Agenda Item Summary Sheet
Item No: 5
Meeting Date: March 17, 2010
Item Title:
Public Hearing to consider zoning ordinance text amendment, Town Code Chapter 48,
Zoning to permit roof top wind energy facilities as accessory uses in residential zoning
districts
Item Summary: The proposed zoning ordinance text amendment would permit roof top wind
energy facilities as accessory uses in all residential zoning districts. The amendment would also
amend the definition of this use to allow such facilities to be located on accessory structures.
Planning Board recommendation to be presented at meeting.
Number of Attachments: 2
Specific Action Requested:
Public Hearing on zoning text amendment.
Submitted By:
Planning & Development
Finance Officer Comment:
Date: March 8, 2010
Insufficient information to determine precise fiscal impact.
Signature: Kim Kenny
Town Attorney Comment:
Date: March 9, 2010
If adopted, the ordinance will achieve its intended goal or purpose.
Signature: John Leidy
Town Manager Comment:
Date: March 9, 2010
I concur with the proposed ordinance.
Signature: Cliff Ogburn
Date: March 9, 2010
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Town of Nags Head
Planning and Development
Department
Post Office Box 99
Nags Head, North Carolina 27959
www.townofnagshead.net
Telephone 252-441-7016
FAX 252-441-4290
MEMORANDUM
TO:
Board of Commissioners
Planning Board
FROM: Planning & Development Director
DATE: March 8, 2010
RE:
Public Hearing to consider zoning ordinance text amendment, Town Code
Chapter 48, Zoning to permit roof top wind energy facilities as accessory uses
in residential zoning districts
The attached zoning ordinance text amendment concerning roof top wind energy
facilities was initiated by action of the Nags Head Board of Commissioners on March 3,
2010 based upon discussions occurring at the Board’s February 12, 2010 Retreat. The
zoning ordinance was originally amended by the Board of Commissioners on October
7, 2009 to allow roof top wind energy facilities as an accessory permitted use in the C2 General Commercial District, as well to allow small wind energy facilities as an
accessory conditional use in the Hotel Overlay District. The ordinance under current
consideration is to expand the permitting of roof top wind energy facilities as an
accessory use to all residential zoning districts (those permitting single-family dwelling
use). In addition to the C-2 District where this accessory use is already permitted, the
additional zoning districts where it is proposed for permitting include the R-1, R-2, R-3,
CR, SPD-20, and SED-80 Districts and additionally included the Detached SingleFamily, Attached Single-Family, Multifamily, and Townhouse Districts within the SPD-C
Village at Nags Head District.
The proposed ordinance would also amend the definition of this use to specifically
provide that such facilities, in addition to be being attached to existing principal
structures, could also be located on or stand alone as accessory structures. The
amended definition also provides language informing that the installation of such
facilities must also comply with any other applicable local, state and/or federal
regulations and permitting requirements.
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The Board has broad discretionary authority in deciding what uses may be allowed,
where they may be allowed, and how. The proposed ordinance, if adopted, would
accomplish the Board’s identified purpose of allowing roof top wind energy facilities in
all residential areas.
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AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE TOWN OF NAGS HEAD, NORTH CAROLINA
BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North
Carolina, that the Code of Ordinances shall be amended as follows:
PART I.
That Section 48-7, Definitions, Wind energy facility, roof top be
amended as follows:
Wind energy facility, roof top no more than two roof-mounted systems
per site, attached to either principal or accessory structures, designed to
supplement other electricity sources as an accessory use to existing
principle buildings or facilities, wherein the power generated is used
primarily for onsite consumption having a total rated capacity of 10 kW or
less. The structural, mechanical, and electrical installation of such
facilities shall conform to all applicable local, state and federal code and
permitting requirements.
PART II.
That Section 48-402(b)(4), Permitted Uses, R-1 Low-density
Residential District be amended as follows:
(4)
Customary accessory uses and structures, including private
swimming pools, private docks, minor communication towers, dish
antennas, roof top wind energy facilities and home occupations.
PART III.
That Section 48-403 (b)(5), Permitted Uses, R-2 Medium-density
Residential District be amended as follows:
(5)
Customary accessory uses and structures, including private
swimming pools, private docks, minor communication towers, dish
antennas, roof top wind energy facilities and home occupations.
PART IV.
That Section 48-404(b)(5), Permitted Uses, R-3 High-density
Residential District be amended as follows:
(5)
Customary accessory uses and structures, including private
swimming pools, private docks, minor communication towers, dish
antennas, roof top wind energy facilities and home occupations.
PART V.
That Section 48-405(b)(4) Permitted Uses, CR Commercial
Residential District be amended as follows:
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(4)
Customary accessory uses and structures, including private
swimming pools, minor communication towers, dish antennas, roof top
wind energy facilities and home occupations.
PART VI.
That Section 48-441(b)(7) Permitted Uses, SPD-20 Special
Planned Development District be amended as follows:
(7)
Customary accessory uses and structures, including private
swimming pools, private docks, minor communication towers, dish
antennas, roof top wind energy facilities and home occupations.
PART VII.
That Section 48-442(d)(8) Permitted Uses, SED-80 Special
Environmental District be amended as follows:
(8)
Accessory uses and structures limited to private swimming pool,
private tennis court, detached garage, storage building, roof top wind
energy facilities and private dock. Any accessory use or structure shall
meet the front, rear and side setbacks required for principal structures,
except for water-dependent structures, which may be excluded from
water-side setback only.
PART VIII.
That Section 48-865(b)(2) Permitted Uses, SPD-C Village
Detached Single-family District be amended as follows:
Customary accessory uses and structures including roof top wind
energy facilities.
(2)
PART IX.
That Section 48-866(b)(3) Permitted Uses, SPD-C Village
Attached Single-family District be amended as follows:
(3)
Customary accessory uses and structures including roof top wind
energy facilities.
PART X.
That Section 48-867(b)(4) Permitted Uses, SPD-C Village
Multifamily District be amended as follows:
(4)
Customary accessory uses and structures including roof top wind
energy facilities.
PART XI.
That Section 48-868(b)(4) Permitted Uses, SPD-C Village
Townhouse I District be amended as follows:
(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.
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PART XII.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed. This ordinance shall be in full force and effect from and
after the ____ day of ________ 2010.
Robert O. Oakes, Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Date adopted:
Motion to adopt by Commissioner
Motion seconded by Commissioner
Vote:
AYES
NAYS
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