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SECTION 22-28.3 - FAMILY CARE HOMES
A family care home as defined in Section 22-2 of this chapter shall be deemed a residential use of property for zoning purposes and shall be permitted in all zoning districts in unincorporated Dare County. Such uses shall be subject to administrative zoning review and approval procedures for detached residential structures by the Planning Director and Building Inspector. The setbacks, parking, and other provisions of the applicable zoning district shall apply. No family care home shall be located within 1/2 mile radius of an existing family care home.
(Ord. passed 6-21-2021)
SECTION 22-28.4 - SETBACKS FOR SWIMMING POOLS AND OTHER ACCESSORY USES
Accessory uses (buildings and structures) may be located within 5 feet of any side or rear property line unless otherwise prohibited by the applicable zoning district. All components of a swimming pool including the pool apron must comply with the 5 feet of separation from the side or rear property line. In order to qualify for this setback, the accessory use cannot be attached to the principal use structure by a fence, a roof, or any other structural component of the principal use structure. For swimming pools to qualify for this reduced setback, the pool barrier required by the North Carolina Building Code cannot utilize any portion of the principal use structure as part of the pool barrier or utilize any piling or other foundation component as part of the pool barrier. Stairways from the principal use structure cannot terminate inside the perimeter of the pool barrier on any concrete area or deck around the pool. Swimming pools located within the principal use setbacks may utilize portions of the principal use structure as part of the pool barrier. The application of the reduced side or rear yard setbacks shall be authorized by the Planning Director or other Planning Department staff based upon a review of the proposed layout of the accessory use in relation to the principal use structure.
(Ord. passed 6-21-2021)
SECTION 22-29 - VARIANCES AS TO HEIGHT LIMITS
   a.   In zoned areas of the County not affected by airport zoning enacted under G.S. Ch. 63, the Board of Adjustment may vary the height limits of this chapter for a church spire, belfry, cupola and dome or ornamental tower not intended for human occupancy, monument, water tower, meteorological data tower, observation tower, transmission tower, chimney, smokestack, conveyor, flagpole, radio or television tower, mast or aerial, parapet wall not extended more than four feet above the roof line of the building and necessary mechanical appurtenances; provided, that such variances will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (11-20-75, art. 3, 3.11)
   A meteorological data tower shall meet all of the following criteria:
      1.   The tower shall be temporary in nature;
      2.   The tower shall be permitted for a time period not to exceed 18 months in duration from the date the variance is granted;
      3.   The tower shall be utilized solely for the purpose of gathering meteorological data; and
      4.   The tower shall not be located closer than 200 feet to any residential structure. (Amendment adopted on 1-5-2009)
   b.   In residentially zoned areas of the County not affected by airport zoning enacted under G.S. Ch. 63, the Board of Adjustment may permit exceptions to the height limits of this chapter for a church spire belfry, monument, water tower, observation tower, meteorological data tower, transmission towers, chimney, smokestack, conveyor, flagpole, radio or television tower, mast or aerial, parapet wall not extended more than four feet above the roof line of the building and necessary mechanical appurtenances; provided that such exceptions will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (6-22-92)
   A meteorological data tower shall meet all of the following criteria:
      1.   The tower shall be temporary in nature;
      2.   The tower shall be permitted for a time period not to exceed 18 months in duration from the date the variance is granted;
      3.   The tower shall be utilized solely for the purpose of gathering meteorological data; and
      4.   The tower shall not be located closer than 200 feet to any residential structure. (Amendment adopted on 1-5-2009)
   c.   In a residential zoning district, the building height limit shall not apply to those architectural features known as cupolas and observation towers provided that the cupola or observation tower meets all of the following specifications:
      1.   The floor area of the cupola or observation tower is no greater than 64 square feet gross area, including the stairwell.
      2.   The peak of the observation tower or the highest portion of the cupola shall not exceed more than 5 feet above the building height limit of the applicable zoning district. (12-21-95)
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