Each application for an administrative development approval or a special use permit shall indicate the methods of potable water supply and wastewater disposal and/or treatment. Approval from the Dare County Health Department or State of North Carolina, as applicable, shall be necessary before any building permit is issued by the Dare County Building Inspector.

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

   These regulations shall apply to any property featuring natural topography that requires grading and/or modification in order to utilize the property. Before any grading, shaping, or modification of existing natural topography occurs, an on-site meeting with the Dare County Planning Department and/or Building Inspector is required to assess the topography, discuss proposed activities, and proposed stabilization methods that will be required to address remnant slopes on the property.

   (a)   Sand dunes and their existing contours shall not be damaged, destroyed, removed, or changed except as specifically exempted below:

      (1)   The area required for the construction and installation of septic or wastewater improvements as authorized by the Dare County Health Department or North Carolina Department of Environmental Health.

      (2)   Activities in conjunction with a Dare County building permit as authorized by the Dare County Building Inspector.

      (3)   Other land disturbing activities in conjunction with subdivision development or other residential or commercial development as authorized by the Dare County Planning Department, the Dare County Planning Board or the Dare County Board of Commissioners.

   (b)   For activities exempted under Section 1 a, b and/or c, the following standards shall apply:

      (1)   A site plan prepared by a NC licensed engineer or NC licensed surveyor shall be submitted depicting the existing grades and proposed grades and areas where retaining walls are needed to stabilize remnant slopes.

      (2)   A horizontal – vertical slope not to exceed 4’ to 1’ shall be maintained unless the dune-disturbing activity is intended to provide elevations that are consistent with abutting properties. Before any disturbing activities commence, silt fencing shall be placed at the bottom of slopes to prevent erosion of sediment onto adjoining properties and right of ways. Silt fencing shall remain in place until the final inspection of the property by the Dare County Planning Department. Depending on the vertical slope, temporary vegetative matting may be required to stabilize slopes until permanent stabilization measures are completed. Graded slopes shall be stabilized with retaining walls or other permanent stabilization improvements prior to issuance of the Certificate of Occupancy/Certificate of Completion by the Planning Department.

      (c)   All components of retaining walls shall be located on the subject property and shall not encroach onto adjoining lots or right-of-ways, either aboveground or subsurface.

      (d)   Sand shall not be removed from the site unless authorized by the Dare County Planning Department as part of the development activities.

      (e)   Other proposals for sand dune disturbing activities not specifically exempted in subsection (a) may be submitted for review as special uses subject to Planning Board review and Board of Commissioners approval.

      (f)   Unauthorized dune-disturbing activities shall be considered a violation of this chapter and shall be subject to a fine of $200 for each and every day the violation continues. Mitigation plans prepared by a NC licensed engineer or NC licensed surveyor shall be required for any unauthorized dune-disturbing activity.

   These standards do not apply to those sand dunes that are protected by the NC Coastal Area Management Act and subject to those State regulations.

(Am. Ord. passed 8-19-2019; Am. Ord. passed 6-21-2021)

   (a)   Electronic gaming machines or devices may be permitted as an accessory business use in the VC-2, C-1, C-2, C-2H, C-3, I-1, S-1, CS, MH-B, SP-C, MC-2 and Hwy 345 zoning districts of unincorporated Dare County according to the following conditions:

      (1)   Electronic gaming machines shall be located within same building as the principal business use. The area in which electronic gaming machines are located shall be accessed through the same means of ingress/egress as the principal use business.

      (2)   The maximum number of electronic gaming machines shall not exceed two (2) machines.

      (3)   For multiunit/multitenant commercial sites where more than one unit is located within one large commercial structure, the cumulative total of machines shall not exceed two (2) electronic gaming

machines for the entire structure. For commercial group developments, the cumulative total of machines located within all of the buildings within the commercial group development site shall not exceed two (2) electronic gaming machines.

