Rodanthe Waves Salvo Zoning

Rodanthe
RWS-1 Residential
RWS-2 Alternative Residential
RWS-3 Commercial
S-2 District
Waves
RWS-1 Residential
RWS-2 Alternative Residential
RWS-3 Commercial
Salvo
RWS-1 Residential
RWS-2 Alternative Residential
RWS-3 Commercial
S‐1 zoning regulations adopted in 1987 – does not restrict uses but establishes regulations typically used to manage development such as ‐‐ Minimum lot sizes; setbacks, lot coverage limitations, building heights; dwelling densities for hotels and multifamily structures and gross floor area limitation of 20,000 sq ft for most commercial buildings Revised maps feature four new districts – two residential and two commercial ‐‐based on existing uses, workshop comments and development patterns along NC12 corridor Residential districts – RWS‐1 and RWS‐2 Dark Green ‐‐ RWS‐1 is primarily applied to platted subdivisions with restrictive covenants Light Green – RWS‐2 alternative residential district that allows SF dwellings, mobile homes, accessory dwelling units, traditional village businesses which are not permitted in RWS‐1. Commercial districts – RWS‐3 and S‐2 Dark blue – RWS‐3 is based on village commercial zoning districts used in other areas of unincorporated Dare County. Light blue – S‐2 district – variation of S‐1 with a broad range of residential and commercial uses permitted, light industrial uses permitted but does not allow high hazard industrial uses as classified in NC building codes Other standards for RWS‐3 and S‐2 districts Lighting standards – based on existing village commercial standards found in Zoning Ordinance Discontinued Business Sites – new standards drafted as part of this process Buffering ‐‐ more specific than general language of “visual buffer” – vegetation or fencing options; if commercial use is there first and residential use is proposed for adjoining lot buffering language is not applied. Also not applied to existing commercial sites unless triggered by additions or expansions of uses at commercial site. Multi‐use Path – Standards to address repairs to path if impacted by new development/driveways Restaurants/Food stands – does not permit mobile food carts or push carts Mining activities – does not permit such activities in the two commercial districts USE RWS‐1 Perm Cond Single family dwelling X Duplex structure Accessory uses X Accessory dwelling Mobile homes Mobile home Exception Minor mobile Home Park Major mobile home park County facilities X Child care homes X Comm fishing operations X Agric/livestock for personal use Art and photo studios Bait and tackle shops Bakeries and caterers Banks and financial Barbers /beauty shops Bed/breakfast home X Large b&b homes Multifamily structures Home occupations X Trad. village business Bldgs over 3,000 sq ft (commercial use) Boat sales/repair/storage Boat buildings/dry dock storage Cell towers Concrete finishing Contractor/subcontractor offices and storage Churches/cemeteries X Church child care X Distilleries and breweries Equipment rentals/bike rentals Fire stations/public bldgs. X Fishing piers Fitness & exercise studios Florists Food stores/conv. stores Fuel service centers Funeral homes (not to include crematoriums) Furniture Group developments Golf courses Gunsmiths and gun shops RWS‐2 Perm Cond X X X X X X X X X X X X RWS‐3 Perm Cond X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X S‐2 Perm X x X x x x X X X X X Cond X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Hardware/building supply stores/lumber yards with outdoor storage Historic sites Hospitals Hotels/motels Indoor recreational uses Industrial equipment sales and service Lawn care, landscaping, garden centers Light industrial LP gas sales//service/bulk storage Marinas Massage therapy/chiropractic Museums Offices Outdoor recreational uses Paint shops/sandblasting Pet grooming/kennels Pharmacies Produce/fruit stands Private subd amenity areas Public/private utilities Recycling (private) centers Radio/TV studios Restaurant/food stands Residential group dvlps Retail/wholesale sales Seafood markets Service establishments Sheet metal fabrication/welding State/fed parks Storage warehouses Tattoo/body piercing Taxi service Theaters Towing service/impoundment Travel trailer parks Vehicle repairs and storage Watersports facilities –
rentals and lessons Wedding /event centers X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X x X RWS‐1 RESIDENTIAL Similar to other single family zoning districts used elsewhere in unincorporated Dare County. Applied to platted subdivisions with residential restrictive covenants. Setbacks and lot coverage limitations from S‐1 district used. Building height remains at 52’. Older lots subject to Section 22‐47 which establishes setbacks and lot coverage standards for lots less than 15,000 square feet in area. Permits commercial fishing operations including boat storage and gear storage Does not permit mobile homes or accessory dwelling units Permits home occupations, child care homes, churches and short list of other uses typically found in R‐1 or RS‐1 zoned areas. Shown as dark green districts on draft maps RWS‐1 Sept 24,2015 RWS-RESIDENTIAL ZONING DISTRICT (RWS-1)
(a) Scope and intent: The intent of the RWS residential zoning district is to provide for
single-family residential land use on individual lots. This district is intended to promote
stable residential neighborhoods of year-round residents and seasonal vacation rentals in
platted subdivisions and group developments with typical construction consisting of
detached single family dwellings and customary accessory uses.
(b) Permitted Uses --The following uses shall be permitted by right and any use not
permitted herein shall be deemed prohibited. Any use in existence on (insert date of
adoption shall be allowed to continue in operation without seeking approval from Dare
County.
(1)
Detached Single-family dwellings
(2)
Accessory uses in conjunction with a residential use including garages, storage
sheds, pools and other accessory use buildings which are subordinate in size to the
principal use structure. This does not include accessory dwelling units as
permitted in the RWS-2 district.
(3)
County owned or leased facilities
(4)
Federal, state and/or county-owned parks and playgrounds
(5)
Commercial fishing operations including boat storage, net storage, crab pot
storage and crab shedding operations.
(c) Conditional uses. The following conditional uses and no other conditional uses may be
permitted, subject to the requirements of this district and the regulations and requirements
imposed by the Board of Commissioners. Any use not permitted herein shall be deemed
prohibited. Any use in existence on )insert date of adoption) shall be allowed to
continue in operation without seeking approval from Dare County.
(1) Bed and breakfast home as defined in Section 22-2 of the Zoning Ordinance. This
does not include large bed and breakfast homes.
(2) Home occupations as defined in Section 22-2 of the Zoning Ordinance.
(3) Family child care homes and residential child care center as defined in Section 22-2
of the Zoning Ordinance.
(4) Private subdivision amenity areas including boat launching areas, boat docks, tennis
courts, community swimming pools, recreation centers, picnic areas, clubhouses,
playgrounds, and restroom areas provided access is restricted to use by subdivision
lot owners and their guests and tenants.
(5) Churches, church-related facilities and cemeteries.
(6) Child care facilities which are an accessory use of an existing or proposed church,
public school or other public building.
(7) Fire stations and other public buildings
(8) Public and private utility facilities and substations
(9) Residential group housing developments subject to the following conditions
a. The site must be a minimum of one acre in size
1 RWS‐1 Sept 24,2015 b. Other applicable provisions of Section 22-31 of the Dare County Zoning
Ordinance
(d) Dimensional requirements
1. Minimum lot size:
a. Single family lots served by a private well regardless of the method of wastewater
treatment --20,000 contiguous square feet of soils classified as “suitable” for
wastewater treatment systems in the USDA soil survey for Dare County or by the
Dare County Department of Health and Human Services.
b. Single family lots served by a central water supply regardless of the method of
wastewater treatment – 15,000 contiguous square feet of soils classified as
“suitable” for wastewater treatment in the USDA soil survey for Dare County or
by the Dare County Department of Health and Human Services.
2. Minimum lot width – 75 feet measured at the building setback line.
3. Minimum front yard setback: 25 feet from front property line
4. Minimum side yard setback: 10 feet from side property line. An additional 5 feet
adjacent to the street is required for a corner lot.
5. Minimum rear yard setback: 20 feet from rear property line.
6. Maximum allowable lot coverage: 30% as defined in Section 22-2. Lot coverage up
to 50% of the lot area may be authorized for those sites with a church, child care
facilities associated with a church, fire station or other public building.
7. Maximum height limitation – Highest floor level shall be no greater than 35 feet
above the lowest ground grade within a 50-foot perimeter of the exterior walls.
