§ 156.035  S-1 SPECIAL CONVENTIONAL DISTRICT.
   (A)   Intent. The S-1 Special District is established as a transitional area to allow broad flexibility of services and uses while establishing certain density limitations, setbacks, parking requirements and other general requirements.
   (B)   Permitted uses. With the exception of those uses specifically prohibited in § 156.040, all uses are permitted.
   (C)   Multiple building project. Projects with more than 1 principal building per lot shall be submitted for site plan review under §§ 156.059 and 156.117 below, but shall be subject to the dwelling density limitations of division (D) below.
   (D)   Dimensional requirements.
      (1)   Minimum lot size; residential lots:
         (a)   Single-family detached residential lot, 20,000 square feet of soils classified as “suitable” for septic tank ground absorption wastewater treatment systems within the USDA soil survey for Dare County or by the Dare County Department of Health;
         (b)   Single-family detached residential lot served by central water supply, 15,000 square feet of soils classified as “suitable” for septic tank ground absorption wastewater treatment systems either in the USDA soil survey for Dare County or by the Dare County Department of Health; and
         (c)   Single-family detached residential lot served by central water supply and central wastewater treatment plant, 15,000 square feet.
      (2)   The composition of soils on lots served by off-site wastewater treatment shall be as follows:
         (a)   Soils not classified as wetlands, coastal marsh, or United States Army Corps of Engineers 404 jurisdictional soils: not less than 11,250 square feet per lot; and
         (b)   Lots that are platted at greater than 15,000 square feet may have a greater amount of wetland soils, but must have at least 11,250 square feet of soils not classified as wetland, coastal marsh, or U.S. Army Corps of Engineers Section 404 jurisdictional soils.
      (3)   Minimum lot width: 75 feet, measured at the building setback line.
      (4)   Minimum front yard: 25 feet.
      (5)   Minimum side yard: 10 feet. For lots with 50 feet or less width existing prior to September 9, 1987 the minimum side yard setback shall be 8 feet. For lots with greater than 50 feet of width the side yard setback shall be 10 feet.
      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 60%.
      (7)   Height limitation: 52 feet.
      (8)   Duplex/2-family structures: 30,000 square feet of soils classified as “suitable” for ground absorption wastewater treatment systems for structures to be served by a private well and septic tank. If a central water supply is available, the minimum lot size may be reduced to 25,000 square feet. If central water and off-site wastewater treatment is available, the lot size may be reduced to 20,000 square feet.
      (9)   Density limitations for multi-family structures, condominiums, townhouses, hotels and motels:
         (a)   Multi-family structures:
            1.   Structures on a lot or tract that have no soils classified as wetlands, coastal marsh, or U.S. Army Corps of Engineers Section 404 jurisdictional soils; 5 units per acre;
            2.   Structures on a lot or tract that has between 01% and 19.9% of soils that are classified as wetlands, coastal marsh, or U.S. Army Corps of Engineers Section 404 jurisdictional soils; 4 units per acre; and
            3.   Structures on a lot or tract that has 20% or more of its soils classified as wetlands, coastal marsh or U.S. Army Corps of Engineers Section 404 jurisdictional soils; 3 units per acre.
         (b)   Hotels, motels, and similar structures:
            1.   Structures on a lot or tract that has no soils classified as wetlands, coastal marsh, or U.S. Army Corps of Engineers Section 404 jurisdictional soils; 10 rental units per acre;
            2.   Structures on a lot or tract that has between .01 and 19.9% of its soils classified as wetlands, coastal marsh, or U.S. Army Corps of Engineers Section 404 jurisdictional soils; 8 rental units per acre; and
            3.   Structures on a lot or tract that has more than 20% of its soils classified as wetlands, coastal marsh, or U.S. Army Corps of Engineers Section 404 jurisdictional soils; 6 rental units per acre.
      (10)   Group developments:
         (a)   The minimum lot size requirements for group development projects shall be the same as those for multi-family structures.
         (b)   Minimum rear yard: 20 feet.
         (c)   Maximum allowable lot coverage by principal use and all accessory structures: 60%.
         (d)   Height limitation: 52 feet.
         (e)   Maximum gross building size: 5,000 square feet excluding decks, porches and similar non-heated space, except as otherwise provided herein.
      (11)   Commercial lots:
         (a)   Minimum lot size: commercial lots shall be of sufficient size to meet requirements of the 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. In addition, a visual buffer is required where a commercial use or zone abuts a residential use or zone;
         (b)   Minimum front yard: 15 feet;
         (c)   Minimum side yard: 10 feet. No side yard required if commercial building constructed with a common wall. An additional 5 feet adjacent to the street is required for a corner lot;
         (d)   Minimum rear yard: 20 feet;
         (e)   Maximum allowable lot coverage by principal use and all accessory structures: 60%; and
         (f)   Height limitation: 52 feet.
(Ord. 04-22, passed 11-3- 2004, § 22; Am. Ord. 16-02, passed 4-6-2016; Am. Ord. 16-04, passed 7-6-2016; Am. Ord. 21-01, passed 6-2-2021)