      (4)   The hours of operation for the accessory electronic gaming operation shall be the same as hours of operation for the principal business use in which it is located.

      (5)   Public restrooms for patrons of the electronic gaming operation shall be provided within the principal business use in which it is located.

      (6)   The placement of electronic gaming machines as an accessory use within a principal business use shall be subject to review and approval by the Dare County Planning Director. A copy of the floor plan and site plan of the principal business use depicting the area where the electronic gaming machines/device will be located shall be submitted to the Planning Director for approval. A review fee of $50 for each proposed electronic gaming machine shall be submitted at the time the floor plan for the accessory use is submitted to the Planning Director.

      (7)   Off-street parking shall be provided at a ratio of one 10' x 20' space for each electronic gaming machine/device in addition to the other required parking spaces for the principal use. An up-to-date copy of a site plan prepared by a North Carolina licensed surveyor or engineer shall be submitted to the Planning Director for approval.

      (8)   Any electronic gaming operation shall be not located within a minimum of 500 feet, measured in a straight line in any direction from all property lines of the principal business use site, from any residential dwelling including mobile homes; any church, place of worship or other religious building; any child care home or facility; public or private school; public playground or park; or another principal business use that includes electronic gaming machines. The applicant shall submit an up-to-date, straight-line drawing prepared by a North Carolina registered surveyor or engineer that depicts each use that is within 500 feet of the principal business use site to demonstrate compliance with this separation standard.

      (9)   On-premise alcohol consumption is prohibited within the area dedicated as the electronic gaming operation. Signage to this effect shall be posted in a conspicuous manner to alert all users of this restriction.

      (10)   Users of the electronic gaming machines shall be at least 18 years of age. Signage to the effect shall be posted in a conspicuous manner to alert all users of this age restriction.

      (11)   Any electronic gaming operations that existed in unincorporated Dare County before August 20, 2012 shall be submitted for review according to the conditions of this section and will be granted 24 months from August 20, 2012 in which to bring their electronic gaming operations into compliance with these regulations. (Adopted 8-20-2012)

Approval procedures: A food stand listed as a "permitted" use in the applicable zoning district shall be subject to administrative approval by the Dare County Planning Department. A food stand listed as a "special" use in the applicable zoning district shall be subject to Planning Board review and Board of Commissioners approval according to the provisions of Section 22-68 of the Dare County Zoning Ordinance. A site plan depicting the location of the proposed food stand shall be provided to the Dare County Planning Department as part of the review process. Approval from the Dare County Health Department shall be obtained and proof of the Health Department approval submitted to the Planning Department.

Pre-fabricated accessory structures intended for storage purposes and constructed off-site or factory-built shall not be used as food stands.

No drive-thru window service whereby patrons are served while seated in vehicle shall be permitted at a food stand.

Nothing in these regulations shall be interpreted to apply to catering services or special event food vendors as approved by the Dare County Health Department or to emergency response feeding services offered as part of emergency response operations. (Adopted 3-19-2018; Amended 10-18-2021)

(Am. Ord. passed 6-21-2021; Am. Ord. passed 10-18-2021)

An accessory dwelling unit (ADU) may be located on a residential lot in the following zoning districts:

Hatteras Island: R-1, R-2, R-2A, R-2H, R2-AH C-2, C2-H, C-3, I-1, S-1

Colington/KDH Outside: R-1, R-2, R2-B, VC-2, C-3

Manteo Outside: R-1, RS-6, RS-8, R-2, R-3, C-3, I-1, SNC

Wanchese: WR-1, VR, BT, RB, NC MLM, WVC, MC-1, MC-2, and Highway 345

Manns Harbor: MH-A, MH-B

East Lake: ELR, ELVC, ELCS, ELNH

The following standards shall apply to all ADUs except for those districts in Wanchese and East Lake which have ADU standards included as part of the district regulations.