Overall height of a structure from ground grade to its highest point shall not exceed
52 feet. Chimneys, lightning rods, weather vanes, wind gauges, and other similar
roof appurtenances shall not be considered the highest portion of the roof.
2 RWS‐2 RESIDENTIAL More flexible than RWS‐1 – broader range of residential uses permitted Permits mobile homes, duplexes, accessory dwelling units, mobile home parks and traditional village businesses. Permits child care homes, bed and breakfast homes, churches and handful of other uses. Setbacks and lot coverage limitations from S‐1 district used. Building height remains at 52’. Older lots subject to Section 22‐47 which establishes setbacks and lot coverage standards for lots less than 15,000 square feet in area. Permits commercial fishing operations including boat storage and gear storage Shown as light green areas on draft maps RWS‐2 September 24, 2015 RWS -2 Alternative residential
(a) Scope and intent: The intent of the RWS-2 alternative residential zoning district is to
provide for single-family residential dwellings, mobile homes individual lots or located in
addition to another dwelling on a lot The RWS-2 district is intended for year-round
neighborhoods with a mix of seasonal vacation rentals and a limited range of commercial
uses.
(b) Permitted Uses --The following uses shall be permitted by right and any use not
permitted herein shall be deemed prohibited. Any use in existence on (insert date of
adoption) will be allowed to continue in operation without seeking approval from Dare
County.
(1)
Detached single-family dwellings
(2)
Duplex structures
(3)
Accessory uses in conjunction with a residential use including garages, storage
sheds, pools and other accessory use buildings.
(4)
Accessory dwelling units associated with principal residential use subject to
compliance with all supplementary local, state, and federal permit approvals and
in addition to the following:
a. An accessory dwelling unit may be attached to the principal residence or may
be detached from the principal residence. The size of an accessory dwelling
unit, whether attached or detached from the principal residence, shall not
exceed 900 square feet of heated space.
b. An accessory dwelling unit, whether attached to or detached from the
principal residence, shall be located on the site in conformance with the
building setbacks of this zoning district.
c. The owner of the property and/or family member shall occupy either the
primary residence or accessory dwelling unit.
d. One additional off-street parking space shall be required.
e. Travel trailers and recreational vehicles shall not be used as accessory
dwelling units.
f. Accessory dwelling units may be used for home occupations as defined in
Section 22-2 of the Zoning Ordinance.
(5)
Mobile homes on individual lots provided that:
a. They are placed on foundations and anchored according to the North
Carolina State Building Code for mobile homes in a hurricane area.
b. The requirements of the building inspector regarding skirting material and
skirting areas are complied with.
(6)
Mobile Home Exceptions – The placement of not more than two mobile homes or
one mobile home and one single family home on the same lot in single ownership
provided that:
1 RWS‐2 September 24, 2015 (7)
(8)
(9)
(10)
(11)
(12)
(13)
a.
b.
c.
d.
e.
f.
g.
a. The area of the lot to be exempted is not less than 40,000 square feet or
30,000 square feet if a central water supply is available.
b. The soils on the lot to be exempted have been evaluated and determined to be
suitable for on-site septic tank system (or systems) of a size sufficient to
dispose of wastewater from both units according to the minimum
specifications.
c. All structures are located on the property consistent with the setback
requirements of subsection (d) and are separated by not less than 20 feet from
the other mobile home or single family home located on the same site.
County owned or leased facilities
Family child care homes and residential child care center as defined in Section
22-2 of the Zoning Ordinance.
Commercial fishing operations including boat storage, net storage, crab pot
storage and crab shedding operations.
Agriculture, farming, livestock, waterfowl, poultry, and related activities for
personal use.
Federal, state and/or county parks and playgrounds
Minor mobile home parks
Traditional village business – commercial activities conducted by the owner
and/or family member residing on the property in conjunction with residential
uses occurring on the same parcel provided the following conditions are met:
The property owner and/or family member operates the traditional village
business and resides on the premises.
Merchandise produced on or off the premises may be sold at the site.
The traditional village business may be located in an accessory building
located on the same premises or may be located in a portion of a residential
structure. Such area dedicated to the traditional village business shall not
exceed 1200 square feet of total floor area.
On-site parking for up to four spaces shall be provided on the site for the
traditional village business in addition to parking areas designated for the
residential use.
One indirectly lighted freestanding sign, not to exceed 32 square in area, may
be posted on the property.
Up to three non-resident employees may be employed at the traditional village
business
Buffers – Solid, opaque fencing of 6 feet in height shall be provided where the
traditional village business abuts a residential use. In lieu of the wooden
fencing, a vegetative buffer of may be used by the property owner as a visual
buffer provided the vegetation is of appropriate height and density to provide
2 RWS‐2 September 24, 2015 screening from the abutting residential use. Buffers shall be maintained by
the property owner to ensure compliance with the ordinance.
h.
Setbacks – Minimum setbacks of 15 feet from front property line, 10 feet from
any side or rear property line.
i.
The following uses may be permitted as traditional village businesses
1. Offices: business, professional, medical and financial including
contractors and subcontractors offices. There shall be no outside
storage of supplies or materials at contractors and subcontractors
offices; such supplies and materials shall be stored in an enclosed
structure. Vehicles and equipment used in conjunction with the
business may be parked at the site.
2. Retail/wholesale -- sales of antiques and furniture; apparel, books,
baked goods; bait and tackle; electronics and computers; flowers;
ice cream; coffee products; fruit and vegetable stands; gifts, art
supplies and crafts; hunting, sporting and fishing supplies;
jewelry; toys; photography products
3. Service establishments – beauty salons including nail, tanning and
spa services; barber shops; landscape and lawn care; photographer;
caterer; music lessons; boat repair and engine repair; kayak and
non-motorized boat rentals.
(c) Conditional uses. The following conditional uses and no other conditional uses may be
permitted, subject to the requirements of this district and the regulations and requirements
imposed by the Board of Commissioners. Any use not permitted herein shall be deemed
prohibited. Any use in existence on (insert date of operation) shall be allowed to
continue in operation without seeking approval from Dare County.
(1) Bed and breakfast homes and large bed and breakfast homes as defined in Section 222 of the Zoning Ordinance.
(2) Churches, church-related facilities, and cemeteries
(3) Child care facilities which are an accessory use of an existing or proposed church,
public school, or other public building
(4) Fire stations and other public buildings
(5) Public and private utility facilities and substations
(6) Major mobile home parks
(7) Residential group housing developments subject to the following conditions
a. The site must be a minimum of one acre in size
b. Only those residential uses listed in the RWS-2 district may be authorized as
part of a group housing development. .
c. Other applicable provisions of Section 22-31 of the Zoning Ordinance.
3 RWS‐2 September 24, 2015 (d) Dimensional requirements
1. Minimum lot size:
a. Single family lots served by a private well regardless of the method of wastewater
disposal --20,000 contiguous square feet of soils classified as “suitable” for
wastewater treatment systems in the USDA soil survey for Dare County or by the
Dare County Department of Health and Human Services.
b. Single family lots served by a central water supply regardless of the method of
wastewater treatment – 15,000 contiguous square feet of soils classified as
“suitable” for wastewater treatment in the USDA soil survey for Dare County or
by the Dare County Department of Health and Human Services.
c. Duplex: 25,000 contiguous square feet of soils classified as “suitable” for
wastewater treatment systems in the USDA soil survey for Dare County or by the
Dare County Department of Health and Human Services.
2. Minimum lot width – 75 feet measured at the building setback line.
3. Minimum front yard setback: 25 feet from front property line
4. Minimum side yard setback: 10 feet from side property line. An additional 5 feet
adjacent to the street is required for a corner lot.
5. Minimum rear yard setback: 20 feet from rear property line.
6. Maximum allowable lot coverage: 30% as defined in Section 22-2. 50% lot
coverage for those sites with an accessory dwelling unit, a mobile home exemption,
traditional village business, church, child care facilities associated with a church, fire
station or other public building.
7. Maximum height limitation – Highest floor level shall be no greater than 35 feet above
the lowest ground grade within a 50-foot perimeter of the exterior walls. Overall height
of a structure from ground grade to its highest point shall not exceed 52 feet. Chimneys,
lightning rods, weather vanes, wind gauges, and other similar roof appurtenances shall
not be considered the highest portion of the roof.
