(a) Scope and intent. The East Lake Natural Historic district is established to provide for the protection and enhancement of those areas within the County which are significant as places of natural beauty or are areas with local or national historical significance. It is the intent of this chapter to encourage reasonable public and private uses and development within these areas.
(b) Permitted uses. The following uses shall be permitted by right:
(1) Detached single-family dwellings, not to include mobile homes.
(2) Customary accessory buildings, including private swimming pools and tennis courts.
(3) Churches and cemeteries. This shall also include other associated church facilities including recreational structures, childcare facilities, and overnight lodging.
(4) Museums.
(5) Wildlife refuges, game preserves, botanical gardens and natural preservation areas.
(6) Historic sites.
(7) State and natural parks.
(8) County owned or leased facilities.
(9) Accessory dwelling unit associated with principal residential use subject to compliance with all supplementary local, state, and federal permit approvals and in addition to the following:
a. An accessory dwelling unit may be attached to the principal residence or may be detached from the principal residence. The size of an accessory dwelling unit, whether attached or detached from the principal residence, shall not exceed 900 square feet of heated space.
b. An accessory dwelling unit, whether attached to or detached from the principal residence, shall be located on the site in conformance with the building setbacks of this zoning district.
c. One additional off- street parking space shall be required.
d. Travel trailers and recreational vehicles shall not be used as accessory dwelling units.
e. Accessory dwelling units may be used for home occupations as defined in Sec. 22-2 of the Dare County Zoning Ordinance.
(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.
(6) Special use subdivisions subject to the provisions of Section 22-58.9.
(d) Dimensional requirements for residential uses.
(1) Minimum lot size: Lots subdivided and recorded after (the adopted date of this district) regardless of method of drinking water supply and wastewater disposal - 20,000 contiguous square feet of soils not classified as coastal wetlands.
(2) Minimum lot width: 75 feet, measured at the building setback line.
(3) Minimum front yard setback: 25 feet.
(4) Minimum side yard: 10 feet. An additional 5-foot side yard adjacent to the street is required for a corner lot.
(5) Minimum rear yard: 20 feet from rear property line.
(6) Maximum allowable lot coverage: 30% as defined in Section 22-2.
(7) Height limitations: 45 feet to the highest portion of the roof measured from the lowest natural ground grade within a 50-foot perimeter of the exterior walls or outer perimeter of the structure. Chimneys, lightning rods, weather vanes, wind gauges, and other similar roof appurtenances shall not be considered the highest portion of the roof.
(e) Dimensional requirements for all other uses:
(1) Minimum lot size: 2 acres.
(2) Minimum lot width: 100 feet, measured at the building setback line.
(3) Minimum front yard: 50 feet.
(4) Minimum side yard: 15 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.
(5) Minimum rear yard: 15 feet.
(6) Maximum allowable lot coverage by principal use and all accessory structures: 20%.
(7) Height limitations: 45 feet to the highest portion of the roof measured from the lowest natural ground grade within a 50-foot perimeter of the exterior walls or outer perimeter of the structure. Chimneys, lightning rods, weather vanes, wind gauges, and other similar roof appurtenances shall not be considered the highest portion of the roof.
(f) Non-conformities:
(1) Any structure destroyed or deteriorated by natural means, either partially or in full, may be rebuilt to 100% of its previous extent. This shall not apply to those nonconforming structures which are voluntarily removed or demolished by the property owner. State and federal rebuilding regulations may apply to any rebuilding project.
(2) Any structure that is in existence on the (date of adoption) that is rendered non-conforming with the dimensional setbacks of this zoning district shall be considered a pre-existing non-conforming structure. Additions, expansions, or remodeling of a non-conforming structure shall not be authorized if the proposed addition or expansion will increase the non-conforming aspect of the structure. However, this provision shall not be interpreted to preclude the addition, expansion, or remodeling of any non-conforming structure if such project can be accomplished in manner that does not increase the non-confirming aspect of the structure.
(3) Non-conforming lots of record – The following setbacks and lot coverage standards shall apply to any lot of record as of April 15, 2013 that does not meet the dimensional standards of section (d)(1) of the ELR district:
a. Lots with 5,000 square feet or less:
1. Front yard setback – 15 feet.
2. Side yard setback – 5 feet. For corner lots, the side yard setback shall be 7 feet on the side of the lot that abuts the street.
3. Rear yard setback – 20 feet.
4. Lot coverage: 60% of the lot square footage but not to exceed a maximum of 2, 500 square feet.
b. Lots with 5,001 square feet to 10,000 square feet:
1. Front yard setback – 20 feet.
2. Side yard setback – 8 feet. For corner lots, the side yard setback shall be 10 feet on the side of the lot that abuts the street.
3. Rear yard setback – 20 feet.
4. Lot coverage: 50% of the lot square footage but not to exceed a maximum of 4,000 square feet.
c. Lots with 10,001 square feet to 14,999 square feet.
1. Front yard setback – 25 feet.
2. Side yard setback – 8 feet. For corner lots, the side yard setback shall be 10 feet on the side of the lot that abuts the street.
3. Rear yard setback – 20 feet.
4. Lot coverage: 40% of the lot square footage but not to exceed a maximum of 4,500 square feet.
d. Lots with 15,000 square feet to 19,999 square feet:
1. Front yard setback – 25 feet.
2. Side yard setback – 10 feet. For corner lots, the side yard setback shall be 15 feet on the side of the lot that abuts the street.
3. Rear yard setback – 20 feet.
4. Lot coverage: 30% of the lot square footage. (Adopted 4-15-2013)
(Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 4-20-2022; Am. Ord. passed 5-17-2023)