The following regulations shall apply to the RS-8 multi-family residential district:
(a) Intent. The RS-8 district is established as an area in which the principal use of the land is for single family and low density multi-family residential purposes, not to exceed eight dwelling units per acre. (Amended 10-15-2018)
(b) Permitted uses. The following uses shall be permitted by right:
(1) Detached single-family dwellings, not to include mobile homes.
(2) Duplexes.
(3) Multi-family dwellings.
(4) Customary accessory buildings, including private swimming pools and tennis courts.
(5) County owned or leased facilities.
(6) Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)
(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) Churches and cemeteries.
(2) Fire stations, schools and other public buildings.
(3) Home occupations.
(4) Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity and that no sign other than a direction sign is allowed.
(5) Public and private utility facilities (must provide a vegetated buffer strip at least 10 feet in height where the facility abuts a residential lot or use).
(6) Planning Unit development. (This entire section was by the Dare County Board of Commissioners on 9-19-94.)
(7) Family child-care homes as defined in section 22-2 and subject to the occupancy verification provisions of section 22-29.1, 4. (Adopted 11-5-90)
(8) Residential child care center as defined in section 22-2 and subject to occupancy verification provisions of section 22-29.1, 4. (Adopted 11-5-90)
(9) Child care facilities, which are an accessory use of an existing or proposed church, school, other public building. (Adopted 11-5-90)
(10) Educational housing projects subject to the provisions of Section 22-58.8.
(11) Special use subdivisions subject to the provisions of Section 22-58.9.
(d) Dimensional requirements.
(1) Minimum lot size:
a. Single-family lots served by private wells and 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 central water supply and a central waste- water disposal system: 15,000 square feet of area. (Amended 9-19-94)
b. Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.
Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)
c. Multi-family dwellings: Must be served by an approved public or community sewage disposal system. Eight (8) dwelling units per acre.
(2) Minimum lot width: 75 feet; measured at the building setback line.
(3) Minimum front yard: 25 feet.
(4) Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.
(5) Minimum read yard: 20 feet.
(6) Maximum allowable lot coverage by principal use and all accessory structures: 30%.
(7) Height limitation: 35 feet.
(8) 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 or all the 50 foot separation zone. (11-20-75, art. 7, 7.04)
e. Non-conforming multi-family structures. If any non-conforming multi-family structure constructed before 2003 when the RS-8 dwelling density was decreased to six units per acre is destroyed or damaged more than 50% of its market value, the structure may be reconstructed to its former dwelling density at the time of its original construction but no greater. (Adopted 5-21-2018)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)