Residential area located in the center of the village at Old School House Road and most roads intersecting from a portion of and north of E. R. Daniels Road.
(a) Scope and intent: The intent of the Wanchese Village Residential Zoning District is to preserve the traditional family-fishing atmosphere while protecting the environmentally-sensitive coastal wetlands and other unique features of the Village of Wanchese. This district provides for and encourages single-family residential land use that permits a traditional village business, whereby the property owner resides on the premises and carries on a business use on site of the primary residence. The traditional village business is identified as a commercial accessory use to the residential district and has long been associated with the Village of Wanchese. The district also supports mobile homes on an individual lot or parcel of land.
Furthermore, the district will promote stable, permanent neighborhoods, characterized by low vehicular traffic flows and low impact of development. The single-family district is designed to secure a comfortable, healthy, safe and pleasant environment for those who live there, as well as future development of such neighborhoods. The Wanchese Village Residential District serves to protect the fishing village atmosphere and family-oriented business way of life, which gives the village its attractiveness, both as a place to live and a place to visit.
(b) Permitted uses: Any use in existence on March 24, 2006 shall be allowed to continue in operation without seeking approval from Dare County, regardless if that use is listed as a permitted use or is listed as a special use in any of the Wanchese zoning districts. Additions or expansions of uses in existence on March 24, 2006 shall be subject to administrative review and approval by the Dare County Planning Department for compliance with the zoning regulations. Construction of additional principal use structures at existing business sites that would require a special use permit if not already established prior to March 24, 2006 shall trigger review and approval under the special use permit process.
The following uses shall be permitted by right and any use not permitted herein shall be deemed prohibited:
(1) Detached single-family dwellings on individual lots.
(2) Single-family mobile homes located on individual lots, provided:
a. Compliance with building code for mobile homes in a hurricane area.
b. Compliance with the requirements of the building inspector regarding skirting materials and skirting area.
(3) Bed and breakfast homes.
a. Small bed and breakfast home as defined in Section 22-2.
b. Large bed and breakfast home as defined in Section 22-2.
(4) Customary accessory uses associated with principal use, including windmills not to exceed height limit of this district, garages, sheds, swimming pools, tennis courts, commercial accessory business structures and any other structures associated with a residential use.
(5) Accessory dwelling unit associated with principal residential use and referred to as a “guesthouse” is permitted, 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 to 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. An accessory dwelling unit shall not be subdivided or segregated in ownership from the principal use structure.
f. An outbuilding on a residential lot that exists at the time of adoption of this ordinance may be converted into an accessory dwelling unit, if lot coverage can be met for the accessory unit and the primary residence.
g. The accessory dwelling unit shall be constructed according to all applicable state and federal regulations and local building code requirements, including federal floodplain elevation regulations if applicable.
h. Once permitted, the property owner shall submit annual verification of year round occupancy of the principal use structure or the accessory dwelling unit to the Dare County Planning Department, if necessary.
i. Travel trailers, recreational vehicles, and/or mobile homes shall not be used as accessory dwelling units.
j. Accessory dwelling units shall not be used for any commercial or business activity.
(6) Traditional village business – A commercial accessory use conducted by owner and/or family member residing on the lot or parcel of the principal residence provided the following conditions are met:
a. Property owner and/or family member operates a business and resides on the premises.
b. Merchandise produced on or off of the premises may be sold on premises.
c. An accessory commercial building shall not exceed 1,200 square feet. In addition, 25% of the total floor area of the principal residence may be used for said business.
d. One indirectly lighted freestanding sign, not to exceed 36 square feet, may be posted on the property.
e. On-site parking for up to 4 spaces shall be provided on the site.
f. Visual buffer: A 6-foot opaque wooden fence or vegetative buffer shall be provided for any business established after March 24, 2006. In some instances, existing dense shrubs, trees, and plants may provide screening.
g. In the case where a property owner owns land that is contiguous to the principal residential use and accessory business, said land may be used as an extension and a part of the traditional village business use.
h. The traditional village business shall be located a minimum of 15 feet from any front property line and a minimum of 10 feet from any side or rear property line. The setbacks found in subsection (d) of this district shall not apply.
i. An average of 3 non-resident employees may be employed.
