(a)

Intent. In order to address suburban sprawl and achieve sustainable development which incorporates a mix of uses at a village pedestrian scale and which strengthens the environmental, social, and economic fabric of our historic town, the Board of Commissioners adopts the following zoning regulations for the primary entrances to Manteo. The area to be zoned B-3 is that area south of the contiguous incorporated limits along Highway 64 just south of the town limits as of December 1, 2002, and running south to the Virginia Dare Memorial Bridge road at Route 64/264 Midway; as well as the area immediately north of the northern corporate limits.

These regulations are designed to encourage historic tourism and to provide an appropriate entrance to the 100-year old town as well as to Roanoke Island Festival Park, the North Carolina Maritime Museum on Roanoke Island, the North Carolina Aquarium, Fort Raleigh National Park, the Lost Colony, and the Elizabethan Gardens.

The B-3 zone is established to allow traditional commercial activity together with year around residential opportunities in the areas that are the entranceways to the town. It is intended to create a village-like atmosphere of "welcome" while preserving an aesthetic quality appropriate to a small town. Stormwater runoff shall be managed on site and shall be prohibited from entering public trust waters. Engineered stormwater plans shall be required.

Single-family residential subdivisions are allowed. To promote compatibility with other zones, new construction and additions shall conform to design guidelines in the Manteo Way of Building. New subdivisions should be platted on the Manteo street grid and require connectivity with adjoining properties and existing neighborhoods to promote better traffic circulation. Single-family lots shall have a minimum of 7,500 square feet.

Multi-family uses are allowed to achieve diversity in housing types. Maximum density shall not exceed six dwelling units for each buildable acre.

The limitation of buildings to 20,000 square feet or less shall promote a vital, thriving, and locally based service and retail economy.

Running down the center of this district is the Roanoke Voyages Corridor, comprising US 64 Business. A tree-lined streetscape with vegetated buffers between residential and commercial uses sets the tone of a busy, yet pleasant experience for people as they walk, drive, or ride bicycles in the district. To enhance the streetscape, buildings rather than parking lots should be placed in proximity to the corridor, in accordance with the Comprehensive Development Code. Pedestrian and bicycle travel is encouraged, as well as other transportation options to reduce vehicular traffic. Curb cuts along the corridor shall be kept to a minimum, shared by properties, or eliminated wherever possible, to reduce the number of traffic conflict points. Lighting shall be kept to the lowest possible candlepower to avoid light pollution, while maintaining a pleasant and safe nighttime experience.

All proposed development in the B-3, general business district shall be consistent with the principles stated in the Town of Manteo Plan Update and the adopted design guidelines entitled Design Guidelines: The Manteo Way of Building, particularly "Everyday Town Center." Where differences occur over interpretation of uses and requirements set forth in the zoning regulations, the companion documents in the Comprehensive Development Code shall be used as a guide for resolving conflicting points of view. Where town jurisdiction overlaps with that of the Roanoke Voyages Corridor Committee, site review of landscaping, signs, curb cuts, and utilities shall be coordinated between the two jurisdictions, with the more stringent regulations of the two being applicable.

(b)

All proposed development in the B-3 zone shall:

(1)

Maintain or enhance the public health, safety and welfare;

(2)

Maintain or enhance the value of adjacent property or be a public necessity;

(3)

Comply with the general intent of the B-3 zone for the physical development of the area;

(4)

Contribute architecturally to the traditional village-like atmosphere of the historic town; and

(5)

Comply with all other regulations contained in this ordinance.

(Ord. of 9-14-2005, § 9.1)

Commercial uses:

(a)

Minimum lot size: Commercial lots shall be of sufficient size to provide adequate siting for structures and to provide off-street parking, loading, and maneuvering space for vehicles and meet all of the other requirements of this ordinance.

(b)

Minimum front yard: 15 feet. Along Highway 64/264, front yard setback is 50 feet. No parking is allowed in the front yard setback.

(c)

Minimum side yard: 20 feet. An additional ten-foot side yard adjacent to the street is required for a corner lot.

(d)

Minimum rear yard: 20 feet, except where the rear yard is adjacent to a street right-of-way, the setback shall be 50 feet.

(e)

Maximum allowable lot coverage: 55 percent. All lot coverage calculations must exclude all areas identified by C.A.M.A. as Coastal Wetlands and all areas identified as wetlands by the U.S. Army Corps of Engineers.

