§ 156.040  PERMITTED AND PROHIBITED USE TABLE.
   (A)   The following Permitted/Prohibited Use Table lists use classifications, categories, and types and indicates whether each is allowed with an administrative permit, is allowed with a special use permit, or is prohibited.
   (B)   Conventional zoning district descriptions. The use table lists allowable and prohibited uses for each zoning district in the Town of Duck. A general description outlining the intent of each district is provided below.
      (1)   Conservation Public Recreation (C-PR). The C-PR District is established to provide restricted usage of property located in areas conducive to and appropriate for recreational facilities, public and private utilities, town uses and conservation areas.
      (2)   Single-Family Residential (RS-1). The RS-1 District is established to provide for the low-density development of single-family detached dwellings in an environment that promotes orderly neighborhoods, characterized by low vehicular traffic flows, abundant open space and limited impact of development on the natural environment and adjacent land uses.
      (3)   Single-Family Residential (RS-2). The RS-2 District is established to provide for the low-density development of single-family detached dwellings in an environment that promotes orderly neighborhoods, characterized by low vehicular traffic flows, abundant open space and limited impact of development on the natural environment and adjacent land uses.
      (4)   Medium Density Residential (R-2). The R-2 District is intended to encourage the development of moderate density residential neighborhoods, with a mix of permanent and short-term seasonal residents, and to serve as a transition zone between the low-density area and more intensely developed areas.
      (5)   Neighborhood Commercial (C-1). The C-1 District is established primarily to encourage the concentration of commercial facilities in clusters and to provide readily accessible shopping facilities for permanent and seasonal residents.
      (6)   General Commercial (C-2). 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.
      (7)   Special (S-1). 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.
      (8)   Village Commercial (V-C). The V-C District is established to provide limited commercial areas to serve existing or developing residential neighborhoods in the town. The intent of this district is to provide the goods and services needed by permanent and seasonal visitors in concentrated locations on state maintained highways.
      (9)   Ocean and Sound Overlay (OSO). The Ocean and Sound Overlay District is established to provide for the appropriate use of the ocean and sound waters that adjoin the town, including any island areas therein, as well as the Areas of Environmental Concern as established by the Coastal Area Management Act (CAMA) appurtenant thereto, to ensure the continued aesthetic, environmental, and recreational value that these waters provide to the town, its residents, visitors and the surrounding area.
   (C)   Organization of uses. The use table organizes allowable uses by use classifications, use categories, and use types, together providing a systematic basis for identifying and consolidating or distinguishing unidentified land uses to determine whether a particular land use is allowable in a particular zoning district and in addressing future land uses.
      (1)   Use classifications. Use classifications identify broad general classification of uses and include residential uses, institutional uses, agricultural uses, commercial uses, and industrial uses. Use classifications are further broken down into a series of general use categories and more specific use types.
      (2)   Use categories. Use categories describe the major sub-groups of the respective use classifications and are based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. For example, the residential use classification is divided into the household living and group living use categories. Use categories are further broken down into a series of individual use types.
      (3)   Use types. The specific use types are included in the respective use category. They identify the specific principal uses that are considered to fall within characteristics identified in the use category. For example, duplex dwellings, live/work dwellings, manufactured homes, single-family detached dwellings, and townhouse dwellings are use types in the household living use category.
   (D)   Prioritization. Certain use categories and use types are addressed specifically in the zoning ordinance and/or permitted/prohibited use table.
      (1)   The allowance for any specifically listed use type in the permitted/prohibited use table takes precedence over requirements for a broader use category.
      (2)   Likewise, the allowance for any use category in the permitted/prohibited use table takes precedence over a broader use classification.
   (E)   Permit types.
      (1)   Permitted uses. A “P” in a cell of the use table indicates that the corresponding use classification, category or type is permitted in the corresponding zoning district. Permitted uses are subject to compliance with all use-specific standards and applicable development regulations of the zoning ordinance.
      (2)   Uses requiring a special use permit. An "S" in a cell of the use table indicates that the corresponding use classification, category or type is permitted in the corresponding zoning district, subject to approval of a special use permit for the proposed use. Uses requiring a special use permit are subject to compliance with all use-specific standards and applicable development regulations of the zoning ordinance, as well as the special use approval process and criteria found in § 156.155 of the zoning ordinance.
      (3)   Prohibited uses. An “X” in a cell of the use table indicates that the corresponding use classification, category or type is prohibited in the corresponding zoning district
   (F)   Classification of unlisted uses. The Zoning Administrator shall determine whether or not an unlisted use is substantially similar to an already defined use category or use type. Unlisted uses which are found to be dissimilar to an already defined use category or use type are prohibited. The Zoning Zoning Administrator shall use the following factors as a guideline when classifying a new or unlisted use to determine if such use is classified in a manner consistent with other similar uses in the applicable zoning district.
      (1)   Consistency with the stated intent of the zoning district;
      (2)   Consistency with the adopted vision statement and Comprehensive & Land Use Plan;
      (3)   Density of development (number of units, square footage, etc.);
      (4)   Intensity of use;
      (5)   Type of activity associated with the use;
      (6)   Number of customers and length of stay;
      (7)   Generation of pedestrian and vehicular traffic;
      (8)   Potential impacts such as noise, light, odor, etc.; and
      (9)   Public safety.
Type of use
Zoning District
Additional Standards
C-PR
RS-1
RS-2
R-2
C-1
C-2
S-1
V-C
OSO
Type of use
Zoning District
Additional Standards
C-PR
RS-1
RS-2
R-2
C-1
C-2
S-1
V-C
OSO
AGRICULTURAL
Agricultural buildings
S
S
S
S
S
S
P
S
X
 