4 RWS‐3 COMMERCIAL Commercial district designed to provide range of goods and services for residents and visitors Residential uses of RWS‐1 and RWS‐2 permitted Commercial uses based on existing uses already in the area but includes other uses that would be expected in a village commercial district. Setbacks and lot coverage limitations from S‐1 district used. Building height remains at 52’. Permits commercial fishing operations including boat storage and gear storage New commercial development with buildings over 3,000 square feet subject to conditional use review by Planning Board and Board of Commissioners. Shown as dark blue areas on draft maps RWS‐3 September24, 2015 RWS-3 DISTRICT
(a) Scope and intent: The RWS-3 zoning district is established as transitional zone between
the residential neighborhoods and the more intensely developed commercial areas by
providing for a limited number of commercial businesses to serve the permanent
residents and seasonal visitors in a coastal village setting.
(b) Residential Uses: Residential uses are permitted in the RWS-3 district and shall be of a
non-itinerant nature. Any use not listed herein shall be deemed prohibited. Any use in
existence on (insert date of adoption) shall be allowed to continue in operation without
seeking approval from Dare County.
1. Permitted uses subject to administrative review and approval by the Dare County
Planning Department:
a. Single family dwellings, duplexes, and mobile homes on individual lots
b. Customary accessory uses. Customary accessory uses are swimming pools,
detached garages, storage sheds, hot tubs and other subordinate structures
located on the same lot as the principal dwelling unit.
c. Accessory dwelling units – one per lot in conjunction with another residential
structure. The accessory use dwelling shall be subordinate in size to the
principal dwelling unit and shall not exceed the total conditioned square
footage of the primary dwelling unit.
d. Family child care homes, residential child care centers and commercial child
care centers
e. Small bed and breakfast homes and large bed and breakfast homes as defined
in Section 22-2 of the Zoning Ordinance.
f. Mobile home exceptions – the placement of not more than two mobile homes
on the same lot or one mobile home and one single family dwelling on the
same lot provided the lot is not less than 40,000 square feet or 30,000 square
feet of area if connected to the Dare County central water system. All
structures located on the lot shall be subject to the setbacks requirements of
this section and shall be separated by not less than 20 feet from the other
mobile home or dwelling on the same lot.
g. Minor mobile home parks according to the provisions of the Dare County
Mobile Home Park Ordinance.
h. Multi-family structures including triplexes, apartments, boarding houses,
townhomes, and condominiums.
i. Traditional village business – a commercial accessory use conducted by the
owner and/or a family member residing on same property and which is
subordinate to the principal dwelling use. Any commercial use may be
authorized as a traditional village business but in no instance shall an
industrial use as defined in subsection (d) be authorized as a traditional village
business.
1 RWS‐3 September24, 2015 2. Conditional uses subject to review and approval by the Planning Board and Board of
Commissioners as established in Section 22-68 of this chapter Any use in existence
on (insert date of adoption) shall be allowed to continue in operation without seeking
approval from Dare County.
a. Residential group developments whereby more than one residential dwelling is
located on one parcel as defined in Section 22-31 of this chapter.
b. Major mobile home parks according to the provisions of the Dare County Mobile
Home Park Ordinance.
(c) Dimension requirements for residential uses
1. Minimum lot size
a. Single family lots served by a private well and an individual on-site wastewater
system: 20,000 contiguous square feet of soils classified as “suitable” for
wastewater treatment systems in the USDA soil survey for Dare County or by the
Dare County Department of Health and Human Services.
b. Single family lots served by a central water supply and an individual on-site
wastewater system: 15,000 contiguous square feet of soils classified as “suitable”
for wastewater treatment in the USDA soil survey for Dare County or by the Dare
County Department of Health and Human Services.
c. Duplex structures to be served by a private well and an individual on-site
wastewater system: 30,000 contiguous square feet of soils classified as “suitable”
for wastewater treatment systems in the USDA soil survey for Dare County or by
the Dare County Department of Health and Human Services. If a central water
supply is available, the minimum lot size may be reduced to 25,000 square feet of
soils classified as “suitable” for wastewater treatment in the USDA soil survey for
Dare County or by the Dare County Department of Health and Human Services.
If central water and off-site wastewater treatment is available, the minimum lot
size may be reduced to 20,000 square feet of soils classified as “suitable” for
wastewater treatment in the USDA soil survey for Dare County or by the Dare
County Department of Health and Human Services.
2.
Density limitations for multi-family structures:
a. Structures on a lot or tract that has no soils classified as wetlands, coastal
marsh, or Section 404 jurisdictional soils: 5 units per acre
b. Structures on a lot or tract that has .01% to 19.9% of soils that are classified
as wetlands, coastal marsh, or Section 404 jurisdictional soils: 4 units per acre
c. Structures on a lot or tract of land that has more than 20% of its soils
classified as wetlands, coastal marsh or Section 404 jurisdictional soils: 3
units per acre.
3. Minimum lot width for lots platted and recorded in the Dare County Register of
Deeds after date of adoption: 75 feet measured at the building setback line.
2 RWS‐3 September24, 2015 4. Minimum front yard setback: 25 feet
5. Minimum side yard setback: 10 feet, an additional 5feet adjacent to the street for a
corner lot. For lots with fifty feet or less of width existing prior to September 9,
1987 the minimum side yard setback shall be 8 feet.
6. Minimum rear yard setback: 20 feet
7. Maximum allowable lot coverage 30%. Lot coverage of 50% for those sites with
an accessory dwelling unit and/or a traditional village business.
8. Height limitation: Highest floor level shall be no greater than 35 feet above the
lowest ground grade within a 50-foot perimeter of the exterior walls. Overall height
of a structure from ground grade to its highest point shall not exceed 52 feet.
Chimneys, lightning rods, weather vanes, wind gauges, and other similar roof
appurtenances shall not be considered the highest portion of the roof.
(d) Commercial Uses: Commercial uses are permitted in the RWS-3 district and shall be of
a non-itinerant nature. Any use not listed herein is deemed to be prohibited. Any use
in existence on (insert date of adoption) shall be allowed to continue in operation without
seeking approval from Dare County.
1. Review and Approval Procedures for Commercial Uses
a. Commercial uses with a maximum gross floor area less than 3,000 square feet
shall be subject to administrative site plan review and approval by the Planning
Department.
b. Commercial uses with a maximum gross floor area equal to or exceeding 3,000
square feet shall be subject to conditional use review and approval according to
Section 22-68 of this Zoning Ordinance..
c. Commercial uses listed under the Conditional Use heading of this subsection shall
be subject to review and approval according to Section 22-68 of the Zoning Ordinance
regardless of the amount of gross floor area or gross commercial development area
proposed.
d. Additions to an existing commercial structure shall be subject to the applicable review
procedures as outlined above using the 3,000 square feet threshold for gross floor area
or gross commercial development area.
2. Permitted Uses:
a. Churches and cemeteries including church operated child care facilities
b. Commercial fishing operations including boat storage, net storage, crab pot storage
and crab shedding operations.
3 RWS‐3 September24, 2015 c. agricultural, farming, livestock waterfowl, poultry and related activities for personal
use.
d. art and photography studios
e. bait and tackle shops
f. bakeries and caterers
g. banks and other financial institutions
h. barbers and beauty shops including tanning and nail salons
i. general contractor and sub-contractor offices with associated outdoor storage.
j. county owned or leased facilities;
k. equipment rentals including bicycle rentals
l. fire stations, schools and other public buildings, parks and playgrounds
m. fitness and exercise studios
n. florists
o. food stores including convenience stores
p. fuel service centers as principal uses only or in conjunction with a retail facility
provided all fuel pumps, equipment, and canopies shall be located a minimum of 25
feet from any property line.
q. furniture stores
r. gunsmiths and gun shops
s. hardware and building supply stores with outdoor storage
t. historical sites and museums
u. indoor recreational uses
v. lawn care, landscaping services and garden centers with associated outdoor plant
storage
w. massage therapy and chiropractic offices
x. pet grooming, may include overnight boarding and kennels
y. pharmacies
4 RWS‐3 September24, 2015 z. professional offices including business, medical, and real estate sales and property
management,
aa. produce and fruit stands
bb. restaurants and food stands not to include mobile food units or pushcarts. A food
stand is a building placed on a lot in a permanent or stationary manner from which
food and beverages including ice cream and other frozen items are prepared and sold
to patrons for off premises consumption only. Building used in this context does not
include mobile equipment or vehicles. In order to qualify as a food stand, no indoor or
outdoor seating may be provided for on-premise consumption. A minimum of ten
parking spaces shall be provided at any food stand. Public restrooms, not to include
portable toilets, shall be provided at any restaurant or food stand.
cc. Retail and wholesale sales of antiques, apparel, shoes, books and magazines,
electronics and computers, food, seafood, beverages, gifts, home décor, art supplies,
hunting and fishing supplies, jewelry, toys, sporting goods, ice, appliances, hobby
goods, upholstery, leather goods,
dd. Seafood markets
ee. service establishments for pool cleaning; automotive detailing; photography,
music lessons, dry-cleaning and laundry pick-up; sewing and alterations; window
cleaning and other professional cleaning services;
ff. tattoo and body piercing studios
gg. wedding event centers and group meeting facilities – parking shall be based on the
maximum occupancy of the center as determined by the North Carolina building
codes. One 10’ x 20’ space for every four persons or a minimum of 30 spaces
whichever is greater.