(f)

Height limitation: 36 feet to the top plate of the highest habitable space, not to exceed three habitable floors.

(g)

A sidewalk at least five feet wide is required for all uses. Sidewalks as wide as ten feet may be required for high use areas.

(h)

Maximum square footage: Shall not exceed 20,000 square feet of total building area (this does not include schools, churches, or government buildings), whether on one floor or multiple floors, including porches, decks, and accessory uses under one roof. Separate buildings may not be connected when the total square footage of the connected structures exceeds 20,000 square feet.

Separate

buildings shall be separated by at least 20 feet. However, by four-fifths majority of both the planning and zoning and the Board of Commissioners a ground level one story open covered walkway may be approved.

(i)

In addition, an opaque screen buffer must be provided where a commercial use or zone abuts a residential use or zone. Site improvements shall include plantings visible from the primary street and the addition of one two-inch caliper live oak (Quercus Virginiana) for every 1,000 square feet of enclosed structure.

Mixed-use residential above commercial:

The town encourages year around residential dwelling units above commercial uses in its B-3 zone and offers a lot coverage bonus from 55 percent to 70 percent if for every 1,000 square feet of first floor commercial, a minimum of 500 square feet of residential dwelling units are provided on the second floor. The entire first floor shall be commercial use.

(a)

Maximum density: Shall not exceed six dwelling units per acre.

(b)

Minimum lot size: For mixed use residential above commercial, the lots shall be of sufficient size to provide adequate siting for structures and to provide off-street parking, loading, and maneuvering space for vehicles and meet all of the other requirements of this ordinance.

(c)

Minimum front yard: 15 feet. Along Highway 64/264, front yard setback is 50 feet. No parking is allowed in the front yard setback.

(d)

Minimum side yard: 20 feet. An additional ten-foot side yard adjacent to the street is required for a corner lot.

(e)

Minimum rear yard: 20 feet, except where the rear yard is adjacent to a street right-of-way, the setback shall be 50 feet.

(f)

Maximum allowable lot coverage: 55 percent but may be increased to 70 percent if for every 1,000 square feet of first floor commercial, a minimum of 500 square feet of residential dwelling units are provided on the second floor. All lot coverage calculations must exclude all areas identified by C.A.M.A. as Coastal Wetlands and all areas identified as wetlands by the U.S. Army Corps of Engineers;

(g)

Height limitation: 36 feet to the top plate of the highest habitable space, not to exceed three habitable floors.

(h)

A sidewalk at least five feet wide is required for all uses. Sidewalks as wide as ten feet may be required for high use areas.

(i)

Maximum square footage: Shall not exceed 20,000 square feet of total building area, whether on one floor or multiple floors, including porches, decks, and accessory uses, under one roof. Separate buildings may not be connected when the total square footage of the connected structures exceeds 20,000 square feet. Separate buildings shall be separated by at least 20 feet. However, by four-fifths majority of both the Planning and Zoning and the Board of Commissioners a ground level one story open covered walkway may be approved.

(j)

In addition, an opaque screen buffer must be provided where a commercial use or zone abuts a residential use or zone. Site improvements shall include plantings visible from the primary street and the addition of one two-inch caliper live oak (Quercus Virginiana) for every 1,000 square feet of enclosed structure.

Multi-family use:

(a)

Maximum density: shall not exceed six dwelling units per acre.

(b)

Minimum lot size: Multi-family use lots shall be of sufficient size to provide adequate siting for structures and to provide off-street parking, loading, and maneuvering space for vehicles and meet all of the other requirements of this ordinance.

(c)

Minimum front yard: 15 feet. Along Highway 64/264, front yard setback is 50 feet. No parking is allowed in the front yard setback.

(d)

Minimum side yard: 20 feet. An additional ten-foot side yard adjacent to the street is required for a corner lot.

(e)

Minimum rear yard: 20 feet, except where the rear yard is adjacent to a street right-of-way, the setback shall be 50 feet.

(f)

Maximum allowable lot coverage: 35 percent. All lot coverage calculations must exclude all areas identified by C.A.M.A. as Coastal Wetlands and all areas identified as wetlands by the U.S. Army Corps of Engineers;

(g)

Height limitation: 36 feet to the top plate of the highest habitable space, not to exceed three habitable floors.

(h)

A sidewalk at least five feet wide is required for all uses. Sidewalks as wide as ten feet may be required for high use areas.

