(a) Intent. The V-C district is established to provide limited commercial areas to serve existing or developing residential neighborhoods in the county. The intent of this district is to provide the goods and services needed by permanent and seasonal visitors in concentrated locations on state maintained highways.
(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. Notions.
p. Sporting goods.
q. Toys.
r. Food stores.
(3) Service establishments including such uses as:
a. Barbershops and beauty shops.
b. Churches.
c. Dry cleaning and laundry pick-up stations, including laundromats.
d. Family child-care homes as defined in Section 22-2. (Adopted 11-5-90)
e. Residential child care centers as defined in Section 22-2. (Adopted 11-5-90)
f. Commercial child-care centers as defined in Section 22-2. (Adopted 11-5-90)
(4) Detached single-family dwellings.
(5) Mobile homes on individual lots; provided that:
a. They are placed on foundations and anchored according to the state building code for mobile homes in a hurricane area.
b. The requirements of the building inspector regarding skirting material and skirting area are complied with.
(6) Public and private schools.
(7) County owned or leased facilities.
(c) Special uses. The following uses may 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:
(1) Gas pumps in conjunction with a permitted use under subsection (b) of this section; provided, that no principal or accessory building shall be located within fifty feet of a residential use or residential district and that any such gas pumps shall be set back at least twenty-five feet from all rights-of-way.
(2) Public and private utility facilities.
(3) Seafood market.
(4) Boat launching and rental facilities.
(5) Restaurants - Restaurants may be permitted subject to other requirements of this chapter and provided that the following minimum conditions are met:
a. The restaurant shall not feature a drive-thru window service whereby patrons are served while seated in a motor vehicle.
b. The restaurant shall include facilities for indoor seating and consumption of food and/or beverages.
Other reasonable conditions imposed by the Planning Board and/or Board of Commissioners. (Amended by the Dare County Board of Commissioners on 1-21-97)
(6) Group developments with a maximum area of 10,000 square feet per individual building excluding porches and decks. (As amended by the Dare County Board of Commissioners on 8-2-99)
(d) Dimensional requirements of all uses other than detached single-family dwellings and mobile homes.
(1) Minimum lot area: 20,000 square feet. 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. In addition, a visual buffer of vegetation or fencing and a 20-foot wide setback 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 five-foot side 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) Maximum Gross Building Size: 10,000 square feet excluding decks, porches, and similar non-heated space. Non-heated space shall not exceed 10% of the total amount of heated floor area. (As amended by the Dare County Board of Commissioners on 8-2-99)
(8) Minimum Building Separation: All buildings established as part of a group development shall be separated by not less than 20 feet. (As amended by the Dare County Board of Commissioners on 8-2-99)
(e) Dimensional requirements for detached single-family dwellings and mobile homes.
(1) Minimum lot area:
a. Single-family lots served by a private well and an on-site septic tank/drain field system: 20,000 square feet of area.
b. Single-family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.
Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area. (Amended 9-19-94)
(2) Minimum lot width: 75 feet measured at the building setback line.
(3) Minimum front yard: 25 feet.
(4) Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.
(5) Minimum rear yard: 25 feet.
(6) Maximum allowable lot coverage by principal use and all accessory structures: 30%.
(7) Height limitation: 35 feet.
(f) Non-conformities: Restaurants existing prior to January 21, 1997 that do not conform to conditions (c) (5) a and b shall be non-conforming uses. In the event a non-conforming restaurant in the VC district is destroyed or damaged beyond 50% of its tax value, that restaurant may be reconstructed to its former status but may not be enlarged. This non-conforming use clause shall expire 40 years from January 21, 1997. (As amended by the Board of Commissioners on 1-21-97)
Buildings that do not conform to Section 22-27.2 (d) (7) shall be non-conforming structures. In the event a building that does not conform with Section 22-27.2 (d) (7) is destroyed or damaged beyond 50% of its tax value, that building may be reconstructed to its former status but may not be enlarged. This non-conforming clause shall expire 30 years from August 2, 1999. (As amended by the Dare County Board of Commissioners on 8-2-99)
(g) Lighting Standards.
Section I. Intent and Purpose
The intent of this ordinance is to set standards for outdoor lighting at proper intensities, so as to adequately serve the intended use and not unreasonably interfere with the use and enjoyment of neighboring properties. It is further intended that such standards shall preserve the visual integrity of the nighttime environment by reducing glare and maintaining the character and integrity of the coastal village.
The purpose is to regulate artificial lighting devices and encourage lighting that enhances visual performance and safety, particularly the illumination of buildings and landscaping, lighting of parking areas, loading zones, open canopies and signs.
Section II. - Definitions
FOOT-CANDLE - The measurement unit indicating quantity of light on a surface area, particularly intensity of light (see lumen) per square foot area. The term 'maintained foot-candle' is used to denote adjustment for dirt build up or fixture aging (a depreciation factor).
FULLY SHIELDED - A light fixture whose housing is horizontal and opaque on top so that light is spread below and around but not above.
GLARE - The experience of luminance within a visual field significantly greater than lighting to which eyes are accustomed causing loss of visual performance and discomfort.
