§ 48-446. Hotel overlay district.
(a)
Intent. The hotel overlay district is hereby established. The purpose of this 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. All hotel uses proposed within this overlay district shall be subject to the procedures, standards, and guidelines specified in the following sections, in addition to other applicable rules, regulations, and permit requirements. In cases of conflicts with regulations in the underlying zoning district and with other zoning ordinance provisions, the regulations of this section shall apply.
(b)
The provisions of this section shall apply to all areas designated as the hotel overlay district and defined on the Official Zoning Map of the Town of Nags Head, North Carolina. This area generally includes the C-2 general commercial district south of the SPD-C district to Whalebone Junction.
(c)
Conditional uses. The following uses shall be permitted subject to the requirements of this district and additional regulations and requirements imposed by the board of commissioners as provided in article X:
(1)
Hotels, provided that the conditions and dimensional requirements set forth in subsection 48-407(c)(7) are satisfied with the following exceptions:
a.
Maximum height of structures shall be 60 feet.
b.
Hotels shall be allowed a maximum total lot coverage of 65 percent. Coverage may be increased to a maximum of 75 percent if open-face paving block, Turfstone TM , or porous concrete as approved by the town engineer is used in place of surfaces such as concrete or asphalt. The porous concrete shall be designed and installed in accordance with ACI specifications, or equivalent standard, with hydrological, operation and maintenance considerations in accordance with those described in Chapter 18, Permeable Pavement, NCDENR - Division of Water Quality - Stormwater Best Management Practices Manual, latest edition. Installation shall be conducted by a contractor certified in the installation of this type of pavement system. One square foot of concrete or asphalt can be replaced by 1½ square feet of open-face paving block. Open-face paving block shall be installed in accordance with section article V of this chapter. In the case of lots abutting estuarine waters (as defined by Division of Marine Fisheries and used by CAMA), lot coverage shall be in accordance with the standards listed above, except that in the area waterward of the U.S. Army Corps of Engineers 404 fill line, lot coverage shall not exceed 30 percent. In the event that the Corps of Engineers 404 fill line is not evident or located within the estuarine AEC, as defined by CAMA, lot coverage within the estuarine AEC shall not exceed 30 percent. Lot coverage allowances shall not be transferred from one portion of the lot to another.
c.
For hotels buildings higher than 35 feet, the side yard setback shall be ten feet plus an additional one foot for each foot over 35 feet.
d.
A minimum of 50 percent of the required side yard setbacks shall be left undeveloped as open space, however, side yard undeveloped open space need not exceed ten feet.
e.
The following regulations shall apply to all streets with the exception of US 158 and U.S. 64/264. The provisions from the C-2 General Commercial zoning district pertaining to hotel accessways shall apply to accessways onto US 158 and U.S. 64/264. A minimum of 350 feet of frontage along a street shall be required before two accessways are permitted to the same street. The accessways shall comply with the following standards:
1.
Accessways shall not be less than 28 feet or more than 40 feet in width at their intersection with the property line and shall be installed with curbs of asphalt or concrete at street connections to prevent damage to roadways;
2.
In the case where only one principal accessway exists, the accessway shall have an exit lane for left turns (where permitted), an exit lane for right turns, and one entrance lane. In the case where two or more accessways exist on the same street, one entrance lane and one exit lane shall be sufficient. The lanes shall be appropriately marked to indicate exit and entrance; and
3.
At its intersection with the property line, an accessway shall not be less than 30 feet from a corner of the adjacent property. At least one accessway will be allowed for each hotel development.
f.
Hotels may have hotel suites consisting of no more than two bedrooms and a total unit size not to exceed 1,200 square feet in area, provided that the number of suites does not comprise more than 33 percent of the total number of hotel units.
(2)
Small wind energy facility as an accessory use to principal uses listed in the hotel overlay district, as well as the principal uses in the underlying C-2 General Commercial District, provided the following requirements are met and requirements imposed by the board of commissioners as provided in article XIX of this chapter:
a.
Setbacks. Small wind energy facility(ies) shall be set back a minimum distance of 1.1 times the wind turbine height from all property lines and rights-of-way. Required setbacks may be waived if an easement agreement is signed by adjacent property owners and recorded in the county register of deeds office. The setback from estuarine waters shall be a minimum of 30 feet measured from the mean high water as determined by CAMA.
b.
Height. The wind turbine height of a small wind energy facility shall not exceed 105 feet measured from grade at the center of the tower to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.
c.
Clearance. Rotor blades on wind energy facilities must maintain at least 24 feet of clearance between their lowest point and the ground or any structure other than the supporting tower.
d.
Installation and design.
1.
Guy wire towers are prohibited.
2.
The installation and design of the small wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute and all applicable local, state and national codes. Installed facilities shall be reinspected every five years by a licensed engineer for structural integrity with an inspection report to be provided to the department of planning and development.
3.
All structural, electrical and mechanical components of the small wind energy facility shall conform to relevant and applicable local, state and national codes at the time of application.
4.
No wind energy facility may be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer small wind energy facility. Off grid systems shall be exempt from this requirement.
5.
Small wind energy facilities shall be equipped with a braking device and emergency shutoff to keep the rotor stationary while the turbine is being inspected or maintained. The braking device shall also be used for winds exceeding optimal speeds.
6.
All on-site collector wiring shall be placed underground.
7.
The visual appearance of the small wind energy facility shall at a minimum:
i.
Be a nonobtrusive color such as white, off-white or gray;
ii.
Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety;
iii.
Not display advertising except for manufactures identification; and
iv.
No flags, streamers or decorative item shall be attached to the wind energy facility.
8.
Small wind energy facilities shall comply with the provisions of [chapter 16 article III of this Code].
e.
Decommissioning.
1.
The small wind energy facility owner shall have six months to complete decommissioning of the facility if no electricity is generated for a continuous period of 12 months.
2.
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities.
f.
Development permit requirement.
1.
No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed unless a development permit has been issued to the facility owner approving construction of the facility under this [section]. Permit application of the expansion shall be based on the total rated capacity, including existing facility but excluding like-kind replacements.
2.
Any physical modification to an existing and permitted wind energy facility that materially alters the size and/or type of wind turbines or other equipment shall require a development permit modification under this [section].
g.
Development permit application.
1.
The development permit application shall contain the following: a narrative describing the proposed wind energy facility, including an overview of the project, the proposed total rated capacity of the wind energy facility, the proposed number, types and height of wind turbines to be constructed; and a description of ancillary facilities;
2.
A site plan showing the planned location of all wind turbines, property lines demonstrating compliance of the setbacks;
3.
Certification of compliance with applicable local, state and federal regulations, such as FAA and FCC regulations;
4.
Other relevant information may be reasonably requested by the town to ensure compliance with the requirements of this [section].
5.
Decommissioning plans that describe the anticipated life of the wind power project, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the wind power project will be decommissioned and the site restored.
(Ord. No. 04-03-007, § II, 3-3-2004; Ord. No. 04-12-045, § I, 12-1-2004; Ord. No. 09-10-040, Pt. II, 10-7-2009; Ord. No. 11-02-005, Pt. IV, 2-2-2011; Ord. No. 11-03-010, Pt. IX, 3-2-2011; Ord. No. 11-11-041, Pt. I, 11-2-2011)