§ 48-866. Attached single-family district.

(a)

Intent. These attached single-family districts are intended for development of single-family and duplex dwelling units. Elements common to these districts include smaller lots with flexible common areas and association maintenance of some jointly held land being possible. Duplex homes have the legal option of marketing each unit separately.

(b)

Permitted uses. Permitted uses in the attached single-family district are as follows:

(1)

Single-family detached home.

(2)

Duplex.

(3)

Customary accessory uses and structures including roof top wind energy facilities and vertical axis wind energy facilities.

(4)

Large residential dwellings as defined under section 48-2.

(c)

Conditional uses. The following uses are permitted in the attached single-family district, subject to the requirements of this attached single-family district and additional regulations and requirements imposed by the board of commissioners as provided in article XIV of this chapter:

(1)

Telephone switching stations and electric substations, provided the following conditions are met:

a.

The utility structure shall meet the development standards of the district in which it is located, including but not limited to setbacks, open space requirements, height and buffer requirements.

b.

No open storage is allowed.

c.

All utility structures requiring a building permit shall be architecturally designed to conform to the district in which they are located.

d.

All utility structures shall be visually buffered from all adjacent properties and rights-of-way in accordance with subsection 48-482(1), buffer yard A.

e.

Should the use for which the structure was allowed be discontinued, then the property upon which the structure is located shall be subject to the allowed uses and all development standards of that district.

(2)

Hospitals, provided that the following conditions are met:

a.

The minimum land area for a hospital shall be ten acres.

b.

The minimum frontage along US 158 (South Croatan Highway) shall be 500 feet.

c.

The maximum number of beds shall be 50.

d.

The hospital building or any accessory building shall not be located in any special flood hazard areas inundated by the 100-year flood.

e.

No portion of the building shall be farther than 250 feet or closer than 50 feet to a fire hydrant.

f.

Fire hydrants shall be protected from traffic in accordance with section 20-1 and shall be marked with strips on the pavement within the protected area.

g.

The hospital shall be sprinkler protected in accordance with section 20-121 et seq. A fire flow test of the water supply for the sprinkler system serving or intended to serve the structures shall be conducted at the developer's expense by the town fire department or by an independent testing firm. If the test is conducted by an independent testing firm, it shall be made under the direct supervision of the town fire chief or his designee. A fee, in accordance with the most recently adopted consolidated fee schedule, shall be paid by the developer. If the flow is found to be deficient according to the insurance service office standards applicable to the town, the developer shall bring the fire flow up to the requirements set out in the insurance service office standards. The fire flow test shall be made prior to the issuance of a building permit.

h.

A 26-foot wide paved vehicular access along all four sides of the principal structure shall be provided, suitable for aerial operations, firefighting, and rescue equipment. The edge of the paved access nearer the structure shall be no closer than 15 feet nor farther than 30 feet from the sides of the structure. Fire apparatus access drive-aisles shall be marked with permanent "NO PARKING-FIRE LANE" signs. All access drive-aisles shall meet the town turn radius standards, as determined by the town engineer.

i.

Hospitals shall have an on-site heliport as an accessory use provided that the following conditions are met:

1.

Submission of a conditional use application with the town planning and development department in addition to the following materials:

i.

A site plan prepared in accordance with the applicable section provisions of section 48-525 including a map showing the locations, height and first floor elevations or foundation elevations above mean sea level of all structures, utility and street rights-of-way, existing power lines, towers, undeveloped residential lots, and other similar uses within the approach and protection area or within 500 feet of the center of the helicopter landing pad, whichever is the greater distance. The names and addresses of all property owners within this area shall be provided by the applicant.

ii.

Proposed heliport lighting plan demonstrating the technology and technique for retaining light on the site and prevention of light or light glare from affecting traffic using streets and highways in the area. Lighting of the helipad or final approach and takeoff areas shall comply with FAA regulations but shall be ground-level based using cutoff or restrictive features to minimize overspill of light from the activity area itself.

iii.

Proposed approach and departing flight paths shall be shown on the site plan.

iv.

The use of sound buffers, proper facility siting, separation distances or other natural or manmade barriers as identified in FAA Heliport Design Advisory Circular 150/5390 2, Aviation Noise Effects, FAA-EE-85-2; Noise Control and Compatibility Planning for Airports, FAA AC 150/5020-1; and Airport Noise Compatibility Planning 14 CFR Part 150 Revised January 18, 1985, or the most recent design advisory circular shall be made a part of the hospital approval process.

2.

The heliport shall be ground based only. No roof top facility shall be permitted.

3.

The heliport shall comply with the latest edition of the FAA regulations in its design, size and use.

4.

