Dare County Unincorporated
City Zoning Code

For the purposes of this chapter, zoning district boundaries adopted by Dare County shall be drawn on a map or maps that are the official zoning maps for unincorporated Dare County. The official zoning maps for each zoning area shall be identified by the signature of the Chairman of the Dare County Board of Commissioners and attested by the County Clerk and shall bear the following certificate together with the date of adoption or amendment:

"This is the certify that this is the official zoning map as referenced in the Dare County Zoning Ordinance as adopted or amended by the Dare County Board of Commissioners."

If changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be promptly entered on the official zoning map after the amendment has been approved by the Board of Commissioners.

Zoning maps shall be maintained for public inspection in the Office of the Dare County Planning Director. The zoning maps may be maintained in a paper format and/or a digital format and may be amended or updated following the procedures set forth in the chapter for legislative decisions on zoning map amendments. The establishment of overlay districts used in conjunction with or supplemental to any zoning district map shall also be maintained in the same manner. Copies of the zoning district boundary map may be reproduced by any method of reproduction that gives legible and permanent copies and, when certified by the Clerk for Dare County in accordance with G.S. 160A-79 or 153A-50, shall be admissible into evidence and shall have the same force and effect as would the original map.

For state law as to authority of the County to establish zoning districts and regulate and restrict construction, uses of land or buildings, etc., therein, see G.S. 160D.

(Am. Ord. passed 6-21-2021)

Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following rules shall apply:

   (a)   Boundaries indicated as approximately following the centerlines of streets, highways or alleys, shall be construed to follow such centerlines.

   (b)   Boundaries indicated, as approximately following platted lot lines shall be construed as following such lot lines.

   (c)   Boundaries indicated as approximately following city limits shall be construed as following such city limits.

   (d)   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

   (e)   Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline; boundaries indicated, as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

   (f)   Boundaries indicated as parallel to or extensions of features indicated in sub-sections (a) to (e) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

   (g)   Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by sub-sections (a) to (f) of this section, the Board of Adjustment shall interpret the district boundaries.

   (h)   Deleted from the Ordinance on 9-14-94.

All territory not included under the provisions of this Chapter but added to the zoned area after November 20, 1975, shall be considered to be in the same classification as contiguous property until otherwise classified. (11-20-75, art. 3, 3.06)

The schedule of regulations set out in this Article limiting the use of buildings and land and the bulk and arrangement of buildings within the various districts established by this Chapter is hereby adopted for the County. These district regulations may be amended as provided in Division 2 of Article IX of this chapter. (11-20-75, art. 7)

   The following regulations shall apply to the N–H (Natural Historic District):

         Such signs must comply with the provisions of Chapter 158 of the Code of Ordinances and such other requirements as may be imposed by the County Commissioners to preserve the character of this district.

   (d)   Dimensional requirements:

(Am. Ord. passed 6-21-2021; Am. Ord. passed 5-17-2023)

   The following regulations shall apply to the C-PR (Conservation Public Recreation District):

   (a)   Intent. The C-PR district is established to provide restricted usage of property located in areas conducive to and appropriate for destination style camping facilities, recreational opportunities and low-density residential development.

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family buildings, not to include mobile homes.

      (2)   Customary accessory buildings, including private swimming pools and tennis courts.

      (3)   County owned and leased facilities.

   (c)   Special uses. The following uses are permitted subject to the requirements of this district, and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Campgrounds - (also subject to the Dare County Travel Trailer Park Ordinance).   

      (2)   Churches and cemeteries.

      (3)   Fire stations, schools and other public buildings.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concession integral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities (must provide a vegetated buffer strip at least ten feet in height where the facility abuts a residential lot or use).

      (6)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Adopted 11-5-90; amended 5-16-11).   

      (7)   Small child care homes, large child care homes, and small child care centers as defined in section 22-2, only as an accessory use of an existing or proposed church. (Adopted on 11-5-90)

   (d)   Dimensional requirements:

      (1)   Minimum lot size:

         a.   Lots served by a private well and on-site septic tank/drain field system: 20,000 square feet of area.

         b.   Lots served by central water supply and an on-site septic tank/drain-field system: 15,000 square feet of area.

         c.   Lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area.

      (2)   Minimum lot width: 75 feet measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet; an additional 10 feet side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

   (7)   Height limitation: 35 feet.

(Am. Ord. passed 6-21-2021)

   (a)   Scope and intent. The BNH district is established as an area to recognize and preserve the family housing complex which predated the adoption of the Natural Historic District in 1975 as consistent with the intent of the Natural Historic District to protect and enhance areas with local or national historical significance, but to otherwise follow the regulations of the Natural Historic District.

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings, not to include mobile homes.

      (2)   Duplexes.

      (3)   Customary accessory buildings, including private swimming pools and tennis courts.

      (4)   Churches and cemeteries.

      (5)   Museums.

      (6)   Wildlife refuges, game preserves, botanical gardens and natural preservation areas.

      (7)   Historic sites.

      (8)   State and natural parks.

      (9)   County owned or leased facilities.

   (c)   Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Theaters.

      (2)   Outdoor recreation areas, including parks, picnic areas, nature trails, bicycle paths, bridle paths, riding stables, marinas and playgrounds, and boat ramps and customary concessions corrected therewith.

      (3)   Tourist information centers.

      (4)   Public and private utility facilities.

      (5)   Signs. For each permitted use in the BNH district one square foot of sign may be allowed for each lineal foot of frontage on a public right-of-way, not to exceed a total of two hundred square feet.

      (6)   Family housing complex provided that such complex existed on July 16, 2007.

   (d)   Dimensional requirements.

      (1)   Detached single-family dwellings.

         a.   Minimum lot size:

            Single-family lots served by private wells on an on-site septic tank/drain field system: 20,000 square feet of area.

            Single-family lots served by central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.

            Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area.

         b.   Minimum lot width: 75 feet, measured at the building setback line.

         c.   Minimum front yard: 25 feet.

         d.   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

         e.   Minimum rear yard: 20 feet.

         f.   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

         g.   Height limitations: 35 feet.

         h.   No building or other facility, such as playgrounds, tennis courts, swimming pools, parking areas, incinerators, trash collection areas, etc., shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a road and its right-of-way along such boundary may be included as part of all of the 50-foot separation zone.

      (2)   Dimensional requirements. Family housing complex.

         a.   Generally. Family housing complex, consisting of two or more buildings devoted to a common or similar use and constructed on a single lot, are permitted in the BNH district; provided, that a mandatory pre-application conference is held between the planning board and the applicant prior to filing the required application for review and approval of the complex by the board of commissioners. Such review and approval shall be required for all family housing complexes. Adequate scaled site plans shall be submitted to allow for review of the size and location of all buildings, structures, streets, drives and parking spaces and their relationship to any open spaces and adjacent properties. Such family housing complex plans shall also be accompanied by a computation or schedule, expressed in acres or portions thereof, which indicates the area and percentage of the site devoted to:

            1.   Gross area.

            2.   Parking area.

            3.   Net area.

            4.   Building area.

            5.   Open space.

         b.   Design Standards - Generally. All family housing complexes shall comply with the following design standards:

            1.   Street access. Any building established as a part of a family housing complex which cannot properly be served by emergency or service vehicles from an existing abutting street, shall be made accessible to such vehicles by street improvements that are adequate for emergency and other service vehicles. All street improvements shall consist of a 24 foot-wide paved improvements located internal to site. All pavement and sub-base materials used in the construction of the street improvements shall be consistent with NC Department of Transportation pavement and sub-base material standards.

            2.   The owner/applicant shall submit, as a part of the family housing site plan, a signed statement of a North Carolina-licensed professional engineer, stating that the proposed streets as designed will meet all of the requirements of this section. The owner shall provide for inspections to ensure that the streets are being constructed in accordance with the approved site plan by an independent, licensed professional engineer during the construction process, whose reports are to be submitted to the Planning Board in accordance with a schedule submitted, and approved as part of the family housing complex. Once the street improvements are complete, the owner shall submit a certificate of an independent, licensed professional engineer that the streets have been constructed in accordance with the approved site plan.

            3.   The ownership of the streets shall be retained by the owner. The owner must agree to maintain the streets.

            4.   The approved site plan, the uniform covenants and deeds shall plainly indicate that the streets are private, and their maintenance is the responsibility of the owner.

