(A) Outdoor recreational activities. Outdoor recreational activities limited to batting cages, miniature golf, ballfields, bumper boats, driving ranges, skateboard ramps, go-kart tracks, bumper car facilities, small amusement rides with maximum capacity of 24 persons, or trampoline with harness and tether shall be special uses in the commercial zone.
(1) The site for such activity must be at least two acres in size.
(2) No portion of the principal use, except parking and grassed areas, including natural grass putting courses, shall be located within 50 feet of the boundary line. No portion of the principal use, except parking, shall be located within 100 feet of the boundary line if adjoining a residential area or abutting a street that adjoins a residential area.
(3) The height of the structure or device shall not exceed 40 feet above the general ground elevation of the site.
(4) No loudspeaker devices for music or other broadcasting or amplification shall be used in connection with such activity so as to create a noise hazard or nuisance.
(5) The principal use must be screened by a fence no less than six feet in height and buffered with dense vegetation which is no less than ten feet in height to screen the area from adjoining districts. Where natural vegetation does not provide sufficient screening, the boundaries of the site must be planted with dense vegetation which will reach a mature growth of eight to ten feet within three years. Suitable plant types shall be those recommended by the U.S. Department of Agriculture for coastal areas. (Appendix A)
(6) The principal use shall be located in such a manner so as not to act as a traffic hazard for passing motorists and shall not have any spotlights or other lighting devices which shall interfere with either the adjoining uses or property or automotive traffic on adjoining streets or highways.
(7) The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining districts are kept to a minimum. The following conditions shall apply to skateboard ramps as special uses in the commercial zone:
(a) The skateboard ramp structure shall be approved by a North Carolina certified engineer;
(b) Time of operation shall be limited to 9:00 a.m. to 10:00 p.m.;
(c) Sound mitigation features shall be incorporated into construction of all skateboard ramps;
(d) Installation of skateboard ramp must meet current industry standards;
(e) Each owner of a skateboard ramp facility shall be required to submit to the town, annually upon renewal of the appropriate privilege license(s), a certificate of insurance verifying liability insurance coverage relieving the town of all liability;
(f) A provision for security of the skateboard ramp facility during hours of non-use and non-operation shall be included as a part of any application for this conditional use.
(8) The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining districts are kept to a minimum. The following conditions shall apply to go-kart tracks and bumper car facilities as special uses in the commercial zone:
(a) Time of operation shall be limited to 9:00 a.m. to 11:00 p.m. during Daylight Saving Time and 9:00 a.m. to 10:00 p.m. during Eastern Standard Time;
(b) Sound mitigation features shall be incorporated into construction of all go-kart tracks and bumper car facilities;
(c) Installation of go-kart tracks and bumper car facilities must meet current industry standards;
(d) A provision for security of the go-kart track and bumper car facilities during hours of non-use and non-operation shall be included as a part of any application for this special use;
(e) Carts and cars shall be powered by electric motors to limit engine noise of facility;
(f) The track and bumper car area shall be fenced or physically separated from customer observation areas or other features deemed hazardous to the participants/observers; and
(g) Noise limits shall be consistent with § 153.185.
(h) The minimum lot size for go-kart track and bumper car facilities shall not be less than 4.4 acres.
(B) Body piercing business. Body piercing establishment that is properly licensed in accordance with the regulations outlined within Ch. 114.
(D) Wind turbines.
(1) The site size for installation of a wind turbine shall be a minimum of one acre and shall have a separation of a minimum of 100 feet from any other wind turbine tower.
(2) Noise limits shall be consistent with § 153.185.
(3) The tower height shall not exceed 80 feet. The rotor size shall not exceed 23 feet in diameter. The combined height of the tower and rotor shall not exceed 92 feet above finished grade at the base of the tower.
(4) The tower shall be set back from all property lines a minimum distance equal to the combined height of the tower and rotor. In addition, the tower shall be set back from US 158 Bypass (Croatan Highway) and NC 12 (Virginia Dare Trail) a minimum distance of 250 feet.
(5) The turbine and tower shall be designed to withstand maximum wind speeds as stipulated in the North Carolina Building Code.
(6) The tower shall be self-supporting tubular tower (monopole); self-supporting lattice tower; or a guyed-lattice type tower with a minimum guy radius of 50% of tower height, and a maximum guy radius of 90% of tower height. No portion of the tower or guyed wires will interfere with fire lanes.
(7) A North Carolina licensed professional engineer must seal all structural plans.
(8) The base of the tower shall be secured in such a way to prevent unauthorized climbing.
(9) The power processor shall not exceed a rated power of ten kilowatts, and shall have an output of 240VAC, 60 hz, 1Ph. The processor shall be UL certified 1741, and in compliance with IEEE 929 & 519.
(10) No lighting (unless required by FAA Regulations) or signage of any kind shall be permitted on the tower or wind turbine.
(11) The tower and turbine shall be neutral in color and not create a visual distraction from the ground level.
(12) At such time the turbine is no longer functioning the tower shall be removed within 120 days.
(13) The tower, turbine and guy wires will meet all applicable FAA Regulations.
(14) No type of communications antennae or array, or antennae of any kind shall be allowed to be installed or connected to the wind turbine structure.
(E) Dog day care facility.
(1) Outdoor areas must be enclosed with metal, wood, or masonry fencing. Screening consistent with § 153.073(F)(2)(c) must be provided directly adjacent to the enclosure. Outdoor areas must provide an appropriate setback to any incompatible uses or zones. Vacant parcels shall be screened as if developed as residential.
(2) The number of dogs shall be specified and shall be in proportion to the size of the facility and setting.
(3) Hours of operation shall be specified as to preclude overnight kenneling.
