(Ord. 16-19, passed 6-27-18; Am. Ord. 17-21, passed 5-27-20; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-5, passed 1-10-22)

(Ord. 16-23, passed 1-14-19; Am. Ord. 17-21, passed 5-27-20; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-5, passed 1-10-22; Am. Ord. 19-12, passed 7-11-22)

   (A)   All bed and breakfasts shall be subject to the following requirements:

      (1)   The rental of a dwelling room in the bed and breakfast shall be on a daily or weekly basis to tourists, vacationers or similar transients;

      (2)   The rental period for such tourists, transients or vacationers shall not exceed seven consecutive days;

      (3)   If meals are provided, such meals shall be limited to breakfast only and such meals shall not be provided except to registered guests of the bed and breakfast;

      (4)   There shall be no in-room kitchen facilities or other kitchen-type appliances in the rented dwelling room;

      (5)   The total rented dwelling rooms in the bed and breakfast shall not exceed three rooms and the total occupancy, including the owner and/or employee, shall not exceed eight persons;

      (6)   The bed and breakfast operation shall be conducted by persons who own and reside within the dwelling unit with the assistance of not more than the equivalent of one full-time employee. The employee or resident who operates the bed and breakfast shall be on-site at all times when there are guests upon the premises;

      (7)   Prior to the issuance of such permit, all adjoining property owners shall be notified of the property owner’s intent to use the dwelling as a bed and breakfast and such adjoining property owners shall be given the opportunity to be heard at the Planning Board meeting where the property owner’s request to use the dwelling as a bed and breakfast is reviewed;

      (8)   No dwelling may be used as a bed and breakfast without the issuance of a permit from the Dare County Health Department and in no event shall a bed and breakfast be operated on a lot which is smaller than 7,500 square feet;

      (9)   Parking shall be provided at the rate of one parking place for each dwelling room rented, plus one additional space;

      (10)   No signs shall be allowed upon the premises;

      (11)   The principal use of such dwelling is residential and any substantial modifications to the exterior appearance of the dwelling shall be subject to architectural review by the Planning Board in order to determine and to ensure that the exterior architecture of the dwelling shall remain in harmony with the architecture of the surrounding property. No expansion of existing dwellings to accommodate bed and breakfasts is permitted;

      (12)   The use of the dwelling as a bed and breakfast shall comply with all applicable health, sanitation and fire regulations;

      (13)   Prior to the use of a dwelling as a bed and breakfast, the owner shall obtain a permit from the town to operate the dwelling as a bed and breakfast. The Planning Board shall review the application and site plan and make a recommendation to the Board of Commissioners concerning its approval;

      (14)   The town shall issue a permit if all of the requirements of this chapter and other applicable provisions of the town code have been met. The permit shall remain in effect for a period of one year and may be revoked if a violation of this chapter is found or if the bed and breakfast is operated in such a manner as to constitute a public nuisance. The town’s Building Inspector shall renew the permit each year upon request, unless it is determined that the use of the dwelling is not in compliance with this chapter;

   (B)   Home occupations, as defined herein;

   (C)   Town-owned and leased facilities; and

   (D)   Rooming houses, boarding houses.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 05-12, passed 8-8-05; Am. Ord. 18-4, passed 6-14-21)

         (a)   Multi-family development may be authorized as allowed in this chapter following review by the Planning Board and approval as a special use by the Board of Commissioners.

         (b)   Multi-family development dwellings of five or more units per building may include the following accessory uses designed for residents and guests of the PUD:

            1.   Retail shops, restaurants, clinics, nursing care and daycare facilities. These accessory uses will offer goods and services designed exclusively to meet requirements of occupants and guests for which such establishment is located. There shall be no signs or evidence of such establishment outside the limits of the development. The aggregate maximum square footage of the accessory commercial use structures listed above shall be limited to 5% of the total site area. Occupancy of the commercial use structures shall be in conjunction with completion of the first 50 units or as otherwise approved by the Board of Commissioners.

            2.   On-site accessory uses or buildings to multi-family development dwellings;

            3.   Playgrounds;

            4.   Club houses with assembly areas;

            5.   Swimming pools and tennis courts;

            6.   Town-owned and leased facilities.

      (1)   One-third of the structures may have four levels of living space with an aggregate living space height not to exceed 43 feet measured to the top plate, and a total building height not to exceed 55 feet, to accommodate various architectural roof designs, with no additional living space. In addition, no more than 50% of the number of units may be located in these four-story buildings.

