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Dare County Unincorporated
City Zoning Code

ARTICLE VII

OFF-STREET PARKING AND LOADING

SECTION 22-53 - OFF-STREET PARKING - REQUIRED

At the time of erection of any building or structure, or at the time any main building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one zoning use or occupancy to another, permanent off-street parking space shall be provided according to the amounts and specifications provided in this article. (11-20-75, art. 6, 6.01)

SECTION 22-54 - SAME - GENERAL STANDARDS AND REQUIREMENTS

   (a)   Each off-street parking space required by this article shall have a minimum length of 20 feet and a minimum width of 10 feet. It shall have vehicular access to a publicly dedicated street or alley, except as authorized in this chapter as group development or otherwise approved by Dare County.
   (b)   With the exception of required spaces for single-family and two-family dwelling units, sufficient maneuvering space shall be provided so that no vehicle will be required to back into the public right-of-way, private street or other established vehicular right of way or easement.
   (c)   No parking spaces for residential use, except for single-family and two-family use, shall be located in the required front yard.
   (d)   Required parking spaces and driveways for other than single-family uses shall be graded, improved and maintained in a manner in which will provide a dust free surface, permitting safe and convenient use in all weather conditions.
   (e)   Required off-street parking spaces are permanent areas and shall not be used for any other above ground purpose.
   (f)   For uses not specifically mentioned in this article, off-street parking requirements shall be applied by the Planning Director, based upon requirements for similar uses established herein.
   (g)   All space requirements, which are based upon employment, shall be computed on the basis of the greatest number of persons on duty at any one period during the day or night. In instances where calculations that indicate a portion of one space is required, an additional full space shall be provided.
   (h)   Each application for a development approval or certification of compliance submitted to the Planning Director shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient detail to enable the Planning Director to determine whether or not the requirements of this article are met.
   (i)   The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use; except, that one-half of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays.
   (j)   If the off-street parking space required by this article in any district except a residential district cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 400 feet of the main entrance to such principal use. Such land shall be used for no other purpose so long as no other adequate provisions of parking space meeting the requirements of this article have been made for the principal use. In such cases, the applicant for a development approval for the principal use shall submit with the application for a development approval an instrument duly executed and acknowledged, which subjects such land to parking use in connection with the principal use for which it is made available for a period of 20 years, with an option for renewal for an additional period of 10 years. The applicant shall deposit the necessary fee, and upon the issuance of a development approval, the Planning Director shall cause such instrument to be registered in the office of the Register of Deeds of the county.
   (k)   Any off-street parking space required by any use permitted in any residential district shall be provided on the same lot with the use by which it is required. Off-street parking space in conjunction with commercial and industrial uses in other districts shall not be permitted in a residential district.
   (l)   Where off-street parking is provided between the building line and the street right-of-way line for any business use, a buffer strip of at least five feet in width shall be provided adjacent to such street right-of-way line. Curb cuts through such buffer strips shall be located no closer than 30 feet, unless otherwise approved by Dare County. (11-20-75, art. 6, 6.01)
(Am. Ord. passed 6-21-2021)