LIGHT FIXTURES - Any electrically powered illuminating device, reflective surface, lamp or any similar device used for illumination or advertisement.
LUMEN - The unit measuring the quantity and intensity of light emitted by a light source, especially as it falls on a surface area. The lowest quantity of light on one square foot area is termed one foot-candle.
RECESSED OR FLUSH MOUNTED - a fixture mounted above the ceiling with the opening, lens or cover of the fixture recessed or level with the ceiling surface whereby all light is emitted below the horizontal plane.
STRUCTURE HIGHLIGHTING -
(1) Exposed or channel neon, argon, krypton or similar gas tube lighting attached to and outlining a structure or building so as to direct attention to the same.
(2) Any light source that illuminates a translucent two or three-dimensional surface, or object, that is not part of a permitted sign and directs attention to a building or structure.
Section III. Lighting Prohibited
(1) Light fixtures which imitate official highway or traffic control lights or signs.
(2) Light fixtures in the direct line of vision with any traffic control lights or signs.
(3) Light fixtures with blinking, flashing or intermittent illumination.
(4) Light fixtures that violate any law of the State of North Carolina.
(5) Illumination of public beach or estuarine waters from uses which are not water dependent shall be prohibited.
(6) Light fixtures, which are a source of glare by their design, orientation or intensity.
(7) Structure highlighting is prohibited.
Section IV. General Provisions
(1) 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 and prevent glare at any location on or off the property.
(2) All wiring to light fixtures not located on a building shall be placed underground.
(3) Principal buildings shall provide security lighting.
(4) No light fixtures shall exceed 18 feet in height.
(5) Commercial buildings with more than 50% glass on any exterior wall must have a shield or oriented in such a manner as to minimize light spill across property lines and prevent glare at any location on or off the property.
(6) Light fixtures and supporting structures shall be designed and constructed to comply with North Carolina State Building Code requirements.
(7) For any conditional use, an outdoor lighting plan shall be submitted in conjunction with the submission of a site plan for Board of Commissioner review. For those projects not subject to conditional use permit review, an outdoor lighting plan may be required for those projects that feature a total of 10 or more exterior light fixtures as depicted on the site plans and/or building plans.
Section V. Application Standards
These are based on use and anticipated activity as follows:
(1) High levels of activity including gas stations, convenience stores, restaurants, drive-through eating places and banks.
(2) Medium level after-dark activity includes retail and shopping centers, hospitality establishments, health clinics and indoor recreational uses.
(3) Low-level activity includes professional offices, churches and private clubs.
A. Specific Lighting Standards
(1) Canopy lighting - open canopies located over automobile service stations, gas pumps and drive through banking facilities.
a. Only the area directly below a canopy may be illuminated and shall have maximum foot-candles of ten.
b. Parking spaces not located directly beneath the canopy shall be lighted in accordance with standard parking areas.
(2) Security Lighting
a. To be used for protection of people and property including illumination above doorways and entries. Security lighting shall not exceed one maintained foot-candle.
b. Areas solely for pedestrian circulation - walkways shall be provided with security level illumination.
(3) Architectural and Interior Lighting
a. Light fixtures mounted on a building shall be recessed, fully shielded or directed to the wall surface.
b. Floodlights may be utilized to up light opaque wall surfaces from the ground.
c. The maximum vertical illumination, of an entrance facade shall not exceed (5) average maintained foot-candles.
d. When a single wall surface area of a building is 50% glass or greater, or when interior light fixtures are visible from the property line or off- site location, the interior light fixtures shall be fully shielded to prevent line of sight contact with light source lens or opening. Further, a canopy or overhang of not less than 4' shall deflect any glare.
(4) Outdoor Recreational Uses: Sports floodlight fixtures may be utilized provided they shall be hooded and directed or shielded such that light source cannot be viewed directly from adjacent properties and streets.
(5) Illuminated signs to be addressed separately.
B. Lighting Allowances by foot-candle.
Use
|
Minimum
|
Maximum
|
Use
|
Minimum
|
Maximum
|
Service Station (canopy) | 2 | 10 |
Restaurant | 4 | 8 |
Retail | 4 | 8 |
Parking Lots | 1 | 8 |
Architectural surface area | 1 | 5 |
Walkways | .5 | .5 |
Security | .5 | 8 |
Section VI. Measurements
1. Measurements are to be made in foot-candles with a direct reading, portable light meter.
2. Unless otherwise specified, the meter sensor shall be mounted not more than 6 inches above ground level in a horizontal position to measure horizontal illumination. Vertical illumination shall be measured at a height of 5' with the sensor mounted not more than 6 inches from the wall surface and the meter sensor in the vertical position.
Section VII. Non-Conforming Fixtures
Any existing light fixtures that do not conform to the standards of these lighting regulations shall be non-conforming fixtures and may continue in operation until May 7, 2006. Any non-conforming fixtures that are destroyed or removed must be replaced in conformance with these standards.
As adopted by the Dare County Board of Commissioners on May 7, 2001 and to be immediately effective for those areas zoned VC.
(Am. Ord. passed 6-21-2021)