(4) A written management plan addressing operations of facility, specifically to minimize odor and noise must be provided.
(5) Parking shall be provided at a ratio of one space per 200 square feet of indoor area.
(6) Dare County Health Department approval is required.
(7) The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining properties are kept to a minimum.
(F) Veterinary hospital/clinic.
(1) All pens and kennels shall be located in an enclosed, heated and air conditioned building.
(2) Outdoor areas must be enclosed with metal, wood, or masonry fencing. Screening consistent with § 153.073(F)(2)(c) must be provided directly adjacent to the enclosure. Outdoor areas must provide an appropriate setback to any incompatible uses or zones. Vacant parcels shall be screened as if developed as residential.
(3) The service of a boarding kennel, as defined in this chapter, shall not be allowed.
(4) A written management plan must be provided addressing operations of facility, specifically to minimize odor and noise.
(5) Parking shall be provided at a ratio of one space per 200 square feet of indoor area.
(6) Dare County Health Department approval is required.
(7) The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining properties are kept to a minimum.
(G) Event garden(s).
(1) Event gardens shall be an accessory use to a hotel or motel on the same lot. To meet the definition of “on the same lot”, lots or tracts utilized with this commercial special use shall be combined by either (a) a recombination plat prepared by a professional land surveyor for recordation at the Office of the Dare County Register of Deeds, or (b) a restrictive covenant tying the lots together for purposes of the special use prepared by an Attorney for recordation at the Office of the Dare County Register of Deeds. The format of the restrictive shall be reviewed and approved by the Town Attorney prior to recordation.
(2) The site designated for an event garden shall be a minimum of one acre in size.
(3) The area designated for the event garden shall be buffered on all sides by either a landscaped, earthen berm and/or decorative fencing constructed of block and/or wood no less than eight feet in overall, combined height.
(4) Any structures, temporary or permanent, associated with an event garden shall comply with § 153.181 Commercial Zone Setbacks.
(5) Event gardens shall comply with § 153.180(E) Commercial Zone Lot Coverage. Any tent erected for more than 30 consecutive days shall be considered lot coverage.
(6) Event gardens shall not begin operation before 7:00 a.m. and must cease at 11:00 p.m.
(7) An event that exceeds the approved capacity of the event garden shall be required to obtain special event permit in accordance with Chapter 111 Special Events – Charitable Events.
(H) Outdoor dining activity area(s).
(1) Outdoor dining activity area(s) shall be accessory to restaurant use only, not including drive-in restaurants.
(2) Outdoor dining activity area(s) shall have no scheduled events or activities before 7:00 a.m. nor after 11:00 p.m. on any day. There will be no music or games between 11:00 p.m. and 7:00 a.m.
(3) No cooking or serving utilities including grilles, bars or drink dispensers shall be permitted. All such cooking and serving utilities shall be contained within the principal building.
(4) Lighting and sound (including music or noise) must comply with the Town Code. Signage shall comply with the Town Code, including signs on umbrellas.
(5) The area must be kept clean of litter and maintained in a safe and sanitary condition.
(6) Appropriate waste receptacles with affixed lids shall be provided.
(7) On sides not adjoining the principal building the area designated as outdoor waiting activity area(s) shall be bordered by a minimum four foot high fence, with the exception of elevated, covered decks for which fencing requirements are already in place, and shall be buffered with landscaping as set forth in § 153.073(F)(2)(b).
(8) Outdoor dining activity area(s) may not be roofed or shaded in any way other than standard table umbrellas and sail shades. Erection of a tent subject to a special use or event permit from the town is not prohibited. Sail shade(s) shall be permitted provided the following conditions are met:
(a) Shall be located within setbacks;
(b) Shall be calculated for total lot coverage;
(c) Height shall not exceed 15 feet;
(d) No greater than 40% of the approved outdoor dining activity area can be covered with sail shade(s);
(e) Individual sail shade(s) shall not exceed 400 square feet;
(f) Meet all requirements of the NC Building Code; and
(g) Sail shade(s) shall be maintained as designed and if frayed (threadbare, worn, tattered, unraveled, etc.) or unsafe, the sail shade will be required to be removed, repaired, or replaced.
(9) Outdoor dining activity area(s) shall comply with minimum parking requirements for the primary structure as set forth in § 153.076.
(10) Outdoor dining activity area(s) must have Health Department approval and meet all aspects of the NC Building Code.
(11) Application for a special use permit shall include a standard commercial site plan and a written description of the function of the area including hours of operation, types of games or activities provided and what food and beverages if any may be consumed in the area. Means of compliance with outdoor alcoholic beverage consumption shall be included.
(12) The Planning Board may recommend to the Board of Commissioners, and the Board of Commissioners may impose, any additional conditions that they determine are appropriate to ensure that the off-site effects and any adverse effects to adjoining properties are kept to a minimum.
(Ord. 91-08, passed 11-18-91; Am. Ord. 93-06, passed 6-14-93; Am. Ord. 96-05, passed 4-24-96; Am. Ord. 97-05, passed 6-25-97; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 01-08, passed 7-25-01; Am. Ord. 02-09, passed 6-10-02; Am. Ord. 06-20, passed 8-14-06; Am. Ord. 07-16, passed 10-24-07; Am. Ord. 08-07, passed 2-27-08; Am. Ord. 10-01, passed 1-11-10; Am. Ord. 11-08, passed 5-25-11; Am. Ord. 11-21, passed 10-10-11; Am. Ord. 12-04, passed 3-28-12; Am. Ord. 13-3, passed 3-20-13; Am. Ord. 13-4, passed 4-24-13; Am. Ord. 13-16, passed 10-14-13; Am. Ord. 15-15, passed 5-16-16; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-8, passed 3-7-22)