§ 48-867. Multifamily district.

(a)

Intent. These multifamily districts are intended to serve the multifamily development needs of this community. Multifamily districts may include: townhouses which are single-family units attached in a row or back-to-back, as well as side-to-side, and sharing common walls with a maximum of eight units to a structure, or condominiums which are stacked units, one unit on top of another with common central entrances. These may be in the form of low-rise, mid-rise or garden apartments. All dwelling units in the multifamily district shall meet or exceed the fire code requirements for multifamily dwellings in the state as specified by the town standards.

(b)

Permitted uses. Permitted uses in the multifamily district are as follows:

(1)

Single-family detached home.

(2)

Duplex.

(3)

Multifamily unit.

(4)

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

(5)

Large residential dwellings as defined under section 48-2.

(c)

Conditional uses. The following uses are permitted in the multifamily district, subject to the requirements of this district and additional regulations and requirements imposed by the board of commissioners as provided in article XIV of this chapter: Telephone switching station and electric substation, provided that the following conditions are met:

(1)

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.

(2)

No open storage is allowed.

(3)

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

(4)

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.

a.

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.

(d)

General development standards. General development standards in the multifamily district are as follows:

(1)

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

(2)

Landscaping: Landscape plans are required to be submitted to the town as part of the site plan approval process.

(3)

All multifamily structure(s) 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 established requirements set out in the insurance service office standards. The fire flow test shall be made prior to the issuance of a building permit.

(e)

Multifamily one (MF #1) district standards. Multifamily one (MF #1) district standards in the multifamily district are as follows:

(1)

Maximum density: 12 units per acre.

(2)

Coverage:

Maximum Building	Maximum Parking	Minimum Open Space	Minimum Common Area
50 percent	20 percent	10 percent	20 percent

 

(3)

Minimum building setback requirements, unless otherwise specified in section 48-841:

Fronting on:	Front Yard	Side Yard	Rear Yard
Public right-of-way	20 feet	10 feet for each story with a maximum of 25 feet required	20 feet

 

Side yard setbacks for developments taller than two stories between South Virginia Dare Trail and the Atlantic Ocean shall follow the "visual window" concept as prescribed in subsection 48-864(e)(11).

(4)

Building cluster separation: There shall be a minimum ten feet building separation for each 12 feet of building height or portion thereof with a maximum required separation of 25 feet.

(5)

Maximum height: 36 feet.

(f)

Multifamily two (MF #2) district standards. Multifamily two (MF #2) district standards in the multifamily district are as follows:

(1)

Maximum density: 18 units per acre.

(2)

Coverage:

Maximum Building	Maximum Parking	Minimum Open Space	Minimum Common Area
50 percent (Low-rise)	N/A	20 percent	N/A

 

(3)

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	10 feet	20 feet

 

Side yard setbacks for developments taller than two stories between South Virginia Dare Trail and the Atlantic Ocean shall follow the "visual window" concept as prescribed in subsection 48-864(e)(11).

(4)

Rear yard: 20 feet. The rear yard may be reduced to 15 feet if adjacent to dedicated open space.

(5)

Building cluster separation: There shall be a minimum ten feet building separation for each 12 feet of building height or portion thereof.

(6)

Maximum height: 45 feet.

(Code 1990, § 22-837; Ord. No. 03-08-040, § 25, 8-20-2003; Ord. No. 10-03-009, Pt. X, 3-17-2010; Ord. No. 11-11-041, Pt. XII, 11-2-2011; Ord. No. 15-03-009 , Pt. V, 3-4-2015)