(a) Intent. The specifications and standards of the SED-1 Zoning District are established in order to protect public health and welfare, to preserve the quality of the fresh water supply aquifer which lies beneath the Buxton Woods Forest, to provide an environmentally compatible setting for low density residential housing, and to preserve the economic, aesthetic, and unique and irreplaceable natural resource assets of the land, vegetation, surface waters, and underground waters of this district.
(b) Permitted uses. The following uses shall be permitted by right:
(1) Detached single-family residential structures.
(2) Duplex (2 family) structures.
(3) Customary accessory buildings.
(4) Publicly owned nature preserves or parks.
(5) County owned or leased facilities.
(6) Publicly and/or privately owned water distribution systems and all associated underground fixtures including production wells. (8-19-91)
(7) Mobile homes located on individual parcels or lots provided the mobile home meets the wind zone III standards (constructed after July 13, 1994) as defined in Chapter 156 of the Dare County Code of Ordinances. (This use added on February 20, 2006)
(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) Wastewater treatment facilities.
(2) Publicly and or privately owned water production facilities and all associated improvements that are located above ground, including elevated and/or ground level storage tanks. (8-19-91)
(4) Residential child care centers.
(d) Dimensional Requirements:
(1) Minimum lot size:
a. Single-family detached residence: 40,000 square feet.
b. Duplex lot: 80,000 square feet.
c. Cluster lot: 160,000 or greater square feet, which may be developed at a dwelling density of one unit per 40,000 square feet of land area (or 4 single family structures per cluster lot) provided that the structures are located on the lot in such a manner that development and land clearing activities are remote from any wetland, swale, or pond, and that any associated clearing does not exceed 20% of the lot if the total lot area. Cluster lots may be recorded at the prescribed minimum or may be the result of a recombination of previously recorded lots, that, when combined, equal a total of 160,000 or greater square feet.
(2) Minimum lot width: Measured at the building line.
a. 40,000 - 59,999 square foot lots = 100 feet.
b. 60,000 - 79,999 square foot lots = 150 feet.
c. 80,000 or greater square foot lots = 200 feet.
(3) Setbacks
a. Front yard
(1) lots with 100 feet of depth - 25 feet.
(2) lots with 101-150 feet of depth - 35 feet.
(3) lots with 151 or more feet of depth - 50 feet.
b. Side Yard
(1) lots with 100-149 feet of width - 20 feet.
(2) lots with 150 - 199 feet of width - 30 feet.
(3) lots with 200 or more feet of width - 50 feet.
(4) Cluster lots - 40 feet between clustered structures or 20 feet of side yard for each structure.
c. Rear yard
(1) lots with 100 feet of depth - 25 feet.
(2) lots with 101-150 feet of depth 35 feet.
(3) lots with 151 or more feet of depth - 50 feet.
(4) Building Height Limit - Rooflines, measured at the peak, shall not extend more than 35 feet above the average grade within a 50-foot perimeter around the structure.
(5) Maximum lot coverage by principal use structure and any accessory use structures or improvements combined.
a. Lots with a total area of 40,000 - 59,999 square feet - 35%.
b. Lots with a total area of 60,000 - 79,999 square feet - 30%.
c. Lots with a total area of 80,000 or more square feet - 25%.
d. Lots used as cluster sites - 20%.
(e) Special SED-1 Standards.
(1) Site alteration shall not occur prior to the issuance of a building permit unless otherwise authorized. Trees shall not be removed except as necessary for the construction of the principal structure, accessory use, parking area, driveway access and septic tank/nitrification field system. Land disturbing activities and site alteration shall not exceed the minimum necessary to provide for the location of the principal use structure, any accessory use improvements, driveway access, and utility service improvements, such as nitrification fields.
(2) Off-street parking, driveways, and carports: All off-street parking improvements, drive-ways, and carports shall be designated to minimize impervious lot coverage and shall be constructed of only the following materials, clay, stone, marl, gravel, river-rock, or semi-porous paving block. Each principal use structure shall be allowed to install 1,000 square feet of concrete or asphalt parking or accessory use area.
(3) Wetland buffer. Existing natural wetlands, ponds, and wetland swales shall not be dredged, filled or otherwise altered from their natural state. No structure, paved area, or any part of a ground absorption wastewater treatment system shall be located within 50 feet of any marsh, stream, pond, or wetland. Minor road crossing fill for property access shall be allowed only as authorized under the jurisdiction of the Army Corps of Engineers specifications for access roads.
a. Inter-connecting roads exempt. Subdivision roads that follow the alignment of existing inter-connecting roads along any ridge-swale formation shall not be located within 10’ of any wetland, pond, or wetland swale provided such roads do not exceed 20’ in pavement width.
