Waterfront properties that lie along the Wanchese Canal, waterway shorelines, creeks and canals, including properties surrounded by creeks and sound waters.
(a) Scope and intent: The intent of this Wanchese neighborhood waterfront district is to preserve the traditional family-fishing village with a neighborhood of mixed uses that include more intense commercial business occupations permitted as a commercial accessory business use to the primary residential use of a waterfront lot or parcel. Furthermore, the district will accommodate future development of accessory commercial and residential uses, including mobile homes, in a coastal village setting. Development of this district is sensitive to any environmental conditions and limitations characterizing much of the lands that lie along the Wanchese Canal and Broad Creek. The property owners in the community desire the continuation of such land uses that complement a village setting with a pleasant environment that is comfortable, healthy, and safe for those that live there.
The purpose of this district is to allow for the continuation of goods and services associated with a coastal village location and water dependent activities. The uses in this district furnish a broad range of services and commodities for the entire community and seasonal visitors while retaining the charm of a village atmosphere. The goal of the community is to maintain and preserve the 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 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 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 structure 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 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 listed 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:
1. Offices: business, financial, professional, and medical.
2. Retail/wholesale shops:
a. Antiques, furniture, and home decor.
b. Apparel.
c. Artist and art supplies.
d. Bait and tackle supplies.
e. Beehives.
f. Books.
g. Camera and photo supplies.
h. Coffee/tea cakes, pies, bakery goods and edibles.
i. Florist.
j. Fruit and vegetable stand.
k. Gifts and imports.
l. Hobby goods.
m. Hunting and fishing supplies.
n. Jewelry.
o. Leather goods.
p. Millinery shop.
q. Music shop.
r. Photography equipment sales and service.
s. Sewing shop/needle works, dry goods and supplies.
t. Tack and equestrian associated sales.
u. Toys.
v. Upholstery.
w. Woodcarving, ducks and other wildlife.
3. Service establishments:
a. Automobile detailing.
b. Barber and beauty shops including tanning and exercise facilities.
c. Bicycle rentals with buffered storage area.
d. Boarding of horses, equestrian associated activities according to state regulations.
e. Boat building shop – (not to exceed 1,200 sq. ft. boat size limited to 36 ft.).
f. Bricklayer.
g. Bake shops – cakes, pastries, edibles and bakery goods.
h. Carpenter/cabinet/wood-working.
i. Catering business.
j. Computer and internet services.
k. Concrete finishing business and equipment.
l. Crab pot storage and other crabbing and commercial fishing gear.
m. Crab shedders and associated operations.
n. Craft production and retail sales.
o. Electrician.
p. Electronics.
q. Excavating and equipment.
r. Hardwood flooring, carpet, vinyl and ceramic tile installation.
s. Heating and air.
t. Historic home place tours and interpretation of village lifestyle.
u. Home schooling.
v. House and boat moving business.
w. Landscape and lawn care.
x. Music lessons.
y. Outboard engine repair.
z. Painter and dry wall.
aa. Photographer.
bb. Plumber.
cc. Potter, clay works, ceramics.
dd. Pressure washing business.
ee. Radio, TV broadcasting and film production studio.
ff. Roofer.
gg. Seafood sales as per North Carolina regulations.
hh. Small engine repair.
ii. Small trucking business – parking business truck on site.
jj. Taxidermist.
kk. Tree removal, stump grinding, log splitting and wood sales.
ll. Welding shop.
4. Specific waterfront commercial accessory uses associated with principal use:
a. Commercial fishing and crabbing business, retail and wholesale markets, including all rigging and storage of crab and fish gear.
b. Boat dockage of 10 slips or less.
c. Boat shop not to exceed 1,200 square feet of floor area and limited to the construction of 36-foot boats.
d. Boathouses and sheds.
e. Boat rentals limited to non-motorized watercraft.
f. Fishing party excursions ½ day and full day trips.
g. Private boat ramps for residential use or commercial accessory use.
h. Schools offering private lessons for sailing and other outdoor activities.
(7) Agriculture farming, livestock, waterfowl, poultry and related activities for personal use.
(8) Aquaculture and associated activities related to fish farming as regulated by the State of North Carolina.
(9) Small child care homes 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 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 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, fire stations and other public buildings.
(2) Elder in-home care, up to 4 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.
(3) Pet grooming provided the following minimum requirements are met:
a. Shall 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 imposed by the Board of Commissioners.
(4) Private and public utilities (shall provide vegetative buffer at least 10 feet in height).
(5) Small childcare center, large childcare center - as defined in Sec. 22.2 and only associated with a church, school or other public building.
(6) 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:
a. Storage of mulch material may be allowed for retail sale only. Storage “stockpiles” shall not exceed 6 feet in height and no more than 3 stockpiles are allowed for each site. Industrial production of mulch is not permitted.
b. One accessory greenhouse for storage and outdoor protection of the plants is permitted. Greenhouse is not to be used for wholesale growing of plants.
c. 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, backhoes or other heavy industrial equipment.
d. Storage areas of mulch and equipment shall be buffered with fencing.
e. Outdoor display and storage of plants, bags of soil, mulch, fertilizer, landscaping stone, landscape timbers, yard ornaments, and the like shall not restrict parking areas. Bags of soil, mulch, and the like shall be stacked in an orderly manner.
f. Bulk irrigation piping shall be stored indoors.
g. Other conditions as may be imposed by the Board of Commissioners.
(7) Spoil sites for maintenance dredging.
(d) Dimensional requirements for residential 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)
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 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.
(e) Dimensional requirements for commercial uses:
(1) Minimum lot size: Commercial lots need to be of sufficient size to meet the requirements of the Dare County Environmental Health Department and to provide adequate siting for structures, parking, loading and maneuvering space according to Section 22-56. Also, a visual buffer of vegetation or fencing and a 20-foot wide setback is required when an individual commercial use abuts a residential use or residential zone. All outdoor lighting shall be low profile, shielded with glare directed on site and away from all adjoining properties and streets.
(2) Minimum front yard: 15 feet.
(3) 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 setback and an additional 5-foot setback for corner lots adjacent to a street.
(4) Minimum rear yard: 20 feet maximum, or 20% of lot depth for interior lots. Zero line setback for waterfront lots.
(5) Lot coverage: 60% as defined in Section 22-2.
(6) 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.
(7) Maximum commercial building size: 10,000 square feet excluding decks, porches, and other non-heated space. Churches, fire stations, public buildings and schools are excluded from this building size limitation.
(f) Non-conforming uses and non- conforming structures: The standards of Section 22-27.19 shall apply to this district.
(g) Performance standards and other information: The standards of Section 22-27.20 shall apply to this district.
(h) 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. (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)