Accessory to fishing pier

Locksmiths

X

X

X

X

X

X

P

X

V

X

X

X

X

X

X

Massage Therapy Centers

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Parking Lots

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Radio and Television Broadcasting Studios

X

X

X

X

X

P

X

X

X

X

X

P

P

X

X

Sexually Oriented Business

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Shoe Repair

X

X

X

X

X

P

X

X

V

X

X

P

P

X

X

Taxi and Limousine Service

X

X

X

X

X

P

P

X

V

X

X

P

P

X

X

Telecommunications Sales and Service

X

X

X

X

X

X

P

X

V

X

X

X

X

X

X

Veterinary Clinic

X

X

X

X

X

C

X

P

V

X

X

C

C

X

X

Wallpaper Sales and Installation

X

X

X

X

X

X

P

X

V

X

X

X

X

X

X

Water Well Drillers Office, Storage, Sales and Install

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

INDUSTRIAL

Energy Facilities

Satellite Dish Farms

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Solar Energy Farms

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Solar Energy Systems (Accessory)

P

P

P

P

P

P

P

P

V

P

P

P

P

P

P

Wind Energy Facilities (Accessory)

P

P

P

P

X

P

X

X

V

P

P

P

P

P

P

Wind Energy Facilities (Commercial)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Other Energy Facilities

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Manufacturing, Processing and Assembly Facilities

Asphalt and Concrete Plants

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Assembly or Packaging of Articles

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Beverage Manufacturing, Bottling and Processing Facilities

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Brick and Masonry Facilities

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Canvas, Fabric and Upholstery Fabrication

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Electrical Equipment Assembly

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Fine Craft and Folk Art Production

X

X

X

X

P

P

P

P

X

X

X

P

P

X

X

Foundries

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Manufacturing, Processing, Assembly and Other Industrial Facilities

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Metal Products Facilities (Fabrication and Assembly)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Recycling Materials Collection and Processing

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Resource Extraction Facilities

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Screen Printing Facility

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Stone Cutting, Shaping and Finishing Facilities

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Trade Centers or Multi-Use Buildings

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Waste Recovery Facility

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Warehousing

Indoor Training Facility for Dog Agility

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Internet or Electronic Sweepstakes Machines as defined in Sections 48-7 and 48-376 as an Accessory Use

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Junk Yards, Scrap Yards and Salvage Facilities

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Landfills and Solid Waste Disposal Facilities

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Mini-Storage (Self-Storage) Complex

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Open Space Infrastructure in Support of a Retail Shopping Center in Adjoining C2

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Other Warehousing/Storage Facilities

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Outdoor Storage in Crates, Trailers and Storage Units (PODs)

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Outdoor Storage of Construction Equipment & Materials

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

Outdoor Storage of Vehicles, Equipment and Other Goods

X

X

X

X

X

X

P

X

X

X

X

X

X

X

X

Public Utility Facilities

C

C

C

C

C

C

C

X

V

C

C

C

C

X

X

Warehousing & Storage Facilities

X

X

X

X

X

X

C

X

X

X

X

X

X

X

X

TRANSPORTATION

Aircraft Hangars

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Airports & Airfields

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Bus, Truck & Transportation Terminals, Yards & Parking Lots

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Distribution Centers, Parcel Delivery Centers & Delivery Warehouses

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Heliports

X

X

X

X

X

X

X

X

V

X

C

X

X

X

X

Parking Garages, Single and Multi-Story

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Pedicab Storage and Dispatch

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Powered Scooter Share Program

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Taxi and Limousine Service

X

X

X

X

X

P

X

X

X

X

X

X

X

X

X

Transit Stops

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Other Transportation Related Facilities

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

WIRELESS TELECOMMUNI-CATION SYSTEMS

Concealed Building-Mounted Antenna Installed Flush with Roofline

X

X

X

P

X

P

X

X

X

X

X

P

P

X

X

Concealed Building-Mounted Antenna not Meeting 48-407(b)(12)

X

X

X

X

X

C

X

X

X

X

X

C

C

X

X

Major Communication Towers

X

X

C

X

X

X

C

X

X

X

X

X

X

X

X

Minor Communication Towers

P

P

P

P

P

P

P

P

X

P

X

P

P

X

X

Unattended Telephone Switching Stations and Electric Substations

X

X

X

X

X

X

C

X

V

X

X

X

X

X

X

 

(5)

SPD-C, Special Planned Development-Community District (Village at Nags Head) Prohibited and Permitted Uses Chart:

