(a) Intent. These regulations shall apply to subdivisions platted at a reduced minimum lot size in to be used with dwelling square footage limitation. These regulations shall apply in the following zoning districts: R-2, R-2A, R-2B, R-2H, R2-AH, R-3, RS-6, RS-8, SP-2, SP-C VC-2, C-2, C-2H, C-3, 1-1, S-1, CS, ELNH, ELR, MHA, MHB, BT, RB, HML, NC, WVC, MC-1, MC-2, and Highway 345.
(b) Overall minimum parcel size. The overall parcel submitted for approval as a special use subdivision shall contain a minimum of three acres of area not classified as coastal wetlands by the NC Division of Coastal Management and/or freshwater wetlands under the jurisdiction of the U.S Army Corps of Engineers.
(c) Minimum individual lot size:
(1) 12,500 square feet of contiguous area, exclusive of any soils classified as coastal wetlands or freshwater wetlands by the NC Division of Coastal Management and/or the US Army Corps of Engineers for a lot served by a centralized water system. The centralized water may be designed to serve the specific subdivision and installed as part of the subdivision infrastructure improvements or may be a system operated by a local government or other public agency.
(2) 15,000 square feet of contiguous area, exclusive of any soils classified as coastal wetlands or freshwater wetlands by the NC Division of Coastal Management and/or the US Army Corps of Engineers for lots served by individual on-site private well for potable water.
(d) Lots platted as part of existing subdivisions shall not be grouped together to meet the three acre minimum parcel size for development as a special use subdivision.
(e) Use of property. One detached residential dwelling per individual lot not to exceed 1,200 square feet of heated/conditioned space. Accessory structures may be constructed on the property in conjunction with the dwelling and used for parking or storage only. Accessory structures shall not contain any heated/conditioned space in excess of the dwelling square footage limitation of 1,200 square feet of heated/conditioned space.
(f) Occupancy of dwellings. Any dwelling constructed as part of Section 22-58.9 shall be occupied on a long-term basis as defined in the Dare County Zoning Ordinance.
(g) Parking. One 10' x 20' parking space for each bedroom shall be provided on site. 50% of the required parking shall be of an impervious surface such as concrete or asphalt. Permable or pervious concrete does not qualify as an impervious surface. Asphalt millings or “crush and run” shall not be used for residential parking.
(h) Review procedures. Any proposed special use subdivision shall be subject to review by the Dare County Planning Board for compliance with Chapter 153 and approval by the Dare County Board of Commissioners as a special use permit and subject to quasi-judicial proceedings. The special use permit and subdivision plat shall be recorded in the Dare County Register of Deeds. Restrictive covenants stating the conditions of approval, including the maximum dwelling size of 1,200 square feet of heated/conditioned space, shall be recorded in conjunction with the special use permit and subdivision plat.
(i) Road access. Any lot developed as part of a special use subdivision shall have frontage on an existing state-maintained road. If new road improvements are proposed as part of the conditional use division, the roads shall be dedicated as public roads and constructed according to the road standards of the Dare County Subdivision Ordinance. Maintenance of roads constructed as part of a special use subdivision shall be the responsibility of property owners in the division until such time that the roads are accepted into the NC State road system.
(j) Lot coverage. 30% of the total lot area of each individual lot.
(k) Setbacks. Front yard: 25 feet; Side yard: 10 feet; Corner Side yard: 15 feet; Rear yard: 20 feet shall apply to each individual lot.
(l) Building height. Any dwelling constructed as part of a special subdivision shall be constructed to the building height of the applicable zoning district.
(Am. Ord. 9-16-2019; Am. Ord. passed 6-21-2021)