(a) Scope and intent: The intent of the East Lake Residential zoning district is to provide for single-family residential land use including mobile homes on individual lots or located in addition to single family residences on a lot. The East Lake Residential district will promote stable, permanent residential neighborhoods characterized by a low impact of development and a limited range of commercial uses.
This district prohibits excavation land uses that extract ground material or mine (i.e. soil, sand, or gravel) for use at another location.
Any structure in existence on April 15, 2013 which is 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 nonconforming structures which are voluntarily removed or demolished by the property owner. State and federal rebuilding regulations may apply to any rebuilding project.
Any use in existence as of April 15, 2013 shall be allowed to continue in operation without seeking approval from Dare County if that use is listed as a permitted use or a special use in the East Lake Residential zoning district. Additions or expansions of uses in existence as of April 15, 2013 shall be subject to administrative review and approval by the Dare County Planning Department for compliance with the zoning regulations. However the construction of additional principal use buildings that constitute a group housing development shall trigger review and approval under the special use permit process except for accessory dwelling units as detailed in (b)(3) below.
(b) Permitted uses: The following uses shall be permitted by right and any use not permitted herein shall be deemed prohibited.
(1) Detached Single-family dwellings.
(2) Duplex structures.
(3) Customary accessory uses in conjunction with a residential use including garages, storage sheds, pools and other accessory use buildings.
(4) Accessory dwelling unit associated with principal residential use subject to compliance with all supplementary local, state, and federal permit approvals and in addition to the following:
a. An accessory dwelling unit may be attached to the principal residence or may be detached from the principal residence. The size of an accessory dwelling unit, whether attached or detached from the principal residence, shall not exceed 900 square feet of heated space.
b. An accessory dwelling unit, whether attached to or detached from the principal residence, shall be located on the site in conformance with the building setbacks of this zoning district.
c. The owner of the property and/or family member shall occupy either the primary residence or accessory dwelling unit.
d. One additional off-street parking space shall be required.
e. Travel trailers and recreational vehicles shall not be used as accessory dwelling units.
f. Accessory dwelling units may be used for home occupations as defined in Section 22-2 of the Zoning Ordinance.
(5) Mobile homes on individual lots 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 areas are complied with.
(6) Mobile Home Exceptions - The placement of not more than two mobile homes or one mobile home and one single family home on the same lot in single ownership provided that:
a. The area of the lot to be exempted is not less than 40,000 square feet or 30,000 square feet if a central water supply is available.
b. The soils on the lot to be exempted have been evaluated and determined to be suitable for on-site septic tank system (or systems) of a size sufficient to dispose of wastewater from both units according to the minimum specifications.
c. All structures are located on the property consistent with the setback requirements of subsection (d) and are separated by not less than 20 feet from the other mobile home or single family home located on the same site.
(7) County owned or leased facilities.
(8) Family child care homes and residential child care center as defined in Section 22-2 of the Zoning Ordinance.
(9) Commercial fishing operations including boat storage, net storage, crab pot storage and crab shedding operations.
(10) Agriculture, farming, livestock, waterfowl, poultry, and related activities for personal use.
(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. Any use not permitted herein shall be deemed prohibited.
(1) Bed and Breakfast home as defined in Section 22-2.
(2) Home occupations as defined in Section 22-2 of the Dare County Zoning Ordinance.
(3) Resident businesses provided that:
a. Family member(s) resides on premises. One additional employee may be employed at the resident business.
b. Merchandise produced on or off the premises may be sold at the business.
c. The total square footage designated as the resident business area may not exceed 40% of the total floor area of the home or an area of the same size in an accessory building may be dedicated for residential business use provide such building is located on the same site.
d. Parking requirements of Section 22-56 for the proposed use shall be applied or a minimum or two additional parking spaces in addition to those dedicated to the residential use.
e. The following list of uses may be permitted as a resident business in the ELR district:
1. Offices: business, professional, medical and financial including contractors and subcontractors offices. There shall be no outside storage of supplies or materials at contractors and subcontractors offices; such supplies and materials must be stored in an enclosed structure.
2. Retail/wholesale - sales of antiques and furniture; apparel, books, baked goods; bait and tackle; electronics and computers; flowers; ice cream; coffee products; fruit and vegetable stands; gifts, art supplies and crafts; hunting, sporting and fishing supplies; jewelry; toys; photography products.
3. Service establishments - beauty salons including nail, tanning and spa services; barber shops; landscape and lawn care; photographer; caterer; music lessons; boat repair and engine repair; kayak and non-motorized boat rentals.
(4) Churches, church-related facilities, and cemeteries.
(5) Child care facilities which are an accessory use of an existing or proposed church, public school, or other public building.
(6) Fire stations and other public buildings.
(7) Privately-owned fishing ponds and recreational areas.
