All properties entering onto Harbor Road up to the entrance to Wanchese Seafood Industrial Park
(a) Scope and intent: The Marine Commercial District is established to protect the existing varying marine-oriented uses that require a waterfront location while promoting marine-oriented uses and other commercial businesses that do not require a waterfront location, but are related to, or serve a marine interest. The district is designed to promote constructive improvements to existing businesses, orderly growth and future development that is sensitive to any environmental conditions and limitations characterizing much of the lands within the district situated along the north and south boundaries of Harbor Road extending to the entrance of Wanchese Industrial Park.
Furthermore, this district allows and encourages wastewater treatment systems other than conventional septic tank and drain field systems, that may be authorized by the Dare County Health Department. However, this does not include centralized urban-style wastewater collection and treatment systems. The goal is to protect the quality of the community’s surface water and ground water supply particularly with the close proximity of this district to Broad Creek and Mill Landing Creek.
The district provides space for diverse types of marine commercial activities and land uses that provide services and goods to people and industry while strengthening the economic base of Dare County.Moreover, the district allows for the continued use of a flexible mix of single-family dwellings, duplex homes, and mobile homes on individual lots, and mobile home parks. The goal of the community is to protect the harmonious atmosphere of a quaint fishing village.
(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 and are not necessarily associated with a principal residential use. Any use not permitted herein shall be deemed prohibited.
(1) Offices, including such uses as:
a. Business.
b. Financial, such as banking.
c. Governmental.
d. Medical.
(2) Commercial uses:
a. Boat yards, repair.
b. Boat and motor display, sales and service.
c. Boats - dry dock storage, fenced and not to exceed 50 feet measured from the finished elevation.
d. Boarding of horses, commercial horse ranch/equestrian related uses and activities, tack shop.
e. Box making facilities.
f. Cold storage and ice manufacturing.
g. Container storage space for boat gear on docks in conjunction with marina or boat docks.
h. Crab shedding operations and associated equipment.
i. Crab pot storage and other crabbing and commercial fishing gear.
j. Dry cleaning, laundromats.
k. Existing docking facilities, private and public.
l. Electrical equipment, sales and service.
m. Electronic equipment, sales and service.
n. Fish houses, including packing, processing, seafood sales, storage and loading and unloading trawlers.
o. Fishing - party fishing excursions and associated services.
p. Food service –carryout and mobile only (see CUP for seating).
q. Hardware supplies.
r. Heating and air, sales, service.
s. Marine supplies, including rigging, netting, and the like.
t. Plumbing supplies, sales and service.
u. Private docks and commercial docks.
v. Retail shops, including, but not limited to gifts and imports.
w. Radio, TV broadcasting and film production studio.
x. Seafood processing and seafood market sales – wholesale /retail.
y. Schools, commercial limited to sailing/marine oriented outdoor lifestyle.
z. Taxidermist.
aa. Upholstery.
bb. Vessel refueling.
cc. Village general store without fuel pumps and not associated with a marina.
dd. Welding shop and steel fabrication.
(3) Single-family dwelling unit in conjunction with commercial business may be located above or in the rear of commercial building, attached or detached provided that all federal, state, and local regulations are met. No additional parking shall be required for the residential use. The residential use shall not exceed 1,200 square feet of building footprint area.
(4) Detached single-family dwellings on individual lots or parcels.
(5) 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.
(6) 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.
(7) Duplexes.
(8) 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.
(9) 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 tot 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.
(10) 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.
Zoning Code 122EEE
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 10 feet from any side or rear property line. The setbacks listed in subsection (d) 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.
s. Sales and service.
t. Sewing shop/needle works, dry goods and supplies.
u. Tack and equestrian associated sales.
v. Toys.
x. Upholstery.
y. 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.
(11) Agriculture farming, livestock, waterfowl, poultry and related activities for personal use.
(12) Aquaculture and associated activities related to fish farming as regulated by the State.
(13) Small child care homes as defined in Section 22-2.
(14) Private home antennas and on-site accessory business use antennas.
(15) County owned and leased facilities.
(16) Heritage gardens – designated areas of land leased to the public for gardening projects.
(17) 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) Boat building facilities if constructed after date of adoption of ordinance.
(2) Cemeteries, churches, fire stations and other public buildings.
(3) Communication tower only associated with an on-site business.
(4) 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 as may be imposed by the Board of Commissioners.
(5) Fuel storage only associated with on-site business use.
(6) Group housing projects according to Section 22-31 plus the following requirements:
a. Density shall not exceed 1 unit per 20,000 square feet of soils not classified as coastal wetlands; duplex home 25,000 square feet of soils not classified as coastal wetlands provided this area may be reduced to 20,000 square feet if duplex is served by central water supply.
b. Every dwelling shall be accessible to emergency service vehicles and Dare County Public Works vehicles.
c. A turning lane into project shall be provided with additional setback buffer along state-maintained rights-of-way into the residential neighborhoods.
d. Building height limit of 40 feet as defined in this section.
e. 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.
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.
h. Other requirements that may be imposed by the Board of Commissioners.
(7) Group development projects (more than one principal building per parcel when land is under single ownership) according to Section 22-31.
(8) 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 services and/or a 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. Other reasonable conditions as may imposed by the Board of Commissioners.
(9) Mobile home parks and travel trailer parks in accordance with the provisions of the Dare County Mobile Home Park Ordinance.
(10) 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.
(11) Public and private utilities shall provide a vegetative buffer at least 10 feet in height.
(12) Restaurants on individual parcels or as an accessory use and designed as part of a marina project 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 imposed by the Board of Commissioners.
(13) Storage/warehousing and warehouse storage centers, including boat trailers and long-term storage containers and mobile storage, provided the following minimum conditions are met:
a. Site shall be buffered with wooden opaque fencing not to exceed 10 feet in height and also provide sound and site screening as visual and sound buffer to residential homes in and around area of warehouse storage site.
b. Outdoor lighting plan shall be submitted with a site plan.
c. Hours of operation shall be included as part of CUP review.
d. Other reasonable conditions as may be imposed by the Board of Commissioners.
(14) 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.
(15) Village general store with fuel pumps on individual parcels or as an accessory to marinas.
(16) Spoil sites for maintenance dredging.
(17) Workforce housing units - special use review if two or more WHU units subject to provisions of Section 22-58.7.
(18) Educational housing projects subject to the provisions of Section 22-58.8.
(19) 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 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.
c. 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 use on separate lot or parcel that is not in conjunction with 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 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. Hotels, motels, 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 Articles 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)