SECTION 22-55 - SAME - STANDARDS AND REQUIREMENTS FOR PARKING LOTS

Where parking space for five or more cars is permitted or required, the following provisions shall be complied with:
   (a)   Yards. No parking lot shall be located closer than ten feet to a public right-of-way. The area between the parking lot and street right-of-way shall be planted and maintained in lawn or other appropriate planting or shall be improved otherwise as approved in the site plan review.
   (b)   Curb bumpers. The required front and side yards shall be set off from the parking area by a fixed curb approved by the Planning Director, not less than eight inches nor more than two feet high.
   (c)   Lighting. Any lighting shall be so arranged as to direct light and glare away from streets and adjacent property.
   (d)   Surfacing. All parking lots shall be provided with a dust proof surface with adequate drainage facilities.
   (e)   Drainage. Parking lots shall not drain onto or across public sidewalks or into adjacent property, except into a natural watercourse or a drainage easement.
   (f)   Markings. Each parking space shall be marked off and maintained so as to be distinguishable.
   (g)   Entrances. On all corner lots, no vehicular openings shall be located at closer than 15 feet from the point of intersection of the established street right-of-way lines. No entrance or exit whether on a corner lot or not, shall exceed 30 feet in width at the property line or 40 feet at the curb line. There shall be a minimum distance between one-way driveways of 25 feet, measured along the curb line.
   (h)   Internal circulation. The internal circulation plan or parking lots shall be approved by the Planning Director.
   (i)   Solid waste container requirements. Sufficient space shall be provided on the premises for the location of solid waste containers as required by Chapter 10 of this Code or other County Ordinances regulating the collection and disposal of trash and garbage. Such solid waste container location may be in a required parking lot provided, that such location does not occupy a required parking space or maneuvering space; provided, further, that such solid waste container location shall provide convenient and safe access to the servicing vehicle. (11-20-75, art. 6, 6.01)
(Am. Ord. passed 6-21-2021)

SECTION 22-56 - SAME - NUMBER OF SPACES REQUIRED

The number of off-street parking spaces required by this section shall be provided on the same lot with the principal use, except as provided in subsection (j) of section 22-54, and the required number of off-street spaces specified for each use shall be considered as the absolute minimum. Where a fraction of a space is required by this section, the next whole number shall be provided. In addition, a developer shall evaluate his/her needs to determine if they are greater than the minimum specified by this section. The required number of spaces shall be as follows:
Use
 
Required Parking
 
Use
 
Required Parking
 
For Single-family detached residential structures
 
Permanent parking spaces shall be provided on the same lot as the principal use structure and shall not be located on or within any right-of-way, street, easement or road area.
   1.   For structures with 5 or less bedrooms or bedroom equivalents as established on the Dare County wastewater improvement permit or other wastewater permitting agency, the following standards shall apply: (Amended on 6-20- 16)
      a.   One parking space for each authorized bedroom or bedroom equivalent shall be provided with 50% of the required parking spaces of an impervious surface. The remainder may be of a pervious surface, however sand shall not be considered an acceptable pervious surface. Minimum dimensions of individual parking spaces: 10’ x 20’. Parking spaces may be provided under the structure. Parking spaces may be allowed in the front yard setback area but cannot be located closer than 2’ from side property lines. Parking spaces shall comply with all applicable setback regulations for wastewater improvements. Parking spaces shall be located on the cite in a manner that allows access by all vehicles.
      b.   Final approval of layout subject to review by Dare County Planning Department based on consultation with Fire Marshal/EMS. Installation of the parking improvements shall be verified by Dare County before the release of the certificate of occupancy and shall be depicted on an as-built survey.
      c.   No parking area shall be altered to preclude its use for parking subsequent to the issuance of an occupancy permit.
   2.   For structures with 6 or more authorized bedrooms or bedroom equivalents as established on the Dare County wastewater improvement permit or other wastewater permitting agency, the following standards shall apply: (Amended on 6-20-16)
      a.   One parking space for each authorized bedroom or bedroom equivalent shall be provided with 50% of the required parking spaces of an impervious surface. The remainder may be of a pervious surface, however sand shall not be considered an acceptable pervious surface. Minimum dimensions of individual spaces: 10’ x 20’. Parking spaces may be allowed in the front yard setback area but cannot be located closer than 2’ from side property lines. Parking spaces shall comply with all applicable setback regulations for wastewater improvements.
For Single-family detached residential structures - Cont’d
 