3. Conditional uses subject to review and approval according to Section 22-68 of the
Dare County Zoning Ordinance.
a. Group developments – residential uses, commercial uses or a mixture of residential
and commercial uses according to the standards of Section 22-31.
For a group
development consisting of both residential and commercial uses, a maximum lot
coverage of 30% shall apply if the total residential gross floor area of all residential
buildings equals to or exceeds 50% of the overall development floor area. A
maximum lot coverage of 60% shall apply if the commercial gross floor area of all
commercial buildings equals to or exceeds 50% of the overall development floor area.
5 RWS‐3 September24, 2015 b.
c.
d.
e.
f.
g.
h.
i.
j.
Boat, boat motors, and boat trailer sales and repairs including outdoor storage
Fishing piers
Hotels and motels
Marinas
Outdoor recreational uses as defined in Section 22-2
Public and private utility facilities
Storage warehouses
Recycling facilities – privately owned
Travel trailer parks according to the provisions of the Travel Trailer Park
Ordinance
k. Vehicle repairs with or without outdoor storage of vehicles
l. Vehicles sales and rentals
m. Watersports facilities offering rentals of boats, equipment and offering
watersports lessons
(e)
Dimensional requirements for commercial uses
Minimum lot size: 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 Article
VII of this chapter.
2. Density limitations for hotels, motels and similar structures:
a. Structures on a lot or tract that has no soils classified as wetlands, coastal marsh,
or Section 404 jurisdictional soils: 10 rental units per acre
b. Structures on a lot or tract that has .01% to 19.9% of soils that are classified as
wetlands, coastal marsh, or Section 404 jurisdictional soils: 8 rental units per acre
c. Structures on a lot or tract of land that has more than 20% of its soils classified as
wetlands, coastal marsh or Section 404 jurisdictional soils: 6 rental units per acre.
3. Minimum lot width – 75 feet measured at the building setback line.
4. Minimum front yard setback: 25 feet from front property line
5. Minimum side yard setback: 10 feet from side property line. An additional 5 feet
adjacent to the street is required for a corner lot.
6. Minimum rear yard setback: 20 feet from rear property line.
7. Maximum allowable lot coverage: 60%
8. Maximum height limitation – Highest floor level shall be no greater than 35 feet above
the lowest ground grade within a 50-foot perimeter of the exterior walls of the
structure. Overall height of a structure from ground level to its highest point shall not
exceed 52 feet. Chimneys, lightning rods, weather vanes, wind gauges, and other
similar roof appurtenances shall not be considered the highest portion of the roof.
9.
Maximum gross building size: 20,000 square feet excluding decks, porches and
similar non-heated space. Non-heated space including decks and porches shall not be
used as retail space for the display of goods or other commercial activities. Group
developments: 20,000 square feet per individual building, excluding decks and
porches.
1.
6 RWS‐3 September24, 2015 This gross building size limitation shall not apply to hotels and motels. (Maximum
floor area standards originally adopted by Dare County Board of Commissioners on
May 6, 2002)
In the event a natural disaster or accidental occurrence leads to extensive damage (in
excess of 50% value) of a structure or group development project in existence prior to
May 6, 2002, such structure or group development may be repaired, replaced, or
reconstructed to 100% of its status prior to damage or destruction but no greater
unless otherwise authorized by the Dare County Board of Commissioners.
(f) Non-conformities
1. In the event of a natural disaster or accidental occurrence leads to an extensive damage of
an existing use or structure that use may be repaired or replaced to 100% of its status as
of September 8, 1987 but no greater and only to the extent that it cannot be built in
conformity with these regulations. This provision shall become invalid on September 8,
2017.
2. Any proposed addition or alteration to an existing use or structure must conform to those
guidelines in effect at the time of permit application for such an addition or alteration is
made. (g) Other Standards
1. Buffering –for any commercial developments permitted after (date of adoption), a buffer
of vegetation or solid fencing of wood or composite material shall be installed along any
property line that abuts an existing residential use or a residential zoning district. Fencing
shall be a minimum of six feet in height. Fencing shall be maintained by the property
owner and/or business operator. Vegetated buffers shall be a minimum of five feet in
width. Vegetation, when planted, shall be of sufficient size to reach a height of 6 feet
within 12 months of installation. Vegetative buffers shall be maintained to ensure
survivability and longevity. Any dead or damaged vegetation shall be replaced to ensure
the buffer remains intact. Existing vegetation shall be used whenever possible for
buffering purposes if the existing vegetation if of sufficient height and width to effectively
buffer the abutting residential use or residential district. Commercial uses in existence on
(date of adoption) shall not be required to install a buffer along any rear or side property
line that abuts a residential use or residential district. However, any improvement to a
commercial use that increases the footprint of any building by 50% or more or adds
another commercial principal use structure to the site shall require the installation of a
vegetative buffer as detailed above. For those commercial uses subject to conditional
use review, buffers shall be as determined during the review process based on the
specifics of the project. If a residential use is constructed on a lot adjacent to an
existing commercial use, then the buffer requirements shall not be applied to the
commercial use since it existed prior to the construction of the residential use.
7 RWS‐3 September24, 2015 2. For construction projects on properties that abut the multi-use path along NC Highway
3.
12, no staging or equipment or blocking of the multi-use path shall occur during
construction activities. If the impervious surface of the multi-use path is to be removed
during construction, the developer and/or property owner shall submit a plan for safe
passage or detour around the affected area of the multi-use path. Safety cones shall be
placed in the area to alert users of the path of the change in surface. Replacement of the
impervious surface, including striping of the surface if applicable, shall be made by the
developer and/or property owner within three months from the date of removal or before
the certificate of occupancy is issued by Dare County whichever occurs first. Repairs or
replacement of the surface materials and striping shall be approved by Dare County. Excavation, digging, and/or mining activities are prohibited within the S-2 district. This
includes excavation, site work, digging, de-watering, loading or unloading of equipment
including the loading of trucks of excavated materials for off-site delivery that may occur
in conjunction with the construction or operation of a borrow pit. This prohibition does
not apply to any land disturbing or other construction work associated with the
construction of the Bonner Bridge or other North Carolina Department of Transportation
bridge projects proposed for Hatteras Island.
8 S‐2 COMMERCIAL Commercial district with a broad range of uses – residential, commercial and light industrial. Similar to S‐1 except industrial uses listed as high hazard in NC building code are not permitted. Industrial uses must be separated by 75 feet from residential or commercial use – measured from property line to property line not from structure to structure. Setbacks and lot coverage limitations from S‐1 district used. Building height remains at 52’. Permits commercial fishing operations including boat storage and gear storage New commercial development with buildings over 3,000 square feet subject to conditional use review by Planning Board and Board of Commissioners. S‐2 Shown as light blue areas on draft maps S‐2 SEPTEMBER 24, 2015 S-2 DISTRICT
(a) Scope and intent: The S-2 zoning district is established as a transitional zone utilizing
dimensional standards, density limitations, separation standards, lighting and parking
requirements and other tools to address the impacts of a mixture of land uses while still
allowing flexibility in the range of uses and services authorized for development.