      (2)   The remaining structures shall have no more than three levels of living space, with an aggregate living space not to exceed 35 feet, and a total building height not to exceed 50 feet, to accommodate various architectural roof designs, with no additional living space.

            1.   Twelve units per acre may be permitted provided 30% of the total site is maintained as open space. The following conditions shall apply to the required 30% open space:

               a.   Ten percent upland natural vegetation shall be maintained (natural vegetation is encouraged between uses);

               b.   Minimum of 15% common public spaces including walking and jogging trails and other passive recreational activities;

               c.   The remaining 5% can include wetlands calculated into total site area.

            2.   Fourteen units per acre may be permitted provided 40% of the total site is maintained as open space. The following conditions shall apply to the required 40% open space:

               a.   Fifteen percent upland natural vegetation shall be maintained (encouraged between uses);

               b.   Minimum of 20% common public spaces including walking and jogging trails and other passive recreational activities;

               c.   The remaining 5% can include wetlands calculated into total site area.

            1.   If the lot is composed of less than 25% of its total area in wetland soils, then 75% of that area classified as wetlands may be used in calculating density.

            2.   If the lot has between 25% to 50% of its total area in soils classified as wetlands, then 50% of that area classified as wetlands may be used in calculating density.

            3.   If the lot has between 50% and 75% of its total area in soils classified as wetlands, then 25% of that area classified as wetlands may be used in calculating density.

            4.   If the lot has 75% or more of its total area classified as wetlands, none of that area classified as wetlands can be used in calculating density.

         (a)   Maximum allowable lot coverage by principal use, all accessory structures, vehicular area and parking–50%.

         (b)   Formula for lot coverage calculation when wetland soils are a portion of any lot. Soils classified as wetlands shall be factored into lot coverage calculations based on the following schedule:

            1.   If the lot is composed of less than 25% of its total area in wetland soils, then 75% of that area classified as wetlands may be used in calculating lot coverage.

            2.   If the lot has between 25% to 50% of its total area in soils classified as wetlands, then 50% of that area classified as wetlands may be used in calculating lot coverage.

            3.   If the lot has between 50% and 75% of its total area in soils classified as wetlands, then 25% of that area classified as wetlands may be used in calculating lot coverage.

            4.   If the lot has 75% or more of its total area classified as wetlands, none of that area classified as wetlands can be used in calculating lot coverage.

         (c)   Lot coverage within an estuarine area of environmental concern (AEC), as defined by the Coastal Area Management Act (CAMA), shall be limited to 20% and a minimum setback from the estuarine waters shall be 50 feet. (Exceptions: boardwalks, gazebos, and other pedestrian access structures shall be permitted within the 50-foot setback but must be in accordance with CAMA regulations.)

         (a)   The minimum side yard shall be ten feet. For any structure over 35 feet in total building height, there shall be two feet of side yard setback for each foot of building height over 35 feet in addition to the minimum side yard setback.

         (a)   The minimum rear yard setback requirements on any lot shall be 20% of the total depth of the lot, but shall not exceed 30 feet from the rear property line.

         (b)   Detached garages and accessory buildings may be built in rear yards; however, any such building shall be erected so as to provide a distance of not less than eight feet from the main building to the garage or accessory building and be not less than five feet from any lot line.

         (a)   The minimum required setback for a PUD which abuts any residential use, zone or right-of-way shall be 30 feet or required side yard setback whichever is greater.

         (b)   The following exception will be allowed: Accessory uses for single- family detached dwellings shall maintain a minimum setback of 15 feet from a residential use, zone or right-of-way. Accessory uses shall provide a privacy fence no less than six feet in height in addition to buffering requirements.

            1.   Sign overall dimensions including architectural features shall not exceed 99 square feet with overall dimensional rectangle not to exceed nine feet in height by 11 feet in width.

            2.   Sign shall include architectural features consistent with the general "theme" architecture of the project. Architectural features shall be included in overall dimensions.

            3.   Sign shall be located at or near the PUD entrance at a location which will not interfere with site distance triangles.

            4.   Actual lettering surface of the sign shall not exceed 40 square feet per side and shall be contained within a geometric rectangle not to exceed eight feet in width by five feet in height.