      b.   A drive aisle, minimum width of 10’, shall be provided to facilitate emergency vehicle access and vehicle maneuvering. This drive aisle shall be constructed of an impervious surface. One parking space, located at the end of the drive aisle closest to the structure, may be located in the drive aisle. Parallel or perpendicular parking spaces may be provided along the length of this drive aisle area on either side. Parking spaces may be provided under the house outside of the designated drive aisle areas. Parking spaces shall be located on the cite in a manner that allows access by all vehicles.
      c.   Final approval of layout subject to review by Dare County Planning Department based on consultation with Fire Marshal/EMS. Installation of the parking improvements shall be verified by Dare County before the release of the certificate of occupancy and shall be depicted on an as-built survey.
      d.   No parking areas shall be altered to preclude its use for parking subsequent to the issuance of an occupancy permit.
Single family structure with small child care home (Adopted 11-5-90)
Ability to accommodate two vehicles off site of any right-of-way used as access to a small child- care home in addition to those parking spaces required for a single-family residence.
Single-family structure with large child care home (Adopted 11-5-90)
Ability to accommodate three vehicles off-site of any right-of-way used as access to a large child-care home in addition to those parking spaces required for a single-family residence.
Multi-family residences, group housing projects, townhouses and condominiums
1 parking space for each authorized bedroom proposed in a multi-family structure with 50% of the required parking spaces of an impervious surface. Concrete, asphalt, turf-stone and/or paving block installed over a clay sub-base are considered impervious surfaces. For those properties located in a CAMA area of environmental concern that restricts the use of impervious surfaces, the Dare County requirement for impervious parking may be waived. However, this area shall still be designated as lot coverage.
(Amended on 2-1-16)
Hotel, tourist home, motel, motor court, rooming or boarding house
1.5 parking spaces for each room to be rented, plus one additional parking space for each three employees.
Public and semi-public uses
Doctor’s or dentist’s office in own residence
Required Parking
Three parking spaces per doctor, in addition to residence requirements.
Professional office, other than doctor or dentist, in own residence
Two parking spaces per office or home occupation, in addition to residence requirements.
Hospital
 
One parking space for each two beds intended for patient use, one space for each resident physician and one space for each two employees.
Clinic
Ten parking spaces minimum, plus five parking spaces for each doctor assigned, plus one parking space for each employee.
Nursing home
One parking space for each five beds intended for patient use and one space for each three employees.
Churches
One parking space for each four seats in the sanctuary.
Elementary school and Junior High School
One parking space for each classroom and administrative office
Senior high school
 
One parking space for each five students for which the building was designed, plus one parking space for each classroom and administrative office.
Stadium
One parking space for each two spectator seats
Auditorium
One parking space for each two seats in the largest assembly room.
Public or private clubs
 
One parking space for each two hundred square feet of gross floor space.
Public utility buildings
 
One parking space for each employee. With custom service facilities, a minimum of five additional spaces.
Child care centers
(Adopted 11-5-90)
One space for every three children and one space for each employee.
               