TYPE OF USE	C-1	C-2	I	Hotel	Detached SF	Attached SF	Multi- family	Townhouse	Recreation
RESIDENTIAL
Accessory Security and Management Offices, Swimming Pools, and Tennis Courts	X	X	X	X	X	X	X	P	X
Detached Single-Family Dwelling	X	P	X	P	P	P	P	P	X
Duplex	X	X	X	X	X	X	P	P	X
Hotel	X	X	X	P	X	X	X	X	X
Hotel Condominium	X	X	X	P	X	X	X	X	X
Large Residential Dwellings	X	X	X	X	P	P	P	P	X
Motel	X	X	X	P	X	X	X	X	X
Motor Lodge/Motor Inn	X	X	X	P	X	X	X	X	X
Townhouse	X	X	X	X	X	X	X	P	X
Wind Energy Facility as Accessory to Single-Family Residential	X	X	X	X	P	P	P	P	X
COMMERCIAL
Aerobic Class/Dance Studio/Karate School	P	P	X	X	X	X	X	X	X
Attended Car Wash	X	C	X	X	X	X	X	X	X
Automobile Repair Garage	X	C	X	X	X	X	X	X	X
Automobile Sales and Rental	P	X	X	X	X	X	X	X	X
Automobile Service Station	C	C	X	X	X	X	X	X	X
Bakery and Delicatessen	P	X	X	X	X	X	X	X	X
Beach Recreation Equipment Rentals and Sales	X	P	X	X	X	X	X	X	X
Business and Vocational School	P	X	X	X	X	X	X	X	X
Child Day Care Center	C	X	X	C	X	X	X	X	X
Community Shopping Mall	P	X	X	X	X	X	X	X	X
Financial Institution	P	X	X	X	X	X	X	X	X
Funeral Homes	X	P	X	X	X	X	X	X	X
Greenhouse and Plant Nursery	P	X	X	X	X	X	X	X	X
Home Center	P	X	X	X	X	X	X	X	X
Indoor Public Assembly	P	C	X	X	X	X	X	X	X
Neighborhood Shopping Cluster	X	P	X	X	X	X	X	X	X
Newspaper Printing and Publishing	P	X	X	X	X	X	X	X	X
Office, including, Business, Financial, Governmental, Medical and Professional	P	P	X	P	X	X	X	X	X
Office Cluster	X	P	X	X	X	X	X	X	X
Outdoor Stands (Accessory to Shopping Mall/Neighborhood Shopping Cluster)	P	P	X	X	X	X	X	X	X
Personal Service Establishment, Including Barbershop and Beauty Shop, Shoe Repair Shop, Cleaning, Dyeing, Laundry, Pressing, Dressmaking, Tailoring, and Garment Repair Shop with Processing on the Premises	P	P	X	X	X	X	X	X	X
Pet Shop	X	C	X	X	X	X	X	X	X
Production and Repair Facility for Eyeglasses, Hearing Aids, and Prosthetic Devices	P	X	X	X	X	X	X	X	X
Regional Shopping Mall	P	X	X	X	X	X	X	X	X
Restaurant	P	X	X	P	X	X	X	X	X
Restaurant, Drive-In	C	C	X	C	X	X	X	X	X
Restaurant, Drive-Through	C	C	X	X	X	X	X	X	X
Retail Establishment, Including the Incidental Manufacturing, Repair or Service of Goods on the Premises, Retail Sales, Display Rooms, and Wholesale and Distribution Operations in Connection with a Retail Establishment	P	P	X	P	X	X	X	X	X
Taxi and Limousine Service	X	P	X	X	X	X	X	X	X
Theater	P	X	X	X	X	X	X	X	X
Veterinary Establishment and Commercial Kennel	P	C	X	X	X	X	X	X	X
INSTITUTIONAL
Hospital	X	X	X	X	X	C	X	X	X
Medical Laboratory	P	X	X	X	X	X	X	X	X
Municipal Building Including Fire Station, Police Station, and Administrative Office	X	X	P	X	X	X	X	X	X
Religious Complex	X	C	X	X	X	X	X	X	X
Telephone Switching Station/Electric Substation	C	C	C	C	C	C	C	X	X
Wastewater Treatment Plant	X	X	P	X	X	X	X	X	X
RECREATIONAL
Beach Access and Bathhouse	X	X	X	X	X	X	X	X	P
Beach and Tennis Club	X	X	X	X	X	X	X	X	P
Commercial and Recreational Uses as Accessory to Hotel (i.e., Bath and Tennis Club, Restaurant, and Gifts/Specialty Shop)	X	X	X	P	X	X	X	X	X
Golf Club and Golf Course	X	X	X	X	X	X	X	X	P
Golf Course Maintenance Facility	X	X	P	X	X	X	X	X	X
Grass Surface Putting Course	X	C	X	X	X	X	X	X	X
Indoor Recreational Facility	P	X	X	X	X	X	X	X	X
Open Space	X	X	X	X	X	X	X	X	P
Sport Climbing Wall	X	C	X	X	X	X	X	X	X
TRANSPORTATION
Heliports	X	X	X	X	X	C	X	X	X

 

(Code 1990, § 22-301; Ord. No. 17-05-008 , Pt. II, 5-17-2017; Ord. No. 17-09-015 , Pt. II, 9-6-2017; Ord. No. 17-10-017 , Pt. III, 10-4-2017; Ord. No. 18-10-015 , Pt. II, 10-3-2018; Ord. No. 19-02-003 , Pt. III, 2-6-2019; Ord. No. 19-04-006 , Pt. IV, 4-3-2019)