            5.   Off-street parking and loading facilities. Off-street parking and loading facilities established in connection with a family housing complex shall be of such design, location and arrangement as will not interfere with the efficient flow of traffic through the area and as will not interfere with the access of emergency or service vehicles.

            6.   Separation of buildings. All buildings established as a part of a family housing complex shall be separated by not less than 16 feet.

            7.   Prohibited uses. In no case shall a use be permitted as a part of a family housing complex that is not residential.

            8.   Setbacks. All buildings established as a part of a family housing project shall be setback not less than 8 feet from any property line.

            9.   Location. No dwelling structure established as a part of a family housing complex shall be situated on a lot so as to face the rear of another dwelling structure within the complex.

            10.   Lot size. A family housing complex shall be permitted only on a lot or plot of ground having an area of not less than seven (7) acres,

            11.   Density. Dwelling density shall not exceed 5.5 units per acre based on the overall acreage of the tract.

            12.   Lot coverage - maximum allowable lot coverage- 33% of the total lot area.

            13.   Parking - 3 spaces per unit.

            14.   Building height - 38 feet.

            15.   Building permits for a family housing complex shall not be issued by Dare County until applicable local, state or federal permits including but not limited to permits for wastewater treatment and storm water management are secured by the property owner and copies submitted to Dare County. Building permits may be issued for dwelling units which have obtained all applicable wastewater treatment permits for their use.

               (a)    Wastewater. Notwithstanding and in addition to any other state, local or federal requirements for wastewater, each wastewater system shall be underground disposal only designed to prevent any waste material from leaving the family housing complex site under conditions that include standing storm water on site. Any wastewater treatment system serving three or more units shall be an advanced treatment system.

               (b)    Storm Water. Notwithstanding and in addition to any other state, local or federal requirements for storm water, the storm water system shall be designed to store on the family housing complex site the runoff produced by a 10-year, 24 hour rainfall event Point Precipitation Frequency (PF) estimates as defined by NOAA Atlas 14, Volume 2, Version 3 or the most recent version as of June 4, 2012.

               (c)    Transfer of Property. Upon sale or transfer of ownership of the family housing site or any portion thereof, a $30,000 escrow account to be held by an escrow agent as determined by Dare County shall be established. This escrow shall be used for the repair/replacement of any wastewater system and such amount shall be at all times maintained in escrow. Any interest accrued shall become a part of the escrow account. No funds shall be dispersed from the escrow without consent of Dare County upon presentation of repair estimates from a North Carolina licensed wastewater treatment system operator or a North Carolina licensed engineer.

            16.    Reconstruction of family housing complex. Any structure located within a family housing complex that existed on July 16, 2007 may be reconstructed or replaced if damaged by any means beyond 50% of its value to the extent that it existed on July 16, 2007 but may not be reconstructed or replaced to a greater footprint than what existed previously.

      (3)   Dimensional requirements for all other uses:

         a.    Minimum lot size: 2 acres.

         b.   Minimum lot width: 100 feet, measured at the building setback line.

         c.   Minimum front yard: 50 feet.

         d.   Minimum side yard: 15 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

         e.   Minimum rear yard: 15 feet.

         f.   Maximum allowable lot coverage by principal use and all accessory structures: 20%.

         g.   Height limitations: 35 feet. (Adopted 6-4-2012)

(Am. Ord. passed 6-21-2021)

   (a)   Scope and intent. The East Lake Natural Historic district is established to provide for the protection and enhancement of those areas within the County which are significant as places of natural beauty or are areas with local or national historical significance. It is the intent of this chapter to encourage reasonable public and private uses and development within these areas.

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings, not to include mobile homes.

      (2)   Customary accessory buildings, including private swimming pools and tennis courts.

      (3)   Churches and cemeteries. This shall also include other associated church facilities including recreational structures, childcare facilities, and overnight lodging.

      (4)   Museums.

      (5)   Wildlife refuges, game preserves, botanical gardens and natural preservation areas.

      (6)   Historic sites.

      (7)   State and natural parks.

      (8)   County owned or leased facilities.

   (c)   Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Theaters.

      (2)   Outdoor recreation areas, including parks, picnic areas, nature trails, bicycle paths, bridle paths, riding stables, marinas and playgrounds, and boat ramps and customary concessions corrected therewith.

      (3)   Tourist information centers.

      (4)   Public and private utility facilities.

      (5)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1.

      (6)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements for residential uses.

      (1)   Minimum lot size: Lots subdivided and recorded after (the adopted date of this district) regardless of method of drinking water supply and wastewater disposal - 20,000 contiguous square feet of soils not classified as coastal wetlands.

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard setback: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 5-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20 feet from rear property line.

      (6)   Maximum allowable lot coverage: 30% as defined in Section 22-2.

      (7)   Height limitations: 45 feet to the highest portion of the roof measured from the lowest natural ground grade within a 50-foot perimeter of the exterior walls or outer perimeter of the structure. Chimneys, lightning rods, weather vanes, wind gauges, and other similar roof appurtenances shall not be considered the highest portion of the roof.

   (e)   Dimensional requirements for all other uses:

      (1)   Minimum lot size: 2 acres.

      (2)   Minimum lot width: 100 feet, measured at the building setback line.

      (3)   Minimum front yard: 50 feet.

      (4)   Minimum side yard: 15 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 15 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 20%.

      (7)   Height limitations: 45 feet to the highest portion of the roof measured from the lowest natural ground grade within a 50-foot perimeter of the exterior walls or outer perimeter of the structure. Chimneys, lightning rods, weather vanes, wind gauges, and other similar roof appurtenances shall not be considered the highest portion of the roof.

   (f)   Non-conformities:

      (1)   Any structure destroyed or deteriorated by natural means, either partially or in full, may be rebuilt to 100% of its previous extent. This shall not apply to those nonconforming structures which are voluntarily removed or demolished by the property owner. State and federal rebuilding regulations may apply to any rebuilding project.

      (2)   Any structure that is in existence on the (date of adoption) that is rendered non-conforming with the dimensional setbacks of this zoning district shall be considered a pre-existing non-conforming structure. Additions, expansions, or remodeling of a non-conforming structure shall not be authorized if the proposed addition or expansion will increase the non-conforming aspect of the structure. However, this provision shall not be interpreted to preclude the addition, expansion, or remodeling of any non-conforming structure if such project can be accomplished in manner that does not increase the non-confirming aspect of the structure.

      (3)   Non-conforming lots of record – The following setbacks and lot coverage standards shall apply to any lot of record as of April 15, 2013 that does not meet the dimensional standards of section (d)(1) of the ELR district:

         a.   Lots with 5,000 square feet or less:

            1.   Front yard setback – 15 feet.

            2.   Side yard setback – 5 feet. For corner lots, the side yard setback shall be 7 feet on the side of the lot that abuts the street.

            3.   Rear yard setback – 20 feet.

            4.   Lot coverage: 60% of the lot square footage but not to exceed a maximum of 2, 500 square feet.

         b.   Lots with 5,001 square feet to 10,000 square feet:

            1.   Front yard setback – 20 feet.

            2.   Side yard setback – 8 feet. For corner lots, the side yard setback shall be 10 feet on the side of the lot that abuts the street.

            3.   Rear yard setback – 20 feet.

            4.   Lot coverage: 50% of the lot square footage but not to exceed a maximum of 4,000 square feet.

         c.   Lots with 10,001 square feet to 14,999 square feet.

            1.   Front yard setback – 25 feet.

            2.    Side yard setback – 8 feet. For corner lots, the side yard setback shall be 10 feet on the side of the lot that abuts the street.

            3.   Rear yard setback – 20 feet.

            4.   Lot coverage: 40% of the lot square footage but not to exceed a maximum of 4,500 square feet.

         d.   Lots with 15,000 square feet to 19,999 square feet:

            1.   Front yard setback – 25 feet.

            2.   Side yard setback – 10 feet. For corner lots, the side yard setback shall be 15 feet on the side of the lot that abuts the street.

            3.   Rear yard setback – 20 feet.

            4.   Lot coverage: 30% of the lot square footage. (Adopted 4-15-2013)

(Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 4-20-2022; Am. Ord. passed 5-17-2023)

The following regulations shall apply to the RS-1 single-family residential district:

   (a)   Intent. The RS-1 district is established to provide for the low-density development of single-family detached dwellings in an environment, which preserves sand dunes, coastal forests, wetlands, and other unique natural features of the coastal area. The district is intended to promote stable, permanent neighborhoods, characterized by low vehicular traffic flows, abundant open space and low impact of development on the natural environment and adjacent land uses.