Commercial animal production
S
S
S
S
S
S
P
S
X
 
Commercial crop production (indoor or outdoor)
S
S
S
S
S
S
P
S
X
 
Plant nurseries and greenhouses
P
P
P
P
P
P
P
P
X
 
Livestock shelters and stables
S
S
S
S
S
S
P
S
X
 
Other agricultural uses
X
X
X
X
X
X
P
X
X
 
RESIDENTIAL
Household Living
Accessory apartments
X
X
X
X
P
P
P
P
X
§ 156.033(B)(11)
Accessory dwelling units
X
P
P
P
X
X
P
X
X
Customary Accessory Structures
X
P
P
P
X
X
P
X
X
 
Duplexes
X
X
X
P
X
X
P
X
X
 
Mobile/manufactured homes
X
X
X
P
X
X
P
X
X
 
Multi-family residences
X
X
X
X
X
X
P
X
X
 
Single-family residences
X
P
P
P
X
X
P
X
X
 
Townhouses
X
X
X
P
X
X
P
X
X
§ 156.032(C)(6)
Group Living
Bed and breakfast homes
X
S
X
X
X
X
X
X
X
§ 156.030(C)(7)
Bed and breakfast inns
X
X
X
X
X
X
P
X
X
 
Convents and monasteries
X
X
X
X
X
X
X
X
X
 
Dormitories and residence halls
X
X
X
X
X
X
X
X
X
 
Fraternity and sorority houses
X
X
X
X
X
X
X
X
X
 
Halfway houses
X
X
X
X
X
X
X
X
X
 
Other residential uses
X
X
X
X
X
X
P
X
X
 
COMMERCIAL
Entertainment/Recreational Facilities
Boat launching/rental facilities
X
X
X
X
S
X
P
S
X
 
Campgrounds
X
X
X
X
X
X
X
X
X
 
Electronic gaming operations
X
X
X
X
X
P
P
X
X
§ 156.034(B)(10)
Night clubs
X
X
X
X
X
X
X
X
X
 
Theaters
X
X
X
X
X
S
P
X
X
 
Other entertainment/ recreational facilities
X
X
X
X
X
X
X
X
X
 
Offices
General offices
X
X
X
X
P
P
P
P
X
 
Laboratories
X
X
X
X
X
X
X
X
X
 
Medical offices
X
X
X
X
P
P
P
P
X
 
Rental property management and maintenance offices
X
X
X
X
S
S
P
S
X
§ 156.036(C)(11)
Retail Sales
Drug paraphernalia sales
X
X
X
X
X
X
X
X
X
 