(b) Residential Uses: Residential uses are permitted in the S-2 district and shall be of a nonitinerant nature. Any use in existence on (insert date of adoption shall be allowed to
continue in operation without seeking approval from Dare County.
1. Permitted uses subject to administrative review and approval by the Dare County
Planning Department:
a. Single family dwellings, duplexes, and mobile homes on individual lots.
b. Customary accessory uses. Customary accessory uses are swimming pools,
detached garages, storage sheds, hot tubs and other subordinate structures
located on the same lot as the principal dwelling unit.
c. Accessory dwelling units – one per lot in conjunction with another residential
structure. The accessory use dwelling shall be subordinate in size to the
principal dwelling unit and shall not exceed the total conditioned square
footage of the primary dwelling unit.
d. Family child care homes, residential child care centers, and commercial child
care centers
e. Bed and breakfast homes and large bed and breakfast homes as defined in
Section 22-2 of the Zoning Ordinance.
f. Mobile home exceptions – the placement of not more than two mobile homes
on the same lot or one mobile home and one single family dwelling on the
same lot provided the lot is not less than 40,000 square feet or 30,000 square
feet of area if connected to the Dare County central water system. All
structures located on the lot shall be subject to the setbacks requirements of
this section and shall be separated by not less than 20 feet from the other
mobile home or dwelling on the same lot.
g. Minor mobile home parks according to the provisions of the Dare County
Mobile Home Park Ordinance.
h. Multi-family structures including apartments, boarding houses, townhomes,
and condominiums.
i. Traditional village business – a commercial accessory use conducted by the
owner and/or a family member residing on same property and which is
subordinate to the principal dwelling use. Any commercial use may be
authorized as a traditional village business but in no instance shall an
industrial use as defined in subsection (d) be authorized as a traditional village
business.
1 S‐2 SEPTEMBER 24, 2015 2. Conditional uses subject to review and approval by the Planning Board and Board of
Commissioners as established in Section 22-68 of this chapter
a. Residential group developments whereby more than one residential dwelling is
located on one parcel as defined in Section 22-31 of this chapter.
b. Major mobile home parks according to the provisions of the Dare County Mobile
Home Park Ordinance.
(c) Dimension requirements for residential uses
1. Minimum lot size
a. Single family lots served by a private well and an individual on-site wastewater
system: 20,000 contiguous square feet of soils classified as “suitable” for
wastewater treatment systems in the USDA soil survey for Dare County or by the
Dare County Department of Health and Human Services.
b. Single family lots served by a central water supply and an individual on-site
wastewater system: 15,000 contiguous square feet of soils classified as “suitable”
for wastewater treatment in the USDA soil survey for Dare County or by the Dare
County Department of Health and Human Services.
c. Duplex structures to be served by a private well and an individual on-site
wastewater system: 30,000 contiguous square feet of soils classified as “suitable”
for wastewater treatment systems in the USDA soil survey for Dare County or by
the Dare County Department of Health and Human Services. If a central water
supply is available, the minimum lot size may be reduced to 25,000 square feet of
soils classified as “suitable” for wastewater treatment in the USDA soil survey for
Dare County or by the Dare County Department of Health and Human Services.
If central water and off-site wastewater treatment is available, the minimum lot
size may be reduced to 20,000 square feet of soils classified as “suitable” for
wastewater treatment in the USDA soil survey for Dare County or by the Dare
County Department of Health and Human Services.
2.
Density limitations for multi-family structures:
a. Structures on a lot or tract that has no soils classified as wetlands, coastal
marsh, or Section 404 jurisdictional soils: 5 units per acre
b. Structures on a lot or tract that has .01% to 19.9% of soils that are classified
as wetlands, coastal marsh, or Section 404 jurisdictional soils: 4 units per acre
c. Structures on a lot or tract of land that has more than 20% of its soils
classified as wetlands, coastal marsh or Section 404 jurisdictional soils: 3
units per acre.
3. Minimum lot width for lots platted and recorded in the Dare County Register of
Deeds after date of adoption: 75 feet measured at the building setback line.
4. Minimum front yard setback: 25 feet
2 S‐2 SEPTEMBER 24, 2015 5. Minimum side yard setback: 10 feet, an additional 5feet adjacent to the street for a
corner lot. For lots with fifty feet or less of width existing prior to September 9,
1987 the minimum side yard setback shall be 8 feet.
6. Minimum rear yard setback: 20 feet
7. Maximum allowable lot coverage 30%. Lot coverage of 50% for those sites with
an accessory dwelling unit and/or a traditional village business.
8. Height limitation: Highest floor level shall be no greater than 35 feet above the
lowest ground grade within a 50-foot perimeter of the exterior walls. Overall height
of a structure from ground grade to its highest point shall not exceed 52 feet.
Chimneys, lightning rods, weather vanes, wind gauges, and other similar roof
appurtenances shall not be considered the highest portion of the roof.
(d) Commercial Uses: Commercial uses are permitted in the S-2 district and shall be of a
non-itinerant nature. Commercial uses are uses and development activities of a nonresidential type including retail, service, education, assembly, and institutional
classifications of uses. Any use in existence on (insert date of adoption) shall be allowed
to continue in operation without seeking approval from Dare County.
1. Review and Approval Procedures for Commercial Uses
a. Commercial uses with a maximum gross floor area less than 3,000 square feet
shall be subject to administrative site plan review and approval by the Planning
Department.
b. Commercial uses with a maximum gross floor area equal to or exceeding 3,000
square feet shall be subject to conditional use review and approval according to
Section 22-68 of this Zoning Ordinance.
c. Commercial uses listed under the Conditional Use heading of this subsection shall
be subject to review and approval according to Section 22-68 of the Zoning Ordinance
regardless of the amount of gross floor area or gross commercial development area
proposed.
d. Additions to an existing commercial structure shall be subject to the applicable review
procedures as outlined above using the 3,000 square feet threshold for gross floor area
or gross commercial development area.
2. Permitted Uses:
a. retail/wholesale sales and display of merchandise and goods including but not
limited to food, seafood, beverages, ice, jewelry, bait, tackle, hunting and sporting
goods; clothing, shoes, dry goods, paper goods, automobiles, trucks, recreational
vehicles, boats, motors, drugs and medical supplies, furniture and home goods,
computers and electronics, appliances, lumber and construction materials, flowers and
3 S‐2 SEPTEMBER 24, 2015 plants, marine supplies, hardware, art supplies, toys, fruit and vegetable stands, gifts.
This includes consignment and thrift shops.
b. offices including financial, government, medical, veterinary, real estate and
property management services, and other professional offices.
c. service establishments including but not limited to
1) hair and nail salons, tattoo and body piercing, massage and spa therapy, tanning
salons, florists, photography, exercise and fitness centers, dry-cleaning and laundry
pick-up; watersports lessons.
2) food service establishments including restaurants, catering services, food
stands (not to include mobile food trucks, pushcarts, or trailers), taverns and bars, and
nightclubs.
3) fuel stations; boat and vehicle repair centers, automotive detailing, car washes,
small engine repairs. Vehicles impoundment and storage is a conditional use.
4) hotels, motels, cottages courts, travel trailer parks and campgrounds;
5) rentals – including boat, personal watercraft, kayak, bicycle, watersports
equipment, automobile, truck and recreational vehicle rentals
6) general contractor and subcontractor offices and outdoor storage areas
7) marinas and boat launching sites
8) gunsmiths and gun shops
9) service businesses including pool services and cleaning, landscaping, lawn
care, tree trimming and removal services, window cleaning, and professional cleaning
services.
10) recycling pick-up
11) taxicabs and chauffer driving services including vehicles storage and dispatch.
12) public and private utility facilities
d. institutional and education facilities including but not limited to places of religious
worship, private and public schools, state and federal facilities, museums, historical
sites, adult and child day care centers, fire stations, (hospitals and other similar
facilities are conditional uses)
4 S‐2 SEPTEMBER 24, 2015 e. assembly and recreational facilities including but not limited to indoor recreational
uses; wedding event centers, movie theaters; concert halls; amphitheaters; community
halls and civic centers; libraries.
f. commercial fishing and crabbing operations including but not limited to fishhouses
for processing of seafood; storage of boats, gear, nets and crabpots.
g. agricultural uses according to the NC bonafide farm regulations including
boarding of horses and keeping of livestock and bees.
h. pet kennels, grooming and boarding facilities.
i. Radio, television and film broadcasting studios. Towers associated with such uses
subject to review under Section 22-29.2 of the Zoning Ordinance.
j. County owned or leased facilities.