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings, not to include mobile homes.

      (2)   Customary accessory buildings, including swimming pools and tennis courts.

      (3)   County owned or leased facilities.

   (c)   Special uses. The following uses are permitted subject to the requirements of this chapter and such additional regulations and requirements as may be imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Public and private utility facilities (must provide a vegetated buffer strip at least ten feet in height where the facility abuts a residential lot or use).

      (2)   Home occupations.

      (3)   Private clubs, including boat launching areas, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto provided there is no commercial activity and no sign other than a directional sign.

      (4)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Adopted on 11-5-90; amended 5-16-11)

      (5)   Churches and other associated church facilities including fellowship halls, sanctuaries, parsonages, church schools, parking areas, and offices. (Adopted on 4-19-99)

      (6)   Bed and Breakfast Homes may be permitted subject to the requirements of this chapter and provided that the following minimum conditions are met: (Adopted on 8-2-99)

         a.   No more than three (3) guest rooms shall be available for rental to guests. Guest rooms shall be constructed as part of the primary residential structure and not separate or detached from the principal structure. Any other bedrooms or bedroom equivalents in the structure shall be limited to use by the owner.

         b.   The bed and breakfast home shall be owner occupied and shall not employ more than the equivalent of one (1) full-time employee.

         c.   No separate kitchen facilities shall be provided for the guests’ use. Microwaves and refrigerators shall not be located in guest rooms. Food service at the bed and breakfast home shall be limited to guests and not open to the public as a restaurant, catering service, or take-out food service.

         d.   The bed and breakfast home shall be located on a lot with its entire frontage along a State numbered highway. This shall not include roads included in the State’s secondary maintenance system and designated with a SR number.

         e.   A bed and breakfast home shall be located on an individual lot or a subdivision lot with no deed restriction or subdivision covenant that prohibits commercial activity.

         f.   Parking: 1 space for each guest room available for rental plus the requirements of Section 22-56 for single-family structures. These spaces should be individually designated for bed and breakfast guests.

         g.   Signage: One indirectly lighted name-plate or professional sign not over 1 square foot in area and attached flat against the building shall be allowed.

         h.   No retail activities other than food and beverage sales incidental to the operation of the bed and breakfast home shall be allowed on the premises.

   (d)   Dimensional requirements.

      (1)   Minimum lot size:

         a.   Single family lots served by a private well and an on-site septic tank/drain field system: 20,000 square feet of area.

         b.   Single family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.

         c.   Single family lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area. (Amended on 9-19-94)

      (2)    Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet, an additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 25 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: 35 feet. (11-20-75, art. 7, 7.02)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 5-17-2023)

The following regulations shall apply to the MP-1 single-family residential district:

   (a)   Intent. The MP-1 district is established to provide for the low-density development of single-family detached dwellings in stable, permanent neighborhoods, characterized by low vehicular traffic flows and low impact of development on the natural environment.

   (b)   Permitted Uses. The following uses, and no other uses, shall be permitted by right:

      (1)   Single-family detached dwellings, not to include mobile homes.

      (2)   Customary accessory uses, including swimming pools, tennis courts, private piers and docks, and garages.

      (3)   County owned or leased facilities.

   (c)   Special Uses. The following uses are permitted subject to the requirements of this chapter and such additional regulations and requirements as may be imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Public and/or private utility facilities (must provide a vegetated buffer strip at least 10 feet in height where the facility abuts a residential lot or use).

      (2)   Home occupations as defined in Section 22-2.

      (3)   Private recreational facilities including boat launching areas, tennis courts, community centers, libraries, picnic areas, swimming beaches and pools, and concessions integral thereto provided there is no commercial activity and no sign other than a directional sign.

   (d)   Dimensional requirements.

      (1)   Minimum lot size:

         a.   Single-family lots served by a private well and an on-site septic tank/drain field system: 20,000 square feet of area.

         b.   Single-family lots served by central water and an on-site septic tank/drain field system: 15,000 square feet of area.

         c.   Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area.

      (2)   Minimum lot width: 100 feet measured at the building setback line.

      (3)   Minimum front yard: 40 feet.

      (4)   Minimum side yard: 12.5 feet, for corner lots the side yard setback shall be 20 feet adjacent to the street.

      (5)   Minimum rear yard: 25 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory uses: 30% as defined in section 22-2.

      (7)   Height limitation: 35 feet as defined in section 22-2.

   (e)   Other requirements.

      (1)   All utility lines of every type, including but not limited to water, electricity, telephone, septic, and cable, must be underground.

      (2)   Private piers and/or docks only as an accessory to a principal use building. Piers and docks shall be permitted by all applicable local, state, or federal agencies having jurisdiction. Only one pier or dock is permitted for each building site.

         a.   For property located on Jean Guite Creek – No such pier or dock shall extend into Jean Guite Creek more than 75 feet from an estuarine bulkhead, mean high waterline or from a line connecting the outermost limits of the coastal wetlands on either side of a proposed structure, whichever is nearest the channel.

         b.   For property on Currituck Sound – No such pier or dock shall extend into Currituck Sound more than 125 feet from an estuarine bulkhead, mean high waterline or from a line connecting the outermost limits of the coastal wetlands on either side of a proposed structure, whichever is nearest the channel.

(Amended to 125 feet on April 17, 2006)

      (3)   No fill material may be placed on a lot in the side setback areas unless the fill lies under a line with a vertical to horizontal slope of 1 to 3 or less, as measured from the original grade on the side property line and certified by a NC licensed surveyor or engineer.

      (4)   Undeveloped lots shall not be used for long-term storage or keeping of trailers, trash, debris, commercial materials or animals.

      (5)   No animals, livestock, poultry or fowl shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. (Amendment added on April 17, 2006)

      (6)   Accessory use buildings or structures, including detached garages, poolhouses, storage sheds, swimming pools, and swimming pool decking and/or all pool apron areas shall be located on any lot in conformance with the principal building setbacks established for this district. (Amendment added on April 17, 2006)

(Am. Ord. passed 6-21-2021)

   The following regulations shall apply to the MP-C neighborhood commercial district:

The following regulations shall apply to the RS-6 multi-family residential district:

   (a)   Intent. The RS-6 district is established as an area in which the principal use of the land is for single-family and low-density multi-family residential purposes not to exceed six dwelling units per acre. (Amended 10-15-2018)

   (b)   Permitted Uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings, not to include mobile homes.

      (2)   Duplexes.

      (3)   Multi-family dwellings.

      (4)   Customary accessory buildings, including private swimming pools and tennis courts.

      (5)   County owned or leased facilities.

      (6)   Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)

   (c)   Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches and cemeteries.

      (2)   Fire stations, schools, and other public buildings.

      (3)   Home occupations.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities (must provide a vegetated buffer strip at least ten feet in height where the facility abuts a residential lot or use).

      (6)   Planned unit developments, (this section was deleted by the Dare County Board of Commissioners on 9-19-94).

      (7)   Family child care homes as defined in section 22-2 and subject to the occupancy verification provisions of section 22-29.1, 4. (Adopted 11-5-90)

      (8)   Child care facilities, which are an accessory use of an existing or proposed church, school, other public building. (Adopted on 11-5-90)

      (9)   Educational housing projects subject to the provisions of Section 22-58.8.

      (10)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements.

      (1)   Minimum lot size:

         a.   Single-family lots served by private wells and an on-site septic tank/drain field system: 20,000 square feet of area.

            Single-family lots served by central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.

            Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area. (Amended on 9-19-94)

         b.   Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.

            Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)

         c.   Multi-family dwellings: Must be served by an approved public or community sewage disposal system: Six (6) dwelling units per acre. (Amended 10-15-2018)

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet.      

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: 35 feet.

      (8)   No building or other facility, such as playgrounds, tennis courts, swimming pools, parking areas, incinerators, trash collection areas, etc., shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a road and its right-of-way along such boundary may be included as part or all of the 50-foot separation zone. (11-20-75, art. 7, 1.03)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)

The following regulations shall apply to the RS-8 multi-family residential district:

   (a)   Intent. The RS-8 district is established as an area in which the principal use of the land is for single family and low density multi-family residential purposes, not to exceed eight dwelling units per acre. (Amended 10-15-2018)

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings, not to include mobile homes.