Eating establishments and restaurants
X
X
X
X
S
S
P
S
X
Formula businesses
X
X
X
X
S
S
S
S
X
Gasoline pumps and sales
X
X
X
X
S
X
P
S
X
§ 156.033(C)(1)
Group developments
X
X
X
S
S
S
P
S
X
Microbreweries/ microdistilleries
X
X
X
X
S
S
P
S
X
 
Motor vehicle sales, service and rental establishments
X
X
X
X
X
X
X
X
X
 
Outdoor display, storage and sale - general merchandise
X
X
X
X
P
P
P
P
X
§ 156.131(B)
Outdoor goods - temporary displays, storage and sales
X
X
X
X
P
P
P
P
X
§ 156.131(A) and (E)
Pawn shops
X
X
X
X
X
X
X
X
X
 
Produce stands/holiday goods (temporary)
X
X
X
X
P
P
P
P
X
§ 156.131(C)
Retail sales
X
X
X
X
P
P
P
P
X
 
Smoke and vapor shops
X
X
X
X
X
X
X
X
X
 
SERVICES
Alcohol and drug detoxification, rehabilitation and treatment facilities
X
X
X
X
X
X
X
X
X
 
Bail bond services
X
X
X
X
X
X
X
X
X
 
Childcare center (small)
X
X
X
S
P
P
P
X
X
§ 156.002; § 156.032(C)(9)
Childcare center (medium)
X
X
X
S
P
P
P
X
X
§ 156.002; § 156.032(C)(9)
Childcare center (large)
X
X
X
S
P
P
P
X
X
§ 156.002; § 156.032(C)(9)
Childcare homes (small)
X
S
S
S
P
P
P
X
X
Home occupations (minor)
X
P
P
P
P
X
P
P
X
§ 156.136(B)
Home occupations (major)
X
S
S
S
P
X
P
P
X
§ 156.136(A)
Hotel resort
X
X
X
X
X
S
P
X
X
 
Kennels
X
X
X
X
X
X
X
X
X
 
Motor vehicle body and paint establishments
X
X
X
X
X
X
X
X
X
 
Motor vehicle washing establishments
X
X
X
X
X
X
X
X
X
 
Personal service establishments
X
X
X
X
P
P
P
P
X
 
Radio and television stations
X
X
X
X
X
X
X
X
X
 
Recreational facilities (commercial)
X
X
X
X
X
S
P
X
X
 
Resident businesses
X
X
X
X
P
X
P
X
X
Sexually oriented businesses
X
X
X
X
X
X
X
X
X
Shooting ranges
X
X
X
X
X
X
X
X
X
 
Tattoo, body piercing and body art establishments
X
X
X
X
X
X
X
X
X
 
Other services
X
X
X
X
X
X
P
X
X
 
INDUSTRIAL
Energy facilities
Satellite dish farms
X
X
X
X
X
X
X
X
X
 
Solar energy farms
X
X
X
X
X
X
X
X
X
 
Solar energy systems ( accessory )
P
P
P
P
P
P
P
P
X
Wind energy facilities (commercial)
X
X
X
X
X
X
X
X
X
Wind energy facilities (supplementary)
P
P
P
P
P
P
P
P
X
Other energy facilities
X
X
X
X
X
X
P
X
X
 
Manufacturing, processing and assembly facilities
Asphalt and concrete plants
X
X
X
X
X
X
X
X
X
 
Assembly or packaging of articles
X
X
X
X
X
X
X
X
X
 
Beverage manufacturing, bottling and processing facilities
X
X
X
X
X
X
X
X
X
 
Brick and masonry facilities
X
X
X
X
X
X
X
X
X
 
Electrical equipment assembly
X
X
X
X
X
X
X
X
X
 
Fine craft and folk art production
P
P
P
P
P
P
P
P
X
 
Foundries
X
X
X
X
X
X
X
X
X
 
Manufacturing, processing, assembly and other industrial facilities
X
X
X
X
X
X
X
X
X
 