3. Conditional uses subject to review and approval according to Section 22-68 of the
Dare County Zoning Ordinance.
a. Service establishments – towing and wrecker service with vehicle impoundment
storage; funeral homes not to include crematoriums; storage warehouses – mini
storage units and wholesale distribution;
b. Group developments -- residential uses, commercial uses or a mixture of
residential and commercial uses according to the standards of Section 22-31.
For a group development consisting of both residential and commercial structures,
a maximum lot coverage of 30% shall apply if the total residential gross floor area
of all residential buildings equals to or exceeds 50% of the overall development
floor area. A maximum lot coverage of 60% shall apply if the commercial gross
floor area of all commercial buildings equals to or exceeds 50% of the overall
development floor area.
c. Institutional uses and educational uses including hospitals, rehabilitation centers,
nursing homes and assisted living facilities
d. Fishing piers
e. Golf courses with or without associated food service and clubhouse amenities
f. Outdoor recreational uses
g. Storage warehouses
h. Telecommunication towers (freestanding) up to 200 feet in height according to
the standards of Section 22-29.2. Telecommunications towers, exceeding 200
5 S‐2 SEPTEMBER 24, 2015 feet in height, are subject to review by the Board of Adjustment as set forth in
Section 22-29.2.
(e)
Dimensional requirements for commercial uses
Minimum lot size: 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 Article
VII of this chapter.
2. Density limitations for hotels, motels and similar structures:
a. Structures on a lot or tract that has no soils classified as wetlands, coastal marsh,
or Section 404 jurisdictional soils: 10 rental units per acre
b. Structures on a lot or tract that has .01% to 19.9% of soils that are classified as
wetlands, coastal marsh, or Section 404 jurisdictional soils: 8 rental units per acre
c. Structures on a lot or tract of land that has more than 20% of its soils classified as
wetlands, coastal marsh or Section 404 jurisdictional soils: 6 rental units per acre.
3. Minimum lot width – 75 feet measured at the building setback line.
4. Minimum front yard setback: 25 feet from front property line
5. Minimum side yard setback: 10 feet from side property line. An additional 5 feet
adjacent to the street is required for a corner lot.
6. Minimum rear yard setback: 20 feet from rear property line.
7. Maximum allowable lot coverage: 60%
8. Maximum height limitation – Highest floor level shall be no greater than 35 feet above
the lowest ground grade within a 50-foot perimeter of the exterior walls of the
structure. Overall height of a structure from ground level to its highest point shall not
exceed 52 feet. Chimneys, lightning rods, weather vanes, wind gauges, and other
similar roof appurtenances shall not be considered the highest portion of the roof.
9.
Maximum gross building size: 20,000 square feet excluding decks, porches and
similar non-heated space. Non-heated space including decks and porches shall not be
used as retail space for the display of goods or other commercial activities. Group
developments: 20,000 square feet per individual building, excluding decks and
porches.
1.
This gross building size limitation shall not apply to hotels and motels. (Maximum
floor area standards originally adopted by Dare County Board of Commissioners on
May 6, 2002)
In the event a natural disaster or accidental occurrence leads to extensive damage (in
excess of 50% value) of a structure or group development project in existence prior to
May 6, 2002, such structure or group development may be repaired, replaced, or
reconstructed to 100% of its status prior to damage or destruction but no greater
unless otherwise authorized by the Dare County Board of Commissioners.
6 S‐2 SEPTEMBER 24, 2015 (f) Industrial uses – Light industry uses are permitted in the S-2 district. Light industry is
defined as those uses involving assembling, disassembling, fabricating, finishing,
manufacturing, packing, repair or processing activities outlined in the North Carolina
Building Code as Factory Industrial Group F and as listed below under item #1, light
industry-manufacturing. Industrial uses classified as a high hazard group H in the North
Carolina building code, are prohibited in the S-2. A list of high hazard group H uses can be
obtained from the Planning Department.
All industrial uses are subject to review and approval as conditional uses according to the
provisions of Section 22-68 of the Zoning Ordinance. Any use in existence on (insert date
of approval) shall be allowed to continue in operation without seeking approval from Dare
County.
1. light industry and manufacturing uses including aircraft and aerial vehicles;
appliances; athletic equipment; automobiles and other motor vehicles; bakeries and
other food processing; beverages; bicycles; boats; brooms and brushes; camera and
photo equipment including photographic film; canvas, fabric, and textiles; carpets and
rugs; clothing, leather products, and shoes; construction and agricultural equipment and
machinery; disinfectants; electronics; engines including rebuilding; furniture and
upholstering; hemp and jute products; ice production and storage; metals; millwork (sash
and door); motion picture and television film production (no spectators); musical
instruments; optical goods; paper products; plastic products; printing and publishing;
soaps and detergents; woodworking and cabinetry.
2. Boat building, boat yards including dry dock storage buildings
3. Concrete finishing, manufacturing, production and distribution facilities
4. Heavy equipment and vehicle sandblasting and paint shops including outside storage
of equipment and vehicles.
5. Distillery and breweries
6. Industrial equipment sales, repair and storage
7. Liquefied petroleum (LP) gas sales and service facilities including on-site bulk storage
of tanks.
8. Sheet metal fabrication and welding shops
(g) Dimensional requirements for industrial uses
1. Minimum lot size: lots used for industrial purpose shall be at least 40,000 square feet
in area. This area shall be contiguous area and not include coastal wetlands under the
jurisdiction of the NC Division of Coastal Management.
2. Minimum front yard setback: 25 feet from front property line
3.
Minimum side yard setback: 10 feet from side property line. An additional 5 feet
adjacent to the street is required for a corner lot.
4.
Minimum rear yard setback: 20 feet from rear property line.
5. No portion of a building or open storage or processing area shall be located closer than
75 feet to any residential use or zone and/or commercial use or zone. This distance
7 S‐2 SEPTEMBER 24, 2015 6.
7.
8.
9.
10.
11.
shall be measured from the lot lines of the lot proposed for industrial use to the lot
lines of any lot where a residential or commercial use exists or a lot zoned for
residential or commercial use.
Any unstabilized soil exposed during construction shall be stabilized with vegetative
cover to prevent erosion by wind or surface water.
No industrial use shall be permitted which has noxious, harmful or deleterious effects
on other development.
No more than 35% of an individual lot may be covered with buildings, parking areas
or other surfaces impervious to water.
The off-street parking requirements of Article VII of this chapter shall apply, except
that no off-street parking or loading space shall be located closer than 50 feet to a
residential use.
Maximum height limitation –Highest floor level shall be no greater than 35 feet
above the lowest ground grade within a 50-foot perimeter of the exterior walls.
Overall height of a structure from ground grade to its highest point shall not exceed
52 feet. Chimneys, lightning rods, weather vanes, wind gauges, and other similar
roof appurtenances shall not be considered the highest portion of the roof.
Maximum gross building size: 20,000 square feet excluding decks, porches and
similar non-heated space. Non-heated space including decks and porches shall not be
used as retail space for the display of goods or other commercial activities. Group
developments: 20,000 square feet per individual building, excluding decks and
porches.
This gross building size limitation shall not apply to hotels and motels. (Maximum
floor area standards originally adopted by Dare County Board of Commissioners on
May 6, 2002)
In the event a natural disaster or accidental occurrence leads to extensive damage (in
excess of 50% value) of a structure or group development project in existence prior to
May 6, 2002, such structure or group development may be repaired, replaced, or
reconstructed to 100% of its status prior to damage or destruction but no greater
unless otherwise authorized by the Dare County Board of Commissioners.
(h)
Non-conformities
1. In the event of a natural disaster or accidental occurrence leads to an extensive damage of
an existing use or structure that use may be repaired or replaced to 100% of its status as
of September 8, 1987 but no greater and only to the extent that it cannot be built in
conformity with these regulations. This provision shall become invalid on September 8,
2017.
