(a) Scope and intent: The intent of the East Lake Commercial Services zoning district is to provide for a mix of residential land uses, a broad range of commercial uses to serve the residents and seasonal visitors, and a limited number of service establishments that offer more intensive services than traditionally associated with retail/office-type commercial districts but not as intensive as those generally associated with an industrial setting.
Any structure in existence at the time of adoption of the zoning on April 15, 2013 which is destroyed or deteriorated by natural means, either partially or in full, may be rebuilt to 100% of its previous extent. This shall not apply to nonconforming structures which are voluntarily removed or demolished by the property owner. State and federal rebuilding regulations may apply to any rebuilding project.
Any use in existence as of April 15, 2013 shall be allowed to continue in operation without seeking approval from Dare County if that use is listed as a permitted use or a special use in the East Lake Commercial Services zoning district. Additions to existing buildings or expansions of uses consistent with this ELCS district that existed on April 15, 2013 shall be subject to administrative review and approval by the Dare County Planning Department for compliance with the zoning regulations. The construction of additional principal use buildings that constitute a group development shall trigger review and approval under the special use permit process except for accessory dwelling units as detailed in (b)(3) below.
(b) Permitted uses: The following uses shall be permitted by right and any use not permitted herein shall be deemed prohibited:
(1) Single family residential structures.
(2) Duplex structures.
(3) Customary accessory uses in conjunction with a residential use including garages, storage sheds, pools, and other accessory use buildings.
(4) Accessory dwelling unit associated with principal residential use subject to compliance with all supplementary local, state, and federal permit approvals and in addition to the following:
a. An accessory dwelling unit may be attached to the principal residence or may be detached from the principal residence. The size of an accessory dwelling unit, whether attached or detached from the principal residence, shall not exceed 900 square feet of heated space.
b. An accessory dwelling unit, whether attached to or detached from the principal residence, shall be located on the site in conformance with the building setbacks of this zoning district.
c. The owner of the property and/or family member shall occupy either the primary residence or accessory dwelling unit.
d. One additional off-street parking space shall be required.
e. Travel trailers and recreational vehicles shall not be used as accessory dwelling units.
f. Accessory dwelling units may be used for home occupations as defined Section 22-2 of the Dare County Zoning Ordinance.
(5) Mobile homes on individual lots provided that:
a. They are placed on foundations and anchored according to the North Carolina State Building Code for mobile homes in a hurricane area.
b. The requirements of the building inspector regarding skirting material and skirting areas are complied with.
(6) Mobile Home Exceptions - The placement of not more than two mobile homes or one mobile home and one single family home on the same lot in single ownership provided that:
a. The area of the lot to be exempted is not less than 40,000 square feet or 30,000 square feet if a central water supply is available.
b. The soils on the lot to be exempted have been evaluated and determined to be suitable for on-site septic tank system (or systems) of a size sufficient to dispose of wastewater from both units according to the minimum specifications.
c. All structures are located on the property consistent with the setback requirements of subsection (d) and are separated by not less than 20 feet from the other mobile home or single family home located on the same lot.
(7) County owned or leased facilities.
(8) Fire stations and other public buildings.
(9) Churches, church related facilities and cemeteries.
(10) Family child care homes and residential child care home as defined in Section 22-2 of the Zoning Ordinance.
(11) Commercial fishing operations including boat storage, net storage, crab pot storage and crab shedding operations.
(12) Bed and breakfast homes and large bed and breakfast homes as defined in Section 22-2 of the Zoning Ordinance.
(13) Agriculture, farming, livestock, waterfowl, poultry, and related activities for personal use.
(14) Home occupations as defined in Section 22-2.