(4) Right-of-way and pavement width specifications: Right-of-way and pavement width specifications. Right-of-way widths shall not exceed 45 feet including land cleared for shoulders and drainage, pavement width shall not exceed 30 feet. Curb and gutter drainage systems shall not be installed in the SED-1 zoning district.
(f) Site Plan Review Requirements: All development projects and land disturbing activities in the SED-1 zoning district shall submit, in conjunction with the building permit application, a site plan prepared and sealed by a North Carolina registered land surveyor or engineer, which shall include the following information:
(1) Subdivision plats of greater than 20 lots shall indicate the location of a groundwater monitoring well location site on the subdivision plat.
(2) Present recorded owner and map book reference and subdivision title of the site property.
(3) Boundary of the entire lot by course and distance.
(4) Width and location of the existing rights-of-way.
(5) Nature or purpose, location and size of existing easements.
(6) Iron pins, three-eighths inches in diameter and thirty-six inches in length shall be shown and installed at all lot corners, points of tangents and any angle point along a given course of the lot.
(7) Plan drawn to at least one inch equals one- hundred-foot scale showing north arrow.
(8) Site zoning.
(9) Streets showing the width of pavement within the boundaries of the project site.
(10) All other underground utilities and facilities.
(11) Proposed building type (brick or frame), number of floors and dimensions.
(12) Proposed front elevation and first floor elevation.
(13) Location and type of all sidewalks and driveways within the site.
(14) Percentage of land disturbing activity.
(15) Location of sanitary sewer facilities with connection to sewer system or septic tank.
(16) Finished grades shall be shown for the entire site.
(17) An inventory of all trees of a caliper greater than 4”, those existing and those to be removed.
(18) Dimensions and square footage of lot or lots to be developed.
The site plan for all proposed development projects to be located in the SED-1 Zoning District shall be submitted to the office of the Building Inspector not less than five working days prior to the date site preparation and/or construction is to begin. The building inspector and/or zoning administrator shall visit each site prior to the authorization of any construction or land disturbing activity. At the discretion of the building inspector and/or zoning administrator, an additional five working day review period may be required in order for additional information to be gathered or for independent review to occur. Upon the expiration of the seconded optional review period, the building inspector shall either authorize the construction or deny authorization for the same.
(g) Non-conforming lots. Lots recorded or approved preliminarily by the Board of Commissioners prior to February 8, 1988 shall be considered pre-existing, non-conforming lots and shall be subject to the following guidelines:
(1) Setbacks
a. Lots with 99 or less feet of width:
(1) Front - 30 feet.
(2) Side - 10 feet.
(3) Rear - 20% of total depth or 20 feet whichever is less.
b. Lots with 100 feet or more of width:
(1) Front - 30 feet.
(2) Side - 12 feet.
(3) Rear - 20% of total depth or 20 feet, whichever is less.
(2) Maximum lot coverage by principal use structure and any accessory use or structure.
a. Lots with 39,999 - 30,0000 square feet - 30%.
b. Lots with 29,999 - 20,000 square feet - 35%.
c. Lots with 19,999 square feet or less - 35%.
(3) Site alteration and vegetation removal - same as section e, (1).
(4) Off-street parking, driveways, and carports: Same as section e, (2) including the 1,000 square foot asphalt and concrete exemption.
(5) Site plan review: Same as section f, (1) - (7) (Adopted March 21, 1988 by the Dare County Board of Commissioners.)
ZONING AMENDMENT - BUXTON WOODS
This zoning amendment was adopted by the Dare County Board of Commissioners on September 19, 1988.
All land located between the center line of the intersection of NC 12 and Billy Mitchell Airport Road, and the center line of the intersection of NC 12 and Cape Hatteras Lighthouse Road, for a distance of ½ mile north (meg. 1988) from an SED-1 District shall be subject to the following additional requirements:
Dwelling density within the zone of influence of the SED Ordinance: No multi-family development, townhouses, or condominium project located with ½ mile of any SED-1 zoning district shall exceed a dwelling density of three single family units (whether contained under one or more roofs) per acre or usable land area. Usable land shall be that land defined as “suitable” for septic tank/nitrification field wastewater disposal by the U.S. Department of Agriculture/Soil Conservation Service Soil Survey for Dare County and the Dare County Board of Health.
Vegetation Removal: All subdivision, and all development projects within ½ mile of an SED-1 zoning district which are subject to site plan review, shall conform to the land clearing provisions of the SED Zoning District, Section 22-27.3 (e) (1) - Site Alteration.