The following list of uses may be permitted as a traditional village business including, but not limited to:
a. Offices: business, financial, professional, and medical.
b. Retail/wholesale shops:
1. Antiques, furniture, and home decor.
2. Apparel.
3. Artist and art supplies.
4. Bait and tackle supplies.
5. Beehives.
6. Books.
7. Camera and photo supplies.
8. Coffee/tea cakes, pies, bakery goods and edibles.
9. Florist.
10. Fruit and vegetable stand.
11. Gifts and imports.
12. Hobby goods.
13. Hunting and fishing supplies.
14. Jewelry.
15. Leather goods.
16. Millinery shop.
17. Music shop.
18. Photography equipment sales and service.
19. Sewing shop/needle works, dry goods and supplies.
20. Tack and equestrian associated sales.
21. Toys.
22. Upholstery.
23. Woodcarving, ducks and other wildlife.
c. Service establishments:
1. Automobile detailing.
2. Barber and beauty shops including tanning and exercise facilities.
3. Bicycle rentals with buffered storage area.
4. Boarding of horses, equestrian associated activities according to state regulations.
5. Boat building shop – (not to exceed 1,200 sq. ft. boat size limited to 36 ft.).
6. Bricklayer.
7. Bake shops – cakes, pastries, edibles and bakery goods.
8. Carpenter/cabinet/wood-working.
9. Catering business.
10. Computer and internet services.
11. Concrete finishing business and equipment.
12. Crab pot storage and other crabbing and commercial fishing gear.
13. Crab shedders and associated operations.
14. Craft production and retail sales.
15. Electrician.
16. Electronics.
17. Excavating and equipment.
18. Hardwood flooring, carpet, vinyl and ceramic tile installation.
19. Heating and air.
20. Historic home place tours and interpretation of village lifestyle.
21. Home schooling.
22. House and boat moving business.
23. Landscape and lawn care.
24. Music lessons.
25. Outboard engine repair.
26. Painter and dry wall.
27. Photographer.
28. Plumber.
29. Potter, clay works, ceramics.
30. Pressure washing business.
31. Radio, TV broadcasting and film production studio.
32. Roofer.
33. Seafood sales as per North Carolina regulations.
34. Small engine repair.
35. Small trucking business – parking business truck on site.
36. Taxidermist.
37. Tree removal, stump grinding, log splitting and wood sales.
38. Welding shop.
(7) Agriculture farming, livestock, waterfowl, poultry and related activities for personal use.
(8) Crab pots, crab pot storage and other crabbing and commercial fishing gear.
(9) Small childcare home - as defined in Section 22.2.
(10) Private home antennas and on-site accessory business use antennas.
(11) County owned and leased facilities.
(12) Heritage gardens – designated areas of land leased to the public for gardening projects.
(c) Special uses: Any use in existence on March 24, 2006 shall be allowed to continue in operation without seeking approval from Dare County, regardless if that use is listed as a permitted use or is listed as a special use in any of the Wanchese zoning districts. Additions or expansion of uses in existence on March 24, 2006 shall be subject to administrative review and approval by the Dare County Planning Department for compliance with the zoning regulations. Construction of additional principal use structures at existing business sites that would require a special use permit if not already established prior to March 24, 2006 shall trigger review and approval under the special use permit process.
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 as provided by Article IX of this chapter. Any use not permitted herein shall be deemed prohibited.
(1) Churches, cemeteries, schools and other public buildings.
(2) Church housing and recreation facilities that are under single ownership of the church are permitted on or off site of the principal church parcel. The site shall contain a minimum of 3 acres. Additional uses may include primary and secondary educational facilities with both indoor and outdoor activities. Church housing requirements shall be according to the standards of Sec. 22.31. for group housing.
