§ 48-483. Buffer regulations.

(a)

General requirements. Any new use of land shall provide a buffer yard if required by this chapter in accordance with the following provisions:

(1)

Buffer yards are defined as at least five feet wide. The total number of plants required by the table below shall be doubled for every additional five feet of required buffer width.

(2)

The table below defines the required number of plants for each 100 feet of buffer yard length according to planting zone.

Number and Type of Required Plants for each 100 feet of Buffer Yard Length
Planting Zone	Trees	Shrubs	Ornamental Grasses/Herbaceous Plants
Beach		20	30
Highway or Soundside	3	15	30
*The total number of plants required by this table shall be doubled for every additional five feet of required buffer width.

 

(3)

Required species of plant material and appropriate planting zones are defined by the Town of Nags Head Vegetative Planting Guidelines, which can be obtained from the Town of Nags Head Planning and Development Department.

(4)

Ornamental grasses that will grow to a mature height of at least three feet may be substituted for required shrubs in the beach planting zone.

(5)

Except as otherwise specified herein, at a minimum, 50 percent of the number of plants shall be locally adapted, evergreen species. Trees shall be a minimum height of five feet and one inch in diameter measured at one-half foot above grade when planted and are expected to reach or exceed the specified height in the required time period. Shrubs shall be a minimum height of 1½ feet when planted and expected to reach or exceed the specified height in the required time period.

(6)

Except where necessary to provide a commercial transitional protective yard or opaque screen to separate different land uses, clustering and/or random spacing of plants and trees is encouraged to produce a natural appearance in the landscape.

(7)

Landscaping plans are encouraged to include a variety of species to promote overall diversity of plant materials within the town. Applicants may propose other non-invasive plant material not included in the Town of Nags Head Vegetative Planting Guidelines if it can be demonstrated that it is equal to or exceeds the plant material in the guidelines in terms of size, hardiness and overall quality.

(8)

Landscaping plans must include installation specifications and a maintenance plan to address long-term viability of proposed landscaping.

(9)

Properties that provide for drip irrigation of landscape materials or a landscape plan that consists entirely of native planting materials as specified in the Town of Nags Head Vegetative Planting Guidelines may reduce the overall number of required plantings by ten percent.

(b)

Commercial transitional protective yards.

(1)

Intent. This section requires commercial transitional protective yards to be provided and maintained when certain land uses in a commercial zoning district are adjacent to a residential zoning district (R-1, R-2, R-3, SPD 20, SED 80, and CR). This yard is necessary to protect uses in the residential zoning district from the traffic, noise, glare, trash, activity, vibration, odor, visual disorder, and other harmful or noxious effects likely to be emitted by or associated with a more intensive use in a commercial zoning district. Commercial transitional protective yard regulations are also required to prevent adverse community appearance, to protect the character of the town, to conserve building and land values, and to provide adequate light and air.

(2)

Application.

a.

Commercial transitional protective yards. Commercial transitional protective yards are required along any lot line, except along a street right-of-way line which abuts a residential district (R-1, R-2, R-3, SPD-20, SED-80, and CR) boundary line. Development in a commercial zoning district (C-1, C-2, C-3, and C-4) other than single-family and duplex structures which is adjacent to and abutting a residential district is required to provide a commercial transitional protective yard installed according to the following standards:

1.

High intensity uses as defined in subsection (b)(3) of this section shall provide a buffer in accordance with section 48-482(7), buffer yard G.

2.

All other uses shall provide a buffer in accordance with section 48-482(4), buffer yard D.

b.

Restrictions. Septic fields either active or repair, septic tanks and vehicular accessways and parking areas are not permitted in any required commercial transitional protective yard, and it is further provided that customary accessory buildings may be located in any rear or side yard no closer than the required buffer yard width plus five feet to any property line.

c.

Conflict with other regulations. Nothing in this section shall reduce the minimum requirements of any other buffer yard requirement in this chapter. Whenever two or more buffer yards are simultaneously applicable, the more stringent regulation shall control.

(3)

High impact uses. High impact uses are particular uses of land, which considered as a whole because of their peculiar or operational and physical characteristics are expected to have an adverse effect on adjoining or adjacent properties. High impact uses include, but are not limited to:

a.

Attended car wash.

b.

Automobile service stations and automobile repair garages.

c.

Banking institutions.

d.

Concrete processing facilities.

e.

Hospitals and heliports.

f.

Hotels and motels.

g.

Junkyards.

h.

Medical offices.

i.

Mini-storage facilities, (trade centers).

j.

Municipal public works facilities.

k.

Municipal parks, playgrounds and facilities.

l.

Nonprofit/outreach center with aquatic fitness facility.

m.

Nursing homes.

n.

Commercial outdoor recreation uses, including miniature golf courses, commercial swimming pools, tennis courts, sport-climbing walls, fishing piers, and boat rental establishments.

o.

Private clubs.

p.

Sexually oriented businesses.

q.

Restaurants, including drive-in, take-out and drive-through restaurants.

r.

Retail shopping centers.

s.

Retail stores greater than 10,000 square feet gross floor area.

t.

Trade centers.

u.

Veterinary clinics and kennels.

v.

Any accessory use serving the above, including parking; the permanent or temporary storage of vehicles associated with the use; the loading, unloading, or storage of merchandise or material; service areas or docks; or the storage or collection of refuse.

w.

Real estate rental management facility.

(Code 1990, § 22-403; Ord. No. 06-10-041, § I, 10-18-2006; Ord. No. 06-11-049, § V, 11-1-2006; Ord. No. 06-12-053, § IV, 12-6-2006; Ord. No. 16-02-004 , Pt. I, 2-3-2016; Ord. No. 18-02-002 , Pt. I, 2-7-2018)