Kill Devil Hills, NC Accessory Structures: ADU Rules (2026)
ADU rules in Kill Devil Hills, NC, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Allowed zones
- LDR, HDR, C, LI-1, LI-2
- ADUs per lot
- one maximum
- Size cap
- 50% of home or 800 sq ft
- Wastewater permit
- required from County Environmental Health
- Prohibited as ADU
- RVs, travel trailers, manufactured homes
Summary
In Kill Devil Hills, North Carolina, accessory dwelling units are a permitted use in the Low Density Residential, High Density Residential, Commercial, Light Industrial 1 and Light Industrial 2 zoning districts under § 153.315(B). Only one ADU is allowed per lot, capped at 50% of the primary home's living area or 800 square feet, whichever is smaller, and it must meet the town's setback and parking standards.
(A) Purpose. ... The purpose of these provisions for all accessory dwelling units (ADUs) is to allow the efficient use of existing housing stock, parcels of land, and community infrastructure, and to increase the number and variety of residential units while respecting the scale and character of existing neighborhoods. (B) General provisions. Accessory dwelling units (ADUs) are allowed as permitted uses in Low Density Residential, High Density Residential, Commercial, Light Industrial 1 and Light Industrial 2 Zoning Districts, subject to the following standards: (1) An ADU can only be located on a property containing one single-family detached dwelling. ... (3) ADUs shall not be larger than 50% of the living area of the primary residence, or 800 square feet, whichever is lesser. (4) An ADU must comply with all applicable minimum building setback requirements and a detached ADU cannot extend beyond the front of the primary residence.
Full Breakdown
315 sets out the town's full accessory dwelling unit standards. Under subsection (B)(1), an ADU can only be added to a property that already contains one single-family detached dwelling, and subsection (B)(2) limits a lot to one ADU no matter how large the parcel is. Size is capped in (B)(3) at 50% of the primary residence's living area or 800 square feet, whichever is smaller. Subsection (B)(4) requires the ADU to meet every setback that applies to the primary structure, and bars a detached ADU from extending in front of the primary residence.
Subsection (B)(5) requires the ADU to be permitted and inspected under both the State Building Code and the Kill Devil Hills Town Code, and (B)(6) requires the owner to obtain a Dare County Environmental Health Department permit confirming the existing wastewater system can serve, or be upgraded to serve, the added unit. 076 under (B)(7). Subsection (B)(8) bars recreational vehicles, travel trailers and manufactured homes from being used or approved as an ADU, and (B)(9) prohibits subdividing or separating ownership of the ADU from the principal dwelling.
A tenth standard, addressed on its own page for this code, further restricts ADUs in the Low Density Residential and High Density Residential districts to long-term occupancy only.
Violations & Fines
An ADU built without the § 153.315 permit, over the 800-square-foot/50% size cap, or as a converted RV, travel trailer or manufactured home is a zoning violation subject to the town's standard zoning enforcement, and the Zoning Administrator can withhold or revoke a certificate of occupancy until the unit is brought into compliance, permitted, and inspected under the State Building Code and Town Code.
Frequently Asked Questions
Where are accessory dwelling units allowed in Kill Devil Hills?
How big can an ADU be?
Can a camper or manufactured home be used as an ADU?
Sources & Official References
Other rules in Kill Devil Hills
How Kill Devil Hills compares: Easiest Cities to Build an ADU·Compare Kill Devil Hills to another location·View the North Carolina accessory structures overview
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