(8) Public and private utility facilities and substations if located on a site that is a minimum of 300 feet from any lot for residential purposes (measured from the lot line) or any residential district boundary.
(9) Travel trailer parks and campgrounds subject to the provisions of the Dare County Travel Trailer Park Ordinance. Travel trailers may be left in the campground according to the specifications of the Dare County Flood Ordinance and the Dare County Travel Trailer Park Ordinance.
(10) Residential group housing developments subject to the following conditions:
a. The site must be a minimum of one acre in size.
b. Only those residential uses listed in the ELR district may be authorized as part of a group housing development.
c. Other provisions of Section 22-31 of the Dare County Zoning Ordinance that may apply.
(11) Educational housing projects subject to the provisions of Section 22-58.8.
(12) Special use subdivisions subject to the provisions of Section 22-58.9.
(d) Dimensional requirements:
1. Minimum lot size:
a. Single family lots regardless of method of drinking water supply and wastewater disposal: 20,000 contiguous square feet of soils not classified as coastal wetlands.
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 setback: 25 feet from front property line.
4. Minimum side yard setback: 10 feet from side property line. An additional 5 feet adjacent to the street is required for a corner lot.
5. Minimum rear yard setback: 20 feet from rear property line.
6. Maximum allowable lot coverage: 30% as defined in Section 22-2. Lot coverage up to 50% of the lot area may be authorized for those sites with an accessory dwelling unit, a mobile home exemption, resident business, church, child care facilities associated with a church, fire station or other public building.
7. Maximum height limitation: 45 feet to the highest portion of the roof measured from the lowest natural ground grade within a 50-foot perimeter of the exterior walls or outer perimeter 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.
(e) Other standards:
(1) Unoccupied structures and their yards in platted subdivisions shall be maintained by the property owner. This includes securing of the structure from unimpeded access, i.e., no broken windows or doors; maintaining proper skirting under mobile homes; and maintaining the site consistent with the standards of the Dare County Nuisance Ordinance to avoid infestations of mosquitos, snakes, and other vermin.
(2) The Dare County Sign Ordinance shall apply to all zoned areas. No additional billboards or outdoor advertising shall be erected on privately-owned property or along the rights-of-way of the existing alignment of Highway 64 or any future expansion of State-maintained highway road improvements/rights-of-way after the date of adoption of this ordinance.
(3) The parking of trucks, including 18-wheeled trucks, shall be permitted if the trucks are owned, leased, or operated by the person residing on the property and used for business or work related duties.
(f) Non-conformities:
(1) 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 by the property owner. State and federal rebuilding regulations may apply to any rebuilding project.
(2) Any structure that is in existence on April 15, 2013 that is rendered non-conforming with the dimensional setbacks of this zoning district shall be considered a pre-existing non-conforming structure. Additions, expansions, or remodeling of a non-conforming structure shall not be authorized if the proposed addition or expansion will increase the non-conforming aspect of the structure. However, this provision shall not be interpreted to preclude the addition, expansion, or remodeling of any non-conforming structure if such project can be accomplished in manner that does not increase the non-confirming aspect of the structure.
(3) Non-conforming lots of record: The following setbacks and lot coverage standards shall apply to any lot of record as of April 15, 2013 that does not meet the dimensional standards of section (d)(1) of the ELR district.
a. Lots with 5,000 square feet or less:
1. Front yard setback - 15 feet.
2. Side yard setback - 5 feet. For corner lots, the side yard setback shall be 7 feet on the side of the lot that abuts the street.
3. Rear yard setback - 20 feet.
4. Lot coverage: 60% of the lot square footage but not to exceed a maximum of 2,500 square feet.
b. Lots with 5,001 square feet to 10,000 square feet.
1. Front yard setback - 20 feet.
2. Side yard setback - 8 feet. For corner lots, the side yard setback shall be 10 feet on the side of the lot that abuts the street.
3. Rear yard setback - 20 feet.
4. Lot coverage: 50% of the lot square footage but not to exceed a maximum of 4,000 square feet.
c. Lots with 10,001 square feet to 14,999 square feet:
1. Front yard setback - 25 feet.
2. Side yard setback - 8 feet. For corner lots, the side yard setback shall be 10 feet on the side of the lot that abuts the street.
3. Rear yard setback - 20 feet.
4. Lot coverage: 40% of the lot square footage but not to exceed a maximum of 4,500 square feet.
d. Lots with 15,000 square feet to 19,999 square feet.
1. Front yard setback - 25 feet.
2. Side yard setback - 10 feet. For corner lots, the side yard setback shall be 15 feet on the side of the lot that abuts the street.
3. Rear yard setback - 20 feet.
4. Lot coverage: 30% of the lot square footage. (Adopted 4-15-2013)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 5-17-2023)