The following regulations shall apply to the MH-B zoning district:
(a) Intent. The MH-B district is established as a transitional area to allow flexibility of services and uses while establishing certain density limitations, setbacks, parking requirements and other general requirements.
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. In addition to uses permitted/listed in District MH-A the following uses, and NO OTHER uses, are permitted in the MH-B district, and shall be of a non-itinerant nature:
(1) Appliance store.
(2) Auto part store.
(3) Auto, boat, and other recreational vehicle sales.
(4) Bed and breakfast facilities (owner occupied, no unit restrictions).
(5) Building supplies.
(6) Car wash.
(7) Convenience stores, including those with fuel service.
(8) Dry cleaners.
(9) Eco-tour businesses (provided that no mechanically propelled/motorized vehicles are used).
(10) Grocery stores.
(11) Hardware store.
(12) Hotel/motel complexes.
(13) Indoor shooting range.
(14) Multi-family structures including apartment complexes condos.
(15) Pet store (no outside kennel facilities).
(16) Service stations, including full service.
(17) Shopping center (shop types should be in compliance with District A guidelines).
(18) Tack and feed store.
(19) 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) Multiple building projects. Projects with more than one principal building per lot shall be submitted for site plan review under Section 22-31, "Group Development" and shall be subject to the dwelling density limitations of this section. Gross building size shall not exceed a maximum area of 20,000 square feet per individual building, excluding decks and porches. This gross building size limitation shall not apply to hotels and/or motels.
(2) Marinas as defined in Section 22-2.
(3) Hotels, motels, and similar structures.
(4) Workforce housing units - conditional use review if two or more WHU units subject to provisions of Section 22-58.7.
(5) Educational housing projects subject to the provisions of Section 22-58.8.
(6) Special use subdivisions subject to the provisions of Section 22-58.9.
(d) Dimensional requirements for residential development:
(1) Single-family structures and duplex structures shall comply with, the dimensional standards established in the MH-A district; (Amended 10-15-2018)
(2) Multi-family structures:
a. Structures on a lot or tract that has no soils classified as coastal marsh or Section 404 jurisdictional soils: 5 units per acre.
b. Structures on a lot or tract that has between .01% and 19.9% of soils, or Section 404 jurisdictional soils: 4 units per acre.
c. Structures on a lot or tract that has 20% or more of its soils classified as coastal marsh or Section 404 jurisdictional soils: 3 units per acre.
(3) Height limitation. Highest floor level shall be no greater than 35 feet above the lowest ground grade within a 50 foot perimeter of the exterior walls of the structure. Overall height from ground level to its highest points shall not exceed 52 feet.
(e) Dimensional requirements for commercial development:
(1) Minimum lot size. Commercial lots shall be of sufficient size to meet requirements of the Dare County Health Department, to provide adequate siting for structures and provide parking, loading and maneuvering space for vehicles. In addition, a visual buffer is required where a commercial use or zone abuts a residential use or zone.
(2) Minimum front yard setback: 15 feet.
(3) Minimum side yard: 10 feet. No side yard is required if commercial buildings are constructed with a common wall. An additional 5 foot adjacent to the street is required for a corner lot.
(4) Minimum rear yard: 20 feet.
(5) Maximum allowable lot coverage: 60%.
(6) Height limitation: Highest floor level shall be no greater than 35 feet above the lowest ground grade within a 50 foot perimeter of the exterior walls of the structure. Overall height of a structure from ground level to its highest point shall not exceed 52 feet.
(7) Maximum gross building size: 20,000 square feet excluding decks, porches, and similar non-heated space.
(8) No industrial use shall be permitted which has noxious, harmful or deleterious effects on other development, with the exception of boat building industries. (Adopted 5- 21-07)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 5-17-2023)