The following regulations shall apply to the MH-A zoning district:
(a) Intent. The MH-A district is intended to encourage the development of moderate density residential neighborhoods, to serve as a transition zone between low-density areas and more intensely developed areas, and provide a setting for a limited number of business uses associated with a coastal village location.
All existing uses are 100% "grandfathered" in perpetuity, as they exist as of the date the Manns Harbor/Mashoes zoning ordinance is adopted. 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. State and federal rebuilding regulations may apply.
(b) Permitted uses. The following uses and NO OTHER shall be permitted by right:
(1) Detached single-family dwellings.
(2) Duplexes.
(3) Customary accessory uses.
(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 state.
b. The requirements of the building inspector regarding skirting material and skirting area are complied with.
(5) Traditional commercial fishing businesses, including crab shedding operations.
(6) County owned or leased facilities.
(7) Commercial/light industry, with the following conditions:
a. Where a commercial/light industry use is adjacent to a residential use, the commercial/light industry use must provide a visual buffer along that boundary.
b. Light industry is defined as those uses involving assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair, or processing activities. Only those light industrial uses not defined as "high-hazard group H" by the North Carolina State Building Code may be permitted.
c. The following commercial/light industry uses are permitted in District A and shall be of a non-itinerant nature:
1. Automobile detailing, auto shops, paint and body shops.
2. Agriculture/aquaculture.
3. Bake shops (cakes, pastries, edibles and bakery goods).
4. Barber and beauty shops including tanning and exercise facilities.
5. Bicycle rentals with buffered storage areas.
6. Boarding horses, equestrian activities according to state regulations.
7. Boat building shop and related industry.
8. Boat launching ramps.
9. Carpenter/cabinet/wood-working/furniture making.
10. Catering businesses.
11. Computer/internet services.
12. Concrete finishing business and equipment.
13. Crab pot storage and other crabbing and commercial fishing gear.
14. Craft production and retail sales.
15. Consulting businesses.
16. Electronics.
17. Excavating and equipment.
18. Facilities owned by the State of North Carolina.
19. Garden and vegetable stands.
20. General contracting and related services.
21. Gunsmith shop and gun sales.
22. Heavy equipment shop with storage.
23. Historic home place tours and interpretation of village lifestyles.
24. House and boat moving businesses.
25. Hunting and sporting goods stores.
26. Landscape and lawn care businesses.
27. Mini-storage facilities including portable storage unit services. Mini-storage facilities with multiple buildings or with portable storage unit services shall be submitted for site plan review under Section 22-31 Group Development. (Adopted 1-2-2024)
28. Music shops and music lessons.
29. Elder in-home care facility (not to exceed 4 non-related patients).
30. Offices (financial, professional, medical and real estate).
31. Outboard engine repairs/sales.
32. Photography.
33. Plant nursery.
34. Pottery, clay works, ceramics.
35. Pressure washing business.
36. Radio, TV broadcasting and film production studio.
37. Restaurants – provided alcoholic beverage sales do not exceed 40% of total sales. Restaurants shall not feature a "drive-thru" window service, whereby patrons are served while seated in a motor vehicle. Restaurant seating capacity shall not exceed 100.
38. Seafood sales as per State of North Carolina regulations.
39. Sign making shops.
40. Small engine repair and sales.
41. Tree farms.
42. Taxidermist.
43. Tree removal, stump grinding, log splitting and wood sales.
44. Upholstery shops.
45. Welding shops.
(8) All church functions and cemeteries; churches are allowed to add additional structures to their properties.
(9) Fire stations, schools and other public buildings.
(10) Home occupations.
(11) Traditional village businesses including, but not limited to:
a. Offices (financial, professional, medical and real estate).
b. Retail/wholesale shops:
1. Antiques, furniture and home decor.
2. Apparel.
3. Artist and art supplies.
4. Avian breeding, sales and supplies.
5. Bait and tackle supplies, fishing rod and lure assembly shops.
6. Beehives.
7. Books.
8. Camera and photo supplies.
9. Catering home business, in accordance with Health Code Standards.
10. Coffee/tea cakes, pies, bakery goods and edibles.
11. Florist.
12. Fruit and vegetable stand.
13. Gifts and imports.
14. Hobby goods.
15. Home schooling.
16. Hunting and fishing supplies.
17. Jewelry.
18. Leather goods.
19. Livestock for personal use only.
20. Millinery shops.
21. Music shops and music lessons.
22. Photography equipment sales and service.
23. Sewing shop/needle works, dry goods and supplies.
24. Tack and equestrian associated sales.
25. Toys.
26. Upholstery.
27. Woodcarving.
(12) Public parks and playgrounds.