      (2)   Duplexes.

      (3)   Multi-family dwellings.

      (4)   Customary accessory buildings, including private swimming pools and tennis courts.

      (5)   County owned or leased facilities.

      (6)   Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)

   (c)   Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches and cemeteries.

      (2)   Fire stations, schools and other public buildings.

      (3)   Home occupations.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity and that no sign other than a direction sign is allowed.

      (5)   Public and private utility facilities (must provide a vegetated buffer strip at least 10 feet in height where the facility abuts a residential lot or use).

      (6)   Planning Unit development. (This entire section was by the Dare County Board of Commissioners on 9-19-94.)

      (7)   Family child-care homes as defined in section 22-2 and subject to the occupancy verification provisions of section 22-29.1, 4. (Adopted 11-5-90)

      (8)   Residential child care center as defined in section 22-2 and subject to occupancy verification provisions of section 22-29.1, 4. (Adopted 11-5-90)

      (9)   Child care facilities, which are an accessory use of an existing or proposed church, school, other public building. (Adopted 11-5-90)

      (10)   Educational housing projects subject to the provisions of Section 22-58.8.

      (11)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements.

      (1)   Minimum lot size:

         a.   Single-family lots served by private wells and an on-site septic tank\drain field system: 20,000 square feet of area.

            Single-family lots served by central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.

            Single-family lots served by central water supply and a central waste- water disposal system: 15,000 square feet of area. (Amended 9-19-94)

         b.   Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.

            Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)

         c.   Multi-family dwellings: Must be served by an approved public or community sewage disposal system. Eight (8) dwelling units per acre.

      (2)   Minimum lot width: 75 feet; measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum read yard: 20 feet.   

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: 35 feet.

      (8)   No building or other facility, such as playgrounds, tennis courts, swimming pools, parking areas, incinerators, trash collection areas, etc., shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a road and its right-of-way along such boundary may be included as part of or all the 50 foot separation zone. (11-20-75, art. 7, 7.04)

   e.   Non-conforming multi-family structures. If any non-conforming multi-family structure constructed before 2003 when the RS-8 dwelling density was decreased to six units per acre is destroyed or damaged more than 50% of its market value, the structure may be reconstructed to its former dwelling density at the time of its original construction but no greater. (Adopted 5-21-2018)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)

The following regulations shall apply to the RS-10 multi-family residential district:

   (a)   Intent. The RS-10 district is established as an area in which the principal use of the land is for high density residential purposes, not to exceed ten dwelling units per acre. The district also provides for the development of less intensive residential uses, as well as for compatible supporting uses.

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings, not to include mobile homes.

      (2)   Duplexes.

      (3)   Multi-family dwellings.

      (4)   Customary accessory buildings, including private swimming pools and tennis courts.

      (5)   County owned or leased facilities.

   (c)   Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches and cemeteries.

      (2)   Fire stations, schools and other public buildings.

      (3)   Home occupations.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities (must provide a vegetated buffer strip at least 10 feet in height where the facility abuts a residential lot or use).

      (6)   Planned unit developments. (This entire section was by the Dare County Board of Commissioners on 9-19-94).

      (7)   Small child care homes as defined in section 22-2. (Adopted 11-5-90)

      (8)   Large child care homes as defined in section 22-2. (Adopted 11-5-90)

      (9)   Small child care centers as defined in section 22-2. (Adopted 11-5-90)

      (10)   Small child care homes, large child care homes, small child care centers and medium child care centers as defined in section 22-2, only as an accessory use of an existing or proposed church, school, other public building, or planned unit development. (Adopted 11-5-90)

   (d)   Dimensional requirements.

      (1)   Minimum lot size:

         a.   Single-family lots served by a private well and on-site septic/tank drainfield system: 20,000 square feet of area.

            Single-family lots served by a central water supply and an on-site septic tank/drainfield system: 15,000 square feet of area.

            Single-family lots served by central water supply and central wastewater disposal system: 15,000 square feet of area. (Amended on 09-19-94)

         b.   Duplex: 25,000 square feet; except, that if served by an approved public or community sewage disposal system, lot size may be reduced to 12,500 square feet.

         c.   Multi-family dwellings: Must be served by an approved public or community sewage disposal system. 7,500 square feet for first dwelling unit; 4,000 square feet for each additional dwelling unit.

      (2)   Minimum lot width: 75 feet measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: 35 feet.

      (8)   No building or other facility, such as playgrounds, tennis courts, swimming pools, parking areas, incinerators, trash collection areas, etc., shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a road and its right-of-way along such boundary may be included as part or all of the 50- foot separation zone. (11-20-75, art. 7.05)

(Am. Ord. passed 6-21-2021)

   The following regulations shall apply to the R-1 low-density residential district:

   (a)   Intent. The R-1 district is intended to encourage the development of permanent low-density residential neighborhoods. These districts are located primarily in areas susceptible to environmental damage from more intensive uses of the land.

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings, not to include mobile homes.

      (2)   Customary accessory buildings, including private swimming pools and tennis courts.

      (3)   County owned or leased facilities.

   (c)   Special uses. The following uses are permitted, subject to the requirements of this district, and additional regulations and requirements imposed by the Board of Commissioners as provided in Article X of this chapter:

      (1)   Churches and cemeteries.

      (2)   Fire stations, schools and other public buildings.

      (3)   Home occupations.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities (must provide a vegetated buffer strip at least ten feet in height where the facility abuts a residential lot or use).

      (6)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Adopted on 11-5-90; amended 5-16-11)

      (7)   Small child care homes, large child care homes, and small child care centers as defined in Section 22-2, only as an accessory use of an existing or proposed church. (Adopted on 11-5-90)

      (8)   University campuses.

         a.   University campuses may include educational buildings, service facilities, student housing, research facilities and other uses normally associated with college campuses.

         b.   The minimum lot size shall be no less than 30 acres.

         c.   There will be no commercial uses on the campus. (Adopted on 2-1-10)

   (d)   Dimensional requirements.

      (1)   Minimum lot size.

         a.   Single-family lots served by a private well and an on-site septic tank/drain field system: 20,000 square feet of area.

            Single-family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.

            Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area. (Amended 9-19-94)

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 25 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: 35 feet. (11-20-75, art. 7, 7.06)

      (8)   Height limitation for R-1 on Hatteras Island:

         (a)   Lots 7,499 square feet or less in area – building height shall be limited to a total of 35 feet measured as an average of the peak of the roof.

         (b)   Lots 7,500 square feet to 14, 999 square feet in area – building height shall be limited to 35 feet to the top plat of the ceiling of the highest habitable floor for a total building height of 42 feet, measured as an average of the peak of the roof.

         (c)   Lots 15,000 square feet or greater in area – building height shall be limited to 35 feet for the highest horizontal structural member of the highest habitable floor, plus 10 feet for interior walls or a top plat level of 45 feet, plus 7 additional feet for attic space and roof line design, for a total building height of 52 feet, measured at the peak of the roof. (Adopted on 11-16-92)

      (9)   Height limitations for university campuses:

         (a)   Maximum building height shall be limited to 70 feet.

         (b)   An additional 2 feet of setback per foot of building height over 35 feet shall be established to any property line for structures exceeding 35 feet in height. (Adopted 2-1-10)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 4-20-2022; Am. Ord. passed 5-17-2023)

The following regulations shall apply to the R-1A low-density residential district:

   (a)   Intent. The R-1A district is intended to encourage the development of permanent low-density residential neighborhoods, which have a strong relationship to water resource activities, including but not limited to crab shedding operations. These districts are located primarily in water-oriented areas susceptible to environmental damage from more intensive uses of the land.

   (b)   Permitted uses. The following uses, and no other uses, shall be permitted by right:

      (1)   Detached single-family dwellings, not to include mobile homes.

      (2)   Customary accessory uses.

      (3)   County owned or leased facilities.

      (4)   Crab shedding operations in conjunction with a residential use and a maximum of 25 shedders.

   (c)   Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches and cemeteries.

      (2)   Fire stations, schools and other public buildings.

      (3)   Home occupations.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities (must provide a vegetated buffer strip at least ten feet in height where the facility abuts a residential lot or use).

      (6)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Adopted on 11-5-90; amended 5-16-11)

      (7)   Small child care homes, large child care homes, and small child care centers as defined in Section 22-2, only as an accessory use of an existing or proposed church. (Adopted on 11-5-90)

   (d)   Dimensional requirements for all uses.