2. Any proposed addition or alteration to an existing use or structure must conform to those
guidelines in effect at the time of permit application for such an addition or alteration is
made. 8 S‐2 SEPTEMBER 24, 2015 (i) Other Standards
1. Buffering –for any commercial development permitted after (date of adoption), a buffer of
vegetation or solid fencing of wood or composite material shall be installed along any
property line that abuts an existing residential use or a residential zoning district. Fencing
shall be a minimum of six feet in height. Fencing shall be maintained by the property
owner and/or business operator. Vegetated buffers shall be a minimum of five feet in
width. Vegetation, when planted, shall be of sufficient size to reach a height of 6 feet
within 12 months of installation. Vegetative buffers shall be maintained to ensure
survivability and longevity. Any dead or damaged vegetation shall be replaced to ensure
the buffer remains intact. Existing vegetation shall be used whenever possible for
buffering purposes if the existing vegetation is of sufficient height and width to effectively
buffer the abutting residential use or residential district. Commercial uses in existence on
(date of adoption) shall not be required to install a buffer along any rear or side property
line that abuts a residential use or residential district. However, any improvement to a
commercial use that increases the footprint of any building by 50% or more or adds
another commercial principal use structure to the site shall require the installation of a
vegetative buffer as detailed above. For those commercial uses subject to conditional
use review, buffers shall be as determined during the review process based on the
specifics of the project. If a residential use is constructed on a lot adjacent to an
existing commercial use, then the buffer requirements shall not be applied to the
commercial use since it existed prior to the construction of the residential use.
Buffering for industrial uses shall be as established during conditional use permit review.
2. For construction projects on properties that abut the multi-use path along NC Highway
12, no staging or equipment or blocking of the multi-use path shall occur during
construction activities. If the impervious surface of the multi-use path is to be removed
during construction, the developer and/or property owner shall submit a plan for safe
passage or detour around the affected area of the multi-use path. Safety cones shall be
placed in the area to alert users of the path of the change in surface. Replacement of the
impervious surface, including striping of the surface if applicable, shall be made by the
developer and/or property owner within three months from the date of removal or before
the certificate of occupancy is issued by Dare County whichever occurs first. Repairs or
replacement of the surface materials and striping shall be approved by Dare County. 3.
Restaurants and food stands shall not include mobile food units or pushcarts. A food
stand is a building placed on a lot in a permanent or stationary manner from which food
and beverages, including ice cream and other frozen items, are prepared and sold to
patrons for off premises consumption only. Building in this context does not include
mobile equipment or vehicles. In order to quality as food stand, no indoor or outdoor
9 S‐2 SEPTEMBER 24, 2015 seating may be provided for on-premise consumption. A minimum of ten parking spaces
shall be provided at any food stand. Restaurant parking shall be according to Section 2256. Public restrooms, not to include portable toilet units, shall be provided at any
restaurant or food stand. 4.
Excavation, digging, and/or mining activities are prohibited within the S-2 district. This
includes excavation, site work, digging, de-watering, loading or unloading of equipment
including the loading of trucks of excavated materials for off-site delivery that may occur
in conjunction with the construction or operation of a borrow pit. This prohibition does
not apply to any land disturbing or other construction work associated with the
construction of the Bonner Bridge or other NC Department of Transportation bridge
projects on Hatteras Island.
10 DRAFT ‐ September 24, 2015 Lighting Standards – For RWS-3 and S-2 districts
Definitions
Foot-candle – the measurement unit indicating quantity of light on a surface area,
particularly intensity of light (see lumen) per square foot area. The term maintained
foot –candle is used to denote adjustment for dirt build up or fixture aging. (a
depreciation factor)
Fully Shielded, Cut-off Fixture – a light fixture whose housing is horizontal and opaque
on top so that light is spread below and around but not above.
Glare – The experience of luminance within a visual field significantly greater than
lighting to which eyes are accustomed causing loss of visual performance and
discomfort.
Light Fixtures – Any electronically powered illuminating device, reflective surface, lamp
or any similar device used for illumination or advertisement.
Lumen – The unit measuring the quantity and intensity of light emitted by a light source,
especially as it falls on a surface area. The lowest quantity of light on a one square
foot area is termed one foot-candle.
Recessed or Flush Mounted – a fixture mounted above the ceiling with the opening,
lens, or cover of the fixture recessed or level with the ceiling surface whereby all light is
emitted below the horizontal plane.
Sign, electronic message – a component of a sign that uses LED illumination systems
or other similar electronic components to form a message(s) that are electronically
programmed or modified by electronic process.
Structure Highlighting
1. Exposed or channel neon, argon, krypton, or similar gas tube lighting attached to
and outlining a structure or building so as to direct attention to the same.
2. Any light source that illuminates a translucent two or three-dimensional surface,
or object, that is not part of a permitted sign and directs attention to a building or
structure.
Prohibited Lighting
1. Light fixtures which imitate official highway or traffic control signs or lights.
2. Light fixtures in the direct line of vision with any traffic control signs or lights.
1 DRAFT ‐ September 24, 2015 3. Light fixtures with blinking, flashing, or intermittent illumination including such
features included as part of a business or commercial sign.
4. Light fixtures that violate any law of the State of North Carolina.
5. Illumination of public beach or estuarine waters from uses which are not water
dependent as defined in the N.C. Division of Coastal Management regulations.
6. Light fixtures, which are a source of glare by their design, orientation, or intensity.
7. Structure highlighting as defined in this section.
General Provisions
1. All light produced on-site shall be contained within the perimeter of the site by
design, orientation or shielding of the light source.
2. All wiring to light fixtures not located on a building shall be placed underground.
3. Principal buildings shall provide security lights.
4. No light fixture shall exceed 20 feet in height. This limitation shall apply to standalone fixtures and fixtures mounted on buildings. This height limitation shall not
apply to fixtures installed at any athletic field or school recreational site where
light fixtures may be installed to a maximum height of 70 feet.
5. All exterior light fixtures shall be fully-shielded cut-off fixtures and directed
downward.
6. Interior lighting at any commercial, industrial and other non-residential building
with more than 50% glass surface area on any exterior wall (including door
surfaces) shall be diminished each day at the time of closing so that the
maximum footcandle rating at the ground level outside of the building’s front
walkway is 1.0 maintained footcandle.
7. Supporting structures shall be designed and constructed to comply with the North
Carolina State Building Code.
Submission of Lighting Plan and Compliance Documentation
1. A pre-construction lighting plan shall be submitted in conjunction with any site
plan submitted for conditional use permit review by the Board of Commissioners
and for any commercial, industrial, or other non-residential site plan subject to
administrative approval by the Planning Department. The property
owner/developer of the property shall submit documentation of compliance with
the approved lighting plan after the lighting improvements have been installed.
with the site plan. Such documentation shall be prepared by a design
professional demonstrating compliance with the standards found in Table 1 and
Table 2 and shall be submitted prior to the release of the certificate of occupancy
by Dare County.
2. Replacement of fixtures or maintenance of the site lighting shall be consistent
with the standards established in Table 1 and Table 2 of this section.
2 DRAFT ‐ September 24, 2015 Specific Lighting Standards
1. Overall site lighting -- All outdoor lighting, electronic sign message boards, and
indoor lighting visible from outside of any commercial, industrial or other nonresidential use shall be designed and located so that the maximum footcandle
rating at ground level at a lot line shall not exceed the standards set forth in
Table 1 below:
Adjoining Use to Subject Property
Existing residential use or vacant lot zoned for
residential purposes
Existing commercial use or vacant lot zoned
for commercial purposes
Existing industrial use or vacant lot zoned for
industrial purposes
Other non-residential uses
Streets and highways
Maximum Foot-candle at
Shared Lot Line
0.5 footcandle
1.0 footcandle
2.0 footcandles
1.0 Footcandle
0.5 footcandle
2. Application Standards -- Parking areas shall be illuminated to ensure safety of
vehicular and pedestrian traffic and to minimize glare onto adjoining properties
and streets. Parking areas shall be illuminated based on the level of anticipated
activity associated with the use of the property as follows:
a. High level after dark activity, including but not limited to, automobile service
stations, convenience stores, outdoor recreational uses, foodstores and grocery
stores, restaurants, financial institutions
b. Medium level after dark activity including but not limited to, retail and shopping
centers, indoor recreational, hotels and motels, pharmacies, government offices,
hospitals and health clinics, schools
c. Low level after dark activity including but not limited to, professional offices,
churches, residential multi-family developments, warehouses and storage units,
3. Canopy Lighting – open canopies located over automobile service stations, fuel
pumps, and drive-through facilities at financial institutions, pharmacies, and food
service establishments
a. Only the area directly below the canopy may be illuminated and shall have
a maximum footcandle of ten. Sides of the canopy shall not be internally
or externally illuminated.