1.   Only one ADU may be permitted per lot in conjunction with a principal dwelling unit. The residential lot may contain other accessory structures as authorized by the applicable zoning district. The construction of an ADU on a lot does not constitute a group housing development as established in Section 22-31 of the Dare County Zoning Ordinance.

2.   An ADU may be attached to a primary dwelling unit or may be a detached separate structure. An ADU shall not exceed 50% of the floor area of the primary use structure or a maximum of 1200 square feet of heated and non-heated space unless the applicable zoning district for the lot establishes a different ADU maximum size limitation. The size limitation shall not apply if existing floor area within a primary dwelling unit is internally remodeled or existing interior space is converted for use as an ADU.

3.   Lot coverage – Lot coverage may be increased for the footprint area of an ADU but in no instance shall lot coverage exceed 38% to accommodate the construction of an ADU unless the applicable zoning district for the lot establishes a different ADU lot coverage limitation. No increase in lot coverage is authorized for those ADUs that are located within the interior of an existing structure.

   This increase in lot coverage is for the ADU structure and shall not be used for other structures or impervious coverages. If existing lot coverage of the property exceeds 38%, then reductions in lot coverage shall be made in order to accommodate the ADU.

4.   Two 10' x 20' parking spaces shall be provided on the residential lot outside of any dedicated right-of-way or access easement. Parking shall be of permable surfaces as allowed for single family dwellings in Section 22-56 of the Dare County Zoning Ordinance. The location of the ADU parking shall be approved by the Dare County Planning Department during the permit review process. Existing parking may be used if excess parking for the primary dwelling unit is available.

5.   Any ADU shall be constructed according to NC State building codes and Dare County floodplain management regulations.

6.   Recreational vehicles, travel trailers and/or manufactured homes shall not be used or approved as an ADU.

7.   An ADU shall be located on a residential lot according to the applicable principal dwelling use setbacks. An existing accessory structure may be converted to an ADU if compliance with the principal dwelling setbacks, ADU size limitation, and applicable Dare County floodplain management regulations can be met. Any ADU shall be constructed to be complaint with the building height of the applicable zoning district.

8.   Any ADU approved under these guidelines shall be used for long-term occupancy as defined in Section 22-2 of the Zoning Ordinance. Any ADU approved under these guidelines shall not be used for commercial or business activity. However, this limitation shall not prevent the ADU from being authorized as a home occupation according to the definition in Section 22-2.

9.   An ADU shall not be subdivided or segregated in ownership from the principal dwelling unit. (Adopted 10-15-2018)

The following standards shall apply to ADUs only located in the R-1 zoning districts.

1.   Any ADU constructed in the R-1, the parcel shall be accessed from a state maintained road, private road, publicly dedicated road, and/or a 20' easement. (Adopted 4-20-2022)

(Am. Ord. passed 4-20-2022)

   A workforce housing unit (WHU) is a dwelling constructed in conjunction with a commercial structure. Workforce housing units may be located on a commercial lot in the following zoning districts:

   Hatteras Island: S-1, C-2, C2-H, C-3, I-1

   Colington/KDH Outside: VC-2, C-3

   Manteo Outside: C-3, I-1, SNC

   Wanchese: RB, NC, HML, WVC, MC-1, MC-2, and Highway 345

   Manns Harbor: MH-A, MH-B

   East Lake: ELVC, ELCS

   The following standards shall apply:

   (a)   A WHU may be attached to the principal commercial structure, located within a commercial structure, or detached from the principal commercial use structure and shall be subject to administrative review by the Dare County Planning Department. More than one WHU may be located on a lot with a principal commercial use if the dimensional requirements as set forth in this section are met. If two or more WHU units are proposed for construction in addition to the principal commercial structure, than such projects shall be subject to special use review. A site plan of the proposed WHU and other existing improvements on the property shall be submitted to the Planning Department for approval according to the applicable review procedures of the Zoning Ordinance.

