The following regulations shall apply to the C-2 General Commercial District.
   (A)   Intent. The C-2 District is established to provide for the proper grouping and development of commercial facilities to serve permanent residents and the general public.
   (B)   Permitted uses. The following uses shall be permitted by right:
      (1)   General and medical offices;
      (2)   Retail establishments;
      (3)   Personal service establishments;
      (4)   Small child care centers as defined in § 156.002 above;
      (5)   Medium child care centers as defined in § 156.002 above;
      (6)   Large child care centers as defined in § 156.002 above;
      (7)   Public and private schools;
      (8)   Town-owned or leased facilities; and
      (9)   Accessory apartments located above/attached to commercial buildings. The total floor area of accessory apartments shall not exceed 50% of the floor area of the commercial structure to which it is accessory (floor area to be calculated exclusive of porches or decks).
      (10)   Electronic gaming operations, as defined in § 156.002, are permitted as an accessory use to any retail or eating establishment use provided that the following requirements are met:
         (a)   Minimum separation.  Electronic gaming operations shall not be located within 1,000 feet in any direction from any other establishment to which this section applies as an accessory use.  Measurement of distance separation shall be in a straight line from the property line of the proposed use to the nearest property line of the uses specified in division (B)(10).  For the purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
         (b)   Hours of operation.  Operating hours of the electronic gaming operations shall be the same as the normal operating hours of the business in which it is located.
         (c)   Maximum number of electronic gaming terminals.  The maximum number of electronic gaming terminals for electronic gaming operations is 2 per business and only as an accessory use.
         (d)   Accessibility of electronic gaming terminals.  All electronic gaming terminals shall be open for direct, unobstructed access by police officers, fire department personnel, and emergency response personnel, and shall be visible from the main entrance of the business.
         (e)   Age restrictions.  No business engaged in the activity of electronic gaming operations as an accessory use shall allow, permit or condone any person under the age of 18 to engage in electronic gaming operations.
         (f)   Operations.  No alcoholic beverages will be served or consumed on the premises of electronic gaming operations.  If food or beverages (excluding alcoholic beverages) are served, the establishment must meet the requirements of the Dare County Department of Health.
         (g)   Minimum paved parking spaces.  Off-street parking shall be provided at the ratio of 1 parking space per electronic gaming terminal.
         (h)   Signage. Establishments conducting electronic gaming operations shall prominently post the rules of the electronic gaming operations on the interior of the establishment in a manner that is clearly visible to all patrons and customers. All exterior signs for electronic gaming operations shall meet the standards outlined in § 156.130.
         (i)   Penalty.  Violations of any provisions of division (B)(10) shall be subject to a civil penalty in the amount of $500 per violation.  Each day any single violation continues shall be considered a separate violation and subject to a civil penalty;
      (11)   Plant nurseries and greenhouses; and
      (12)   Fine craft and folk art production.
   (C)   Special uses. The following special uses shall be permitted, subject to the requirements of this district and additional regulations and requirements imposed by the Town Council as provided in § 156.155  et seq.:
      (1)   Public and private utility facilities;
      (2)   Commercial or institutional structures greater than 5,000 gross square feet, excluding decks and porches, but less than 15,000 gross square feet;
      (3)   Hotel resort;
      (4)   Theaters;
      (5)   Private commercial recreational facilities such as swimming pools and tennis courts;
      (6)   Eating establishments as defined in § 156.002, and subject to the requirements § 156.129;
      (7)   Churches and religious institutions;
      (8)   Rental property management and maintenance offices;
      (9)   Transit stops;
      (10)   Agricultural buildings;
      (11)   Commercial animal production;
      (12)   Commercial crop production (indoor or outdoor);
      (13)   Livestock shelters and stables; and
      (14)   Microbreweries/microdistilleries.
   (D)   Dimensional requirements.
      (1)   Minimum lot size:
         (a)   Commercial lots shall be of sufficient size to meet requirements of the Dare County Health Department, to provide adequate siting for structures and to provide parking, loading and maneuvering space for vehicles as required by §§ 156.090 through 156.096 below; and
         (b)   In addition, a vegetated buffer strip at least 10 feet in width that provides year-round screening to adjacent properties is required where a commercial use or zone abuts a residential use or zone.
      (2)   Minimum front yard: 15 feet.
      (3)   Minimum side yard: 10 feet. No side yard required if commercial building constructed with a common wall. An additional 5-foot yard adjacent to the street is required for a corner lot.
      (4)   Minimum rear yard: 20 feet.
      (5)   Maximum allowable lot coverage by principal use and all accessory structures: 60%.
      (6)   Height limitation: 35 feet.
      (7)   No building or other facility, such as parking areas, incinerators, trash collection areas and the like, shall be located nearer than 50 feet to boundaries of RS-1 Districts. The width of a road and its right-of-way along the boundary may be included as part of all of the 50-foot separation zone.
      (8)   Maximum gross building size: 5,000 square feet excluding decks, porches and similar non-heated space, except as otherwise provided herein.
(Ord. 04-22, passed 11-3-2004, § 21; Am. Ord. 11-08, passed 1-4-2012; Am. Ord. 12-05, passed 8-1-2012; Am. Ord. 12-08, passed 11-7-2012; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 19-09, passed 1-15-2020; Am. Ord. 21-01, passed 6-2-2021)