(a) Intent. The SNC District is established to provide proper grouping and development of small commercial facilities to serve neighborhood residents and the general public. Several public water supply wells owned by Dare County are located in the surrounding area as well as large expanses of wetlands. The commercial land uses permitted in this neighborhood district are less numerous and include limitations that are not found in other commercial zoning districts.
(b) Permitted uses. Any use in existence on June 18, 2007 shall be allowed to continue in operation without seeking approval from Dare County. Additions or expansions of uses in existence on June 18, 2007 shall be subject to administrative review and approval by the Dare County Planning Department for compliance with the zoning regulations. Construction of additional principal use structures at existing business sites that would require a special use permit if not already established prior to June 18, 2007 shall trigger review and approval under the special use permit process.
The following uses shall be permitted by right and any use not permitted herein shall be deemed prohibited:
(1) Single family dwellings.
(2) Customary accessory uses.
(3) Duplexes.
(4) Greenhouses.
(5) Small and large bed and breakfast homes as defined in Section 22-2.
(6) Home occupations as defined in Section 22-2.
(7) Neighborhood service facilities, including:
a. Automotive repair service center including towing and storage. Not to include fuel service.
b. Subcontractor (HVAC, plumbing, electrical) sales and service.
c. Beauty and barber shops.
d. Florist.
e. Woodworking and carpentry.
f. Fitness centers.
g. Nursery and garden shops (retail and wholesale).
h. Marine and fishing supply.
i. Seafood market as defined in Section 22-2.
j. Small engine repair.
k. Machine shops.
l. Small specialty fabrication.
(8) Crab shedding operations (maximum 50 shedders) including crab pot storage and other crabbing operations.
(9) County owned or leased facilities.
(10) Multifamily dwellings not to exceed 6 dwelling units per acre.
(11) Commercial storage yards as defined in Section 22-2 provided the following conditions are met:
a. Storage areas shall be enclosed with fencing for security purposes. Such fencing shall be at least 6 feet in height but shall not exceed 10 feet in height. The security fencing shall be maintained as needed by the property owner.
b. A vegetative buffer in addition to the security fencing shall be installed and perpetually maintained where the storage yard abuts a residential zone or a residential use to the side or the rear of the site. The vegetative buffer shall be of a sufficient size and height to effectively buffer the site from the abutting residential zone or residential use. A plan detailing the type, size, and species of vegetation proposed for use as a buffer shall be provided to the Zoning Administrator for review and approval. Existing on-site vegetation may be used if deemed to be sufficient by the Zoning Administrator.
c. There shall be no storage of inoperable or junked vehicles and equipment; unoccupied mobile (manufactured) homes; unattached flatbed trailers or container-type trailers designed for connection to tractor-trailer trucks; or large pieces of equipment used in dredging operations, road construction, and other industrial uses. Any vehicle or trailer stored on the site shall have a valid license plate and/or valid owner registration.
d. No recreational vehicles, travel trailers, or campers stored on the site shall be occupied or used for habitation while stored at the site.
e. All vehicles and equipment stored on the site shall be locked, enclosed or otherwisefashioned to such an extend that it is impossible for a child to obtain access or be entrapped in such vehicle or equipment.
f. There shall be no bulk storage of fuel, paint, or other combustible or hazardous materials at the site. (Adopted 8-15-11)
(12) Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)
(13) Workforce housing - administrative review for one WHU subject to provisions of Section 22-58.7.
(14) Cluster home developments subject to the provisions of Section 22-31.1.
(15) Workforce housing units - special use review if two or more WHU units subject to provisions of Section 22-58.7.
(16) Educational housing projects subject to the provisions of Section 22-58.8.
(c) Special uses. Any use in existence on June 18, 2007 shall be allowed to continue in operation without seeking approval from Dare County. Additions or expansions of uses in existence on June 18, 2007 shall be subject to administrative review and approval by the Dare County Planning Department for compliance with the zoning regulations. Construction of additional principal use structures at existing business sites that would require a special use permit if not already established prior to June 18, 2007 shall trigger review and approval under the special use permit process.
The following special uses, and no other special uses may be 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) Offices including:
a. Business.
b. Financial.
c. Governmental.
d. Medical.
e. Professional.
(2) Family child care homes and residential child care centers as defined in Section 22-2.
(3) Public and private utilities.
(4) Fire stations.
(5) Retail sales and food stores (not to include fuel service).
(6) Churches (excluding day care).
(7) Public and private parks.
(8) Outdoor recreation facilities provided the following conditions are met:
a. The site is not located closer than 500 feet to any residential use or residential zone.
b. Paved parking shall be provided at the rate of one parking space per square feet of principal use ground area plus once for each two employees.
c. Holding lanes shall be provided on the site for automobiles entering and leaving the site to minimize traffic congestion on public roads.
d. Lighting shall be arranged and shielded so that light and glare is directed away from surrounding property.
e. Loudspeakers or sound amplification devices which are audible over 100 feet from the site shall not be permitted.
f. The entire site shall be buffered by dense vegetation (planted or natural) not less than eight feet in height and ten feet in width.
(9) Resident businesses provided that:
a. Family members resides on premises plus one other non-residential employee.
b. Merchandise produced on or off 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 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 in the accessory building or in combination of the home and the accessory building.
d. One indirectly lighted sign, each side not to exceed four square feet may be installed on the site.
e. Parking requirements of Section 22-56 for the proposed use shall be applied.
(10) Storage buildings provided a vegetative buffer not less than 10 feet in height is provided along public rights-of-way and adjacent to any residential use or zone.
(11) Group housing developments consisting of single family homes and subject to the provisions of Section 22-31.
(12) Group housing developments consisting of multifamily structures subject to the provisions of Section 22-31. Maximum dwelling density shall not exceed 6 dwelling units per acre.
(13) Group developments according to the provisions of Section 22-31.
(d) Dimensional requirements for residential uses.
(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.
d. Resident business: 30,000 contiguous square feet of soil not classified as a coastal wetland.
e. 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: 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: 25 feet.
(6) Maximum allowable lot coverage by principal use and all accessory structures: 30%.
(7) Height limitation: 35 feet.
(8) Maximum gross building size: 10,000 square feet excluding decks, porches, and similar non-heated space. Non-heated space shall not be used as retail space, for the display of goods, or other commercial activities.
(e) Dimensional requirement for commercial uses.
(1) Minimum lot size: Commercial lots shall be of sufficient size to meet the 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 is commercial use abuts a residential use or zone.
(2) Minimum front yard: 15 feet.
(3) Minimum side yard: 10 feet. An additional 10-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 structures: 60%.
(6) Height limitation: 35 feet.
(7) Maximum gross building size: 10,000 square feet excluding decks, porches, and similar non-heated space. Non-heated space shall not be used as retail space, for the display of goods, or other commercial activities.
(f) Non-conformities.
(1) In the event a natural disaster or accidental occurrence leads to extensive damage of an existing structure or use, that use or structure may be repaired or replaced to 100% of its status as of June 18, 2007 but no greater and only to the extent that it cannot be built in conformity with these regulations. This right to repair or replace a non-conforming structure or use shah apply in perpetuity.
(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 6-18-2007; amended 11-20-2017)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)