3 DRAFT ‐ September 24, 2015 b. Parking spaces not located directly beneath the canopy shall be
illuminated according to the standard parking footcandle rating established
in Table 2:
Table 2 -- Foot-candle Ratings
Use
Canopies
High level after dark
Medium level after dark
Low level after dark
School or govt operated
athletic facilities
Security and walkways
Minimum
2
4
3
1
10
Maximum
10
10
8
3
50
.5
1
4. Security Lighting –to be used for the protection of people and property at
commercial and industrial site including illumination above doorways, walkways,
and entries. Security lighting shall not exceed one maintained foot-candle.
5. Architectural and Interior Lighting
c. Light fixtures mounted on a building shall be recessed, fully shielded or
directed to the wall surface.
d. Floodlights may be used to up-light opaque wall surfaces from the ground.
e. The maximum vertical illumination of an entrance facade shall not exceed
5 maintained foot-candles and 1 maintained foot-candle for all other wall
surfaces
f. When a single wall surface area of a building is 50% glass or greater, or
when interior light fixtures are visible from the property line or off-site
location, the interior light fixtures shall be fully shielded to prevent light of
sight contact with the light source, lens or opening.
6. Outdoor Recreational Uses – Sports floodlight fixtures may be utilized provided
they shall be hooded and directed or shielded so that the light source cannot be
viewed directly from adjacent properties and streets. Light fixtures used at
outdoor recreational facilities shall not be illuminated during non-business hours
or after hours of operation.
Measurements
1. Measurements are to be made in foot-candles with a direct reading, portable light
meter.
2. Unless otherwise specified, the meter sensor shall be mounted not more than 6
inches above the ground level in a horizontal position to measure horizontal
illumination. Vertical illumination shall be measured at a height of 5’ with the
4 DRAFT ‐ September 24, 2015 sensor mounted not more than 6 inches from the wall surface and the meter
sensor in the vertical position.
Non-conforming Light Fixtures
Any non-conforming light fixtures that are destroyed or replaced at any commercial,
industrial or other non-residential use shall be replaced in conformance with these
standards.
Electronic message boards
Electronic message boards may be permitted as a component of a free-standing
commercial sign but shall not exceed 10 square feet of the overall total sign area.
Electronic message boards shall not feature flashing neon, flashing LED lighting or
flashing exposed bulbs. Only one color change every 60 seconds is permitted. The
transition from one color to another shall be accomplished in one second or less.
Backgrounds for message boards shall be dark-colored and shall not be white or lightcolored.
Electronic signs composed entirely of electronically illuminated display areas are
prohibited.
Electronic message boards shall be equipped with a lighting sensing device that
automatically adjusts to the display’s brightness based on the ambient light conditions.
The light sensing device settings shall ensure the message board does not cause glare
or impair the vision of motorists during times of low ambient lighting levels and/or
nighttime hours (dawn to dusk).
5 DCUP 9‐24‐2015 DRAFT DISCONTINUED USE OF PROPERTY
Intent – the intent of these regulations is to prevent and abate unsafe conditions from
occurring and/or continuing on property previously used for commercial, industrial or
non-residential purposes and has been closed and/or abandoned by the property owner
of record. These standards are not intended to apply to those land uses that are
seasonally closed during certain months of the year on an annual basis.
Definitions
Abandoned -- discontinued use of a property previously used for commercial, industrial
or non-residential purposes whereby maintenance of the structure and/or premises is no
occurring thereby resulting in a deteriorated state. This definition may be applied to a
structure, a site, or a structure and site in combination.
Property owner of record -- person, party, individual or group identified in the Dare
County tax records as the owner.
Structure--anything constructed or erected, the use of which requires location on the
ground or attachment to something having location on the ground.
Properties Offered for Sale or Lease – Any property being used for commercial,
industrial, or non-residential purposes that ceases operations permanently but is
actively being marketed for sale or lease to a new owner or tenant shall not be declared
abandoned provided the site is maintained by the property owner as needed to avoid a
determination of abandonment by the Planning Director.
Determination of Abandonment -- The property owner of record shall receive written
notice from the Dare County Planning Director for any structure, site or structure and
site in combination that has been designated by the Dare County Planning Director as
“abandoned”. The written notice shall identify corrective actions to be undertaken by
the property owner of record in a specified time period. Such notice shall be delivered
by certified mail and regular mail or by personal delivery.
Corrective Actions -- Following a determination of abandonment, the property owner of
record shall take the following corrective actions:
1. The abandoned site shall be secured to prevent unauthorized entry to the
structure or the site by the public. All doors and windows on structures shall be
secured at all times and security fencing of solid fence materials no less than 6
feet in height shall be erected around the perimeter of any parking areas, water
features, recreational areas, or other areas of the site to prevent unauthorized
access and use of the site.
1 DCUP 9‐24‐2015 DRAFT 2. Retention basins, ponds, and other similar water features shall be fenced to
avoid access to the area. Swimming pools, wading pools, or water features
previously used for outdoor recreational uses and amusement rides shall be
drained and covered to avoid access.
3. Vehicles, truck beds, recreational vehicles, boats, and/or equipment whether
operable or inoperable shall be stored at the site in an enclosed building.
Stockpiles of materials or goods shall not be stored on the site except in an
enclosed building.
4. Signage for the abandoned business shall be dismantled and removed from the
site. The sign structure shall not be used for outdoor advertising purposes for
other commercial and/or non-profit ventures.
5. Structures located at the site shall be maintained to avoid decay or deterioration
of the structures and/or equipment. Any structure on the site that is posted as
unsafe by the Dare County Building Inspector shall be demolished or removed
from the site. Repairs may be authorized by Dare County to bring the structure
into compliance with applicable federal, state and local regulations and the
unsafe structure declaration issued by the Building Inspector rescinded.
6. The site shall be maintained to avoid overgrowth of weeds and vegetation.
Trash and debris shall not be permitted to accumulate on the site. Trash cans
and dumpsters located on the property shall be removed to avoid unauthorized
uses. Any objects at the site that may become windborne during times of high
winds shall be adequately secured or stored in an enclosed building.
7. Graffiti shall be removed and/or covered by the property owner of record.
8. Other actions that may be identified by Dare County based on specific site
conditions which are deemed necessary for public health and safety purposes.
Appeals of Abandoned Designation – Any property owner of record that disagrees with
the abandoned designation of the Planning Director shall have the right to appeal the
designation to the Dare County Board of Adjustment. Such appeal shall be filed and
acted upon according to the provisions of the Chapter 152.11 of the Dare County Code
of Ordinances.
Failure to Take Corrective Actions – Should the property owner of record fail to take
corrective actions as notified by the Planning Director in the specified time period, then
civil penalties shall be assessed in the amount of $50 per day for each of the first 15
days for which no corrective actions have been taken, $100 per day for the sixteenth
day through the thirtieth day for which no corrective actions have been taken and $500
per day after thirty (30) days for which no corrective action has been taken. The
imposition and collection of civil penalties shall be in addition to all other remedies
2 DCUP 9‐24‐2015 DRAFT available to Dare County as authorized in the North Carolina General Statutes. Unpaid
fines shall be considered a lien on the property by Dare County.
Re-Use of the Site – Any proposed re-use of an abandoned site shall be subject to
review and approval by the Dare County Planning Department. Any unpaid fines
assessed against the property of owner shall be paid in full before re-use of the site is
authorized by Dare County. A site plan and any associated engineering plans as
needed to evaluate the proposed re-use of the property shall be submitted to the
Planning Department for review. Re-use of the site shall be consistent with zoning
regulations and other applicable federal, state and local regulations.
Applicability -- These regulations shall apply to any structure or site in unincorporated
Dare County. Any site determined to be abandoned by the Planning Director after the
adoption of these regulations shall be subject to the provisions of this chapter and
corrective actions shall be taken by the property owner as specified by the Planning
Director.
3