(13) Small bed and breakfast homes as defined in Section 22-2.
(14) Fish houses; dockage, and piers (maximum pier length limited to 100 feet, measured from the shoreline extending to open water).
(15) Resident businesses provided that:
a. Family member(s) resides on premises;
b. Merchandise produced on or off the premises may be sold 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 may be located within the confines of the home and/or in an accessory building located on the same property so long as total structures do not exceed 50% of the lot coverage;
d. Parking requirements – Section 22-56 for the proposed use shall be applied.
(17) Child care facilities which are an accessory use of an existing or proposed church, public school, or other public building.
(18) Pet grooming; no overnight commercial kennel facilities.
(19) Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)
(20) Workforce housing - administrative review for one WHU subject to provisions of Section 22-58.7.
(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) Private clubs, golf courses, tennis courts, picnic areas, beach clubs and concessions integral thereto; provided that no open commercial activity and that no sign other than a directional sign is allowed.
(2) Public and private utility facilities, substations.
(3) Boat sales.
(4) Boat rentals; not to include personal watercraft and those vessels propelled by non-conventional inboard/outboard motors (i.e., "airboats").
(5) Telecommunication towers only associated with a principal use that is authorized as either a permitted use or special use in this district and subject to all standards established in Section 22-29.2.
(6) Mobile home parks, according to the standards of the Dare County Mobile Home Park Ordinance; not to include travel trailer parks.
(7) Fishing and hunting camp. A facility that provides organized fishing and hunting activities for customers for a fee. The facilities may include overnight guest quarters, clubhouse facilities, a swimming pool, storage buildings, piers, docks and private boat launching areas.
a. Overnight guest quarters shall be individual cabins constructed of components on permanent foundations consistent with the North Carolina State Building Code. The total square footage of each cabin shall not exceed 800 square feet of heated space. Cabins may be rented on a daily or weekly basis not to exceed 30 consecutive days. This 30-day limit shall not be interpreted to prohibit use of a fishing-hunting camp by community, civic or church groups for more than 30 consecutive days whereby the group reserves the camp for use by its membership which may change on a weekly or daily basis. For example, a youth group from eastern North Carolina reserves use of the camp for the months of June and July and during these months sub- chapters of the group from individual counties make use of the camp on a weekly basis. Portable toilets shall not be used as bathroom facilities.
b. Density: 1 cabin per 20,000 square feet of non-wetland area. Any wetland areas shall not be used in the calculation of density.
c. Setbacks: All cabins shall be located on the parcel according to the minimum setbacks for the MH-A district and shall be located a minimum of 20 feet from another cabin.
d. Any lot proposed for use as a fishing-hunting camp shall have frontage on the Albermarle Sound from Haulover Point to the western terminus of the William B. Umstead Bridge. This frontage shall be no less than 100 feet in width.
e. Travel trailers, motor homes, pickup coaches, recreational vehicles, tents or other temporary dwellings shall not be occupied on the camp property.
f. Boating launching facilities and clubhouse facilities shall be for the use of the guests of the camp. The clubhouse structure shall not be calculated in the cabin density calculation. No overnight guest quarters shall be provided in the clubhouse facility.
g. Signage for the camp shall be limited to 1 free-standing sign located at the entrance of the camp and shall not exceed 32 square feet in size.
h. Other reasonable conditions that may be imposed by the Board of Commissioners.
(Adopted 10-18-10)
(8) Workforce housing units - special use review if two or more WHU units subject to provisions of Section 22-58.7.
(9) Educational housing projects subject to the provisions of Section 22-58.8.
(10) 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 on-site septic tank/drain field system: 20,000 square feet of soil not classified as coastal wetland.
b. Single-family lots served by a county/state operated central water supply and on-site septic tank/drain field system: the lot size may be reduced to 15,000 contiguous square feet.
c. 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) Maximum gross building size (applicable to all structures except publicly owned buildings, schools, and those structures directly associated with a church): 10,000 square feet excluding decks, porches, and similar non-heated space.
(3) Newly platted lots shall comply with the following dimensional standards:
a. Minimum lot width: 75 ft. measured at the building setback line.
b. Minimum front yard: 25 ft.
c. Minimum side yard: 10 ft. An additional 10 ft. side yard adjacent to the street is required for corner lots.
d. Minimum rear yard: 20 ft. No rear yard setback is required for waterfront lots.
(4) Maximum allowable lot coverage: 30%. Lot coverage of 50% may be authorized for those sites with an accessory dwelling unit and/or a traditional village business.
(5) Height limitation for commercial/light industry buildings: 40 feet. All other uses: 35 feet.
(Adopted 5-21-07)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 5-17-2023)