Retail and office use
General or professional offices and banks, (other than doctors and dentists) (see clinic requirements)
Required Parking
One parking space for each two hundred square feet of gross floor space, plus one space for each two employees
Restaurant, café or eating place
One parking space for every three customer seats, plus one additional parking space for each three employees.
Drive-in restaurant or refreshment stand
Thirty parking spaces, in addition to the requirements for a restaurant, café or public eating place.
Fishing piers
A minimum of twenty-five parking spaces, with one additional parking space for each two hundred square feet or gross floor space under cover.
Indoor recreation except as listed below
One space per three people of occupancy rating plus one space for each two employees.
OR if an occupancy rating cannot be determined then a ratio of one space for each two hundred sq. ft. of customer use area plus one space for each two employees shall apply.
Bowling alley
Three spaces per lane.
Arena or other indoor assembly with fixed seats
One space per three seats.
Movie theater or indoor theater
One space per three seats.
Tennis courts, racquet ball and other racket courts
Two spaces for each court plus one space for each two employees.
Outdoor recreation except as listed below
One space per three people of occupancy rating plus one space for each two employees plus parking for any indoor building areas associated with the outdoor recreation use.
OR if an occupancy rating cannot be determined then a ratio of one space for each two hundred sq. ft. of customer use area plus one space for each two employees plus one space per two hundred sq. ft. for any indoor building areas associated with the outdoor recreation use shall apply.
Golf course
Four spaces for each golf hole plus 1.2 spaces for each driving range tee.
Outdoor area or theater
One space per three seats.
Tennis courts, racquet ball and other racket courts
Two spaces for each court plus one space for each two employees.
Other standards for indoor and outdoor recreation uses
   a.   Customer use area is defined as those areas used by patrons of a recreation facility. For indoor recreation facilities this shall not include those portions of an indoor recreation facility that is used for storage and/or office areas for employees/owners of the business. For outdoor recreation facilities, this shall not include areas used for stormwater retention or collection, areas used for wastewater treatment improvements, landscape buffers, and other similar site improvements required by the Zoning Ordinance. Public restroom areas are to be included as customer use areas.
   b.   For any proposed indoor or outdoor recreation use that is not listed, the Planning Director shall determine the appropriate use category most similar to the proposed use and apply appropriate parking standards based on the occupancy rating of the use. The Planning Director may also require the submission of a parking study if other similar uses are not listed in the parking requirements for Dare County. The parking study shall include estimates of parking demand based on standards from the Institute of Traffic Engineers (ITE) or other acceptable estimates as approved by the Planning Director for uses or combination of uses that are the same as or are comparable to the proposed use.
   c.   The maximum occupancy rating shall be as determined by the Dare County Planning Department. In determining the applicable parking ratio, a maximum occupancy rating shall be recommended by a North Carolina engineer or architect and submitted to the Planning Department as part of the site plan review process. The maximum occupancy rating recommendation shall be based on the North Carolina Building Code and Fire Code and on accepted professional standards. All reference material used by the design professional in developing the recommendation for the maximum occupancy rating shall be identified by the design professional. In lieu of the standard ratios in the minimum parking table of Section 22-56, the design professional may recommend the application of alternative parking standards from established professional organizations such as the Institute of Traffic Engineers (ITE) to calculate the minimum required number of parking spaces. The Planning Director, in consultation with the Dare County Fire Marshal and the Dare County Building Inspector, shall review the maximum occupancy rating and parking ratios recommended by the design professional and shall indicate
Other standards for indoor and outdoor recreation uses (Cont’d)
agreement or disagreement with the design professional’s recommendation. Additional calculations or documentation may be requested by Dare County in its evaluation. Upon review of all information, the determination of the applicable parking ratio and final maximum occupancy rating shall be issued by Dare County and appropriately documented as part of the site plan review process.
   d.   Where a site is used for a combination of indoor and/or outdoor recreational uses, the total number of required parking spaces shall be based on the sum of the requirements for each use and a parking space for one use shall not be included in the designation of parking for any other use.
   e.   A 10% reduction in the total number of required parking spaces as set forth in the minimum parking table above may be authorized if the total required number exceeds fifty spaces. (Adopted 3-2-2015)
Miniature golf courses
(Adopted 3-21-11)
One and one-half parking spaces per hole plus one parking space for each two employees.
Theaters
One parking space for each three seats in the auditorium.
Funeral home
One parking space for each four seats in the chapel or parlor.
Retail uses not otherwise listed
One parking space for each two hundred square feet of floor area.
Garden Shop – onsite parking
One space for each 200 square feet of total display area.
Landscape Business
One space for each two employees plus oversize parking area for equipment based on individual needs of business as detailed at the time of Conditional Use Permit review.
Dog agility training facility
(Adopted 1-22-2013)
One parking space per each one member of the facility plus one space per each three employees.
Food Stand
(Adopted 4-15-2013)
Ten parking spaces.
Wholesale uses and warehouses
Required Parking
Wholesale uses
One parking space for each employee on the largest shift.       
Industrial uses
Two parking spaces for each three employees on the largest shift.
 
