SECTION 22-22.4 - R2-AH ALTERNATIVE MEDIUM DENSITY RESIDENTIAL DISTRICT FOR HATTERAS VILLAGE
   The following regulations shall apply to the R2-AH alternative medium density residential district:
   (a)   Intent. The R2-AH district is intended to encourage the development of moderate density residential neighborhoods, to serve as a transition zone between the low density area and more intensely developed areas, and provide a setting for a limited number of business uses associated with a coastal village location.
   (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 clubs and concessions integral 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)   Public or private parks and playgrounds.
      (7)   Bed and breakfast homes provided that:         
         a.   There are no more than 3 units in a home.
         b.   It is owner occupied.
      (8)   Campgrounds.
      (9)   Fish houses and dockage.
      (10)   Real estate offices.
      (11)   Resident businesses provided that:
         a.   Family member(s) residing on premises plus one other non-resident employee.
         b.   Merchandise produced on or off the premises may be at the business.
         c.   The total square footage designated as the resident business may not exceed 40% of the total floor area of the home. The business area may be located within the confines of the home or in an accessory building located on the same property provided the 40% maximum area is not exceeded.
         d.   One indirectly lighted sign, each side not to exceed four square feet.
         e.   Parking requirements of the proposed use as required in Section 22-56 may be met.
      (12)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Amended 5-16-11)
      (13)   Child care facilities which are an accessory use of an existing or proposed church, public school, or other public building.
      (14)   Government owned dormitories.
      (15)   Educational housing projects subject to the provisions of Section 22-58.8.
      (16)   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/drain field system: 20,000 square feet of area.
            Single-family lots served by a 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 waste-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)
         c.   Resident business: 30,000 square feet of area.
      (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 feet.
      (6)   Maximum lot coverage by principal use and all accessory uses: 30%.
      (7)   Building Height - 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, lightning 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 habitable floors or three 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 may be 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 are 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 (f) habitable floors of this section. (Adopted by the DCBC on July 19, 2004)
   (e)   Non-conformities:
      (1)    In the event a natural disaster or accidental occurrence leads to extensive damage of an existing use or structure that use or structure may be repaired or replaced to 100% of its status as of June 17, 1991, but no greater and only to the extent that it cannot be built in conformity with these regulations. This provision shall become invalid on June 17, 2021.
      (2)   Any proposed addition or alteration to an existing use or structure must conform to those guidelines in effect at the time permit application for such an addition or alteration is made. (Adopted on 6-17-91)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)