Highway 345 at Baumtown Road – south along Highway 345 to Harbor Road and The Lane.
(a) Scope and intent: The Wanchese Village Commercial District is established to protect and preserve the traditional family-fishing village lifestyle, whereby permitting land uses that will not change or overwhelm the patterns of existing land uses within the village and the southern end of Roanoke Island. The district allows for mixed uses combined with various individual commercial services and small retail businesses that compliment the area. The uses in the district provide alternative methods for implementing community goals with character and orientation toward traditional village business occupations whereby the property owner carries on a commercial business on site of the residential premises.
There is concern for the areas along Highway 345 that contain marginal soils, a characteristic of much of the land that surrounds Broad Creek and the Croatan Sound. Density in this district shall be limited to 20,000 square feet and duplex lots limited to 25,000 square feet. The maximum gross building size shall be 10,000 square feet.
Purpose - Manage development in an effort to protect Dare County’s surface water quality and ground water quality, particularly with the close proximity to Broad Creek, Croatan Sound and the ten Dare County well field sites. The well field sites are situated along Highway 345 between Baumtown Road and Skyco and supply a large portion of for all of Dare County’s drinking water.
The district allows for the continuation of existing businesses that provide a limited range of services and commodities to meet the needs of locals, entire community, and seasonal visitors. The goal of the community is to maintain and preserve the family-oriented business way of life, which give 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 and no other uses shall be permitted by right. Any use not permitted herein shall be deemed prohibited.
(1) Primary retail/wholesale stores, including such uses as:
a. Antiques, furniture and home decor.
b. Bait and tackle.
c. Bakery and coffee shop.
d. Boarding of horses and equestrian associated activities, tack shop.
e. Boat and motor repairs, sales, service and associated on site equipment displays.
f. Candy.
g. Clothing.
h. Craft goods.
i. Dry goods.
j. Fishing and hunting supplies.
k. Florist.
l. Gifts, shells and imports.
m. Hardware.
n. Hobby goods.
o. Jewelry.
p. Leather goods.
q. Net and rope shop.
r. Notions.
s. Pharmacy.
t. Toys.
(2) Services establishments:
a. Banking institutions, contained in building - no drive thru facilities.
b. Barber and beauty shops, including tanning facilities.
c. Boat repairs, sales, service and display and associated equipment displays.
d. Dry cleaning/laundry pick-up stations, including laundromats.
e. Food market.
f. Post office substation.
g. Professional offices.
h. Radio, TV broadcasting and production studio.
i. Village general store.
j. Upholstery shop.
(3) Single-family dwelling in conjunction with commercial business may be located above or in the rear of a commercial building, or a detached structure, provided that all federal, state and local regulations are met. Additional parking for the residential use shall not be needed.
(4) Detached single-family dwelling on individual lots or parcels.
(5) 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.
(6) Mobile homes on individual lots, provided that:
a. Mobile home is placed on foundation and anchored according to the building code for mobile homes in a hurricane area.
b. The requirements of the building inspector regarding skirting material and skirting area.
(7) Duplexes.
(8) Small childcare homes as defined in Section 22-2.
(9) Customary accessory uses associated with commercial or residential principal use, including windmills, not to exceed height limit of this district, garages, sheds, swimming pools and other accessory uses associated with the commercial and or residential use.
(10) Accessory dwelling unit associated with residential use referred to as a “guesthouse” is permitted, subject to the following requirements:
a. A dwelling unit may be attached to the principal residence or may be detached from the principal residence. The size of the accessory dwelling unit, whether attached to or detached from principal residence, shall not to 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 lot in conformance with the building setbacks of this zoning district.
c. Owner and/or family members shall occupy either the primary residence or accessory dwelling unit.
d. One additional off-street parking space shall be required.
e. Accessory dwelling unit shall not be subdivided or otherwise segregated in ownership from the primary residence.
f. An outbuilding on a residential lot that exists at the time of adoption of this ordinance may be converted into an accessory building unit, provided that lot overage is met for the dwelling unit and the primary residence.
g. The accessory dwelling unit shall be constructed according to all applicable federal, state regulations and local building inspection requirements. And, if applicable, compliance with federal flood plain elevation standards.
h. Once permitted, the property owner shall submit annual verification of year round occupancy of the principal structure or the accessory dwelling unit to the Dare County Zoning Administrator, 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 use.
(11) 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 four 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 the 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. History 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 ten 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. Boat shop not to exceed 1,200 square feet of floor area and limited to the construction of 36-foot boats.
e. Boathouses and sheds.
f. Boat rentals limited to non-motorized watercraft.
g. Fishing party excursions ½ day and full day trips.
h. Private boat ramps for residential use or commercial accessory use.
i. Schools offering private lessons for sailing and other outdoor activities.