      (1)   Minimum lot size:

         a.   Single-family lots served by a private well and an on-site septic/drain field system: 20,000 contiguous square feet of soil not classified as a coastal wetland.

            Single-family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 contiguous square feet of soil not classified as a coastal wetland.

            Single-family lots served by central water supply and a central wastewater disposal system: 15,000 contiguous square feet of soil not classified as a coastal wetland.

      (2)   Minimum lot width: 75 feet; measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 25 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: 35 feet. (11-20-75, art. 7, 7.06) (The R-1A district was adopted by the Dare County Board of Commissioners on June 16, 1997 in conjunction with the Colington zoning map.)

(Am. Ord. passed 6-21-2021)

The following regulations shall apply to the R-2 medium density residential district:

   (a)   Intent. The R-2 district is intended to encourage the development of moderate density residential neighborhoods, with a mix of permanent and short-term seasonal residents, and to serve as a transition zone between the low-density area and more intensely developed areas. The maximum density for multi-family structures shall not exceed six dwelling units per acre. (Amended 10-15-2018)

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings.

      (2)   Duplexes, with each unit subject to the dimensional requirements for single-family dwellings in the district, except for the side yards required at any common walls.

      (3)   Customary accessory buildings, including private swimming pools, and tennis courts.

      (4)   Mobile homes; 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 area are complied with.

      (5)   County owned or leased facilities.

      (6)   Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)

   (c)   Special uses. The following uses are permitted, subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches and cemeteries.

      (2)   Fire stations, schools and other public buildings.

      (3)   Home occupations.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach club and concessions integral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities.

      (6)   Planned unit developments. (This entire section was by the Dare County Board of Commissioners on 9-14-94.)

      (7)   Multi-family structures at a density of six (6) dwelling units per acre. (Adopted 10-15-2018)

      (8)   Public or private parks and playgrounds.

      (9)   Family child care homes as defined in Section 22-2, and subject to the provisions of Section 22-29.1. (Adopted on 11-5-90; amended 5-16-11)

      (10)   Child care facilities which are an accessory use of an existing or proposed church, school, other public building. (Adopted on 11-5-90)

      (11)   Educational housing projects subject to the provisions of Section 22-58.8.

      (12)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements.

      (1)   Minimum lot size:

         a.   Single-family lots served by a private well and an on-site septic tank/drain field system: 20,000 square feet of area.

            Single-family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.

            Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area. (Amended on 9-19-94)

         b.   Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.

            Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20% of lot depth, but such yard need not exceed twenty feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: 35 feet.

   (e)   Non-conforming structures and uses. The provisions of subsection (b) of Section 22-49 and subsection (f) of Section 22-50 to the contrary notwithstanding, a non-conforming structure or use existing within this district on November 20, 1975, may be restored to its original condition if destroyed or damaged by any means for a period of time not to exceed eight years from such. (11-20-75, art. 7, 7.07, 76-81, 1)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)

The following regulations shall apply to the R2-A alternative medium density residential district:

   (a)   Intent.   The R2-A district is intended to encourage the development of moderate density residential neighborhoods, to serve as a transition zone between the low-density area and more intensely developed areas, and provide a setting for a limited number of business uses associated with a coastal village location.

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings.

      (2)   Duplexes.

      (3)   Customary accessory buildings, including private swimming pools.

      (4)   Mobile homes; provided that:

         a.   They are placed on foundations and anchored according to the North Carolina State Building Code for Mobile Homes in a Hurricane State.

         b.   The requirements of the building inspector regarding skirting material and skirting area are complied with.

      (5)   County owned or leased facilities.

      (6)   Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)

   (c)   Special uses. The following uses are permitted, subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches, cemeteries; a recreation or retreat center to include overnight accommodations, may be offered as an accessory use to a church subject to the following conditions:

      (2)   Fire stations, schools and other public buildings.

      (3)   Home occupations.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities.

      (6)   Public or private parks and playgrounds.

      (7)   Bed and breakfast homes provided that:

         a.   There are no more than 3 units in a home.

         b.   It is owner occupied.

      (8)   Campgrounds.

      (9)   Fish houses and dockage.

      (10)   Real estate offices.

      (11)   Resident businesses provided that:

         a.   Family member(s) residing on premises plus one other non-resident employee.

         b.   Merchandise produced on or off the premises may be sold at the business.

         c.   The total square footage designated as the resident business may not exceed 40% of the total floor area of the home. The business area may be located within the confines of the home or in an accessory building located on the same property provided the 40% maximum area is not exceeded.

         d.   One indirectly lighted sign, each side not to exceed four square feet.

         e.   Parking requirements of Section 22-56 for the proposed use shall be applied.

      (12)   Family child care home as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Amended 5-16-11)

      (13)   Child care facilities which are an accessory use of an existing or proposed church, public school, or other public building.

      (14)   Educational housing projects subject to the provisions of Section 22-58.8.

      (15)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements:

      (1)   Minimum lot size:

         a.   Single-family lots served by a private well and an on-site septic tank/drain field system: 20,000 square feet of area.

            Single-family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.

            Single-family lots served by a central water supply and a central waste-disposal system: 15,000 square feet of area. (Amended on 9-19-94)

         b.   Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.

            Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)

         c.   Resident business: 30,000 square feet of area.

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: According to standards of Section 22-27.4 Height Overlay District.

   (e)   Non-conformities:

      (1)   In the event of natural disaster or accidental occurrence leads to extensive damage of an existing use or structure that use or structure may be repaired or replaced to 100% of its status as of June 17, 1991, but no greater and only to the extent that it cannot be built in conformity with these regulations. This provision shall become invalid on June 17, 2021.

      (2)   Any proposed addition or alteration to an existing use or structure must conform to those guidelines in effect at the time permit application for such an addition or alteration is made. (Adopted on 6-17-91)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)

The following regulations shall apply to the R-2B alternative medium density residential district:

   (a)   Intent. The R-2B district is intended to encourage the development of moderate density residential neighborhoods, to serve as a transition zone between low-density areas and more intensely developed areas, and provide a setting for a limited number of business uses associated with a coastal village location.

   (b)   Permitted uses. The following uses, and no other uses, shall be permitted by right:

      (1)   Detached single-family dwellings.

      (2)   Duplexes.

      (3)   Customary accessory uses.

      (4)   Mobile homes; provided that:

         (a)   They are placed on foundations and anchored according to the North Carolina State Building Code for mobile homes in a hurricane State.

         (b)   The requirements of the building inspector regarding skirting material and skirting area are complied with.

      (5)   Minor mobile home parks, according to the standards of the Dare County Mobile Home Park Ordinance.

      (6)   Crab shedding operations.

      (7)   County owned or leased facilities.

      (8)   Wind turbines for use in conjunction with a residential dwelling to be located on the same site subject to the following conditions:

         (a)   The minimum lot size - 10 acres.

         (b)   The maximum height of the wind turbine including the blades shall not exceed 50 feet.

         (c)   The wind turbine shall be located a minimum of 50 feet from all property lines.

         (d)   The wind turbine shall be used to provide electrical power for one residential dwelling and its associated accessory structures on the site. (Adopted 10-19-15)

      (9)   Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)

   (c)   Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches and cemeteries.

      (2)   Fire stations, schools and other public buildings.

      (3)   Home occupations.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided that no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities.

      (6)   Public and private parks and playgrounds.

      (7)   Bed and breakfast homes provided that:

         a.   There are no more than 3 units in a home.

         b.   It is owner occupied.

      (8)   Campgrounds.

      (9)   Fish houses and dockage.

      (10)   Real Estate Offices.

      (11)   Resident business provided that:

         a.   Family member(s) resides on premises plus one other non-resident employee.

         b.   Merchandise produced on or off the premises may be sold at the business.

         c.   The total square footage designated as the resident business may not exceed 40% of the total floor area of the home. The business area may be located within the confines of the home or in an accessory building located on the same property provided the 40% maximum area is not exceeded.

         d.   One indirectly lighted sign; each side not to exceed four square feet may be installed.

         e.   Parking requirements Section 22-56 for the proposed use shall be applied.

      (12)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Amended 5-16-11)

      (13)   Child care facilities which are an accessory use of an existing or proposed church, public school, or other public building.

      (14)   Major mobile home parks, according to the standards of the Dare County Mobile Home Park Ordinance.

