(a) Scope and intent. The BNH district is established as an area to recognize and preserve the family housing complex which predated the adoption of the Natural Historic District in 1975 as consistent with the intent of the Natural Historic District to protect and enhance areas with local or national historical significance, but to otherwise follow the regulations of the Natural Historic District.
(b) Permitted uses. The following uses shall be permitted by right:
(1) Detached single-family dwellings, not to include mobile homes.
(2) Duplexes.
(3) Customary accessory buildings, including private swimming pools and tennis courts.
(4) Churches and cemeteries.
(5) Museums.
(6) Wildlife refuges, game preserves, botanical gardens and natural preservation areas.
(7) Historic sites.
(8) State and natural parks.
(9) County owned or leased facilities.
(c) Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:
(1) Theaters.
(2) Outdoor recreation areas, including parks, picnic areas, nature trails, bicycle paths, bridle paths, riding stables, marinas and playgrounds, and boat ramps and customary concessions corrected therewith.
(3) Tourist information centers.
(4) Public and private utility facilities.
(5) Signs. For each permitted use in the BNH district one square foot of sign may be allowed for each lineal foot of frontage on a public right-of-way, not to exceed a total of two hundred square feet.
(6) Family housing complex provided that such complex existed on July 16, 2007.
(d) Dimensional requirements.
(1) Detached single-family dwellings.
a. Minimum lot size:
Single-family lots served by private wells on an on-site septic tank/drain field system: 20,000 square feet of area.
Single-family lots served by central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.
Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area.
b. Minimum lot width: 75 feet, measured at the building setback line.
c. Minimum front yard: 25 feet.
d. Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.
e. Minimum rear yard: 20 feet.
f. Maximum allowable lot coverage by principal use and all accessory structures: 30%.
g. Height limitations: 35 feet.
h. No building or other facility, such as playgrounds, tennis courts, swimming pools, parking areas, incinerators, trash collection areas, etc., shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a road and its right-of-way along such boundary may be included as part of all of the 50-foot separation zone.
(2) Dimensional requirements. Family housing complex.
a. Generally. Family housing complex, consisting of two or more buildings devoted to a common or similar use and constructed on a single lot, are permitted in the BNH district; provided, that a mandatory pre-application conference is held between the planning board and the applicant prior to filing the required application for review and approval of the complex by the board of commissioners. Such review and approval shall be required for all family housing complexes. Adequate scaled site plans shall be submitted to allow for review of the size and location of all buildings, structures, streets, drives and parking spaces and their relationship to any open spaces and adjacent properties. Such family housing complex plans shall also be accompanied by a computation or schedule, expressed in acres or portions thereof, which indicates the area and percentage of the site devoted to:
1. Gross area.
2. Parking area.
3. Net area.
4. Building area.
5. Open space.
b. Design Standards - Generally. All family housing complexes shall comply with the following design standards:
1. Street access. Any building established as a part of a family housing complex which cannot properly be served by emergency or service vehicles from an existing abutting street, shall be made accessible to such vehicles by street improvements that are adequate for emergency and other service vehicles. All street improvements shall consist of a 24 foot-wide paved improvements located internal to site. All pavement and sub-base materials used in the construction of the street improvements shall be consistent with NC Department of Transportation pavement and sub-base material standards.
2. The owner/applicant shall submit, as a part of the family housing site plan, a signed statement of a North Carolina-licensed professional engineer, stating that the proposed streets as designed will meet all of the requirements of this section. The owner shall provide for inspections to ensure that the streets are being constructed in accordance with the approved site plan by an independent, licensed professional engineer during the construction process, whose reports are to be submitted to the Planning Board in accordance with a schedule submitted, and approved as part of the family housing complex. Once the street improvements are complete, the owner shall submit a certificate of an independent, licensed professional engineer that the streets have been constructed in accordance with the approved site plan.
3. The ownership of the streets shall be retained by the owner. The owner must agree to maintain the streets.
4. The approved site plan, the uniform covenants and deeds shall plainly indicate that the streets are private, and their maintenance is the responsibility of the owner.
5. Off-street parking and loading facilities. Off-street parking and loading facilities established in connection with a family housing complex shall be of such design, location and arrangement as will not interfere with the efficient flow of traffic through the area and as will not interfere with the access of emergency or service vehicles.
6. Separation of buildings. All buildings established as a part of a family housing complex shall be separated by not less than 16 feet.
7. Prohibited uses. In no case shall a use be permitted as a part of a family housing complex that is not residential.
8. Setbacks. All buildings established as a part of a family housing project shall be setback not less than 8 feet from any property line.
9. Location. No dwelling structure established as a part of a family housing complex shall be situated on a lot so as to face the rear of another dwelling structure within the complex.
10. Lot size. A family housing complex shall be permitted only on a lot or plot of ground having an area of not less than seven (7) acres,
11. Density. Dwelling density shall not exceed 5.5 units per acre based on the overall acreage of the tract.
12. Lot coverage - maximum allowable lot coverage- 33% of the total lot area.
13. Parking - 3 spaces per unit.
14. Building height - 38 feet.
15. Building permits for a family housing complex shall not be issued by Dare County until applicable local, state or federal permits including but not limited to permits for wastewater treatment and storm water management are secured by the property owner and copies submitted to Dare County. Building permits may be issued for dwelling units which have obtained all applicable wastewater treatment permits for their use.
(a) Wastewater. Notwithstanding and in addition to any other state, local or federal requirements for wastewater, each wastewater system shall be underground disposal only designed to prevent any waste material from leaving the family housing complex site under conditions that include standing storm water on site. Any wastewater treatment system serving three or more units shall be an advanced treatment system.
(b) Storm Water. Notwithstanding and in addition to any other state, local or federal requirements for storm water, the storm water system shall be designed to store on the family housing complex site the runoff produced by a 10-year, 24 hour rainfall event Point Precipitation Frequency (PF) estimates as defined by NOAA Atlas 14, Volume 2, Version 3 or the most recent version as of June 4, 2012.
(c) Transfer of Property. Upon sale or transfer of ownership of the family housing site or any portion thereof, a $30,000 escrow account to be held by an escrow agent as determined by Dare County shall be established. This escrow shall be used for the repair/replacement of any wastewater system and such amount shall be at all times maintained in escrow. Any interest accrued shall become a part of the escrow account. No funds shall be dispersed from the escrow without consent of Dare County upon presentation of repair estimates from a North Carolina licensed wastewater treatment system operator or a North Carolina licensed engineer.
16. Reconstruction of family housing complex. Any structure located within a family housing complex that existed on July 16, 2007 may be reconstructed or replaced if damaged by any means beyond 50% of its value to the extent that it existed on July 16, 2007 but may not be reconstructed or replaced to a greater footprint than what existed previously.
(3) Dimensional requirements for all other uses:
a. Minimum lot size: 2 acres.
b. Minimum lot width: 100 feet, measured at the building setback line.
c. Minimum front yard: 50 feet.
d. Minimum side yard: 15 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.
e. Minimum rear yard: 15 feet.
f. Maximum allowable lot coverage by principal use and all accessory structures: 20%.
g. Height limitations: 35 feet. (Adopted 6-4-2012)
(Am. Ord. passed 6-21-2021)