Metal products facilities (fabrication and assembly)
X
X
X
X
X
X
X
X
X
 
Recycling materials collection and processing
X
X
X
X
X
X
X
X
X
 
Resource extraction facilities
X
X
X
X
X
X
X
X
X
 
Stone cutting, shaping and finishing facilities
X
X
X
X
X
X
X
X
X
 
Waste recovery facilities
X
X
X
X
X
X
X
X
X
 
Other manufacturing, processing and assembly facilities
X
X
X
X
X
X
P
X
X
 
Warehousing
Warehousing and storage facilities
X
X
X
X
X
X
X
X
X
 
Junk yards, scrap yards, and salvage facilities
X
X
X
X
X
X
X
X
X
 
Landfills, and solid waste disposal facilities
X
X
X
X
X
X
X
X
X
 
Outdoor storage of construction equipment and materials
X
X
X
X
X
X
X
X
X
 
Outdoor storage in crates, trailers and storage units
X
X
X
X
X
X
X
X
X
§ 156.131(D)
Outdoor storage of vehicles, equipment and other goods
X
X
X
X
X
X
X
X
X
 
Other warehousing/storage facilities
X
X
X
X
X
X
P
X
X
 
Transportation
Aircraft hangars (commercial)
X
X
X
X
X
X
X
X
X
 
Airports, airfields and heliports
X
X
X
X
X
X
X
X
X
 
Bus, truck and transportation terminals, yards and parking lots
X
X
X
X
X
X
X
X
X
 
Distribution centers, parcel delivery centers and delivery warehouses
X
X
X
X
X
X
X
X
X
 
Taxi and pedicab storage and dispatch
X
X
X
X
X
X
X
X
X
 
Transit stops
S
S
S
S
S
S
S
S
X
 
Other transportation related facilities
X
X
X
X
X
X
P
X
X
 
PUBLIC/INSTITUTIONAL
Public Institutions
Post offices
X
X
X
X
S
X
P
S
X
 
Schools
S
X
X
S
X
P
P
P
X
 
Fire stations
S
P
P
S
P
P
P
P
X
 
Jails and prisons
X
X
X
X
X
X
X
X
X
 
Mental hospitals
X
X
X
X
X
X
X
X
X
 
Police stations
S
P
P
S
P
P
P
P
X
 
Town uses and facilities
P
P
P
S
P
P
P
P
P
 
United States government uses and facilities
P
P
P
P
P
P
P
P
P
 
Other public institutions
X
X
X
X
X
X
P
X
X
 
Religious Institutions
Accessory church schools
X
S
S
S
X
P
P
P
X
 
Cemeteries
X
X
X
S
X
X
P
X
X
 
Churches and religious institutions
X
S
S
S
S
S
P
S
X
 
Crematoriums (human or animal)
X
X
X
X
X
X
X
X
X
 
Customary accessory church facilities
X
S
S
S
X
X
P
S
X
§ 156.036(C)(8)
RECREATIONAL
Conservation and open spaces
P
P
P
P
P
P
P
P
P
 
Beach and sound accesses
P
P
P
P
P
P
P
P
P
 
Passive recreation facilities
P
P
P
P
P
P
P
P
P
 
Public parks and playgrounds (includes associated parking)
P
P
P
P
P
P
P
P
P
 
Public clubs and recreational areas
S
P
P
S
P
P
P
P
S
 
Private clubs, community centers and recreational facilities
X
S
S
S
S
S
P
X
X
§ 156.030(C)(3); § 156.032(C)(4)
Other recreational facilities
X
X
X
X
X
X
P
X
X
 
WIRELESS TELECOMMUNICATION SYSTEMS
Existing WTS - eligible facilities request
P
P
P
P
P
P
P
P
X
Existing WTS - substantial modification
X
X
S
X
S
S
S
S
X
Free-standing telecommunications tower
X
X
X
X
S
S
S
S
X
Antenna attached to building or structure
X
X
X
X
S
S
S
S
X
 
(Ord. 16-04, passed 7-6-2016; Am. Ord. 16-07, passed 11-2-2016; Am. Ord. 16-08, passed 2-1-2017; Am. Ord. 21-01, passed 6-2-2021)