      (15)   Pet grooming and kennel facilities, a pet crematory may be offered as associated use provided that:

      (16)   Residential child care centers subject to authorization as Permit for Special Exception according to Section 22-29.1. (Amended on 4-7-08)

      (17)   Educational housing projects subject to the provisions of Section 22-58.8.

      (18)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements:

      (1)   Minimum lot size:

         a.   Single-family lots served by a private well and an on-site septic tank/drain field system: 20,000 contiguous square feet of soil not classified as a coastal wetland.

            Single-family lots served by a central water supply and an on-site septic tank\drain field system: 15,000 contiguous square feet of soil not classified as a coastal wetland.

            Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 contiguous square feet of soil not classified as a coastal wetland.

         b.   Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.

            Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)

         c.   Resident business: 30,000 contiguous square feet of soil not classified as a coastal wetland.

      (2)   Minimum lot width: 75 feet measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard setback adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures and uses:

         a.   For all residential uses including home occupations, bed and breakfast homes, and resident businesses: 30%.

         b.   For all other uses: 50%.

      (7)   Height limitation: 35 feet.

(Adopted by the Dare County Board of Commissioners on June 16, 1997)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 11-7-2022)

   The following regulations shall apply to the R-2H medium density residential district:

   (a)   Intent. The R2-H district is intended to encourage the development of moderate density residential neighborhoods, with a mix of permanent and short-term seasonal residents, and to serve as a transition zone between the low-density area and more intensely developed areas. The maximum density for multi-family structures shall not exceed six dwelling units per acre. (density amendment adopted on June 2, 2003; amended 10-15-2018)

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings.

      (2)   Duplexes, with each unit subject to the dimensional requirements for single-family dwellings in the district, except for the side yards required at any common walls.

      (3)   Customary accessory buildings, including private swimming pools.

      (4)   Mobile homes; 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 area are complied with.

      (5)    County owned or leased facilities.

      (6)   Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)

   (c)   Special uses. The following uses are permitted, subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches and cemeteries

      (2)   Fire stations, schools and other public buildings

      (3)   Home occupations

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach club and concessionsintegral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities.

      (6)   Planned unit developments. (This entire section was by the Dare County Board of Commissioners on 9-14-94.)

      (7)   Multi-family structures at a density of six (6) dwelling units per acre. (Amended 10-15-2018)

      (8)   Public or private parks and playgrounds

      (9)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Adopted on 11-5-90; amended 5-16-11)

      (10)   Child care facilities which are an accessory use of an existing or proposed church, school, other public building. (Adopted on 11-5-90)

      (11)   Sporting clay courses provided the following conditions can be met:

         a.   The site shall be a minimum of 7 acres in area and have direct continuous frontage on the Pamlico Sound along 3 sides of the property.

         b.   Hours of operation–9:00 a.m. to 5:00 p.m., Monday - Saturday, 1:00 p.m. to 5:00 p.m., Sunday.

         c.   The total number of target machines provided at the sporting clay course shall not exceed 10 machines.

         d.   Shooting participants shall be escorted by a NRA (National Rife Association) certified attendant. No more than 8 shooters may occupy the shooting clay course at 1 time.

         e.   Restroom facilities shall be provided on-site for users of the sporting clay course.

         f.   Notwithstanding the provisions of Chapter 130 of the Dare County Code, no firearms used at the sporting clay course shall be discharged within 200 yards of any occupied residential structure. Individual shooting machines at the sporting clay course shall be situated for compliance with this condition and to avoid shooting in the direction of any occupied residential structure or into the waters of the Pamlico Sound.

         g.   Sporting clays used at the site shall be biodegradable and all ammunition shall comply with any federal laws.

         h.   There shall be no firearms sales or the sale of alcoholic beverages at the sporting clay course.

         i.   Other reasonable conditions that may be applied by the Board of Commissioners. (Adopted 7-19-10)

      (12)   Educational housing projects subject to the provisions of Section 22-58.8.

      (13)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements.

      (1)   Minimum lot size:

         a.   Single family lots served by a private well and an on-site septic tank/drainfield system: 20,000 square feet of area. Single family lots served by a central water supply and an on-site septic tank/drainfield system: 15,000 square feet of area. Single family lots served by a central water supply and a central wastewater disposal system: 15,000 square feet of area. (Amended on 9-19-94)

         b.   Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.

            Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20% of lot depth, but such yard need not exceed twenty feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: 45 feet measured from the established ground elevation to the highest elevation of any feature of the primary structure or portion of the roof, excluding those architectural features known as cupolas and observation towers that meet the requirements of Section 22-29 (c) of this ordinance. The height shall be calculated from the approximate center of the structure. Chimneys, lighting rods, weather vanes, wind gauges and other similar roof appurtenances shall not be considered the highest portion of the roof. For purposes of this Section, established ground elevation is defined as the highest of (1) natural ground elevation before any land disturbing activities; (2) unnatural ground elevation created by the placement of fill on a site on or before June 2, 2003; or (3) the re-grading of natural topographic conditions in preparation of construction activities.

         a.   Elective elevation option – For those structures that are constructed with the bottom of the floor joist located above 8 feet NAVD 1988, one foot of building height may be added for each one foot increment increase in elevation above 8 feet NAVD 1988. However in no instance shall the overall building height exceed 52 feet to the highest elevation of any feature of the structure or portion of the roof. Any improvements located in the increased elevation area shall be subject to the restrictions of subsection (d) storage area detailed below.

         b.   Habitable floors – No structure shall feature more than three (3) habitable floors or three (3) habitable stories measured from the bottom of the floor joist to the top of the top plate, excluding those architectural features known as cupolas and observation towers that meet the requirements of Section 22-29 (c) of this ordinance.

         c.   Roof pitch – The pitch of the roof shall be a minimum of 4/12.

         d.   Storage area – For those structures with a storage area enclosure located below 8 feet NAVD 1988, the size of the enclosure area shall not exceed 25% of the square footage of the structure, or 300 square feet, whichever measurement is less. For the purposes of calculating the square footage allowed in the storage area, decks, porches, and other non-heated areas of the structure shall be included in the footprint square footage area. Storage areas shall be vented according to the standards of the National Flood Insurance Program regulations (one square inch of vents for every square foot of floor space). Elevator equipment may be located in the storage area as permitted by the National Flood Insurance Program regulations and other applicable state building codes. The remaining area of the foundation or piling area shall remain open and unobstructed by walls, enclosures, or other structural improvements that may serve as obstructions to storm surge tides or flood waters. Storage area enclosures shall be excluded from the calculation of subsection (b) habitable floors of this section. (amendments to building height adopted on July 19, 2004) Oceanfront overlay district -- 52 feet measured from 8 feet NAVD 1988 to the highest elevation of any feature of the structure or portion of the roof measured from the approximate center of the structure. For those properties where the natural grade exceeds 8 feet NAVD 1988, building height shall be measured from the highest adjacent grade to the proposed structural footprint. For the purposes of this section natural grade is defined as the highest of (1) natural ground elevation before any land disturbing activities; (2) unnatural ground elevation created by the placement of fill on a site on or before June 2, 2003; or (3) the re-grading of natural topographic conditions in preparation of construction activities. Chimneys, lighting rods, weather vanes, wind gauges and other similar roof appurtenances shall not be considered the highest portion of the roof. The pitch of the principal roof shall be no less than 4/12. This height limitation shall apply to residential structures located within an overlay area established from the National Park Service oceanfront boundary to a distance of 500 feet landward as depicted on the Hatteras village zoning map. (July 21, 2003)

   (e)   Non-conforming structures and uses. The provisions of subsection (b) of Section 22-49 and subsection (f) of Section 22-50 to the contrary notwithstanding, a non-conforming structure or use existing within this district on November 20, 1975, may be restored to its original condition if destroyed or damaged by any means for a period of time not to exceed eight years from such. (11-20-75, art. 7, 7.07, 76-81, 1) (adopted by the DCBC on 6-2-03)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)

   The following regulations shall apply to the R2-AH alternative medium density residential district:

   (a)   Intent. The R2-AH district is intended to encourage the development of moderate density residential neighborhoods, to serve as a transition zone between the low density area and more intensely developed areas, and provide a setting for a limited number of business uses associated with a coastal village location.

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings.

