§ 48-447. Soundside Residential Dwelling Overlay District.

(a)

Intent. The Soundside Residential Dwelling Overlay District is hereby established. The purpose of this overlay district is to set forth 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.

This area was one of the earliest developed areas of the town. Historically, it was in close proximity to the ferry landing point for many of the early visitors to Nags Head and was one of the first locations for summer houses before property owners began developing on the oceanfront. Many of the early cottages in this area were small, one to 1-1/2 story homes that resembled the cottages still present today in the Nags Head Historic Cottage Row. Although this area has experienced some redevelopment since its inception, many of the existing houses retain the character of the original development. This is reflected in the present architectural styles as well as the low-density, informal landscape which maintains the area's natural topography and vegetation. For the aforementioned reasons, the Town of Nags Head recognizes this area as one of unique significance, and consequently wishes to take measures to preserve its existing character. Specifically, the intent of this section is to achieve the following objectives:

(1)

To maintain and promote residential development that patterns the architecture and building designs of the current and former cottages of this area.

(2)

To minimize land disturbance and preserve natural topography and vegetation.

(3)

To maintain a low-density character while still allowing reasonable use of property.

(4)

To establish minimum street and driveway standards to accommodate town service vehicles and local traffic while reducing impervious surfaces.

(b)

Applicability. The provisions of this section shall apply to all areas designated as the Soundside Residential Dwelling Overlay District as defined on the official Zoning Map of the Town of Nags Head, North Carolina. This area generally includes parcels within the R-2 medium density residential zoning district abutting the unimproved portions of Soundside Road and Chowan Avenue. The Soundside Residential Dwelling Overlay District is bounded by the Old Nags Head Cove Subdivision to the south and east, the Southridge Subdivision and the Nags Head Hotel property lots to the north, and the Roanoke Sound to the west. Where the provisions of this section conflict with the provisions of section 48-403 R-2 medium density residential district, the provisions of this section shall apply.

(c)

Permitted uses. Permitted uses in the Soundside Residential Dwelling Overlay District include those uses set forth in section 48-403, R-2 medium density residential district, subsection (b)(1), subsection (b)(3), and subsection (b)(6). Large residential dwellings permitted under subsection 48-403 (b)(6) shall not exceed an enclosed habitable living space of 4,200 square feet, and the minimum lot area requirement for the permitting of large residential dwellings shall be 24,000 square feet. The customary accessory uses and structures permitted in section 48-403, R-2 medium density residential district, subsection (b)(5) shall be allowed with the exclusion of minor communication towers.

(d)

Dimensional requirements. In addition to the dimensional requirements set forth in section 48-403, R-2 medium density residential district, subsection (d), lot coverage for lots located in the Soundside Residential Dwelling Overlay District shall not exceed 25 percent. Private access easements, a maximum of 20 feet for two-way and 14 feet for one-way improved gravel surface area, shall be excluded from individual lot coverage calculations provided such access is not used for parking as required by section 48-167.

(e)

Site design. The following design criteria shall be satisfied in order to protect the unique natural features and vegetation in the Soundside Residential Dwelling Overlay District:

(1)

Land disturbing activity and the removal of trees greater than four inches in diameter measured at one foot above the ground shall be limited to the following areas:

a.

Within the proposed building footprint, including decks and a ten-foot perimeter around the principal building and its accessory buildings;

b.

Within vehicular accessways;

c.

Within the septic tank nitrification field and an area around such field as determined by the county department of environmental health as to ensure proper functioning of the septic system; and

d.

Within areas where land disturbing activities have created slopes in excess of three to one, the finished topography shall be aligned with and graded to existing neighboring dunes in such a manner as to minimize erosion.

(2)

The use of bulkheads shall be limited to vehicular accessways, decorative landscaping and estuarine bulkheads only.

(3)

A building permit shall be required prior to any building site preparation.

(4)

Prior to any tree removal or earth disturbing activity, the perimeter of all proposed structures, accessways and drainfield areas shall be staked on the lot and inspected by the zoning administrator.

(5)

Unimproved gravel driveways and gravel aprons shall be permitted.

(6)

All utilities shall be placed underground.

(f)

Building design. In addition to the applicable standards of section 48-370, residential design standards, the following standards are encouraged for all single-family dwellings:

(1)

Residential structures that have a ground floor elevation that is less than four feet above the required base flood elevation (BFE) should be piling supported. Ground floor enclosures of a piling supported residential structure should not exceed 300 square feet of enclosed storage.

(2)

Residential structures should not contain more than two habitable floors.

(3)

Residential structures are encouraged to achieve a minimum total of 100 points in accordance with the Nags Head Residential Design Manual. Fifty points of the required minimum is recommended with the utilization of covered porches to achieve the desired architecture of the district.

(4)

Roof pitch should not exceed 12/12.

(5)

The following siding materials are encouraged for vertical wall siding:

a.

Wood shingles. Wood material should be red cedar, white cedar, juniper, or pressure treated pine.

b.

Wood lap board.

c.

Vertical board and batten siding.

d.

T-111.

(6)

Height and the minimum side yard for large residential dwellings shall be regulated in accordance with subsection 48-370(d).

(Ord. No. 05-04-009, § I, 4-6-2005; Ord. No. 15-08-029 , Pt. XX, 8-19-2015; Ord. No. 16-02-005 , Pt. I, 2-3-2016)