§ 156.126  STANDARDS FOR THE SCALE OF RESIDENTIAL DEVELOPMENT.
   (A)   Intent. The purpose of establishing this section is to set forth a comprehensive set of regulations designed to maintain and enhance the scale and character of residential development in the Town of Duck. These standards are intended to ensure that future residential development is compatible with existing developed neighborhoods to protect the interests of both permanent residents and seasonal visitors occupying these structures in the furtherance of public safety and welfare.
   (B)   Definitions.
      (1)   Large residence means a single-family or two-family dwelling that exceeds the maximum total of heated square feet for a standard residence outlined on the table in § 156.126(C).
      (2)   Heated square feet or heated square footage for large residences includes any enclosed living space that is present in the principal structure and accessory structures located on the same lot.
   (C)   Maximum size of residences. The maximum size calculation includes any enclosed living space that is present in the principal and accessory structures located on the same property, as shown on the following table:
 
Lot Size (s.f.)
Maximum Size - Standard
Maximum Size - Large
Septic Capacity (gpd)
9,999 or less
3,500 s.f.
3,500 s.f.
600
10,000 - 14,999
4,000 s.f.
4,000 s.f.
720
15,000 - 19,999
5,000 s.f.
5,000 s.f.
840
20,000 - 24,999
5,500 s.f.
7,000 s.f.
960
25,000 - 29,999
6,500 s.f.
8,000 s.f.
1,080
30,000 or greater
7,000 s.f.
9,000 s.f.
1,080
 
   (D)   Large residences, as defined in § 156.126(B), are subject to the following requirements:
      (1)   Lot area. The minimum lot area for establishment of a large residence is 20,000 square feet.
      (2)   Building setbacks.
         (a)   Large residences are subject to minimum building setbacks greater than the standard setbacks for the zoning district in which the property is located. The following table summarizes the building setbacks for large residences.
         (b)   Note. Increased minimum building setbacks apply only to the principal structure. Accessory structures are subject to the standard minimum setback requirements for the zoning district in which the property is located.
 
MINIMUM BUILDING SETBACKS FOR LARGE RESIDENCES
Lot Size (s.f.)
Front Yard
Rear Yard
Side Yard
15,000-19,999
25
25
12
20,000-24,999
30
30
15
25,000 or greater
30
30
20
 
      (3)   Landscaping/canopy coverage requirements.
         (a)   Properties containing a large residence must preserve and maintain a minimum of 10% of the lot's total area with existing natural vegetation. Areas designated for the preservation of existing vegetation shall contain significant examples of native vegetation.
         (b)   In addition, such property must provide for the planting or retention of trees on the site to provide minimum vegetative lot coverage of 20% of the lot's total area minus the footprint of the building. Such vegetation shall be installed or retained according to the standards outlined in § 156.137(G) of the Town Code.
         (c)   The above landscaping requirements may be altered by the Zoning Administrator due to unique and unusual physical conditions or characteristics of the property, including the reduction of landscaping requirements for oceanfront properties and other lots containing significant dune features that will be preserved in equal proportion.
         (d)   The property owner shall be responsible for maintaining the landscaped areas required by this section, including the replacement of dead and missing vegetation.
      (4)   Building facades. To limit the massive appearance of larger residences, no section of any building facade shall extend more than 30 feet without architectural features or significant architectural elements to break up the massing of the facade.
(Ord. 04-21, passed 10-6-2004, § 43.2; Am. Ord.04-29, passed 12-1-2004; Am. Ord. 05-08, passed 6-1-2005; Am. Ord. 15-12, passed 9-2-2015; Am. Ord. 18-06, passed 12-5-2018; Am. Ord. 18-07, passed 1-16-2019; Am. Ord. 21-01, passed 6-2-2021)