      (2)   Duplexes, with each unit subject to the dimensional requirements for single-family dwellings in the district, except for the side yards required at any common walls.

      (3)   Customary accessory buildings, including private swimming pools.

      (4)   Mobile homes; 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 area are complied with.

      (5)   County owned or leased facilities.

      (6)   Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)

   (c)   Special uses. The following uses are permitted, subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches and cemeteries.

      (2)   Fire stations, schools and other public buildings.

      (3)   Home occupations.

      (4)   Private clubs, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (5)   Public and private utility facilities.

      (6)   Public or private parks and playgrounds.

      (7)   Bed and breakfast homes provided that:         

         a.   There are no more than 3 units in a home.

         b.   It is owner occupied.

      (8)   Campgrounds.

      (9)   Fish houses and dockage.

      (10)   Real estate offices.

      (11)   Resident businesses provided that:

         a.   Family member(s) residing on premises plus one other non-resident employee.

         b.   Merchandise produced on or off the premises may be at the business.

         c.   The total square footage designated as the resident business may not exceed 40% of the total floor area of the home. The business area may be located within the confines of the home or in an accessory building located on the same property provided the 40% maximum area is not exceeded.

         d.   One indirectly lighted sign, each side not to exceed four square feet.

         e.   Parking requirements of the proposed use as required in Section 22-56 may be met.

      (12)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Amended 5-16-11)

      (13)   Child care facilities which are an accessory use of an existing or proposed church, public school, or other public building.

      (14)   Government owned dormitories.

      (15)   Educational housing projects subject to the provisions of Section 22-58.8.

      (16)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements:

      (1)   Minimum lot size:

         a.   Single-family lots served by a private well and an on-site septic tank/drain field system: 20,000 square feet of area.

            Single-family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.

            Single-family lots served by a central water supply and a central waste-disposal system: 15,000 square feet of area. (amended on 9-19-94)

         b.   Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.

            Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)

         c.   Resident business: 30,000 square feet of area.

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 10-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20 feet.

      (6)   Maximum lot coverage by principal use and all accessory uses: 30%.

      (7)   Building Height - 45 feet measured from the established ground elevation to the highest elevation of any feature of the primary structure or portion of the roof, excluding those architectural features known as cupolas and observation towers that meet the requirements of Section 22-29(c) of this ordinance. The height shall be calculated from the approximate center of the structure. Chimneys, lightning rods, weather vanes, wind gauges and other similar roof appurtenances shall not be considered the highest portion of the roof. For purposes of this section, established ground elevation is defined as the highest of (1) natural ground elevation before any land disturbing activities; (2) unnatural ground elevation created by the placement of fill on a site on or before June 2, 2003; or (3) the re-grading of natural topographic conditions in preparation of construction activities.

         a.   Elective elevation option - For those structures that are constructed with the bottom of the floor joist located above 8 feet NAVD 1988, one foot of building height may be added for each one foot increment increase in elevation above 8 feet NAVD 1988. However in no instance shall the overall building height exceed 52 feet to the highest elevation of any feature of the structure or portion of the roof. Any improvements located in the increased elevation area shall be subject to the restrictions of subsection (d) storage area detailed below.

         b.   Habitable floors - No structure shall feature more than three habitable floors or three habitable stories measured from the bottom of the floor joist to the top of the top plate, excluding those architectural features known as cupolas and observation towers that meet the requirements of Section 22-29(c) of this ordinance.

         c.   Roof pitch - The pitch of the roof shall be a minimum of 4/12.

         d.   Storage area - For those structures with a storage area enclosure may be located below 8 feet NAVD 1988, the size of the enclosure area shall not exceed 25% of the square footage of the structure, or 300 square feet, whichever measurement is less. For the purposes of calculating the square footage allowed in the storage area, decks, porches, and other non-heated areas of the structure shall be included in the footprint square footage area. Storage areas shall be vented according to the standards of the National Flood Insurance program regulations (one square inch of vents for every square foot of floor space). Elevator equipment may be located in the storage area as permitted by the National Flood Insurance Program regulations and other applicable state building codes. The remaining area of the foundation or piling are shall remain open and unobstructed by walls, enclosures, or other structural improvements that may serve as obstructions to storm surge tides or flood waters. Storage area enclosures shall be excluded from the calculation of subsection (f) habitable floors of this section. (Adopted by the DCBC on July 19, 2004)

   (e)   Non-conformities:

      (1)    In the event a natural disaster or accidental occurrence leads to extensive damage of an existing use or structure that use or structure may be repaired or replaced to 100% of its status as of June 17, 1991, but no greater and only to the extent that it cannot be built in conformity with these regulations. This provision shall become invalid on June 17, 2021.

      (2)   Any proposed addition or alteration to an existing use or structure must conform to those guidelines in effect at the time permit application for such an addition or alteration is made. (Adopted on 6-17-91)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)

   The following regulations shall apply to the SP-2 alternative residential district:

   (a)   Intent. The SP-2 district is intended to encourage the development of residential neighborhoods and provide a setting for a limited number of business uses associated with a coastal village location.

   (b)   Permitted uses. The following uses, and no other uses, shall be permitted by right:

      (1)   Detached single family dwellings.

      (2)   Mobile homes located on individual lots.

      (3)   Customary accessory uses in conjunction with residential use including garages, storage sheds, pools and other accessory uses buildings.

      (4)   Crab shedding operations (maximum of 50 shedders) including crab pot storage and other crabbing operations.    

      (5)   Churches and cemeteries.

      (6)   Fire stations, schools and other public buildings.

      (7)   County owned or leased facilities.

      (8)   Public boat ramps and associated parking areas.

      (9)   Commercial fishing net storage sheds.

   (c)   Special uses. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Home occupations as defined in Section 22-2.

      (2)   Private subdivision amenity areas, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided that there is no open commercial activity and that no sign other than a directional sign is allowed.

      (3)   Public and private utility facilities.

      (4)   Public and private parks and playgrounds.

      (5)   Bed and breakfast homes provided that:

         a.   There are no more than 3 units in a home.

         b.   It is owner occupied.

      (6)   Automobile repair shops with a maximum of 2 service bays and outdoor storage of vehicles for no more than 4 vehicles.

      (7)   Fish houses and dockage.

      (8)   Professional offices in conjunction with a residential use.

      (9)   Resident businesses provided that:

         a.   Family member(s) resides on premises plus one other nonresident employee.

         b.   Merchandise produced on or off the premises may be sold at the business.

         c.   The total square footage designated as the resident business may not exceed 40% of the total floor area of the home. The business area may be located within the confines of the home or in an accessory building located on the same property provided the 40% maximum area is not exceeded.

         d.   One indirectly lighted sign, each side not to exceed four square feet may be installed.

         e.   Parking requirements of Section 22-56 for the proposed us shall be applied..

      (10)   Crabbing shedding operations with more than 50 shedders.

      (11)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Amended 5-16-11)

      (12)   Child care facilities which are an accessory use of an existing or proposed church, public school, or other public building.

      (13)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements:

      (1)   Minimum lot size:

         a.   Single-family lots served by a private well and an on-site septic tank/drainfield system: 20,000 contiguous square feet of soil not classified as a coastal wetland.

            Single-family lots served by a central water supply and an on-site septic tank/drainfield system: 15,000 contiguous square feet of soil not classified as a coastal wetland.

            Single-family lots served by a central water supply and a central wastewater disposal system: 15,000 contiguous square feet of soil not classified as a coastal wetland.

         b.   Resident business: 30,000 contiguous square feet of soil not classified as a coastal wetland.

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 10 feet. An additional 5 feet side yard setback adjacent to the street is required for a corner lot. For lots with less than 75 feet of width, the side yard setback shall be 8 feet.

      (5)   Minimum rear yard: 20 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures and uses:

         a.   For all residential uses including home occupations, bed and breakfast homes, and resident businesses: 30 %.

         b.   For all other uses: 50%.

      (7)   Height limitation: 45 feet. An additional increase, not to exceed 2 feet, of building height may be granted to structures in existence on March 15, 2004 that are elevated to mitigate flood hazards.

   (e)   Non-conformities:

      (1)   In the event a natural disaster or accidental occurrence leads to extensive damage of an existing structure that use or structure may be repaired or replaced to 100% of its status as of March 15, 2004, but no greater and only to the extent that it cannot be built in conformity with these regulations. This provision shall become invalid on March 15, 2054.