            1.   Sign overall dimensions including architectural features shall not exceed 45 square feet with overall dimensional rectangle not to exceed nine feet in height by five feet in width.

            2.   Sign shall include architectural feature consistent with the project master sign and consistent with the general theme architecture of the individual villages or sections. Architectural features shall be included in overall dimensions.

            3.   Signs shall be located at or near the PUD village or section entrances at a location which will not interfere with the site distance triangles.

            4.   Actual lettering surface of the sign shall not exceed 24 square feet per side and shall be contained within a geometric rectangle not to exceed six feet in width by four feet in height.

         (a)   Signs located within a town right-of-way shall be placed within the divided roadway, curbed landscape island or grass median.

         (b)   Signs must be owned and maintained by the PUD homeowners association.

         (c)   The town reserves the right to remove the signage at the owner's expense if the sign or surrounding landscaped area becomes a public nuisance or creates an unsafe condition.

         (d)   Signs within a town right-of-way must be located within 100 feet of the property line of the PUD with prior approval by town staff.

         (a)   A project master sign shall be illuminated with no more than three low-wattage (75 watt or less) external spotlights, directed towards the sign face, on each side of the sign.

         (b)   A project village sign shall be illuminated with no more than two low-wattage (75 or less) external spotlights, directed towards the sign face, on each side of the sign.

         (c)   Lighting shall be shielded so as to prevent a direct view of the light from a residence or street.

      (1)   Chimneys and elevator towers are exempt from height restrictions.

      (2)   Architectural appearance shall be consistent with § 153.186, Commercial Building Exteriors.

(Ord. 01-11, passed 11-14-01; Am. Ord. 04-10, passed 5-26-04; Am. Ord. 04-14, passed 9-13-04; Am. Ord. 04-23, passed 12-13-04; Am. Ord. 06-03, passed 2-22-06; Am. Ord. 06-10, passed 5-24-06; Am. Ord. 06-11, passed 5-24-06; Am. Ord. 07-06, passed 4-25-07; Am. Ord. 07-13, passed 8-13-07; Am. Ord. 18-4, passed 6-14-21)

   Internet and/or electronic gaming machines or devices may be permitted as an accessory business use in the specified zoning districts of the town according to the following conditions:

   (A)   Internet and/or electronic gaming machines shall be located within the same building as the principal business use. The area in which internet and/or electronic gaming machines are located shall be accessed through the same means of ingress-egress as the principal use business.

   (B)   The maximum number of internet and/or electronic gaming machines shall not exceed two (2) machines.

   (C)   For multi-unit/multi-tenant commercial sites where more than one unit is located within one large commercial structure, the cumulative total of machines shall not exceed two internet and/or 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 internet and/or electronic gaming machines.

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

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

   (F)   The placement of internet and/or electronic gaming machines as an accessory use within a principal business use shall be subject to review and approval by the town. A copy of the floor plan and site plan of the principal business use depicting the area where the internet and/or electronic gaming machines/device will be located shall be submitted to the Planning Department for approval. Applications for internet and/or electronic gaming machines shall be submitted at the time the floor plan for the accessory use is submitted to the Planning Department.

   (G)   Off-street parking shall be provided at a ratio of one 10' x 20' space for each internet and/or 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 Department for approval.

   (H)   Any internet and/or electronic gaming operation shall not be 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 internet and/or electronic gaming machines as an accessory. 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.

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

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

   (K)   Any internet and/or electronic gaming operations that existed in the town before November 14, 2012 shall be submitted for review according to the conditions of this section and will be granted 24 months from November 14, 2012 in which to bring their internet and/or electronic gaming operations into compliance with these regulations.

(Ord. 12-22, passed 11-14-12; Am. Ord. 18-4, passed 6-14-21)

      (7)   ADUs shall be parked in accordance with § 153.076 Off Street Parking and Loading.

      (10)   An ADU in Low Density Residential and High Density Residential Zoning Districts shall only be occupied for long-term occupancy as defined in § 153.002. Property owners shall be required to execute and record, with the Dare County Register of Deeds, a long-term use agreement declaring that the dwelling unit shall be used only for long-term occupancy in perpetuity prior to issuance of a building permit.

(Ord. 17-28, passed 3-8-21; Am. Ord. 18-4, passed 6-14-21; Am. Ord. 19-18, passed 4-26-23)