(11-20-75, art. 6, 6.01; 9-7-76, 1; 2-6-78, 1)
The following restrictions shall apply to all residential property:
Survey Required: All parking improvements shall be depicted on the survey that is submitted to secure a building permit. The survey should include dimensions of all parking improvements including spaces, turnaround and drive aisles if required; proposed surface materials, and lot coverage. An as-built survey prepared by a NC licensed surveyor depicting all required parking areas and applicable drive aisles shall be provided before release of the certificate of occupancy by the Dare County building inspector.
Construction Standards: Concrete, asphalt, turf-stone and /or paving block installed over a clay sub-base are considered impervious surfaces. Gravel, stone, grassed or sodded areas, or turf-stone and/or paving block installed over a sand sub-base shall be considered pervious surfaces.
Road Frontage: For lots with direct frontage on NC 12, SR 1217 (Colington Road), NC 345 or US 64, sufficient maneuvering area of not less than 10’ x 10’ shall be provided on site to avoid vehicles backing into the public right-of-way of these roadways. This area shall be depicted on the survey submitted to secure the building permit. For structures with five (5) or less authorized bedrooms or bedroom equivalents, this maneuvering area may be of a pervious surface. For structures with 6 or more authorized bedroom or bedroom equivalents, this maneuvering area shall be of an impervious surface. Acceptable pervious surfaces include gravel, grass or similar surfaces that allow for safe vehicular movement.
Flag Lots: Flag lot configurations shall provide access along the elongated or pole portion of the lot with a minimum of 12’ width. This access area shall be improved with gravel, stone, rock, marl, clay, turf-stone, or other surface that will accommodate access by emergency service vehicles.
CAMA Exemption: For those properties located within a CAMA ocean hazard AEC that restricts the use of impervious surfaces, the Dare County requirement for impervious parking and/or drive aisles may be waived. However, this area shall still be designated as lot coverage. (Adopted by the DCBC on April 7, 2003)

SECTION 22-57 - OFF-STREET LOADING

   Where off-street loading is required under the dimensional requirements of a particular district, one or more loading berths or other spaces shall be provided for standing, loading and unloading operations, either inside or outside a building and on the same or adjoining premises with every building or structure erected after November 6, 1975 all to be in accordance with the requirements of the following table. A loading berth shall have minimum plan dimensions of twelve by twenty-five feet and a fourteen-foot overhead clearance. A loading space need not necessarily be a full berth but shall be sufficient to allow normal loading and unloading operations of a kind and magnitude appropriate to the property served thereby. The Planning Director shall determine the sufficiency of loading space, but in
no case shall the use of such space hinder the free movement of vehicles and pedestrians over a street, sidewalk, or alley. Minimum requirements shall be as follows:
Use
Space Requirement
 
Use
Space Requirement
 
Retail operations, including restaurant and dining facilities within hotels and office buildings, with a total usable floor area of twenty thousand square
Feet or more devoted to that purpose.
One loading berth for every twenty thousand square feet of floor area.
 
Retail operations, and all first floor non-residential uses, with gross floor area of less than twenty thousand square feet, and all wholesale and light industrial operations with a gross floor
area of less than ten thousand square feet.
A loading space (not necessarily a full berth).
 
Office buildings and hotels, with a total usable area of one hundred thousand square feet or more devoted to such purposes.
 
One loading berth for every one hundred thousand square feet of floor area.
 
Industrial and wholesale operations with a gross floor area of ten thousand square feet or over and as follows:
 
   Ten thousand to forty thousand square feet
One
 
   Forty thousand to one hundred thousand square feet
Two
 
   One hundred sixty thousand to two hundred forty thousand square feet
Four
 
   Two hundred forty thousand to three hundred twenty thousand square feet.
Five
   Three hundred twenty thousand to four hundred thousand square feet
Six
   Each ninety thousand square feet above four hundred thousand square feet.
One
 
 
(11-20-75, art. 6, 6.01)