Update, March 16, 2023
At their March 15, 2023 meeting, Nags Head's Board of Commissioners unanimously voted to adopt several text amendments to the Town's Code of Ordinances and the Unified Development Ordinance.
Text Amendments to the Unified Development Ordinance:
- Various text amendments to the Unified Development Ordinance establishing a new zoning district, the C-5, Historic Character Commercial District including the creation of intent narrative outlining the district’s purpose.
- Amendments to Section 6.6, Table of Uses and Activities, proposing the uses to be allowed within the C-5 District.
- Amendments to Section 8.2, Development Standards to establish dimensional requirements for the C-5 District. Note that lot coverage allowances for the C-5 District are proposed under Section 184.108.40.206.
- Amendments to Section 8.3, Special Development Standards to outline special commercial building design criteria for both new and existing commercial structures within the C-5 District.
- Amendments to Section 10.24, related to signage allowances within the C-5 District, Section 10.82 related to the applicability of commercial design standards, Section 7.23 related to setbacks from sexually oriented businesses, Section 7.45 related to lot coverage for religious complexes, Section 7.78 related to wall and fence height.
- Amendments to Appendix A, Definitions to include reference to the C-5 District within the definition for “Commercial Transitional Protective Yard” and to propose definitions for the uses, “Convenience Store”, “Fueling Station” and “Grocery Store”.
Text amendments to the Town Code:
- Amendment to Section 12-143, Licensing of sexually oriented businesses to include reference to the C5 District.
- Amendment to Section 16-73, Maximum permitted sound levels by zoning district to include reference to the C-5 District.
Nags Head's Planning Board will consider a related zoning map at their March 21, 2023 meeting. They will then send their recommendations to the Board of Commissioners and a public hearing will be held at their May 3, 2023 meeting.
View the March 16, 2023 Meeting (Under the video description you will find quick links to each agenda item, including the rezoning information.)
Memo Explaining the Amendments
Update, March 10, 2023
Back-up materials for the discussion regarding the Historic Character Area zoning changes that will take place at the Board of Commissioners meeting on Wednesday, March 15, 2023, at 9 am, are available on our web site. You can find them under E., Old Business/Items Tabled From Previous Meetings on the March 15, 2023 meeting agenda. Also included is an updated staff report with summary information.
Update, March 3, 2023
At their March 1, 2023 meeting, Nags Head’s Board of Commissioners held a public hearing to consider Town Code, Unified Development Ordinance, and Zoning Map amendment changes pertaining to the Historic Character Area.
Staff and the Nags Head Planning Board recommended adoption of several text amendments to the Town’s Unified Development Ordinance to create the C-5, Historic Character Commercial Zoning District, including amendments to the table of uses and activities, dimensional standards, and special commercial building design criteria. They also recommended adoption of a zoning map amendment to rezone the moratorium area to a combination of R-3, High Density Residential Zoning District and the C-5, Historic character Commercial Zoning District. Finally, the recommended adoption of a zoning map amendment to include properties on the east side of Memorial Avenue from Bainbridge Street south to Hollowell Street from C-2 to R-3.
Since the drafting of the original recommendations, Town staff presented additional recommended revisions to the proposed historic character commercial text and map amendment.
The Board, tabling any actions on any of the proposed amendments until their March 15, 2023 meeting, asked Planning staff to bring back text amendment changes in ordinance form at that meeting.
The Board of Commissioners asked the Planning Board to revisit their recommendations concerning a zoning map of the proposed changes. The Planning Board, which will meet March 21, 2023, will first have to discuss, and make recommendations, regarding changes to the map. After that, the Board of Commissioners will consider the Planning Board’s recommendations at a future public hearing, which will likely be held in April 2023.
Historic Character Area Zoning Changes Video - March 1, 2023 Board of Commissioners Meeting
On March 1, 2023, Nags Head's Board of Commissioners will hold a public hearing to consider revisions to the Town's Unified Development Ordinance and a Zoning Map amendment pertaining to the Historic Character Area and the October 19, 2023 moratorium.
The Town is proposing to change the zoning classification for properties between US 158/South Croatan Highway and NC12/South Virginia Dare Trail from Hollowell Street south to Danube Street. This proposal also includes properties on the east side of Memorial Avenue from Bainbridge Street south to Hollowell Street. These zoning changes would create consistency with existing land uses and would be compatible with the current intensity of development in this area. The changes recommend that:
- some properties in the C-2, General Commercial district be rezoned to R-3, High Density Residential
- other properties be rezoned from C-2, General Commercial, to a new zoning district, C-5, Historic Character Commercial.
Watch the Wednesday, March 1, 2023 Board of Commissioners meeting live at YouTube.com/TownofNagsHead beginning at 9 am. A recording will also be available at that link.
Proposed Zoning Map