The following regulations shall apply to the C-2 general commercial district:
(a) Intent. The C-2 district is established to provide for the proper grouping and development of commercial facilities to serve permanent residents and the general public.
(b) Permitted uses. The following 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. Musical instruments.
p. Notions.
q. Sporting goods.
r. Toys.
s. Food stores.
(3) Secondary retail stores, including such uses as:
a. Antiques.
b. Household appliances.
c. Boat display and sales.
(4) Service establishments, including such uses as:
a. Barber and beauty shops.
b. Marinas.
c. Cafeterias.
d. Churches.
e. Dry cleaning and laundry pick-up stations, including laundromats.
f. Funeral homes.
g. Motels and hotels.
h. Parking lots.
i. Radio and television broadcasting studios.
j. Restaurants.
k. Shoe repair.
l. Theaters.
m. Family child-care homes as defined in section 22-2. (Adopted 11-5-90)
n. Residential child care centers as defined in section 22-2. (Adopted 11-5-90)
o. Commercial child-care centers as defined in section 22-2. (Adopted 11-5-90)
p. Food stands and mobile food units. (Adopted 3-19-2018)
(5) Single-family dwellings, multi-family dwellings and duplexes, according to the dimensional requirements of the R-3 residential district. (Amended 10-15-2018)
(6) Public and private schools.
(7) County owned or leased facilities.
(8) Fire stations and other public buildings.
(Adopted 5-16-11)
(9) Indoor recreation uses. (Adopted 12-20-16)
(10) Accessory dwelling units. (Adopted 10-15-2018)
(11) 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) Automobile service stations; provided, that no principal or accessory building shall be located within fifty feet of a residential use or district, that there shall be no storage of wrecked or abandoned cars and that no portion of a service station building, equipment or gas pumps shall be nearer than twenty-five feet to any right-of-way.
(2) Public and private utility facilities.
(3) Seafood market.
(4) Workforce housing units - special 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.
(7) Storage warehouses.
(d) Dimensional requirements.
1. Minimum lot size: Commercial lots shall be of sufficient size to meet the requirements of the County Health Department, to provide adequate siting for structures and to provide parking, loading and maneuvering space for vehicles as required by Article VII of this chapter. In addition, a visual buffer is required where a commercial use or zone abuts a residential use or zone.
2. Minimum front yard: 15 feet.
3. Minimum side yard: 10 feet. No side yard required if commercial building constructed with a common wall. An additional 5-foot 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. No building or other facility, such as parking areas, incinerators, trash collection areas, etc., shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a road and its right-of-way along such boundary may be included as part of all of the 50 foot separation zone. (11-20-75) art. 7, 7.10, 2-6-78, 3.)
8. Maximum gross building size: 20,000 square feet excluding decks, porches, and similar non-heated space. Non-heated space including decks and porches shall not be used as retail space, for the display of goods, or other commercial activities.
Group developments with 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. (Adopted by the DCBC on May 6, 2002)
9. In the event a natural disaster or accidental occurrence leads to extensive damage (in excess of 50% value) of a structure or group development project in existence prior to May 6, 2002, such structure or group development may be repaired, replaced or reconstructed to 100% of its status prior to damage or destruction but no greater unless otherwise authorized by the Dare County Board of Commissioners. (Adopted 2-19-07)
10. Commercial group developments constructed prior to October 20, 1992 which are served by a centralized wastewater treatment system that could not be built under the terms of this chapter by restrictions on lot coverage, height, yards, location, and off-street parking shall be allowed to continue in operation and may be redeveloped subject to the following provisions:
a. No structure which is part of the commercial group development shall be enlarged, replaced, or externally altered in a manner that increases any non-conforming aspect of the structure and/or the overall commercial group development site. However, any such structure may be externally altered or replaced if such redevelopment activity results in a decrease of its nonconforming status. Structures that are replaced and redeveloped may be used for any permitted or special use authorized in sections 22-23 or 22-25 of this appendix. For the purposes of this section, externally altered shall not be interpreted to prevent painting of the exterior, replacement of exterior materials, or other cosmetic changes or maintenance of the structure or portions thereof. This shall not apply to interior alterations, remodeling, or other improvements made to internal portions of any structure located on the commercial group development site.
b. A decrease of 7% of the existing lot coverage shall be required for that portion of the commercial group development site or parcel on which the structure to be altered or replaced is located. If the commercial group development is located on more than one parcel, then the lot coverage decrease shall apply to that parcel only and not the overall group development site.
c. The off-street parking requirements of section 22-56 shall only be applied to that portion of the commercial group development site or parcel where the structure proposed for alternation or replacement is located. No other changes in the parking ratio for the remaining structures or portions of the commercial group development shall be required as a part of the redevelopment activities. Existing parking areas in the commercial group development may be connected to the parking areas or access easements in the redeveloped portions of the site.
d. Building heights for any redevelopment activities in any existing commercial group development shall be according to section 22-27.4 Height Overlay district for properties located on Hatteras Island.
e. Dwelling densities for multifamily structures located in the commercial group development shall be twenty (20) units per acre applied to the overall area of the parcel to be developed.
f. A subdivision of the land occupied by the commercial group development may be authorized by Dare County if such subdivision of land meets the required minimum lot size in effect at the time of the proposed subdivision of the commercial group development site. Redevelopment activities on any lot created by such subdivision of land shall be subject to the provisions of subsections a. - e. above. (Adopted 1-6-14; Amended 11-15-2021)
(Am. Ord. passed 2-19-2019; Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 11-15-2021)