The Highway 345 Business district shown on the Dare County tax map, tax district 17 originally dated November 20, 1975 depicts tracts of land that lie along Highway NC 345 bounded on the east by the Pamlico Sound and on the west by Croatan Sound and Oyster Creek. Moreover, these tracts of land border NC Highway 345, a heavily traveled thoroughfare to the southern portion of Roanoke Island.
(a) Scope and intent: This district provides for a mix of residential and commercial neighborhoods that offer a broad range of services and commodities that will serve seasonal and local residents. The mixed residential district includes single family homes and duplex homes in a group housing development setting that support private wells or a central water supply with alternative methods of wastewater treatment facilities approved by the Dare County Environmental Health Department (not to include centralized urban-style wastewater collection and treatment systems). A maximum gross building size of 30,000 square feet (10,000 square feet of heated space and 20,000 square feet of non-heated space) for commercial structures is included in the regulations thereby allowing for future compatible land uses such as hotels and motels and similar lodging structures.
Furthermore, the Highway 345 Business District provides for land uses that allow goods and services for people and industry while strengthening the economic base of Dare County and ensures the protection of the fragile and pleasant atmosphere at the south end of Roanoke Island. Highway 345 provides the only vehicular transportation route into the Village of Wanchese. There is concern for the large expanses of wetland areas along NC 345 that contain marginal soils and are not suitable for high-density development. A number of water supply wells, which serve the Dare County water system, are located within this district. Land use adjacent to these wells is also a concern and is reflected in the minimum lot size established in this zoning district. Density in this district shall be limited to 20,000 square feet and duplex lots limited to 25,000 square feet. Another goal is to protect the quality of the communities’ surface water and ground water supply particularly with the close proximity of this district to Broad Creek, Croatan Sound, Pamlico Sound and the various creeks and canals that serve as nursery areas for fish and wildlife.
(b) Permitted uses: Any use in existence on June 5, 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 June 5, 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 June 5, 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) Commercial uses:
a. Boat yards and repair.
b. Boat and motor display, sales and service.
c. Boarding of horses, equestrian related uses and activities, tack shop.
d. Box making facilities.
e. Cabinet and woodworking shop.
f. Contractors’ offices, supplies and services.
g. Crab shedding operations and associated equipment.
h. Commercial fishing nets, sales, service and storage.
i. Crab pot storage and other crabbing and commercial fishing gear.
j. Docks private, public and commercial.
k. Dry cleaning and laundromats.
l. Electrical equipment, sales and service.
m. Electronic equipment, sales and service.
n. General village store without fuel pumps and not associated with a marina.
o. Hotels, motels – administrative review for one principal building per site, two or more buildings require special use permit for group development.
p. Fish houses, including packing, processing, seafood sales, storage and loading and unloading trawlers.
q. Fishing - party fishing excursions and associated services.
r. Food services –carryout (if seating see SUP).
s. Hardware supplies.
t. Heating and air, sales, service.
u. Tourist homes as defined in Section 22-2.
v. Mobile home parks according to the Mobile Home Park Ordinance.
w. Plumbing supplies, sales and service.
x. Retail shops, including, but not limited to gifts and imports.
y. Radio, TV broadcasting and film production studio.
z. Seafood processing and seafood market sales – wholesale /retail.
aa. Schools, commercial limited to sailing/marine oriented outdoor lifestyle.
bb. Travel trailer parks and campgrounds according to the Travel Trailer Park Ordinance.
cc. Upholstery, fabric dry goods.
dd. Village general store without fuel pumps and not associated with a marina.
ee. Welding shop and steel fabrication.
(2) Single-family dwelling in conjunction with a 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.
(3) Detached single-family dwelling on individual lots or parcels.
(4) 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.
(5) Single-family mobile homes on individual lots, provided that:
a. Compliance with the building code for mobile homes in a hurricane area.
b. Compliance with the building inspector requirements regarding skirting material and skirting area.
(6) Duplexes.
(7) Small childcare homes as defined in Section 22-2.
(8) 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.
(9) 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.
(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.
f. Visual buffer: A 6-foot opaque wooden fence or vegetative buffer shall be provided for any business established after June 5, 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. The setbacks listed in subsection (d) of this district shall not apply.
