DATE: Thursday, May 8, 1997                 TAG: 9705080369

SECTION: LOCAL                   PAGE: B01  EDITION: NORTH CAROLINA 

SOURCE: BY PAUL SOUTH, STAFF WRITER 

DATELINE: NAGS HEAD                         LENGTH:   69 lines

NAGS HEAD PASSES LIMITS ON MOTORIZED WATERCRAFT

Commissioners approved an ordinance Wednesday tightening regulations governing the operation of Jet Skis and other personal powered watercraft within the town's jurisdiction.

Under the new regulations, personal watercraft cannot be operated within 600 feet of the sound or ocean shoreline. The 600-foot restriction does not apply, however, to the commercial outdoor recreational use zoning district.

Jet Ski operators must go straight in and straight out within the 600-foot buffer and must do so at no more than 5 mph.

The five-member panel approved the ordinance 4-1, with Commissioner Doug Remaley voting against the change.

The ordinance also provides that establishments that rent Jet Skis are prohibited from renting or leasing motorized personal watercraft to anyone under 16 years old.

Remaley asked that town attorney Tom White Jr. look into the possibility of regulating the Jet Ski rental operations.

``My position in respect to the number of Jet Ski operations, is that we need to look into how we can regulate the number of operations within the town,'' Remaley said.

However, restricting the number of businesses could be beyond the town's authority.

``I think we may be getting into an area outside the Land Use Plan,'' White said. ``You're telling people what business they can get into and what they can't.''

Another facet of the measure is a 50-foot buffer between Jet Skis and non-motorized craft such as sailboards, surfboards and kayaks. The ordinance also provides for a 50-foot divide between Jet Skis and swimmers.

Ralph Buxton, owner of WaterSports Center in Nags Head, calledthe ordinance ``a good start'' and praised the buffer provision.

``I'm glad to see the 50-foot buffer for non-motorized vehicles,'' Buxton said. ``Our experience with kayaks and windsurfers tells us that keeping them away from personal watercraft increases safety.''

Proposed legislation before the state General Assembly would have provided state regulation for the controversial craft. Those bills were forwarded to a legislative study commission. State action on personal watercraft could be delayed until next year.

Violation of the new law is a misdemeanor, punishable by a fine of up to $250 or up to 30 days in jail.

In other action, the commission:

Rejected, by a 4-1 vote, a request by Sallye Hardy to allow day care centers within the residential zone.

Agreed to continue negotiations with attorneys for Dowdy's Amusements concerning amendments to the town's zoning ordinance governing outdoor recreation facilities like Dowdy's that are located outside the Commercial Outdoor Recreational Use zone.

Attorney Dwight Wheless said the proposed amendments prohibiting the increase in height of certain structures, lot coverage or a decrease in setbacks strangle the business.

The commission gave Wheless and town staff two months to work out an agreement regarding the zoning change. This is the latest in a series of legal disputes between the town and the amusement park.

Mayor Renee Cahoon expressed hope that a settlement could be worked out with the park.

``I have a hard time telling a business that's been here forever that they are not welcome here anymore,'' Cahoon said.

And, the board tabled a request by the Rev. David Daniels, pastor of the Outer Banks Worship Center. Daniels asked for a change in the zoning ordinance to allow off-premises parking for the church's new Dream Center, a Christian theater that will perform musical productions this summer. The town's planning department will look into the creation of a new zoning designation for nonprofit outreach facilities. Action by the board is expected next month.

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