The hospital conditional use application shall not be considered for town approval until the town has received either tentative or final approval from the FAA, and all other required federal, state and local approvals.

5.

No fixed based operations or refueling facilities shall be permitted on the hospital heliport site.

6.

The helipad shall be situated in such a manner as to minimize the impact on adjacent residential land uses.

7.

Heliport setbacks shall be:

i.

From US 158 (South Croatan Highway) right-of-way: 200 feet.

ii.

From any residential lot line: 300 feet.

iii.

From any commercial lot line: minimum 70 feet.

j.

A buffer yard as contained in subsection 48-482(7) shall be placed between the hospital building, including any accessory uses, and any adjacent residential development, open space, or town street. A buffering plan shall be submitted with the conditional use application.

k.

Hospital building setbacks shall be:

1.

From US 158 right-of-way: 40 feet.

2.

From any residential use: 100 feet.

3.

From any commercial use: 50 feet.

l.

The maximum building height shall be 45 feet.

m.

There shall be no outdoor storage of any materials.

n.

Hospitals may have signage in accordance with article VIII of this chapter.

o.

Access for emergency and service vehicles shall be from US 158 only.

p.

There shall be no disposal or incineration of any toxic wastes either on-site or in the sewage treatment plant that serves the site.

q.

An evacuation plan/critical facilities plan shall be developed by the applicant and accepted by the board of commissioners prior to the issuance of the certificate of occupancy, and shall be consistent with town, community rating system (CRS), and state and local emergency management plans.

r.

Hospitals may have detached medical offices as an accessory use on-site, provided the following conditions are met:

1.

The building setbacks shall be:

i.

From the US 158 right-of-way: 40 feet

ii.

From any residential use: 50 feet

iii.

From any commercial use: 50 feet

2.

The maximum building height shall be 35 feet.

(d)

General development standards. General development standards in the attached single-family district are as follows:

(1)

Coverage:

Maximum Building	Maximum Parking	Minimum Open Space	Minimum Common Area
60 percent	15 percent	20 percent	10 percent

 

(2)

Minimum building separation: A minimum of ten feet for single-family detached homes and duplexes, with no encroachments such as chimneys, decks, etc.

(3)

Buffers: A minimum 25-foot buffer shall be placed between any residential district in the Village at Nags Head and any outside residential development.

(4)

Maximum building height shall be 35 feet. However, the height of a structure meeting the minimum roof pitch requirements of subsection 48-370(d) shall be allowed a maximum total height of 42 feet.

(5)

Parking: Shall be provided in accordance with town Code section 48-167.

(6)

Vehicle access: For residential developments access shall be in accordance with the Village at Nags Head Master Plan; however, hospitals as a conditional use shall have one access point directly from US 158 (South Croatan Highway), the location of which shall be approved by the board of commissioners.

(e)

Single-family four (SF #4) district standards. Single-family four (SF #4) district standards in the attached single-family district are as follows:

(1)

Maximum density: twelve dwelling units per acre.

(2)

Minimum building front yard and side yard setback requirements (unless otherwise specified in section 48-841):

Fronting On:	Front Yard	Side Yard
Public right-of-way	15 feet	Minimum separation between buildings 10 feet

 

(3)

Minimum rear yard: 30 feet to existing residential outside the Village at Nags Head, plus a 25-foot natural or landscaped buffer. Only a minimum 15-foot rear yard is required when adjacent to interior open space area.

(4)

Minimum lot size: 2,400 square feet.

(f)

Single-family five (SF #5) district standards. Single-family five (SF #5) district standards in the attached single-family district are as follows:

(1)

Maximum density: three dwelling units per acre.

(2)

Minimum building front yard and side yard setback requirements (unless otherwise specified in section 48-841):

Fronting On:	Front Yard	Side Yard
Public right-of-way	15 feet	Minimum separation between buildings 10 feet

 

(3)

Minimum rear yard: 30 feet to existing residential outside the Village at Nags Head, plus a 25-foot natural or landscaped buffer. Only a minimum 15-foot rear yard is required when adjacent to interior open space area.

(4)

Minimum lot size: 2,400 square feet.

(Code 1990, § 22-836; Ord. No. 03-08-040, §§ 24, 41, 8-20-2003; Ord. No. 03-10-046, § 10, 10-1-2003; Ord. No. 08-02-008, § XIII, 2-6-2008; Ord. No. 10-03-009, Pt. IX, 3-17-2010; Ord. No. 11-10-039, Pt. I, 10-5-2011; Ord. No. 11-11-041, Pt. XI, 11-2-2011; Ord. No. 15-03-009 , Pt. V, 3-4-2015; Ord. No. 16-11-027 , Pt. I, 11-2-2016)