Kill Devil Hills, NC Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Base PUD density
- 10 units per acre
- 12-unit bonus
- requires 30% open space
- 14-unit bonus
- requires 40% open space
- Minimum PUD site
- 5 acres
- Approval body
- Board of Commissioners, special use
Summary
In the Town of Kill Devil Hills, North Carolina, a Planned Unit Development starts at ten units per acre under § 153.313(F)(3). Developers can earn a density bonus of twelve units per acre by preserving 30% of the site as open space, or fourteen units per acre by preserving 40%, with fixed shares set aside for upland vegetation and public recreation space.
(3) Density. (a) Generally. Ten units per acre. (b) Density bonus. 1. Twelve units per acre may be permitted provided 30% of the total site is maintained as open space. ... ... 2. Fourteen units per acre may be permitted provided 40% of the total site is maintained as open space.
Full Breakdown
313(A)-(B). 313(F)(3)(a) is ten units per acre on a PUD site, which must be at least five acres with parcels at least 75 feet wide. 313(F)(3)(b) lets a developer trade additional open space for additional density. Reaching twelve units per acre requires maintaining 30% of the total site as open space, split among at least 10% upland natural vegetation, at least 15% common public space such as walking and jogging trails, and up to 5% wetlands. Reaching fourteen units per acre raises the open-space share to 40%, made up of at least 15% upland vegetation, at least 20% common public space, and up to 5% wetlands.
313(F)(3)(c) sets a sliding scale for counting wetland soils toward density: a lot with under 25% wetland soils may count 75% of that wetland area, dropping to 50% counted at 25%-50% wetlands, 25% counted at 50%-75% wetlands, and none counted once wetlands reach 75% or more of the lot. 071.
Violations & Fines
A PUD's density bonus is fixed at site-plan approval: the Planning Board and Board of Commissioners review the open-space percentages and wetland calculations under § 153.313 before granting the special use permit, and a project cannot later shrink its dedicated open space below the approved 30% or 40% threshold and keep the bonus density. Noncompliance is enforced the way the town enforces its other special use and site-plan conditions in Chapter 153, up to revocation of the approval.
Frequently Asked Questions
What is the base density for a Planned Unit Development in Kill Devil Hills?
How does the open-space density bonus work?
Do wetlands count toward the open space requirement?
Sources & Official References
Other rules in Kill Devil Hills
Compare Kill Devil Hills to another location·View the North Carolina zoning overlays & bonuses overview
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