The following regulations shall apply to the C-3 commercial district:
(a) Intent. The C-3 district is established to provide for the development of commercial facilities to furnish a broad range of services and commodities to serve the entire community.
(b) Permitted uses. The following uses shall be permitted by right:
(1) All permitted uses allowed within the C-2 general commercial district. Single- family dwellings, multi-family dwellings and duplexes according to the dimensional requirements of the R-3 residential district. The maximum dwelling density for multi-family structures shall not exceed ten units per acre. (Amended 10-15-2018)
(2) Automobile sales and service.
(3) Indoor recreation activities.
(4) Building supply and equipment sales.
(5) Plumbing supply and equipment sales.
(6) Cabinet and woodworking shops.
(7) Bus terminals.
(8) Building contractors offices and storage areas.
(9) Farm machinery supplies, sales and repairs.
(10) Mobile home or recreational vehicle display and sales.
(11) Boat display and sales.
(12) County owned or leased facilities.
(13) Boat engine repair and boat maintenance. (Adopted 5-2-2011)
(14) Workforce housing - administrative review for one WHU subject to provisions of Section 22-58.7.
(15) 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 otherwise fashioned to such an extent 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 10-21- 2019)
(16) Travel trailer parks and campgrounds. (Adopted 10-19-2020)
(17) Package distribution and delivery services. (Adopted 9-20-2021)
(c) Special Uses. The following special uses shall 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 or Chapter 152 of this code:
(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 not 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) Outdoor recreation activities. Outdoor recreation activities, including amusement parks, rides and other similar activities, may be permitted subject to other requirements of this chapter and provided the following conditions are met:
a. The site shall not be located closer than 500 feet to any land suitable for development and zoned residential.
b. Paved parking shall be provided at the rate of one parking space per 200 square feet of principal use ground area plus one 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 hundred feet from the site shall not be permitted.
The entire site shall be buffered by dense vegetative planting or natural vegetation not less than eight feet in height and ten feet in width. Suitable plant types for a site not containing natural vegetation shall be those recommended for the coastal area by the U.S. Department of Agriculture, such as Japanese Pine, Bayberry, Wax Myrtle or other types, which will reach a matured growth of eight to ten feet within three years.
(5) Biodiesel fuel production, subject to the following conditions and additional regulations and requirements imposed by the Dare County Board of Commissioners as provided in Article IX of this chapter or Chapter 152 of this code:
a. A structure, of suitable size to house all production equipment shall be approved by the Dare County Health Department, Building Inspector and Fire Marshal;
b. All production facilities including structures, storage tanks, equipment and other appurtenances shall conform with setbacks established for primary use structures;
c. Verification from the U.S. Environmental Protection Agency, and all other applicable agencies, shall be submitted to indicate that all environmental requirements have been met;
d. The facility shall be registered with the North Carolina Department of Revenue;
e. The developer shall verify that production waste will be disposed of with a suitable disposal service or facility;
f. Reactor size shall not exceed a 700 gallon capacity. Assurance of reactor size shall be provided by the manufacturer and/or registered engineer;
g. Fuel production shall not exceed 500 gallons per week;
h. A 5 foot wide vegetative buffer is required along those property boundaries adjacent to a residential use or district; and
i. A 15 foot wide, improved access shall be provided to the site. (Adopted 12-1-2008)
(6) Vehicle storage impoundment facility provided the following conditions are met:
a. Vehicles shall only be stored on a short-term basis which is defined as 60 consecutive days for the purpose of this regulation.
b. A vehicle storage impoundment facility shall be located on a site no greater than 40,000 square feet in area.
c. Storage areas shall be enclosed with fencing for security purposes. Such fencing shall be 8 feet in height. If chain link fencing is approved for use by Dare County, then such fencing shall include slatting within the fence openings in the same color as the fence material. The security fencing shall be maintained as needed by the property owner. Solid fencing may be required by Dare County as determined during conditional use review of the site based on the existing land uses adjacent to the proposed vehicle storage impoundment facility.
d. 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 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. Existing vegetation may be used if of sufficient size to effectively buffer the site. If existing vegetation cannot be used, then 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. The vegetative buffer shall be maintained as needed by the property owner. Solid fencing of wood or other solid materials may be required by Dare County.
e. All vehicle storage areas and buffers shall be located a minimum distance of 100 feet from the front property line of any property that abuts US Highway 64 on Roanoke Island or abuts NC 12 Highway on Hatteras Island shall be established. All other sites that do not abut these highways shall be subject to the front yard setback of 15 feet as established for the C-3 district.
f. All vehicles stored on the site shall be locked, enclosed or otherwise secured to such an extent that it is impossible for a child to obtain access or be entrapped in a vehicle.
g. The location of all proposed light fixtures shall be depicted on a site plan. Lighting fixtures shall be located on the site and designed, shielded, or oriented in such a manner as to minimize light spill across property lines. No light fixture shall exceed 18 feet in height and the maximum allowable footcandle from any light fixture shall not exceed a maximum of 8 footcandles. Documentation certifying the footcandle rating of any proposed light fixtures shall be submitted with the site plan. It shall be the responsibility of the property owner to ensure that all light fixtures are maintained to ensure compliance with the footcandle rating. (Adopted 1- 22-2013)
(7) Workforce housing units - special use review if two or more WHU units subject to provisions of Section 22-58.7.
(8) Educational housing projects subject to the provisions of Section 22-58.8.
(9) 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 yards 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. (11-20-75, art. 7, 7.11, 2-6-78, 2, 3, 6.)
(7) 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 Dare County Board of Commissioners on May 6, 2002)
(8) 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)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 9-20-2021)