(15) Resident businesses provided that:
a. Family member(s) resides on premises.
b. Merchandise produced on or off the premises may be sold at the business.
c. The total square footage designated as the resident business area may not exceed 40% of the total floor area of the home or an area of the same size in an accessory building may be dedicated for residential business use provide such building is located on the same site.
d. Parking requirements of Section 22-56 for the proposed use shall be applied.
e. The following list of uses may be permitted as a resident business in the ELCS district:
1. Offices: business, professional, medical and financial including contractors and subcontractors offices.
2. Retail/wholesale: sales of antiques and furniture; apparel and shoes; books and magazines; baked goods; bait and tackle; electronic and computers; flowers; ice cream; coffee products; fruit and vegetable stands; gifts, art supplies and crafts; home décor; hunting and fishing supplies; jewelry; toys; photography products; sporting goods.
3. Service establishments: beauty salons including nail care, tanning and spa services; barber shops; landscape and lawn care; photographer; caterer; music lessons, boat repair and engine repair; kayak and non-motorized boat rentals.
(16) Child care facilities which are an accessory use of an existing or proposed church, public school, or other public building.
(17) Offices - business, financial, governmental, professional and medical including contractor and subcontractor office and associated storage areas and equipment parking.
(18) Retail/wholesale sales of antiques and furniture; apparel and shoes; baked goods; books and magazines; craft and art supplies; cameras and photography goods; candy; ice cream; pharmacies; electronics and computers; flowers, plants and other gardening supplies; fruit and vegetables; coffee products, gifts; hardware, hunting and fishing supplies; jewelry; sporting goods; hardware; toys; appliances and home décor.
(19) Service establishments - beauty salons including spa, nail and tanning services; barber shops; shoe repair; landscape and lawn care, sewing and alterations; catering; florists and photography services.
(20) Vineyards and associated facilities used in the cultivation of grapevines including areas for processing and bottling, storage, wholesale and retail sales, and tasting events.
(21) Workforce housing - administrative review for one WHU subject to provisions of Section 22-58.7.
(c) Special uses: The following special uses and no other special uses may be permitted, subject to the requirements of this district and the regulations and requirements imposed by the Board of Commissioners. Any use not listed herein shall be deemed prohibited.
(1) Automobile service stations including fuel service. Outside storage of vehicles shall be enclosed by solid fencing not less than six feet in height.
(2) Boat and vehicle repair services including outdoor storage of boats and vehicles being repaired.
(3) Kayaks and non-motorized boat rentals.
(4) Public and private utility facilities and substations provided they are located a minimum of 300 feet from any lot used for residential purposes (measured from the lot line) or residential district boundary.
(5) Telecommunication towers subject to the provisions of Section 22-29.2 of the Dare County Zoning Ordinance.
(6) Heavy equipment/vehicle sandblasting and paint shop and repair facilities. This shall include outside storage areas of equipment and vehicles.
(7) Travel trailer parks and campgrounds subject to the provisions of the Dare County Travel Trailer Park Ordinance. Travel trailers may be left in the campground according to the specifications of the Dare County Flood Ordinance and the Dare County Travel Trailer Park Ordinance but cannot serve as permanent residence.
(8) Crematoriums.
(9) Restaurants and food stands as defined in Section 22-2 of the Dare County Zoning Ordinance subject to the following provisions:
a. The restaurant or food stand shall not feature a drive-thru window whereby patrons are served while seated in a motor vehicle.
b. A minimum of ten parking spaces (10' x 20' each) shall be provided at all food stands. Such parking shall be of a dust-free service and each space individual designated.
c. Restaurant parking shall be as provided in Section 22-56 of the Dare County Zoning Ordinance.
(10) Food stores provided the following conditions are met:
a. Fuel service may be offered at the site. All fuel pumps, equipment and canopies shall be located a minimum of twenty-five feet from any property line.
b. Only the area directly below a fuel canopy may be illuminated and shall have a maximum foot-candle of ten. A lighting plan demonstrating compliance with this regulation shall be submitted in conjunction with the site plan.
c. Prepared food may be offered for on-premise or off-premise consumption.
(11) Seafood markets as defined in Section 22-2.
(12) Group development whereby more than one structure is located on the same site provided the following conditions are met:
a. The site must be a minimum of one acre in size.
b. Any use listed as a permitted or conditional use of the district can be authorized as a group development.
c. Lot coverage shall not exceed 30% of the total site area for residential group development or 60% for commercial group developments.
d. Other provisions of Section 22-31 of the Dare County Zoning Ordinance.
