(a) Intent. The S-1 special district is established as a transitional area to allow broad flexibility of services and uses while establishing certain density limitations, setbacks, parking requirements and other general requirements.
(b) Permitted uses. All uses are permitted.
(c) Multiple building project.
(2) Workforce housing units - special use review if two or more WHU units subject to provisions of Section 22-58.7.
(3) Educational housing projects subject to the provisions of Section 22-58.8.
(4) Special use subdivisions subject to the provisions of Section 22-58.9.
(d) Dimensional Requirements:
(1) Minimum lot size requirements for residential lots.
a. Single-family structures:
Single-family detached residential lot served by a private well and an individual on-site wastewater system: 20,000 square feet of soils classified as “suitable” for septic tank ground absorption wastewater treatment systems within the USDA soil survey for Dare County or by the Dare County Department of Health.
Single-family detached residential lot served by central water supply and an individual on-site wastewater system: 15,000 square feet of soils classified as “suitable” for septic tank ground absorption wastewater treatment systems within the USDA soil survey for Dare County or by the Dare County Department of Health.
Single-family detached residential lot served by central water supply and central wastewater treatment plant: 15,000 square feet. The composition of soils on lots served by off-site wastewater treatment shall be as follows:
(i) Soils not classified as wetlands, coastal marsh, or US Army Corps of Engineers 404 jurisdictional soils: not less than 11,250 square feet per lot.
(ii) Lots that are platted at greater than 15, 000 square feet may have a greater amount of wetland soils, but must have at least 11,250 square feet of soils not classified as wetland, coastal marsh, or Section 404 jurisdictional soils.
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)
c. Density limitations for multi-family structures, hotels and motels:
Multi-family structures: Maximum floor area ratio: 0.4 of the gross area of a parcel. (Amended 2-1-16)
Hotels, motels, and similar structures:
(i) Structures on a lot or tract that has no soils classified as wetlands, coastal marsh, or Section 404 jurisdictional soils: 10 rental units per acre.
(ii) Structures on a lot or tract that has between .01% and 19.9% of its soils classified as wetlands, coastal marsh, or Section 404 jurisdictional soils: 8 rental units per acre.
(iii) Structures on a lot or tract that has more than 20% of its soils classified as wetlands, coastal marsh, or Section 404 jurisdictional soils: 6 rental units per acre.
(2) Minimum lot width for residential development: 75 feet, measured at the building setback line.
(3) Minimum front yard setback: 25 feet.
(4) Minimum side yard setback: 10 feet. For lots with fifty feet or less of width existing prior to September 9, 1987 the minimum side yard setback shall be 8 feet.
(5) Minimum rear yard setback: 20 feet.
(6) Maximum allowable lot coverage for multifamily structures:
Maximum lot coverage: 30% of total lot area for projects dedicated entirely to multifamily residential development.
Maximum lot coverage: 45% of total lot area for mixed use projects featuring a combination of multifamily residential and commercial development if 49.99% or less of the gross square footage of all buildings is dedicated to commercial use. To qualify for an increase in lot coverage, at least 10% of the gross square footage of all proposed buildings shall be dedicated to commercial use.
Maximum lot coverage: 60% of the total lot area for mixed use projects featuring a combination of multifamily residential and commercial development if 50% or more of the gross square footage of all buildings is dedicated to commercial use.
(Amended 2-1-16)
(7) Height limitation: Highest floor level shall be no greater than 35 feet above the lowest ground grade within a 50-foot perimeter of the exterior walls of the structure. Overall height of a structure from ground level to its highest point shall not exceed 52 feet.
(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. (Maximum floor area standards adopted by the Dare County Board of Commissioners 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)
(e) Dimensional requirements for commercial development.
(1) Minimum lot size: 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 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 setback: 15 feet.
(3) Minimum side yard: 10 feet. No side yard is required if commercial building constructed with common wall. An additional 5-foot adjacent to the street is required for a corner lot.
(4) Minimum rear yard: 20 feet.
(5) Maximum allowable lot coverage: 60%.
(6) Height limitation: Highest floor level shall be no greater than 35 feet above the lowest ground grade within a 50 foot perimeter of the exterior walls of the structure. Overall height of a structure from ground level to its highest point shall not exceed 52 feet.
(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. (Maximum floor area standards 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)
(f) Dimensional requirements for industrial development.
(1) Industrial lots shall be at least 40,000 square feet in area.
(2) No portion of a building or open storage or processing area shall be closer than 75 feet to a residential structure.
(3) Any unstabilized soil exposed during construction shall be stabilized with vegetative cover to prevent erosion by wind or surface water.
(4) No industrial use shall be permitted which has noxious, harmful, or deleterious effects on other development.
(5) No more than 35% of an individual lot may be covered with buildings, parking areas or other surfaces impervious to water.
(6) The off-street parking requirements of Article VII of this chapter shall apply, except that no off-street parking or loading space shall be located closer than 50 feet to a residential use.
(7) Highest floor level shall be no greater than 35 feet above the lowest ground grade within a 50-foot perimeter of exterior walls of the structure. Overall height of a structure from ground level to its highest point shall not exceed 52 feet.
(g) Non-conforming projects.
(1) Any group development project that features multifamily structures and commercial structures authorized by Dare County prior to February 1, 2016 with a lot coverage percentage of 60% shall be considered a pre-existing group development. This 60% lot coverage shall be applied to the site regardless of any changes that may be authorized by Dare County for the group development project site after February 1, 2016.
(2) In the event a natural disaster or accidental occurrence leads to extensive damage (in excess of 50% of value) of a group development in existence on February 1, 2016 such group development may be repaired, replaced or reconstructed to 100% of its status if the original lot coverage of the project is different than the lot coverage standards established above. (Adopted 2-1-16)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)