SECTION 22-24.1 - SP-C NEIGHBORHOOD COMMERCIAL DISTRICT
   (a)   Intent. The SP-C district is established to provide limited commercial areas to serve existing or developing residential neighborhoods in the county. The intent of this district is to provide goods and services for permanent residents and seasonal visitors.
   (b)   Permitted uses. The following uses, and no other uses, shall be permitted by right:
      (1)   Offices, including such uses as:
         a.   Business.
         b.   Financial.
         c.   Governmental.
         d.   Medical and professional.
      (2)   Primary retail stores, including such uses as:
         a.   Books.   
         b.   Cameras.
         c.   Candy.
         d.   Clothing.
         e.   Craft goods.
         f.   Dry goods.
         g.   Drugs.
         h.   Flowers.
         i.   Gifts.
         j.   Hardware.
         k.   Hobby goods.
         l.   Jewelry.
         m.   Leather goods.
         n.   Magazines.
         o.   Notions.
         p.   Sporting goods.
         q.   Toys.
         r.   Food stores.
         s.   Antique stores.
      (3)   Service establishments including such uses as:
         a.   Barbershops and beauty shops.
         b.   Churches.
         c.   Dry-cleaning and laundry pick-up stations, including laundromats.
         d.   Family child care homes as defined in Section 22-2.
         e.   Residential child care centers as defined in Section 22-2.
         f.   Commercial child care centers as defined in Section 22-2.
      (4)   Detached single-family dwellings and mobile homes on individual lots.
      (5)   Public and private schools.
      (6)   County owned and leased facilities.
      (7)   Crabbing shedding operations (maximum of 50 shedders) including crab pot storage and other crabbing operations.    
      (8)   Seafood sales and markets.
      (9)   Fish houses and dockage.
      (10) Public boat docks and ramps and ferry docks including associated parking areas.
      (11) Cabinet making facilities.
   (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)   Gas pumps in conjunction with a permitted uses under subsection (b) of this section; provided that no principal or accessory building shall be located within fifty feet of a residential use or residential district and that any such gas pumps shall be set back at least twenty-five feet from all rights-of-way.
      (2)   Public and private utility facilities.
      (3)   Private boat launching facilities and marinas not to include rental of boats or other personal watercraft.
      (4)   Restaurants.
      (5)   Crabbing shedding operations with more than 50 shedders.
      (6)   Automobile service and repair stations.
      (7)   Marine and boat repair facilities.
      (8)   Fire stations and other public buildings.
(Adopted 5-16-11)
      (9)   Brewery for the on-site manufacture of malt beverages and beer subject to the following conditions:
         a.   Brewery shall be located on site with frontage on Highway 264. The site shall not contain less than 40,000 square feet of area.
         b.   The brewery structure shall not exceed 10,000 square feet of heated gross floor area.
         c.   No portion of the building or processing area shall be located closer than 75 feet to a residential use. There shall be no outdoor storage of raw materials used in the manufacture of malt beverages.
         d.   Minimum parking requirement. On-site parking for delivery trucks and employees shall be provided at a ratio of one 10 feet by 20 feet parking space per 1,000 square feet of heated gross floor area or a minimum of ten spaces whichever is less.
         e.   The brewery shall be connected to the Stumpy Point central wastewater treatment system and shall be operated in compliance with all applicable
rules and regulations associated with connection to this system. (Adopted 7-21-14)
      (10)   Food stands and mobile food units. (Adopted 3-19-2018)
      (11)   Special use subdivisions subject to the provisions of Section 22-58.9.
   (d)   Dimensional requirements for all uses other than detached single-family dwellings and mobile homes located in the SP-C zone.
      (1)   Minimum lot area: Commercial lots shall be of sufficient size to meet requirements of the Dare County Health Department and to provide adequate area for structures, parking, loading and maneuvering space. In addition, a visual buffer of vegetation or fencing is required where a commercial use abuts a residential use or zone.
      (2)   Minimum front yard: 15 feet.
      (3)   Minimum side yard: 10 feet. No side yard is required if commercial building is constructed with a common wall. An additional 5 foot side yard adjacent to the street is required for a corner lot.
      (4)   Minimum rear yard: 20 feet.
      (5)   Maximum allowable lot coverage by principal use and all accessory uses: 60 percent.
      (6)   Height limitation: 45 feet. An additional increase, not to exceed 2 feet, of building height may be granted to structures in existence on March 15, 2004 that are elevated to mitigate flood hazards.
   (e)    Dimensional requirements for detached single-family dwellings and mobile homes located in the SP-C zone.
      (1)   Minimum lot size:
         a.    Single-family lots served by a private well and an on-site septic tank/drainfield system: 20,000 contiguous square feet of soil not classified as a coastal wetland.
         b.   Single-family lots served by a central water supply and an on-site septic tank/drainfield system: 15,000 contiguous square feet of soil not classified as a coastal wetland.
         c.   Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 contiguous square feet of soil not classified as a coastal wetland.
      (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 setback adjacent to the street is required for a corner lot. For lots with less than 75 feet of width, the side yard setback shall be 8 feet.
      (5) Minimum rear yard: 20 feet.
      (6)   Maximum allowable lot coverage by principal use and all accessory structures and uses: 30 percent.
      (7)   Height limitation: 45 feet. An additional increase, not to exceed 2 feet, of building height may be granted to structures in existence on March 15, 2004 that are elevated to mitigate flood hazards.
   (f)   Non-conformities:
      (1)   In the event a natural disaster or accidental occurrence leads to extensive damage of an existing structure that use or structure may be repaired or replaced to 100% of its status as of March 15,2004, but no greater and only to the extent that it cannot be built in conformity with these regulations. This provision shall become invalid on March 15, 2054.
      (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.
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)