(13) Liquefied petroleum (LP) gas sales and service facilities including on-site bulk storage of tanks.
(14) Manufacturing subject to the following conditions:
a. Any structure or building used for manufacturing shall not exceed 10,000 square feet of heated space and 20,000 square feet of non-heated space for a total building size of 30,000 square feet based on this heated/non-heated square footage limitation.
b. Manufacturing is defined as those uses involving assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing activities consistent with those uses identified in the North Carolina Building Code as Factory Industrial Group F and as listed below.
1. Aircraft and aerial vehicles.
2. Appliances.
3. Athletic equipment.
4. Automobiles and other motor vehicles.
5. Bakeries and other food processing.
6. Beverages.
7. Bicycles.
8. Boats.
9. Brooms and brushes.
10. Camera and photo equipment including photographic film.
11. Canvas, fabric, and textiles.
12. Carpets and rugs.
13. Clothing, leather products, and shoes.
14. Construction and agricultural equipment and machinery.
15. Disinfectants.
16. Electronics.
17. Engines including rebuilding.
18. Furniture and upholstering.
19. Hemp and jute products.
20. Ice production and storage.
21. Metals.
22. Millwork (sash and door).
23. Motion picture and television film production (no spectators).
24. Musical instruments.
25. Optical goods.
26. Paper products.
27. Plastic products.
28. Printing and publishing.
29. Soaps and detergents.
30. Woodworking and cabinetry.
(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.
(d) Dimensional requirements for residential uses:
(1) Minimum lot size:
a. Single family lots regardless of method of drinking water supply and wastewater disposal: 20,000 contiguous square feet of soils not classified as coastal wetlands.
b. 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 setback: 25 feet from front property line.
(4) Minimum side yard setback: 10 feet from side property line. An additional 5 feet adjacent to the street is required for a corner lot.
(5) Minimum rear yard setback: 20 feet from rear property line.
(6) Maximum allowable lot coverage: 30% as defined in Section 22-2. Lot coverage up to 50% of the lot area may be authorized for those sites with an accessory dwelling unit, a mobile home exemption, or resident business.
(7) Maximum height limitation: 45 feet to the highest portion of the roof measured from the lowest natural ground grade within a 50-foot perimeter of the exterior walls or outer perimeter of the structure. Chimneys, lightning rods, weather vanes, wind gauges, and other similar roof appurtenances shall not be considered the highest portion of the roof.
(e) Dimensional requirements for all other uses:
(1) Minimum lot area: Commercial lots shall be of sufficient size to meet requirements of the Dare County Health Department, to provide adequate siting for structures and to provide parking, loading, and maneuvering space for vehicles. In addition, a visual buffer of dense vegetation or solid fencing is required where a commercial use or zone abuts a residential use or zone.
(2) Minimum front yard setback: 15 feet.
(3) Minimum side yard: 10 feet. An additional 5-foot adjacent to the street is required for a corner lot.
(4) Minimum rear yard: 20 feet from any rear property line.
(5) Maximum allowable lot coverage: 60%.
(6) Gross floor area limitation: The maximum square footage of any commercial building shall not exceed a total of 10,000 square feet, both heated and non-heated area. The gross floor area limitation shall not apply to churches, fire stations, and other public buildings.
(7) Maximum height limitation: 45 feet to the highest portion of the roof measured from the lowest natural ground grade within a 50-foot perimeter of the exterior walls or outer perimeter of the structure. Chimneys, lightning rods, weather vanes, wind gauges, and other similar roof appurtenances shall not be considered the highest portion of the roof.
(f) Other standards:
(1) Unoccupied structures and their yards in platted subdivision shall be maintained by the property owner. This includes securing of the structure from unimpeded access, i.e., no broken windows or doors; maintaining proper skirting under mobile homes; and maintaining the site consistent with the standards of the Dare County Nuisance Ordinance to avoid infestations of mosquitos, snakes, and other vermin.
