(a) Intent. The VC-2 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 goods and services for permanent residents and seasonal visitors.
(b) Permitted uses. The following uses, and no other 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. Barber shops 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.
e. Residential child care centers as defined in Section 22-2.
f. Commercial child care centers as defined in Section 22-2.
g. Large bed and breakfast homes as defined in Section 22-2. (This use added on October 17, 2005)
(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.
(8) Crab shedding operations.
(9) Workforce housing - administrative review for one WHU subject to provisions of Section 22-58.7.
(c) Special uses. The following uses are 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 50 feet of a residential use or residential district and that any such gas pumps shall be set back at least 25 feet from all rights-of-way.
(2) Public and private utility facilities.
(3) Seafood markets.
(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.
c. Other reasonable conditions imposed by the Dare County Board of Commissioners.
Non-conformities: Restaurants existing prior to January 21, 1997 that do not conform with conditions (c) (5) a and b shall be non-conforming uses. In the event a non-conforming restaurant in the VC-2 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.
(6) Workforce housing units - special use review if two or more WHU units subject to provisions of Section 22-58.7.
(7) Special use subdivisions subject to the provisions of Section 22-58.9.
(8) Food stands and mobile food units. (Adopted 3-19-2018)
(9) Retail garden shops and landscaping businesses may be permitted subject to the requirements of this chapter and provided that the following minimum conditions are met:
1. Storage of mulch material may be allowed for retail sale only. Storage ”stockpiles” shall not exceed 6’ in height and no more than three stockpiles are allowed for each site. Industrial production of mulch is not permitted.
2. One accessory greenhouse for storage and outdoor protection of the plants ispermitted. Greenhouse is not to be used for wholesale growing of plants.
3. Associated equipment used by the landscape business such as trailers, lawn mowers, single-axle trucks and tractors may be stored on the site. This shall not include draglines, bulldozers, or other heavy industrial equipment. This shall not be interpreted to prohibit the storage of 1 backhoe on the site.
4. Storage areas of mulch and equipment shall be buffered by either fencing (wood, masonry or vinyl) or dense vegetation when such storage areas abut a residential use or zone to the side or rear of the landscaping business site. Buffers shall be at least 6 feet in height but shall not exceed 10 feet in height. The buffers shall be maintained to ensure adequate screening. If vegetation is used, a plan detailing the type, size and species to be used shall be provided to the Planning Director for review and approval. Existing on-site vegetation may be used if approved by the Planning Director. (Adopted 9-6-11)
5. Outdoor display and storage of bags of plant soil, mulch, fertilizer, landscaping stone, landscape timbers, yard ornaments etc. shall not restrict parking areas. Bags of soil, mulch, etc. shall be stacked in an orderly manner.
6. Bulk irrigation piping shall be stored indoors. (as adopted by the DCBC on June 3, 2002).
(9) Tattoo studios. (Adopted 2-16-2009)
(10) Boat, boat motors, and boat trailer sales, boat/boat motor repairs and associated outdoor boat storage subject to the following:
a. Solid fencing of wood or composite materials shall be used for buffering the site along any side or rear property line that adjoins a residential use. The minimum height of such fence shall be ten feet. Such fence shall be perpetually maintained by the business owner to provide an appropriate buffer. This fence shall be erected prior to the sale of boats, boat motors, or boat trailers commences at the site. (Adopted 4-21- 14)
b. No dry stack storage facilities are permitted.
c. No bulk storage of fuel or fuel sales is permitted. (Adopted 7-19-10)
(d) Dimensional requirements for all uses other than detached single-family dwellings and mobile homes.
(1) Minimum lot area: 20,000 contiguous square feet of soil not classified as a coastal wetland.
(2) Minimum front yard: 15 feet.
(3) Minimum side yard: 10 feet. No side yard is required if commercial building is constructed with a common wall. An additional 5-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 uses: 60%.
(6) Height limitation: 35 feet.
(7) 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 detached single family dwellings and mobile homes.
(1) Minimum lot size:
(a) Single-family lots served by a private well and on-site septic tank/drain field system: 20,000 contiguous square feet of soil not classified as a coastal wetland.
(b) Single-family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 contiguous square feet of soil not classified as a coastal wetland.
(c) Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 contiguous square feet of soil not classified as a coastal wetland.
(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 addition 10-foot side yard setback 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 and uses: 30 percent.
(7) Height limitation: 35 feet.
(Adopted by the Dare County Board of Commissioners on June 16, 1997)
(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. (Adopted by the Dare County Board of Commissioners on May 6, 2002)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)