An accessory dwelling unit (ADU) may be located on a residential lot in the following zoning districts:
Hatteras Island: R-1, R-2, R-2A, R-2H, R2-AH C-2, C2-H, C-3, I-1, S-1
Colington/KDH Outside: R-1, R-2, R2-B, VC-2, C-3
Manteo Outside: R-1, RS-6, RS-8, R-2, R-3, C-3, I-1, SNC
Wanchese: WR-1, VR, BT, RB, NC MLM, WVC, MC-1, MC-2, and Highway 345
Manns Harbor: MH-A, MH-B
East Lake: ELR, ELVC, ELCS, ELNH
The following standards shall apply to all ADUs except for those districts in Wanchese and East Lake which have ADU standards included as part of the district regulations.
1. Only one ADU may be permitted per lot in conjunction with a principal dwelling unit. The residential lot may contain other accessory structures as authorized by the applicable zoning district. The construction of an ADU on a lot does not constitute a group housing development as established in Section 22-31 of the Dare County Zoning Ordinance.
2. An ADU may be attached to a primary dwelling unit or may be a detached separate structure. An ADU shall not exceed 50% of the floor area of the primary use structure or a maximum of 1200 square feet of heated and non-heated space unless the applicable zoning district for the lot establishes a different ADU maximum size limitation. The size limitation shall not apply if existing floor area within a primary dwelling unit is internally remodeled or existing interior space is converted for use as an ADU.
3. Lot coverage – Lot coverage may be increased for the footprint area of an ADU but in no instance shall lot coverage exceed 38% to accommodate the construction of an ADU unless the applicable zoning district for the lot establishes a different ADU lot coverage limitation. No increase in lot coverage is authorized for those ADUs that are located within the interior of an existing structure.
This increase in lot coverage is for the ADU structure and shall not be used for other structures or impervious coverages. If existing lot coverage of the property exceeds 38%, then reductions in lot coverage shall be made in order to accommodate the ADU.
4. Two 10' x 20' parking spaces shall be provided on the residential lot outside of any dedicated right-of-way or access easement. Parking shall be of permable surfaces as allowed for single family dwellings in Section 22-56 of the Dare County Zoning Ordinance. The location of the ADU parking shall be approved by the Dare County Planning Department during the permit review process. Existing parking may be used if excess parking for the primary dwelling unit is available.
5. Any ADU shall be constructed according to NC State building codes and Dare County floodplain management regulations.
6. Recreational vehicles, travel trailers and/or manufactured homes shall not be used or approved as an ADU.
7. An ADU shall be located on a residential lot according to the applicable principal dwelling use setbacks. An existing accessory structure may be converted to an ADU if compliance with the principal dwelling setbacks, ADU size limitation, and applicable Dare County floodplain management regulations can be met. Any ADU shall be constructed to be complaint with the building height of the applicable zoning district.
8. Any ADU approved under these guidelines shall be used for long-term occupancy as defined in Section 22-2 of the Zoning Ordinance. Any ADU approved under these guidelines shall not be used for commercial or business activity. However, this limitation shall not prevent the ADU from being authorized as a home occupation according to the definition in Section 22-2.
9. An ADU shall not be subdivided or segregated in ownership from the principal dwelling unit. (Adopted 10-15-2018)
The following standards shall apply to ADUs only located in the R-1 zoning districts.
1. Any ADU constructed in the R-1, the parcel shall be accessed from a state maintained road, private road, publicly dedicated road, and/or a 20' easement. (Adopted 4-20-2022)
(Am. Ord. passed 4-20-2022)