§ 48-868. Townhouse I district.

(a)

Intent. It is the intent of the townhouse I district to specify the standards for townhouse, multifamily, duplex and single-family dwellings that would utilize the flexibility of the planned unit development concept to promote safety, efficiency, convenience and amenities in the best use of the land.

(b)

Permitted uses. Permitted uses in the townhouse I district are as follows:

(1)

Townhouse.

(2)

Single-family and duplex dwelling.

(3)

Multifamily dwelling, provided that no structure contains more than eight multifamily dwellings.

(4)

Accessory structures for normal accessory uses and amenities including, but not limited to, security and management offices, swimming pools, tennis courts and roof top wind energy facilities and vertical axis wind energy facilities.

(5)

Large residential dwellings as defined under section 48-2.

(c)

Development standards. Development standards in the townhouse I district are as follows:

(1)

Minimum setbacks from:

	Wood Frame Construction (When Permitted)	Masonry Construction
Virginia Dare Trail	45 feet	45 feet
Other streets	30 feet	30 feet
Atlantic Ocean	CAMA minimum of 150 feet from MHW, whichever is greater
Property line abutting land zoned open space, setbacks not required from open space along ocean or sound	25 feet	25 feet
Property line abutting another zoning district	25 feet	25 feet
Property line abutting land dedicated in town for beach access	25 feet	25 feet
Property line separating single-family or duplex structure	12 feet	12 feet

 

If two or more setbacks overlap, such as setbacks from US 158 and from a property line, the more stringent shall apply.

(2)

Minimum separation between structures:

a.

Wood frame construction (when permitted), 24 feet.

b.

Masonry construction, 22 feet.

(3)

Maximum height of structures: 35 feet; may exceed the 35-foot height limit by one foot for each two feet added to the setbacks on each of the four sides; may not exceed 50 feet in height with use of increased setbacks.

(4)

Maximum lot coverage, drainage and open space:

a.

Areas within 75 feet of estuarine water shall not be more than 30 percent covered with impermeable surface.

b.

Remaining areas: Runoff must be retained entirely on-site, or handled with a combination of on-site features and retention areas in abutting land zoned open space, or channeled into an existing off-site drainage system. The drainage plan shall be certified as adequate to handle the development's runoff in a ten-year storm by a licensed engineer and approved by the town.

(5)

Minimum parking requirements: shall be provided in accordance with town Code section 48-167.

(6)

Number of accessways: one accessway per 300 feet of frontage along NC Highway 12 (South Virginia Dare Trail) is allowed.

(7)

Minimum lot area: a lot shall be of sufficient area to meet the dimensional requirements of this chapter and other applicable state and local ordinances.

(8)

Minimum lot width: 60 feet.

(9)

The structures 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.

(10)

Maximum number of dwelling units per structure:

a.

For townhouses: eight dwelling units per structure.

b.

For multifamily: eight dwelling units per structure.

(d)

Design options. Points may be acquired by incorporating one or more of the following design options in the townhouse I district. The points may in turn be used to acquire reductions in dimensional requirements as explained in subsection (e) of this section. The design options and the points awarded with each are as follows:

(1)

Grant a perpetual easement at least six feet in width to facilitate public pedestrian access to the ocean. The easements shall be clearly marked with a sign and easily identifiable. The easements shall be unencumbered by any part of the development and shall be easily traversable, incorporating walkways to cross dunes. The easements shall provide direct pedestrian access from NC Highway 12 (South Virginia Dare Trail) to the ocean beach (25 design points).

(2)

Provide a ten-foot wide vegetative buffer strip along the property line that abuts a zoning district of a different land use or intensity. The vegetation shall meet a minimum height of ten feet within five years (15 design points).

(3)

Align entrances/exits from NC Highway 12 (South Virginia Dare Trail) with existing entrances/exits across the highways (15 design points).

(e)

Benefits from design options. Design points accumulated by incorporating design options specified in subsection (d) of this section may be used to obtain benefits as listed in this subsection (e). No single benefit can be obtained more than once for the same development. For example, a five-foot reduction in a setback from a street may not be obtained twice on the same development to reduce the setback by ten feet.

(1)

Reductions in setbacks itemized by each of the following subsections may be realized for ten design points:

Fronting on:	Wood Frame Construction (When Permitted)	Masonry Construction
Virginia Dare Trail	5 feet reduction (from 45 to 40)	5 feet reduction (from 45 to 40)
Other streets	5 feet reduction (from 30 to 25)	5 feet reduction (from 30 to 25)
Property line abutting land zoned open space	15 feet reduction (from 25 to 10)	15 feet reduction (from 25 to 10)
Property line abutting another zoning district	5 feet reduction (from 25 to 20)	10 feet reduction (from 25 to 20)
Property line abutting land dedicated in town for beach access	10 feet reduction (from 25 to 15)	15 feet reduction (from 25 to 10)

 

(2)

A reduction in the following separation required between structures may be realized for ten design points: Masonry construction: four-foot reduction (from 22 to 18 feet).

(3)

The following reduction in the number of parking spaces required per dwelling unit may be realized for ten design points: The parking requirement is reduced from 2½ spaces per dwelling unit to two per dwelling unit.

(Code 1990, § 22-838; Ord. No. 03-08-040, § 26, 8-20-2003; Ord. No. 03-10-046, § 11, 10-1-2003; Ord. No. 10-03-009, Pt. XI, 3-17-2010; Ord. No. 11-11-041, Pt. XIII, 11-2-2011; Ord. No. 15-03-009 , Pt. V, 3-4-2015)