   (b)   Lot coverage- 60%. A WHU shall be located on a commercial lot according to the applicable principal use setbacks. A WHU shall be separated from commercial structures or other structures on the lot by fifteen feet.

   (c)   Existing on-site parking may be utilized for the WHU if only one unit is proposed. Any WHU project subject to special use review may be required to provide additional parking as determined during SUP process.

   (d)   A WHU shall be constructed according to North Carolina building code and Dare County floodplain management regulations.

   (e)   Recreational vehicles, travel trailers and/or manufactured homes shall not be used or approved as a WHU.

   (f)   An existing accessory structure may be converted to a WHU if compliance with the principal structure setbacks, separation distances, and applicable Dare County floodplain management regulations can be met. A WHU shall not exceed the building height of the applicable zoning district.

   (g)   A WHU approved under these guidelines shall be used for workforce housing and not for additional commercial or business activities.

   (h)   A WHU shall not be subdivided or segregated in ownership from the principal dwelling unit.

   (i)   A WHU shall not be used for short-term occupancy rentals during the time period of April 1 to October 31 annually. A memorandum of agreement outlining the requirements applicable to the WHU, including the short-term occupancy limitations, shall be executed by the property owner at the time of permit approval by Dare County.

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

   Educational housing projects are residential developments that provide housing opportunities for employees and students of educational facilities located in Dare County.

   (a)   Educational housing projects shall be constructed on property owned and/or leased by Dare County, the Dare County Board of Education, the UNC Coastal Studies Institute or the College of the Albemarle. Partnerships or cooperative agreements between these public agencies and with private-sector agencies or individuals may be authorized as educational housing projects.

   (b)   Educational housing projects may be located in the following zoning districts: RS-6, RS-8, R-2, R-2A, R-2B, R-2H, R2-AH, R-3, MH-A, MH-B, ELR, ELVC, SNC, C-2, C-2H, C-3, I-1, ELCS, S-1, RB, NC, WVC, HML, MC-1, MC-2, and H345. In the R-1 district, university campuses are special uses and any housing proposed for addition to a university campus will be reviewed and approved as a part of the university campus. The regulations set forth in this section shall not apply to any university campus in an R-1 zoned area.

   (c)   Educational housing projects may include single family homes, duplex structures, or multifamily structures as permitted in the applicable zoning district. Multifamily structures cannot be constructed as part of an education housing project unless the underlying zoning district permits multifamily structures.

   (d)   Density. Overall density for EHPs shall not exceed 12 units for per acre for those projects served by onsite wastewater systems and 15 units per acre for those projects connected to municipal central wastewater facilities.

   (e)   Setbacks. The setbacks of the applicable zoning districts shall apply.

   (f)   Minimum parcel size: 1 acre.

   (g)   Any building approved as part of an EHP shall not exceed the building height of the applicable zoning district.

   (h)   Parking shall be provided at a rate of one space per bedroom. A reduction of 25% of the overall parking may be applied for structures designed for occupancy by students.

   (i)   Lot coverage: 45% for EHPs served by onsite wastewater systems; 60% for EHPs connected to municipal central wastewater treatment facilities.

   (j)   EHPs shall be subject to review and approval as special use permits by the Board of Commissioners.

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

   (a)   Intent. These regulations shall apply to subdivisions platted at a reduced minimum lot size in to be used with dwelling square footage limitation. These regulations shall apply in the following zoning districts: R-2, R-2A, R-2B, R-2H, R2-AH, R-3, RS-6, RS-8, SP-2, SP-C VC-2, C-2, C-2H, C-3, 1-1, S-1, CS, ELNH, ELR, MHA, MHB, BT, RB, HML, NC, WVC, MC-1, MC-2, and Highway 345.

   (b)   Overall minimum parcel size. The overall parcel submitted for approval as a special use subdivision shall contain a minimum of three acres of area not classified as coastal wetlands by the NC Division of Coastal Management and/or freshwater wetlands under the jurisdiction of the U.S Army Corps of Engineers.