(3) Elder in-home care, up to four non-related patients (private home nursing) provided the following minimum requirements are met:
a. Employee and visitor parking according to Section 22-56 in addition to 1 parking space for each non-resident employee.
b. Other reasonable conditions imposed by the Board of Commissioners.
(4) Pet grooming provided the following minimum requirements are met:
a. Must be owner and/or family occupied residential premises.
b. Day care only for grooming – hours of operation limited to 7:00 a.m. to 6:00 p.m.
c. No outdoor run facilities and no overnight guests (not a kennel).
d. Other reasonable conditions that may be imposed by Board of Commissioners.
(5) Public and/or private utilities (must provide vegetative buffer at least 10 feet in height).
(6) Small childcare center, large childcare center - as defined in Sec. 22.2 and only associated with a church, school or other public building.
(d) Dimensional requirements for detached single-family dwellings, bed and breakfast homes, mobile homes and all other uses:
(1) Minimum lot size:
a. Single-family lots with accessory dwelling units and accessory commercial structures used in association with a single-family use shall be of sufficient size to meet the requirements of the Dare County Environmental Health Department and to provide adequate setbacks for the single-family structure, accessory dwelling unit and all other accessory use structures.
Existing lots – All lots that were subdivided and recorded before March 24, 2006 shall meet the approval of the Dare County Environmental Health Department for well and on-site wastewater systems. The setbacks and lot coverage standards of Section 22-27.18 shall apply to lots recorded before March 24, 2006.
b. Newly platted lots -- For those lots subdivided and recorded after March 24, 2006:
Single family lots:
15,000 square feet of soils not classified as coastal wetlands for lots connected to a central water supply.
20,000 square feet of soils not classified as coastal wetlands for lots connected to a private well.
(2) Minimum lot width: 75 feet at building setback line.
(3) Minimum front yard: 25 feet
(4) Minimum side yard: 10 feet; an additional 5-foot side setback for corner lots adjacent to a street. Lots less than 75 feet in width shall have an 8-foot side yard setback and an additional 5-foot setback for corner lots adjacent to a street.
(5) Minimum rear yard: 20 feet maximum, or 20% of lot depth.
(6) Lot coverage: 30% as defined in Section 22-2. Lot coverage of 50% may be authorized for those sites with an accessory dwelling unit and/or a traditional village business.
(7) Building height: 40 feet measured from 8 feet NAVD 1988 to the highest elevation of any feature of the structure or portion of the roof measured from the approximate center of the structure. For those properties where the natural grade exceeds 8 feet NAVD, building height shall be measured from the highest adjacent grade to the proposed structural footprint. Natural grade for calculation of the 40 feet building limit is defined as (1) natural ground elevation before any land disturbing activities; (2) unnatural ground elevation created by the placement of fill on a site before March 24, 2006; or (3) the re-grading of natural topographic conditions in preparation of construction activities. Overall height shall be measured from the approximate center of the structure to the highest elevation 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. The pitch of the principal roof shall be no less than 4/12. Principal roof is defined as the largest section of the roof on the structure.
(8) Churches, schools, and other public buildings are exempt from the 10,000 square feet commercial building size.
(e) Non-conforming uses and non- conforming structures: The standards of Section 22-27.19 shall apply to this district.
(f) Performance standards and other information shall apply to this district: The standards of Section 22-27.20 shall apply to this district
(g) The sections contained in Article I, Article III, Article VII, Article VIII and Article IX of the Dare County Zoning Ordinance shall apply to this district.
NOTE: Existing commercial business use allowed to continue and not otherwise permitted in this district: Dog kennel in operation on premises at 104 Old Wharf Road is a breeding kennel for Bichons Frise puppies and West Hyland white terriers up to 25 pounds. The business use shall continue to operate in the VR district under the requirements of Section 22-27.18 for non-conforming uses and structures found in this district. (Adopted by the DCBC on March 24, 2006; amended 2-20-2017)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 5-17-2023)