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Nags Head adopts multifamily ordinance limiting large developments, requiring deed restrictions for long‑term housing
Summary
The board adopted a new multifamily ordinance that creates two categories (small and large), caps approvals for large multifamily projects at three, requires deed restrictions to ensure long‑term/workforce occupancy (no short‑term rentals), and sets development standards for buffers, parking and stormwater.
The Nags Head Board of Commissioners on Oct. 2 adopted a multifamily ordinance that distinguishes "large" multifamily projects (more than six dwelling units) from "small" projects (six or fewer), adds development criteria and requires deed restrictions to prioritize long‑term or workforce housing rather than short‑term rentals.
"The multifamily ordinance that's being presented today includes 2 different categories for multifamily," staff member Andy told the board, summarizing the hybrid draft that combined recommendations from a working group and the planning board. The ordinance sets density, parking and stormwater standards, requires a vegetated buffer (staff noted a 25‑foot buffer between large multifamily developments and adjacent properties) and caps the number of large multifamily approvals at three under the new rules.
Supporters on the board highlighted public engagement and technical protections. Commissioner Lambert said the special use permit process and buffering provisions address neighborhood concerns about stormwater, septic and traffic. The ordinance also limits building footprints for multifamily structures (staff said building size would be no greater than 10,000 square feet per building for large projects) and includes permeable surface requirements for parking.
After discussion about potential tweaks — including adding a density limit to prevent clustering — the board voted to adopt the ordinance "as presented," with staff and the planning board to continue work on detailed implementation and possible future amendments.
What the ordinance does not do: it does not approve any specific multifamily project; rather it sets the regulatory framework and review process (special use permit for large projects) for future applications. The board recorded the motion and approved the ordinance by voice vote.
Next steps: staff and the planning board will continue refining review standards and monitoring the ordinance's application; the board said it plans to review outcomes and consider adjustments after applications are filed.