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) 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 10 slips or less.
c. Boat shop not to exceed 1200 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) Private home antennas and on-site accessory business use antennas.
(14) Commercial storage yards as defined in Section 22-2 provided the following conditions are met:
a. Storage areas shall be enclosed with fencing for security purposes. Such fencing shall be at least 6 feet in height but shall not exceed 10 feet in height. The security fencing shall be maintained as needed by the property owner.
b. A vegetative buffer in addition to the security fencing shall be installed and perpetually maintained where the storage yard abuts a residential zone or a residential use to the side or the rear of the site. The vegetative buffer shall be of a sufficient size and height to effectively buffer the site from the abutting residential zone or residential use. A plan detailing the type, size, and species of vegetation proposed for use as a buffer shall be provided to the Zoning Administrator for review and approval. Existing on-site vegetation may be used if deemed to be sufficient by the Zoning Administrator.
c. There shall be no storage of inoperable or junked vehicles and equipment; unoccupied mobile (manufactured) homes; unattached flatbed trailers or container-type trailers designed for connection to tractor-trailer trucks; or large pieces of equipment used in dredging operations, road construction, and other industrial uses. Any vehicle or trailer stored on the site shall have a valid license plate and/or valid owner registration.
d. No recreational vehicles, travel trailers, or campers stored on the site shall be occupied or used for habitation while stored at the site.
e. All vehicles and equipment stored on the site shall be locked, enclosed or otherwise fashioned to such an extent that it is impossible for a child to obtain access or be entrapped in such vehicle or equipment.
f. There shall be no bulk storage of fuel, paint, or other combustible or hazardous materials at the site.
(15) County, state and U.S. government owned and leased facilities.
(16) Heritage gardens – designated areas of land leased to the public for gardening projects.
(17) Radio and broadcast studio facilities and associated broadcast transmission towers that existed prior to March 24, 2006. Replacement or reconstruction of towers that existed prior to March 24, 2006 may be authorized as permitted uses provided that such towers have received all necessary Federal Communications Commission license and Federal Aviation Administration license prior to March 24, 2006 and shall not exceed the height authorized by the FCC. The standards of Section 22-29.2 shall not apply to towers that qualify for replacement under this section. Replacement towers shall be located in a
manner that maximizes separations from all property lines and in no case shall the setbacks be less than those of the Highway 345 district. Documentation shall be submitted that is signed and sealed from a North Carolina licensed engineer that the replacement tower meets the structural requirements of the North Carolina building code and a professional engineering certification which states that the structure’s construction will cause the tower to crumble inward so that in the event of collapse, no damage to surrounding structures will result. Lighting of the tower shall be according to all Federal Communications Commission and Federal Aviation Association standards.
(18) Residential recovery and treatment center to include housing in multifamily structures and educational training. Center can be located in a single structure or multiple structures on one parcel of land. If more than one structure on parcel, it will be considered a group development subject to conditional use permit review according to Section 22-31 of the Dare County Zoning Ordinance.
(19) Workforce housing - administrative review for one WHU subject to provisions of Section 22-58.7.
(c) Special uses: Any use in existence on June 5, 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 June 5, 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 June 5, 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.
(2) Churches, fire stations, cemeteries, and other public buildings.
(3) Telecommunication towers subject to all standards established in Section 22-29.2 of the Zoning Ordinance. (Amended 6-18-2018)
(4) Home occupations as defined in Section 22-2.
(5) 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.
(6) Fuel storage only associated with on-site business use.
(7) Group development 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 unit shall be accessible to emergency service vehicles and Dare County Public Works vehicles.
c. 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.
(8) Commercial group development projects (more than one principal structure per parcel under single ownership) according to Section 22-31.
(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 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. 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 North Carolina state building codes. One 10’ x 20’ space for every 4 persons or a minimum of 30 spaces whichever is greater.
(12) 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.
(13) 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.
(14) Retail garden shops and landscaping business 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 “stockpiles” shall not exceed 6 feet in height and no more than 3 stockpiles 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.
(15) 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.
(16) Village center project: 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.
(17) Village general store with fuel pumps provided that no principal or accessory building shall be located within 50 feet of a residential use, accessory dwelling unit, or residential district and that such fuel pumps shall be set back at least 25 feet from all rights-of-way. The following minimum requirements shall be met for open canopy lighting to preserve the night time environment :
a. The area directly below the canopy may be illuminated with a minimum foot candle of 4 but not to exceed a foot-candle rating of 10.
b. Parking spaces provided under a canopy shall be 10’ x 20’ in area.