(2) The Dare County Sign Ordinance shall apply to all zoned areas. No additional billboards or outdoor advertising shall be erected on privately-owned property or along the rights-of-way of the existing alignment of Highway 64 or any future expansion of State-maintained highway road improvements/ rights-of-way after the date of adoption of this ordinance.
(3) For commercial developments permitted after April 15, 2013, a vegetated buffer at least six feet in height and a minimum of five feet in width shall be installed along any property line that abuts a residential use or residential district. Vegetation shall be of sufficient size to reach a height of 6 feet of within 12-months of installation. Vegetative buffers shall be maintained to ensure survivability and any dead or damaged vegetation shall be replaced to ensure the buffer remains intact. Existing vegetation shall be used whenever possible for buffering purposes if the existing vegetation is of sufficient height and width to effectively buffer the abutting residential use or residential district.
Commercial uses in existence on April 15, 2013 shall not be required to install a vegetative buffer along any rear or side property line that abuts a residential use or residential district. However, any improvement to a commercial use that increases the footprint of any building by 25% or more or adds another residential or commercial principal use structure to the site shall require the installation of a vegetative buffer as detailed above.
(4) The parking of trucks, including 18-wheeled trucks, shall be permitted if the trucks are owned, leased, or operated by the person residing on the property and used for business or work related activity.
(g) Non-conformities:
(1) All existing structures are 100% “grandfathered” in perpetuity, as they exist on the date the East Lake Commercial Services zoning ordinance is adopted. Any structure destroyed or deteriorated by natural means, either partially or in full, may be rebuilt to 100% of its previous extent. This shall not apply to those nonconforming structures which are voluntarily removed or demolished by the property owner. State and federal rebuilding regulations may apply to any rebuilding project.
(2) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for ten consecutive months, except when government action impedes access to the premises, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with this district.
(3) Any structure that is in existence on the April 15, 2013 that is rendered non-conforming with the dimensional setbacks of this zoning district shall be considered a pre-existing non-conforming structure. Additions, expansions, or remodeling of a non-conforming structure shall not be authorized if the proposed addition or expansion will increase the non-conforming aspect of the structure. However, this provision shall not be interpreted to preclude the addition, expansion, or remodeling of any non-conforming structure if such project can be accomplished in manner that does not increase the non-conforming aspect of the structure.
(4) Non-conforming lots of record: The following setbacks and lot coverage standards shall apply to any lot of record of as April 15, 2013 that does not meet the dimensional standards of section (d)(1) of the ELCS district:
a. Lots with 5,000 square feet or less:
1. Front yard setback - 15 feet.
2. Side yard setback - 5 feet. For corner lots, the side yard setback shall be 7 feet on the side of the lot that abuts the street.
3. Rear yard setback - 20 feet.
4. Lot coverage: 60% of the lot square footage but not to exceed a maximum of 2, 500 square feet.
b. Lots with 5,001 square feet to 10,000 square feet:
1. Front yard setback - 20 feet.
2. Side yard setback - 8 feet. For corner lots, the side yard setback shall be 10 feet on the side of the lot that abuts the street.
3. Rear yard setback - 20 feet.
4. Lot coverage: 50% of the lot square footage but not to exceed a maximum of 4,000 square feet.
c. Lots with 10,001 square feet to 14,999 square feet:
1. Front yard setback - 25 feet.
2. Side yard setback - 8 feet. For corner lots, the side yard setback shall be 10 feet on the side of the lot that abuts the street.
3. Rear yard setback - 20 feet.
4. Lot coverage: 40% of the lot square footage but not to exceed a maximum of 4,500 square feet.
d. Lots with 15,000 square feet to 19,999 square feet:
1. Front yard setback - 25 feet.
2. Side yard setback - 10 feet. For corner lots, the side yard setback shall be 15 feet on the side of the lot that abuts the street.
3. Rear yard setback - 20 feet.
4. Lot coverage: 30% of the lot square footage. (Adopted 4-15-2013)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)