(12) Agriculture farming, livestock, waterfowl, poultry and related activities for personal use.
(13) Private home antennas and on-site accessory business use antennas.
(14) County owned and leased facilities.
(15) Heritage gardens – designated areas of land leased to the public for gardening projects.
(16) Workforce housing - administrative review for one WHU subject to provisions of Section 22-58.7.
(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) Aquaculture and related activities associated with fish farming as regulated by the State.
(2) Boat rentals – non-motorized boats.
(3) Cemeteries, churches, fire stations, and other public buildings.
(4) Communication tower only associated with an on-site business.
(5) Convalescent care home in conjunction with assisted living homes.
(6) 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.
(7) Fishing and hunting club, horse ranch, including amenities such as clubhouse facility, overnight lodging or guest quarters, swimming pools, storage buildings, piers, docks, private beach and boat launching, subject to the other requirements of this chapter including Section 22-31 for group development projects and provided the following minimum requirements are met:
a. Overnight guest facilities – see density requirements for hotels, motels, and seasonal lodging.
b. Number of rooms in lodging facility – see density requirements for hotel, motel, and seasonal lodging.
c. Individual guest quarters – as calculated for group housing development projects.
d. No mooring of permanent floating homes and other permanent floating structures as defined in 15A NCAC 7M00602 in the surrounding public trust waters of Dare County.
e. Other conditions as may be imposed by the Board of Commissioners.
(8) Fuel pumps in conjunction with a food market having 8,000 square feet or more under subsection (b)(2) of this section provided that no principal or accessory building shall be located within 500 feet of any residential use or residential zoning district and that any such fuel pumps shall be setback a minimum of 25 feet from all rights-of-way.
a. The area directly below an open canopy may be illuminated and in addition shall have a minimum foot-candle of 4 but shall not exceed a maximum foot-candle of 10.
b. Parking spaces located directly beneath the canopy shall be in accord with the parking standards (10’ x 20’).
(9) Marinas, boat dockage, village marina store with fuel pumps, boat rentals for fishing excursions, and other non-motorized boat rentals provided the following minimum conditions are met:
a. Lot size shall be sufficient to meet requirements of the Dare County Health Department and to provide adequate siting for structures, parking, loading and maneuvering space as provided in Section 22-56.
b. Food and beverage service and/or restaurant may be associated with a marina.
c. All boat rentals, except for fishing excursion rentals, shall be limited to non-motorized vessels and shall be limited to a total of 10 vessels offered for rent.
d. Fuel pumps shall not be located within 50 feet of a residential zoning district or residential use and that such fuel pumps shall be setback a minimum of 25 feet from all rights-of-way
e. One 10’ x 20’ parking space shall be provided for each wet boat slip.
f. Outdoor lighting shall be complete cut-off design, low-profile, shielded and oriented in such a manner to minimize spill across property lines and prevent glare at any location on or off the property. A lighting plan shall be submitted as part of the site plan.
g. Subject to the other requirements of the Zoning Ordinance and other reasonable conditions as may be imposed by the Board of Commissioners.
(10) Public and private utilities (shall provide a planted vegetative buffer 10 feet in height).
(11) Private meeting and recreational facilities such as an event center for weddings and group parties, including private boat launching areas, tennis courts, picnic areas, private swimming pools and beaches, whereby catering is an integral part thereto. The following minimum requirements shall be met:
a. Parking for the event center and associated uses shall be based on the maximum occupancy of the proposed structure. Maximum occupancy shall be determined according to the standards of the North Carolina state building code. One 10’ x 20’ space for every 4 persons or a minimum of 30 spaces which ever is greater shall be provided.
(12) Professional offices including medical facilities.
(13) 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 pets (not a kennel).
d. Other reasonable conditions imposed by the Board of Commissioners.
(14) Restaurants, food service, café provided the minimum following conditions are met:
a. Lot size shall be sufficient to meet requirements of the Dare County Health Department and to provide adequate siting for structures, parking, loading and maneuvering space as provided in Section 22-56. In addition, a fence or vegetative buffer shall be provided adjacent to residential use or residential zoning district.
b. The restaurant shall not feature drive-thru window service whereby patrons are served while seated in a motor vehicle or drive-up wait service whereby patrons are served while seated in a motor vehicle.
c. The restaurant shall include facilities for indoor and outdoor seating.
d. On-site parking shall be according to Section 22-56 – one 10’ x 20’ parking space for every 3 customer seats plus one 10’ x 20’ space for every 3 employees and loading space.
e. Outdoor lighting shall be complete cut-off design, low-profile, shielded and oriented in such a manner to minimize spill across property lines and prevent glare at any location on or off the property. A lighting plan shall be submitted as part of the site plan.
f. Other reasonable conditions as may be imposed by the Board of Commissioners.