   (c)   Minimum individual lot size:

      (1)   12,500 square feet of contiguous area, exclusive of any soils classified as coastal wetlands or freshwater wetlands by the NC Division of Coastal Management and/or the US Army Corps of Engineers for a lot served by a centralized water system. The centralized water may be designed to serve the specific subdivision and installed as part of the subdivision infrastructure improvements or may be a system operated by a local government or other public agency.

      (2)   15,000 square feet of contiguous area, exclusive of any soils classified as coastal wetlands or freshwater wetlands by the NC Division of Coastal Management and/or the US Army Corps of Engineers for lots served by individual on-site private well for potable water.

   (d)   Lots platted as part of existing subdivisions shall not be grouped together to meet the three acre minimum parcel size for development as a special use subdivision.

   (e)   Use of property. One detached residential dwelling per individual lot not to exceed 1,200 square feet of heated/conditioned space. Accessory structures may be constructed on the property in conjunction with the dwelling and used for parking or storage only. Accessory structures shall not contain any heated/conditioned space in excess of the dwelling square footage limitation of 1,200 square feet of heated/conditioned space.

   (f)   Occupancy of dwellings. Any dwelling constructed as part of Section 22-58.9 shall be occupied on a long-term basis as defined in the Dare County Zoning Ordinance.

   (g)   Parking. One 10' x 20' parking space for each bedroom shall be provided on site. 50% of the required parking shall be of an impervious surface such as concrete or asphalt. Permeable or pervious concrete does not qualify as an impervious surface. Asphalt millings or “crush and run” shall not be used for residential parking.

   (h)   Review procedures. Any proposed special use subdivision shall be subject to review by the Dare County Planning Board for compliance with Chapter 153 and approval by the Dare County Board of Commissioners as a special use permit and subject to quasi-judicial proceedings. The special use permit and subdivision plat shall be recorded in the Dare County Register of Deeds. Restrictive covenants stating the conditions of approval, including the maximum dwelling size of 1,200 square feet of heated/conditioned space, shall be recorded in conjunction with the special use permit and subdivision plat.

   (i)   Road access. Any lot developed as part of a special use subdivision shall have frontage on an existing state-maintained road. If new road improvements are proposed as part of the conditional use division, the roads shall be dedicated as public roads and constructed according to the road standards of the Dare County Subdivision Ordinance. Maintenance of roads constructed as part of a special use subdivision shall be the responsibility of property owners in the division until such time that the roads are accepted into the NC State road system.

   (j)   Lot coverage. 30% of the total lot area of each individual lot.

   (k)   Setbacks. Front yard: 25 feet; Side yard: 10 feet; Corner Side yard: 15 feet; Rear yard: 20 feet shall apply to each individual lot.

   (l)   Building height. Any dwelling constructed as part of a special subdivision shall be constructed to the building height of the applicable zoning district.

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

   Portable Storage Unit Services may be offered as accessory uses to mini-storage facilities, storage warehouses, and storage/warehousing and storage centers in the following zoning districts: CS, I-1, HML, MC-2, MC-1, C-2, C-3, MH-A and S-1. Subject to the provisions of Section 22-31 Group Developments, and the following conditions:

   (c)   Portable Storage Containers located on the site of Portable Storage Container Service shall be securely anchored and in compliance with the Dare County Flood Damage Prevention Ordinance if on site for more than fourteen (14) consecutive days. Customer access to Portable Storage Containers located on the site of a Portable Storage Container Service shall be restricted to normal business hours and shall only occur in the presence of an employee of the Portable Storage Container Service.

   (a)   Intent - The intent of this section is to provide for proper location, height, and size of dish antennas so as not to impose unreasonable limitations on or prevent the reception of satellite delivered signals by receive-only antennas.

