Thursday, May 10, 2007

Legislative Briefings - April 25, 2007


The Duck Town Council will conduct a second reading on Ordinance 07-05, an ordinance amending the zoning ordinance regarding tree and vegetation preservation and planting at their meeting Wednesday evening. The Council held a public hearing in April and voted 3 to 1 to approve the ordinance. Since a 4/5 majority vote was needed and Mayor Morrison was absent, Council must hold a second reading for it to be adopted.
The ordinance requires tree removal permits for trees over 24” in diameter and submission of vegetation management plans for any new residential or commercial construction or additions to existing footprints. The ordinance requires 15% vegetative lot coverage after the footprint on residential lots and 10% coverage for commercial lots.
You can view the ordinance at:

The Board will also be considering an ordinance that would prohibit parking of vehicles in certain places within the Town, notably near the Sunset Grille where parking of vehicles on Duck Rd. presents a safety hazard.

Nags Head

Apr. 25 – The Board of Commissioners took the following action last week after public hearings were held on the following:
Ø Unanimously approved a zoning ordinance text amendment to list new use of Auction House as permitted use in the C-2, General Commercial Zoning District and amend all other pertinent sections of zoning ordinance. The proposed auction house will be located at 4411 S. Croatan Hwy.
Ø Unanimously approved a zoning ordinance text amendment to Town Code Section 48-165, Parking Reduction Requirements that allows for shared parking with lots less than 100 parking spaces.
Ø Tie vote of 2-2 on a zoning ordinance text amendment to Town Code Section 48-91, Habitable Floors which would have exempted the floor of a coastal watch tower from the 27-foot habitable floor height limitation.
Unanimously approved a zoning ordinance text amendment to Town Code Section 48-81, Exclusions from Height Limitations. This ordinance excludes coastal watch towers form the 35-foot height restriction for structures with less than an 8/12 roof pitch and allows those towers to be a maximum of 42 feet in height.

In addition to discussing the special election results form April 17th, the Board of Commissioners will hold two public hearings at their meeting this Wednesday:
Ø Consideration of zoning text amendment to Town Code Sections 48-7, Definitions, Section 48-407, C-2 General Commercial District Requirements and Section 48-526, Vested Rights.
Ø Consideration of zoning ordinances text amendments to Town Code Section 48-80 (C) - Walls and Fences.

Kill Devil Hills

Apr. 25 – The Board of Commissioners scheduled a public hearing for May 23rd at 7 pm on a proposed zoning amendment that would add workforce housing as a conditional use in the Light Industrial 2 zone. One particular section of the ordinance relating to enforcement procedures was no recommended by the Planning Board because it was intended to follow the Outer Banks Community Development Corporation’s model. Since the CDC has not finalized their enforcement procedures, town attorney Bobby Outten told the Board that he will draft the enforcement procedures and forward to the Board for review in time to be advertised for the public hearing.

Attorneys will be representing the Town in its appearance before the North Carolina Utilities Commission tomorrow May 2, 2007 at 9:30 a.m. in Raleigh. Dominion North Carolina Power would like to install overhead transmission lines along the bypass which are not currently allowed by town code. The Utilities Commission will be hearing Dominion NC Power’s Application for Certificate of Environmental Compatibility and Public Convenience, Complaints Requesting Relief Under North Carolina General Statutes and Petition for Order Approving Manner of Charging to Customers in the Town of Kill Devil Hills Costs Attributable to Underground Installation of Electric Lines.
The attorneys would like to know if anyone is interested in attending the hearing in support of the Town and/or if anyone would like to make a statement about the beauty of the area being affected by the proposed overhead transmission lines. Please contact Jennifer Allen Morgan of Williams Mullen Maupin Taylor, by phone to 919.981.4051, by fax to 919.981.4300, or by e-mail to

Roanoke Island – LID Workshop

A low impact development workshop will be held at the NC Aquarium this Thursday, May 3rd. Low Impact Development (LID) is a land development approach that uses various planning and design practices and technologies to protect natural resources and minimize the cost associated with infrastructure. LID does not inhibit growth but instead encourages a comprehensive environmentally-friendly planning and implementation process. LID's goal is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to its source. LID can be applied to new development, urban retrofits, redevelopment, and revitalization projects. This workshop will provide an overview of the elements of LID design and implementation. It will include an overview of each practice as well as a case study of how LID has been implemented. A field tour is included as part of the workshop to visit the sites of several LID practices in the area.
For more information and to register go to:
The agenda for the workshop is as follows:
8:30 a.m. -Registration and Welcome
Introduction to Stormwater
Water Harvesting
Integrating Vegetation into LID
Permeable Pavement
LID Application
LID Case Study
LID Tour Overview
12:15 p.m. - Lunch on your own1:30 p.m. - Meet at First Tour StopTour Stops:
Roanoke Aquarium Rain Garden
Roanoke Aquarium Water Harvesting System
Permeable Pavement

Property Management Committee

The next Property Management Committee Meeting will be held on Tuesday, May 8, 2007 at 9:00 a.m. at OBAR (Killgore Training Center). Jeff Graham from the Beach Book; Ron Chamberlain, OBX Free Wi-Fi Director of Sales; and Jeff Gegan, Mega Sat Communications Consultant will present information on new technology that will provide free wireless internet access from Corolla to Nags Head in the near future - at no cost to property owners!

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