(18) Spoil sites for maintenance dredging.
(19) Wind energy research facilities according to the standards of Section 22-29.3. (Adopted 4-18-11)
(20) Temporary, portable concrete plant including silos, aggregate bins, dust collector, hoppers, conveyors, batch mix, office and other accessory equipment necessary to the operation of the portable concrete plant including storage of aggregate and other materials necessary for the making of concrete.
a. The lot or parcel upon which the portable concrete plant is located shall contain at least four (4) acres of contiguous non-wetland area.
b. The plant and all accessory equipment shall be mobile and may be not permanently attached to the property. The equipment may be temporarily secured to the property for safety reason but must be removed upon the expiration of the conditional use permit.
c. Notwithstanding any other provision of the Zoning Ordinance, the portable concrete plant when erected shall not exceed 60 feet in height.
d. The concrete plant and storage of aggregate and other materials shall be at least twenty-five (25) feet from any property line and there shall be wooden opaque fence no less than ten (10) feet high between the plant and any residence or residential zone.
e. The concrete plant shall include a dust collection system which collects dust at the load out point and the particulate that is collected is recycled into the system.
f. All aggregate stored on the site shall be kept moist at all times to prevent dust.
g. All outdoor lighting shall be low profile, shielded with glare directed on-site and away from any adjoining properties and streets.
h. No more than eight (8) trucks used for the transport of concrete may be parked overnight on the property.
i. There shall be no concrete transport trucks that enter or exit the site between the hours of 7:00 a.m. to 8:30 a.m. and 2:00 p.m. to 3:30 p.m. on any day public schools in Dare County are in session.
j. The concrete plant shall be operated in accordance with all requirements of the North Carolina Department of Transportation and any other regulatory body.
k. This special use permit shall remain in effect for a period of 39 months. This 39-month period shall commence on the date identified by NC Department of Transportation in the notice to proceed issued by NCDOT to the bridge contractor. Upon the showing of good cause, the Dare County Board of Commissioners may extend the permit for up to 180 additional days. Good cause shall mean unavoidable conditions or events necessitating the continued operation of the plant for the purpose for which it was originally installed.
l. Upon expiration of the special use permit, operation of the concrete plant shall cease and the concrete plant and all accessory equipment and materials shall be removed from the site and the site returned to its original condition within thirty (30) days.
m. A performance bond, satisfactory to Dare County, to be used for removal and reclamation activities shall be established by the permittee at the time a site specific development plan and conditional use permit for a temporary portable concrete plant is authorized by Dare County. The bond shall be in the amount of $20,000 shall be issued to Dare County to be used in the event the permittee does not remove all equipment from the site and restore the site to its original condition as provided above. If this amount is insufficient to cover the cost of reclamation of the site, then the property owner shall be held accountable for the additional amount and a lien shall be placed on the site for any amount over the $20,000 bond amount that is incurred by Dare County in the reclamation of the site. The bond shall remain in place until released by Dare County upon certification by Dare County of compliance with the conditions of this permit. Dare County shall be authorized to use the bond to cover all costs and expenses of removal, including but not limited to all legal fees or other costs or expenses associated with enforcement of the provisions of the conditional use permit. This bond shall be forfeited if the concrete plant, all equipment, components and accessories of the concrete plant have not been removed from the site and the site restored to its pre-plant conditions within the time required by this conditional use permit. In lieu of a bond, permittee may post a cash bond with Dare County to be held for the purposes set forth above. (Adopted 11-19-2012)
(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 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 subdivide and recorded before June 5, 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 June 5, 2006.
b. Newly platted lots -- For those lots subdivided and recorded after June 5, 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 principalroof shall be no less than 4/12. Principal roof is defined as the largest section of 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 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 of heated space excluding decks, porches, and other non-heated space. Non-heated space shall not exceed 20,000 square feet of area. The total building size shall not exceed 30,000 square feet based on these heated/non-heated square footage limitations. Hotels, motels, churches, fire stations, schools and other public buildings 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. (Adopted by the DCBC on June 5, 2006; amended 2-20-2017; amended 11-20-2017)
(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)