   (b)   General requirements – A building permit is required when installing or moving a dish antenna.

   (c)   Location in yards – In zoned areas, a dish antenna shall be installed in the rear and side yards only.

   (d)   Setback requirements - The setback of a dish antenna shall be measured from the center mounting post supporting the antenna.

      (1)   The minimum required setback for dish antennas from side lot lines shall be the same as for the principal building, but in no case shall any part of the antenna be located closer than 5 feet of the property line.

      (2)   The minimum required setback for dish antennas from the rear lot line shall be 10 feet, but in no case shall any part of the antenna be located closer than 5 feet to the property line.

   (e)   Maximum height requirements - The following height restrictions shall apply: 

      (1)   In residential districts and in areas zoned S-1, the maximum height of a dish antenna installed on the ground shall be 15 feet. If installed on the roof, the dish shall not be larger than 4 feet in diameter; shall not project higher than 5 feet above the actual height of the building; and shall be set back from the front and sides of the building at least 10 feet.

      (2)   In the SED-1 zoning district, dish antennas shall be roof-mounted only and shall meet the standards listed above for residential and S-1 districts.

      (3)   In commercial districts, the maximum height of dish antennas on the ground shall be 20 feet. If installed on the roof, the dish shall not be larger than 12 feet in diameter; shall not project higher than 10 feet above the actual height of the building; and shall be set back from the front and sides of the building at least 15 feet. Dish antennas may be placed on a communications tower and/or water tower. Commercial dish antennas shall not be used for any advertising purposes.

   (f)   The standards for this section shall apply to all dish antennas installed after November 21, 1994. All dish antennas existing prior to November 21, 1994 shall be considered pre-existing and are exempt from these regulations.

Outdoor lighting for yards, signs, advertising structures, parking lots and other areas must be oriented or shielded so that the light and glare reflects away from streets and adjacent property. (11-20-75, art. 6, 6.05)

For the purpose of this ordinance, major recreational equipment is defined as including boats and boat trailers, pickup campers or coaches, designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, and cases or boxes used for

transporting recreational equipment whether occupied by such equipment or not. Major recreational equipment parked or stored on residential premises or in any location other than approved travel trailer park shall not be for living, sleeping or housekeeping purposes. (11-20-75, art. 6, 6.06)

Due to the limited amount of land available within the zoned areas of the county for major thoroughfare rights-of-way and the traffic hazard involved in frequent entrances and exists from a major thoroughfare, it is the intent of this chapter to keep driveways and street intersections along U.S. Highway158 Bypass, U.S. Highway 64 and U.S. Highway 264 to the minimum possible. In any district established by this chapter where a lot abutting U.S. Highway 264 also abuts any other Highways dedicated public right-of-way, such right-of-way shall be used for access rather than the U.S. Highway. (2-6-78, 4.)

   (a)   Any land proposed for development which is located, wholly or partially, in a special flood hazard area as designated on the Flood Insurance Rate Map for Dare County shall include the following certificate on the site plan that is submitted for approval by the Dare County Planning Director:

   “This property, or portions of this property, is located within a special flood hazard area as designated on the Flood Insurance Rate Map for Dare County. Location in a special flood hazard area represents a one percent (1%) or greater chance of being flooded in any given year. Flood insurance may be required by lending institutions for structures constructed on property located in special flood hazard areas.”

   (b)   Any land proposed for development which is located, wholly or partially, in a Coastal Outer Barrier Resources Areas as determined by the U.S. Fish and Wildlife Service, the following certificate shall be included on the final plat submitted for approval by Dare County Planning Director:

   “This property, or portions of this property, is located within a Coastal Outer Barrier Resources Act (CBRA) zone as determined by the U.S. Fish and Wildlife Service. Location in a CBRA zone precludes the availability of federally-insured loans and the purchase of federal flood insurance through the National Flood Insurance Program.” (Adopted 1-20-2015)

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