Staff Recommends Denial of the Zoning Text Amendment As Proposed

Agenda Item Summary Sheet

Item No: 14

Meeting Date: November 7, 2007

Item Title: Public Hearing to consider zoning text amendment to Town Code Section 48-7, Definition of “Height”

Item Summary: The proposal would modify the definition of height to allow overall height to be measured from 3 feet above the average grade of a parcel, or 3 feet above base flood elevation (BFE) whichever is greater.

Staff recommends denial of the zoning text amendment as proposed.

The Planning Board, at its September 18, 2007 meeting, voted unanimously to recommend approval of the Planning Board revised ordinance.

Number of Attachments: 2

Specific Action Requested:

Public Hearing for proposed text amendment.

Submitted By: Planning & Development Date: October 30, 2007

Finance Officer Comment:

Insufficient information to assess precise fiscal impact.

Signature: Kim Kenny Date: October 30, 2007

Town Attorney Comment:

I have reviewed the proposed ordinance which if adopted will achieve the stated goal or purpose.

Signature: Date: October 30, 2007

Town Manager Comment:

I will be available to discuss at the Board meeting.

Signature: Charles Cameron Date: October 30, 2007

Town of Nags Head

Planning and Development Post Office Box 99 Telephone 252-441-7016

Department Nags Head, North Carolina 27959 FAX 252-441-4290

www.townofnagshead.net

MEMORANDUM

TO: Board of Commissioners

FROM: Planning Board and Zoning Administrator

DATE: October 30, 2007

SUBJECT: Public Hearing to consider zoning text amendment to Town Code Section 48-7, Definition of the term “Height”

The definition of “Height” was amended in September 2006 to provide consistency with the fill ordinance requirements of Chapter 34, Stormwater, as well as to modify the language to make the definition of height more understandable. The current definition of height provides standards for calculating the height of structures both outside and within special flood hazard areas. For parcels located within the AE and VE Flood Hazard Areas, height is to be measured from the base flood elevation or finished grade, whichever is greater. Mr. Bob Evans has applied for a zoning ordinance text amendment to Town Code Section 48-7, Definition of the term “Height”. The proposed amendment would allow overall height to be measured from 3 feet above the average grade of a parcel, or 3 feet above base flood elevation (BFE) whichever is greater. The VE flood hazard areas are primarily located along the town oceanfront properties. These VE zones were recently expanded with the adoption of new flood maps in September 2006.

This request is being made in order to address Building Code and Flood Ordinance regulations within the VE Flood Hazard Area which require that structures be elevated a minimum of 12 inches from grade to the lowest horizontal frame member, with a minimum separation of 18 inches between grade and the floor joist.

The result of this text amendment, if approved, will be that structures will have a maximum total structure height of 45 feet above grade, or 45 feet above the established based flood elevation measurement, in designated VE flood hazard areas. This will be an increase of 3 feet in the present 42 feet maximum total structure height limit. Maximum height within the town has consistently been a topic of scrutiny and concern of both the board and the town citizens. There have been recent zoning amendment and zoning variance applications within the last year regarding zoning height regulations. These zoning applications have dealt primarily with the top plate and habitable floor height restriction and whether or not these specific points of measurement should be amended or varied. But one common theme of discussion by both the Board of Commissioners and Board of Adjustment in hearing these different zoning requests has been the reluctance to increase total structure height. Total structure height was increased by 7 feet, from 35 feet to a possible 42 feet, in August 2003 in conjunction with the adoption of residential design standards. Since the adoption of this notable height increase, there has been a very definitive position by the Board of Commissioners not to permit or approve additional building height increases. Staff has included a diagram in your packet for discussion at the meeting. Also attached please find the final approved copy of the September 18, 2007 Planning Board meeting minutes.

Land Use Plan Consistency Review

As noted earlier, VE flood hazard areas are predominantly found along the town’s oceanfront shoreline. The proposed change in increasing structure height applies to the VE zones and therefore applies to the oceanfront. Part of the Town of Nags Head Mission Statement, and more specifically part of the town’s Beach Plan, is to have “an oceanfront beach that is accessible and usable, not blocked by large structures.” Staff finds increasing the maximum allowed height of structures on the oceanfront to be inconsistent with this provision of the land use plan.

Staff Recommendation

Planning Staff maintains that new dwellings are currently being permitted and constructed in the VE flood hazard zone in compliance with existing code requirements as written and that recent building elevation changes in the flood ordinance do not necessitate or warrant increases in zoning height requirements. Staff recommends denial of this proposed zoning text amendment.

Planning Board Recommendation

The Planning Board, at its September 18, 2007 meeting, voted unanimously to recommend approval of the Planning Board revised ordinance shown below.

It is Staff’s interpretation that in order to take advantage of this amendment the lowest horizontal member would have to be elevated three (3) feet above the average grade or three (3) feet above base flood elevation, whichever is greater.

Applicant’s Proposed Ordinance

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 of specific words and terms, “Height” be amended to include the following:

Heightmeans the vertical distance measured from the tallest part of a building to the lowest ground elevation at the base of the building (finished grade; typically, the top elevation of the driveway or ground floor concrete slab). Height may be measured using the average finished grade at the four corners of the building where fill has not been used to elevate the building. See section 48-81 for exclusions from height limitations.

In any AE or VE special flood hazard area, height will be measured from the base flood elevation or finished grade, whichever is higher. In any VE special flood hazard area, height may be measured from three (3) feet above the average grade or three (3) feet above the base flood elevation, whichever is higher.

PART II. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

PART III. This ordinance shall be in full force and effect from and after the 7th day of November, 2007.

M. Renée Cahoon, Mayor

ATTEST:

Town Clerk

APPROVED AS TO FORM:

Town Attorney

Date adopted:

Motion to adopt by Commissioner

Motion seconded by Commissioner

Vote: AYES NAYS

Planning Board Revised Ordinance