Kitty Hawk Planning Board reviews permitted and special uses

Published 10:04 am Monday, July 25, 2022

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Kitty Hawk Planning Board members at their July 14 regular session meeting gave a stamp of approval to a reorganization of permitted and special uses in the BC-1, BC-2 and BC-3 zoning districts.

Town documents show that the BC-1 general beach commercial district was established to provide proper grouping and development of commercial facilities in Kitty Hawk Beach with low intensity commercial development. The BC-2 beach commercial district is for commercial development by medium size to large size land parcels with medium intensity. The BC-3 district was established to provide for the proper grouping and development of commercial facilities and to provide a means for protecting the public from dangerous arrangement of vehicle and pedestrian ways within shopping malls and shopping centers.

According to planning and inspections director Rob Testerman, most changes include moving several current special uses into other more appropriate districts along with a few definition revisions and additions.

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In addition to any specific standards or conditions required for any special use in one of the zoning districts, planning board and council must find that a proposed special use does not materially endanger public health or safety, no negative impact on the value of adjoining property and will be in harmony with the proposed area.

In addition to some list reorganization, section 42-194 covering prohibited uses in all districts was almost entirely re-written. While it was once common practice for a zoning regulation to say any use not listed as permitted is prohibited, courts have held that method is no longer valid.

Testerman said he patterned his list after one in another nearby town.

After brief review, the discussion that followed led to removal of jetpack rentals and nightclubs from the prohibited list. Jetpack rentals were deemed to be similar to renting a personal watercraft and nightclubs were not clearly defined enough to avoid including some restaurants.

As amended, the proposed text amendment was given a vote of approval and the meeting adjourned.

The next regular Kitty Hawk Planning Board meeting is Thursday, August 11.