The following regulations shall apply to the R-2H medium density residential district:
(a) Intent. The R2-H district is intended to encourage the development of moderate density residential neighborhoods, with a mix of permanent and short-term seasonal residents, and to serve as a transition zone between the low-density area and more intensely developed areas. The maximum density for multi-family structures shall not exceed six dwelling units per acre. (density amendment adopted on June 2, 2003; amended 10-15-2018)
(b) Permitted uses. The following uses shall be permitted by right:
(1) Detached single-family dwellings.
(2) Duplexes, with each unit subject to the dimensional requirements for single-family dwellings in the district, except for the side yards required at any common walls.
(3) Customary accessory buildings, including private swimming pools.
(4) Mobile homes; provided, that:
a. They are placed on foundations and anchored according to the North Carolina State Building code for mobile homes in a hurricane area.
b. The requirements of the building inspector regarding skirting material and skirting area are complied with.
(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 club and concessionsintegral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.
(5) Public and private utility facilities.
(6) Planned unit developments. (This entire section was by the Dare County Board of Commissioners on 9-14-94.)
(7) Multi-family structures at a density of six (6) dwelling units per acre. (Amended 10-15-2018)
(8) Public or private parks and playgrounds
(10) Child care facilities which are an accessory use of an existing or proposed church, school, other public building. (Adopted on 11-5-90)
(11) Sporting clay courses provided the following conditions can be met:
a. The site shall be a minimum of 7 acres in area and have direct continuous frontage on the Pamlico Sound along 3 sides of the property.
b. Hours of operation–9:00 a.m. to 5:00 p.m., Monday - Saturday, 1:00 p.m. to 5:00 p.m., Sunday.
c. The total number of target machines provided at the sporting clay course shall not exceed 10 machines.
d. Shooting participants shall be escorted by a NRA (National Rife Association) certified attendant. No more than 8 shooters may occupy the shooting clay course at 1 time.
e. Restroom facilities shall be provided on-site for users of the sporting clay course.
f. Notwithstanding the provisions of Chapter 130 of the Dare County Code, no firearms used at the sporting clay course shall be discharged within 200 yards of any occupied residential structure. Individual shooting machines at the sporting clay course shall be situated for compliance with this condition and to avoid shooting in the direction of any occupied residential structure or into the waters of the Pamlico Sound.
g. Sporting clays used at the site shall be biodegradable and all ammunition shall comply with any federal laws.
h. There shall be no firearms sales or the sale of alcoholic beverages at the sporting clay course.
i. Other reasonable conditions that may be applied by the Board of Commissioners. (Adopted 7-19-10)
(12) Educational housing projects subject to the provisions of Section 22-58.8.
(13) 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 a private well and an on-site septic tank/drainfield system: 20,000 square feet of area. Single family lots served by a central water supply and an on-site septic tank/drainfield 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. (Amended on 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)
(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 rear yard: 20% of lot depth, but such yard need not exceed twenty feet.
(6) Maximum allowable lot coverage by principal use and all accessory structures: 30%.
(7) Height limitation: 45 feet measured from the established ground elevation to the highest elevation of any feature of the primary structure or portion of the roof, excluding those architectural features known as cupolas and observation towers that meet the requirements of Section 22-29 (c) of this ordinance. The height shall be calculated from the approximate center of the structure. Chimneys, lighting rods, weather vanes, wind gauges and other similar roof appurtenances shall not be considered the highest portion of the roof. For purposes of this Section, established ground elevation is defined as the highest of (1) natural ground elevation before any land disturbing activities; (2) unnatural ground elevation created by the placement of fill on a site on or before June 2, 2003; or (3) the re-grading of natural topographic conditions in preparation of construction activities.
a. Elective elevation option – For those structures that are constructed with the bottom of the floor joist located above 8 feet NAVD 1988, one foot of building height may be added for each one foot increment increase in elevation above 8 feet NAVD 1988. However in no instance shall the overall building height exceed 52 feet to the highest elevation of any feature of the structure or portion of the roof. Any improvements located in the increased elevation area shall be subject to the restrictions of subsection (d) storage area detailed below.
b. Habitable floors – No structure shall feature more than three (3) habitable floors or three (3) habitable stories measured from the bottom of the floor joist to the top of the top plate, excluding those architectural features known as cupolas and observation towers that meet the requirements of Section 22-29 (c) of this ordinance.
c. Roof pitch – The pitch of the roof shall be a minimum of 4/12.
d. Storage area – For those structures with a storage area enclosure located below 8 feet NAVD 1988, the size of the enclosure area shall not exceed 25% of the square footage of the structure, or 300 square feet, whichever measurement is less. For the purposes of calculating the square footage allowed in the storage area, decks, porches, and other non-heated areas of the structure shall be included in the footprint square footage area. Storage areas shall be vented according to the standards of the National Flood Insurance Program regulations (one square inch of vents for every square foot of floor space). Elevator equipment may be located in the storage area as permitted by the National Flood Insurance Program regulations and other applicable state building codes. The remaining area of the foundation or piling area shall remain open and unobstructed by walls, enclosures, or other structural improvements that may serve as obstructions to storm surge tides or flood waters. Storage area enclosures shall be excluded from the calculation of subsection (b) habitable floors of this section. (amendments to building height adopted on July 19, 2004) Oceanfront overlay district -- 52 feet measured from 8 feet NAVD 1988 to the highest elevation of any feature of the structure or portion of the roof measured from the approximate center of the structure. For those properties where the natural grade exceeds 8 feet NAVD 1988, building height shall be measured from the highest adjacent grade to the proposed structural footprint. For the purposes of this section natural grade is defined as the highest of (1) natural ground elevation before any land disturbing activities; (2) unnatural ground elevation created by the placement of fill on a site on or before June 2, 2003; or (3) the re-grading of natural topographic conditions in preparation of construction activities. Chimneys, lighting rods, weather vanes, wind gauges and other similar roof appurtenances shall not be considered the highest portion of the roof. The pitch of the principal roof shall be no less than 4/12. This height limitation shall apply to residential structures located within an overlay area established from the National Park Service oceanfront boundary to a distance of 500 feet landward as depicted on the Hatteras village zoning map. (July 21, 2003)
(e) Non-conforming structures and uses. The provisions of subsection (b) of Section 22-49 and subsection (f) of Section 22-50 to the contrary notwithstanding, a non-conforming structure or use existing within this district on November 20, 1975, may be restored to its original condition if destroyed or damaged by any means for a period of time not to exceed eight years from such. (11-20-75, art. 7, 7.07, 76-81, 1) (adopted by the DCBC on 6-2-03)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)