The following regulations shall apply to the C-2H general commercial district:
(a) Intent. The C-2H 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 to the R-2H 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) Accessory dwelling units. (Adopted 10-15-018)
(10) 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) Boat building and boat repair facilities. Boat building and boat repair facilities may be permitted subject to other requirements of this chapter and provided that all of the following conditions are met:
a. Any proposed boat building and repair facility shall be located within a 200 feet radius of an existing full-service commercial marina. Private boat ramps or boat launching facilities associated with private subdivisions and housing developments shall not be considered as marinas for the purpose of this condition.
b. Any proposed boat building and repair facility shall be located on a lot with its entire frontage along a state numbered highway. This shall not include roads in the secondary road maintenance system and designated with a SR number.
c. A boat building and repair facility shall be located on an individual lot or a subdivision lot with no deed restrictions or covenants that prohibits commercial activity.
d. Any proposed boat building and repair facility shall be located on a site no less than 20,000 square feet in area and no greater than 40,000 square feet in area.
e. Any proposed boat building and repair facility shall not exceed a gross floor area of 2,500 square feet.
f. Any proposed structure constructed for boat building activities shall not be located within a 200 feet radius of any residential structure in existence at the time application for such boat building facility is submitted for review by the Planning Board.
(5) Fishing piers provided that the pier and the pier house structures conform to the definitions and requirements of the NC Division of Coastal Management and subject to the following standards:
a. The fishing pier shall be open to the general public.
b. In order to access the ocean, the fishing pier shall be exempt from the rear yard setback requirements of this district. The fishing pier, however, shall maintain a 100-foot minimum side yard setback within the property and at the point where it crosses the rear property line.
c. A pier house is defined as a structure attached to a fishing pier which shall provide complimentary commercial retail and restaurant uses.
d. For a pier house, ocean setback requirements of the NC Division of Coastal Management shall govern the rear yard (ocean side) requirements. The rear yard requirements shall of this district shall not apply.
e. A pier house footprint shall not exceed 5,000 square feet.
f. There shall be no residential use of a fishing pier or the pier house.
g. Parking may be provided off-site as long as no required parking is located no more than 600 feet from the main entrance of the pier house.
h. Parking lot lighting shall be comprised of cut-off fixtures such that no direct light is focused towards the ocean. (Adopted on 6-18-2012)
(This section was added to the C-2H district by the Dare County Board of Commissioners on November 15, 2004.)
(6) Workforce housing units - special use review if two or more WHU units subject to provisions of Section 22-58.7.
(7) Educational housing projects subject to the provisions of Section 22-58.8.
(8) Special use subdivisions subject to the provisions of Section 22-58.9.
(d) Dimensional requirements.
(1) Minimum lot size: Commercial lots shall be of sufficient size to meet 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) Building height: 45 feet measured from the established ground elevation to the highest elevation of any feature of the primary structure or portion of the roof, excluding those architectural features known as cupolas and observation towers that meet the requirements of Section 22-29 (c) of this ordinance. The height shall be calculated from the approximate center of the structure. Chimneys, lighting rods, weather vanes, wind gauges and other similar roof appurtenances shall not be considered the highest portion of the roof. For purposes of this Section, established ground elevation is defined as the highest of (1) natural ground elevation before any land disturbing activities; (2) unnatural ground elevation created by the placement of fill on a site on or before June 2, 2003; or (3) the re-grading of natural topographic conditions in preparation of construction activities.
a. Elective elevation option – For those structures that are constructed with the bottom of the floor joist located above 8 feet NAVD 1988, one foot of building height may be added for each one foot increment increase in elevation above 8 feet NAVD 1988. However in no instance shall the overall building height exceed 52 feet to the highest elevation of any feature of the structure or portion of the roof. Any improvements located in the increased elevation area shall be subject to the restrictions of subsection (d) storage area detailed below.
b. Habitable floors – No structure shall feature more than three (3) habitable floors or three (3) habitable stories measured from the bottom of the floor joist to the top of the top plate, excluding those architectural features known as cupolas and observation towers that meet the requirements of Section 22-29 (c) of this ordinance.
c. Roof pitch – The pitch of the roof shall be a minimum of 4/12.
d. Storage area – For those structures with a storage area enclosure may be located below 8 feet NAVD, the size of the enclosure area shall not exceed 25% of the square footage of the structure, or 300 square feet, whichever measurement is less. For the purposes of calculating the square footage allowed in the storage area, decks, porches, and other non-heated areas of the structure shall be included in the footprint square footage area. Storage areas shall be vented according to the standards of the National Flood Insurance Program regulations (one square inch of vents for every square foot of floor space). Elevator equipment may be located in the storage area as permitted by the National Flood Insurance Program regulations and other applicable state building codes. The remaining area of the foundation or piling area shall remain open and unobstructed by walls, enclosures, or other structural improvements that may serve as obstructions to storm surge tides or flood waters. Storage area enclosures shall be excluded from the calculation of subsection (b) habitable floors of this section. (Adopted by the Dare County Board of Commissioners on July 19, 2004.)
(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 or all of the 50-foot separation zone. (11-20-75) art. 7, 7.10, 2-6-78, 3.)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)