(15) Retail garden shops and landscaping businesses may be permitted, subject to requirements of this chapter, provided the following minimum conditions are met:
a. Storage of mulch material may be allowed for retail sale only. Storage of “stockpiles” of mulch shall not exceed 6 feet in height and no more than 3 stockpiles may be allowed for each site. Industrial production of mulch is not permitted.
b. One accessory greenhouse for storage and outdoor protection of 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. Storage area that is well buffered from general public may include draglines, bulldozers backhoes and other heavy 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 mulch, soil, and the like shall be stacked in an orderly manner.
f. Bulk irrigation piping shall be stored indoors.
g. Other conditions imposed by the Board of Commissioners.
(16) Retirement homes, assisted living homes, and residential homes as a group development housing project subject to other requirements of this chapter and provided the following minimum requirements are met:
a. Density shall not exceed 1 dwelling unit per 20,000 square feet of soils not classified as coastal wetlands.
b. Duplex units dwelling density shall not exceed 1 dwelling unit per 25,000 square feet of soils not classified as coastal wetlands. This may be reduced to 20,000 square feet of area if served by a central water supply.
c. Every dwelling unit shall be accessible to emergency service vehicles and Dare County Public Works vehicles.
d. Project entrance shall be designed from Highway 345 with an additional turning lane to minimize new driveway cuts onto Highway 345 into the Village of Wanchese.
e. No dwelling unit established as part of a group housing project shall be situated on a lot so as to face the rear of another dwelling unit within the development or on adjoining properties.
f. Accessory dwelling units are not allowed in sites developed as a group housing development.
g. A traditional village business use is not allowed in sites developed as a group housing development.
(17) Seafood market as defined in Section 22-2.
(18) Small childcare center, large childcare center as defined in Section 22-2 and only associated with a church, school, or other public building.
(19) Village center complex: a mixed use development situated on single parcel of land under single ownership whereby an existing commercial building, or new structure, may be developed and limited to retail sales units on the lower level of the structure with residential units on upper level. Additional residential units may be situated on the site. The following minimum requirements shall be met:
a. Village center complex site must contain a minimum of 3 acres.
b. Approval of all supplementary local, state and federal permits. Site must be adequate for siting commercial structure, parking, loading and maneuvering space as required by Article VII. Two 10’ x 20’ parking spaces per residential use shall be provided. Overflow parking, if applicable, shall be directed to off peak use of commercial spaces.
c. Site screening - a vegetative or fence buffer not to exceed 10 feet in height. A 10-foot wide setback shall be required where the site abuts a residential use or zone (not subject to 20-foot dimensional requirements in D.1 – Dimensional requirements).
d. Food service shall be limited to packaged items, such as snacks, drinks and ice cream. Food service may be located outside the building on site as a refreshment pavilion to serve patrons in the village complex. Food service shall be exempt from parking as required for restaurants.
(20) Spoil sites for maintenance dredging.
(21) Workforce housing units - special use review if two or more WHU units subject to provisions of Section 22-58.7.
(22) Educational housing projects subject to the provisions of Section 22-58.8.
(23) Special use subdivisions subject to the provisions of Section 22-58.9.
(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 ofsufficient size to meet the requirements 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.
Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.
Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)
(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. Zero line setback for waterfront lots.
(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 individual commercial uses on separate lots or parcels that is not in conjunction with the principal residential use:
(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 of 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. Hotels, motels, churches, fire stations, public buildings and schools are excluded from this building size limitation.
(8) Density limitations for motels, hotels, and similar seasonal lodging structures:
a. Structures on a lot or tract that has no soils classified as wetlands, coastal marsh or section 404 jurisdictional soils: 10 rental rooms per acre.
b. Structures on a lot or tract that has between .01% and 19.9% of its soils classified as wetlands, coastal marsh, or section 404 jurisdictional soils: 8 rental rooms per acre.
c. Structures on a lot or tract that has more than 20% of its soils classified as wetlands, coastal marsh or section 404 jurisdictional soils: 6 rental rooms per acre.
(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 Articles I, Article III, Article VII, Article VIII, and Article IX of the Dare County Zoning Ordinance shall apply to this district.
Ferrell Gas Bulk Fuel Storage: non-conforming use which cannot be enlarged in anyway however, storage tanks can be repaired in case of natural disaster, but no greater than the original number and size. Skate Board Bowl: no building permit has been issued for this structure. It cannot operate as an outdoor recreation park or private park under Dare County Ordinance. In adequate siting of structure on property, entrance into property by easement that cannot accommodate open public traffic for commercial use. There are no bathroom facilities, parking or office space for a business. (Adopted by the DCBC on March 24, 2006; amended 2-20-2017)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)