      (2)   Any proposed addition or alteration to an existing use or structure must conform to those guidelines in effect at the time permit application for such an addition or alteration is made.

   (f)   Standards for Property Severed by a Street.

For those properties that are in single ownership but divided by Bayview Drive, such properties shall be considered two separate parcels for zoning and building purposes. Any permitted or special use of the SP-2 district may be located on either of the two parcels only if the applicable dimensional standards of the SP-2 district can be met on each of the individual parcels. Building permits for principal use structures shall not be issued if the dimensional standards cannot be met on the either parcel independent of the other parcel. When it has been determined that a principal use cannot be constructed on any lot in the SP-2 district due to the dimensional standards, setbacks, or lot coverage limitations, an accessory use or accessory building may be permitted on such lot provided the accessory use or accessory building can meet the dimensional standards for accessory uses or accessory buildings. These standards do not apply to structures existing prior to March 15, 2004 and are not intended to influence decisions or other federal or state permits such as CAMA, FEMA or Environmental Health permits.

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021)

The following regulations shall apply to the R-3 high-density residential district:

   (a)   Intent. The R-3 district is established as an area in which the principal use of the land is for single family and high density multi- family residential purposes, not to exceed ten dwelling units per acre. (Amended 10-15-2018)

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Multi-family dwellings.

      (2)   Duplexes.

      (3)   Detached single family dwellings.

      (4)   Customary accessory buildings, including private swimming pools.       

      (5)   Private piers.

      (6)   Private parks and playgrounds.

      (7)   Mobile homes 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 materials and skirting area are complied with; except, that this shall not apply to mobile homes parks and trailer parks.

      (8)   County owned or leased facilities.

      (9)   Accessory dwelling unit according to the provisions of Section 22-58.6 of this code. (Adopted 10-15-2018)

   (c)   Special Uses. The following uses are permitted, subject to the requirements of this district and additional regulations and requirements imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Churches.          

      (2)   Cemeteries.

      (3)   Temporary construction offices.

      (4)   Docks or marinas.

      (5)   Public parks and playgrounds.

      (6)   Golf courses.

      (7)   Greenhouses or plant nurseries.

      (8)   Home occupations.

      (9)   Hospitals, medical clinics and nursing homes.

      (10)   Private clubs or lodges.

      (11)   Public buildings.

      (12)   Public and private utility facilities.

      (13)   Planned unit developments. (This entire section was by the Dare County Board of Commissioners on 9-19-94.)

      (14)   Mobile home parks according to the Dare County Mobile Home Park Ordinance.             

      (15)   Family child care homes as defined in Section 22-2 and subject to the occupancy verification provisions of Section 22-29.1, 4. (Adopted 11-5-90)

      (16)   Large child care homes as defined in Section 22-2 and subject to the occupancy verification provisions of Section 22-29.1, 5. (Adopted 11-5-90)

      (17)   Child care facilities which are an accessory use of an existing or proposed church, school, other public building. (Adopted 11-5-90)

      (18)   Educational housing projects subject to the provisions of Section 22-58.8.

      (19)   Special use subdivisions subject to the provisions of Section 22-58.9.

   (d)   Dimensional requirements.

      (1)   Minimum lot size:

         a.   Single-family lots served by a private well and an on-site septic/tank drain field system: 20,000 square feet of area.

            Single-family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 square feet of area.

         b.   Duplex lots if served by a private well regardless of wastewater disposal method: 20,000 square feet.

            Duplex lots if served by central water regardless of wastewater disposal method: 15,000 square feet. (Amended 10-15-2018)

         c.   Multi-family dwellings: Must be served by an approved public or community sewage disposal system. Ten (10) dwelling units per acre except a dwelling density bonus of ten (10) additional units per acre may be applied in a commercial group development existing on October 20, 1992 that is served by an approved public or community sewage treatment and disposal system. (Amended 10-15-2018; Amended 11-15-2021)

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet.      

      (4)   Minimum side yard: 8 feet. An additional 8-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20% of lot depth, but such yard need not exceed 20 feet.

      (6)   Maximum allowable lot coverage by principal use and all accessory structures: 30%.

      (7)   Height limitation: 35 feet.

   (e)   Non-conforming structures and uses. The provisions of subsection (b) of Section 22-49 and subsection (f) of section 22-50 to the contrary not withstanding, a non-conforming structure or use existing within this district on November 20, 1975, may be restored to its original condition if destroyed or damaged by any means for a period of time not to exceed eight years from such date. (11-20-75, art. 7, 7.08)

(Am. Ord. passed 9-16-2019; Am. Ord. passed 6-21-2021; Am. Ord. passed 11-15-2021)

The following regulations shall apply to the R-4 residential district:

   (a)   Intent. The R-4 residential district is established to provide for low- density development of single-family detached dwellings in an environment which preserves sand dunes, coastal forest, wetlands and other unique natural features of the coastal area. The district is intended to promote stable, permanent neighborhoods, characterized by low vehicular traffic flows, abundant open space and low impact of development on the natural environment and adjacent land uses.

   (b)   Permitted uses. The following uses shall be permitted by right:

      (1)   Detached single-family dwellings, not to include mobile homes.

      (2)   Customary accessory buildings, including swimming pools and tennis courts.

      (3)   County owned or leased facilities.

   (c)   Special uses. The following uses are permitted subject to the requirements of this chapter and such additional regulations and requirements as may be imposed by the Board of Commissioners as provided in Article IX of this chapter:

      (1)   Public and private utility facilities (must provide a vegetated buffer strip at least 10 feet in height where the facility abuts a residential lot or use).

      (2)   Home occupations.

      (3)   Private clubs, including boat launching areas, tennis courts, community centers, libraries, picnic areas, beach clubs and concessions integral thereto; provided, that there is no open commercial activity, and that no sign other than a directional sign is allowed.

      (4)   Family child care homes as defined in Section 22-2 and subject to the provisions of Section 22-29.1. (Adopted 11-5-90; amended 5-16-11)

   (d)   Dimensional requirements.

      (1)   Minimum lot size.

         a.   Single-family lots served by a private well and an on-site septic tank/drain field system: 15,000 square feet.

            Single-family lots served by a central water supply and an on-site septic tank/drain field system: 15,000 square feet of area. (Amended on 9-19-94)

      (2)   Minimum lot width: 75 feet, measured at the building setback line.

      (3)   Minimum front yard: 25 feet.

      (4)   Minimum side yard: 8 feet. An additional 7-foot side yard adjacent to the street is required for a corner lot.

      (5)   Minimum rear yard: 20% of lot depth.

      (6)   Maximum allowable lot coverage by principal use, all accessory structures and any surface impervious to water: 30%.

      (7)   Height limitation: 35 feet.

   (e)   Non-conforming structures: If any such non-conforming structure or non-conforming portion of such structure is destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. However, any destroyed non-conforming structure may be rebuilt to its original dimensions if a permit for rebuilding is obtained within one hundred eighty (180) days from the date of destruction. Thereafter, it shall not be rebuilt except in conformity with the regulations of the district in which it is located. (Adopted by the Board of Commissioners on 6-25-85 for Colington Harbour)

(Am. Ord. passed 6-21-2021)

The following regulations shall apply to the MH-A zoning district:

   (a)   Intent. The MH-A district is intended to encourage the development of moderate density residential neighborhoods, to serve as a transition zone between low-density areas and more intensely developed areas, and provide a setting for a limited number of business uses associated with a coastal village location.

All existing uses are 100% "grandfathered" in perpetuity, as they exist as of the date the Manns Harbor/Mashoes zoning ordinance is adopted. Any structure destroyed or deteriorated by natural means, either partially or in full, may be rebuilt to 100% of its previous extent. This shall not apply to those nonconforming structures which are voluntarily removed or demolished. State and federal rebuilding regulations may apply.

   (b)   Permitted uses. The following uses and NO OTHER shall be permitted by right:

      (1)   Detached single-family dwellings.

      (2)   Duplexes.

      (3)   Customary accessory uses.

      (4)   Mobile homes; provided that:

         a.   They are placed on foundations and anchored according to the North Carolina State Building Code for mobile homes in a hurricane state.

         b.   The requirements of the building inspector regarding skirting material and skirting area are complied with.

      (5)   Traditional commercial fishing businesses, including crab shedding operations.

      (6)   County owned or leased facilities.

      (7)   Commercial/light industry, with the following conditions:

working/furniture making.