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 Nags Head
 Code of Ordinances
 Chapter 48. ZONING
 Article XIII. BUFFERING REQUIREMENTS

  § 48-482. Application of article provisions.  

Latest version.

  • Unless otherwise provided in section 48-487, the following buffer yard provisions shall apply when required for specific uses by this chapter:

    (1)

    Buffer yard A: The minimum accepted methods of buffering include:

    a.

    A vegetative buffer yard of a minimum width of ten feet and a minimum height of five feet when installed;

    b.

    Sand or earth berming that will not exceed a slope of three to one to a height of five feet and which must be stabilized with American beach grass or other appropriate cover; or

    c.

    A combination of the above, designed to be a minimum height of five feet when installed.

    (2)

    Buffer yard B: A 50-foot-wide grassed open space.

    (3)

    Buffer yard C: A vegetative buffer yard that is no less than five feet in width and a minimum height of five feet when installed. For lots adjacent to US 158 and U.S. 64/264, with existing dune elevations or berms of more than five feet in height from street grade, low growing shrubs or groundcover such as dwarf yaupon holly, shore juniper, Indian hawthorne and false indigo, which need not exceed three feet in height at maturity, may be utilized to meet buffering requirements in addition to the dune or berm elevation.

    (4)

    Buffer yard D: A vegetative buffer yard that is no less than ten feet in width and has a minimum height of five feet when installed.

    (5)

    Buffer yard E: If the provisions of this buffer are in conflict with other provisions in this article, the following requirements shall apply:

    a.

    For lots adjacent to US 158 and U.S. 64/264, the first 15 feet of lot depth adjacent to the right-of-way shall be left undisturbed and in its natural state. This subsection shall not preclude the construction of any required driveway, underground placement of utilities, nor the placement of a sign.

    b.

    A vegetative buffer shall be provided immediately adjacent to the undisturbed area described in subsection (5)a of this section. The buffer shall be a minimum width of ten feet with two rows of planting material placed on centers as described in subsection 48-483(a)(3) that are a minimum height of five feet when installed that are expected to achieve a height of eight feet within three years. The use of sand or earth berms is encouraged, in which case the berm slope shall not exceed three to one. The minimum acceptable methods for buffering all other boundaries of the site shall include:

    1.

    A vegetative buffer of a minimum width of ten feet with two rows of planting material placed on centers as described in subsection 48-483(a)(3) that are a minimum height of five feet when installed;

    2.

    Sand or earth berms that will not exceed a slope of three to one to a height of five feet, stabilized with grasses and shrubs appropriate to the site; or

    3.

    A combination of the above designed to be a minimum height of five feet when installed. The selected materials for buffering must be approved by the zoning administrator prior to the issuance of a building permit.

    (6)

    Buffer yard F: No buffer is required if the lot abuts estuarine waters, provided that at least 50 percent of the land area within contiguous and/or adjacent 404 wetlands as defined by the Corps of Engineers or 50 percent of the land area waterward of the CAMA line, whichever land area is greater, is left in its natural condition. If the above conditions do not apply, or cannot be met, the rear yard shall be buffered in accordance with subsection (4) of this section, buffer yard D.

    (7)

    Buffer yard G: A vegetative buffer yard that is no less than 25 feet in width that is bermed or planted to a minimum height of five feet and that will reach a height of ten feet within five years. There shall be a minimum of three rows of plants that shall be placed ten feet on centers and 80 percent of which must be locally adapted live evergreen species, or the equivalent of these standards that incorporate existing vegetation and topography or other landscaping architecture designs that demonstrate compliance with these standards. The number of forbs shall not exceed five percent of the total number of plants.

    (8)

    Buffer yard H: A vegetative buffer yard that is no less than five feet in width and will be a height of five feet when installed around the perimeter of the active sewage treatment area. The vegetation shall be installed and maintained in accordance with section 48-483 and section 48-486. When the application of a portion of a vegetative buffer yard is not practical due to proximity to a drive aisle, building, or other similar structure, a fence or wall shall be installed only in those areas where the application of a vegetative buffer is not practical.

    (9)

    A vegetative buffer yard that is no less than 50 feet in width that is bermed or planted to a minimum height of five feet and that will reach a height of ten feet within five years. There shall be a minimum of six rows of plants that shall be placed on ten-foot centers and 80 percent of which must be locally adaptive live evergreen species, or the equivalent of these standards that incorporate existing vegetation and topography or other landscaping architecture designs that demonstrate compliance with these standards. The number of forbs shall not exceed five percent of the total number of plants.

(Code 1990, § 22-402; Ord. No. 05-08-033, §§ I—III, 8-3-2005; Ord. No. 06-10-041, § I, 10-18-2006; Ord. No. 09-01-003, § I, 1-7-2009; Ord. No. 11-06-021, Pt. I, 6-1-2011)