(i)

Maximum square footage: Multi-family buildings shall not exceed 20,000 square feet of total building area, whether on one floor or multiple floors, including porches, decks, and accessory uses under one roof. Separate buildings may not be connected when the total square footage of the connected structures exceeds 20,000 square feet. Separate buildings shall be separated by at least 20 feet.

Single-family:

(a)

Minimum lot size: 7,500 square feet.

(b)

Minimum lot width: 50 feet, measured at the building setback line.

(c)

Minimum front yard: 15 feet. Along Highway 64/264, front yard setback is 50 feet.

(d)

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

(e)

Minimum rear yard: 20 percent of the lot depth, not to exceed 20 feet.

(f)

Maximum allowable lot coverage 30 percent except that the lot coverage may be increased by eight percent providing the increased lot coverage is in detached structures such as garages, barns, accessory dwelling units, and other customary outbuildings.

(g)

Height limitation: 36 feet to the top plate of the highest habitable space, not to exceed three habitable floors.

(h)

Maximum square footage: Not to exceed 20,000 square feet of total building area, (this does not include churches or government buildings) whether on one floor or multiple floors, including porches, decks, and accessory buildings, on any single parcel of land; except any building and its use existing on or before June 2002 shall be grandfathered and allowed to remain and/or be rebuilt at the pre-existing square footage provided the new structure meets other applicable zoning requirements. Buildings on separate parcels may not be connected when the total square footage of the connected structures exceeds 20,000 square feet.

(Ord. of 9-14-2005, § 9.2; Ord. No. 2008-3Z, 9-3-2008; Amnd. of 11-5-2008)

The following uses are permitted by right and may be approved by the code enforcement officer:

(1)

Single-family detached residence only (not including mobile homes).

(2)

Duplex.

(Ord. of 9-14-2005, § 9.3; Ord. of 4-4-2007(2), § 6; Ord. No. ZTA-2022-03Z, Art. III, Pt. IV, 9-7-2022)

The following uses are permitted by right and may be approved by the Planning and Zoning Board:

(1)

Home occupations;

(2)

Temporary structures used in connection with the construction of a permanent building or for some non-recurring purpose;

(3)

Accessory dwelling units;

(4)

Automobile parking lots, not located on a lot on which there is another principal use to which the parking is related.

(Ord. of 9-14-2005, § 9.4)

(a)

Uses not permitted in B-3:

(1)

Unless the use is listed, it is prohibited. In addition, communication towers, restaurants with drive-through service, as well as stock-designed buildings are not permitted. Internally lighted wall signs are not permitted.

(b)

The following uses are permitted by the issuance of a special use permit, subject to the requirements of this district and additional regulations and requirements imposed by the town commissioners:

(1)

Bed and breakfast establishments and tourist homes;

(2)

Hotels or inns providing overnight accommodations;

(3)

Multi-family dwelling units;

(4)

Mixed-use residential above retail;

(5)

Retail, such as antiques, books, cameras, candy, clothing, craft goods, drugs, dry goods, flowers, gifts, hobby goods, jewelry, leather goods, magazines, musical instruments, notions, souvenirs, sporting goods, and toys;

(6)

Restaurants and coffeehouses, eat-in, carry-out, or delivery service; no drive-through service.

(7)

Farm, produce, seafood, and craft markets;

(8)

Offices, including business, financial, governmental, medical and professional;

(9)

Banks with or without drive-in windows;

(10)

Assisted-living, progressive care and nursing homes (living spaces without a cook stove is not considered a dwelling unit for density);

(11)

Colleges and universities, including associated facilities such as dormitories (suites without a cook stove is not considered a dwelling unit for density), offices, buildings, athletic fields;

(12)

Churches, synagogues, and temples, including associated residential structures for religious personnel, and associated buildings;

(13)

Libraries, museums, art galleries, art centers, historic sites, and similar uses, including associated educational and instructional activities;

(14)

Post offices;

(15)

Municipal utility facilities; and

(16)

Subdivisions.

(17)

Pawnshops.

(Ord. of 9-14-2005, § 9.5; Ord. No. 2015-02Z, 3-4-2015; Ord. No. ZTA-21-02, Art. III(Pt. 35), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 35), adopted June 16, 2021, changed the title of § 9-5 from "Conditional uses permitted by town commissioners" to read as herein set out.

(a)

Refer to the Design Guidelines: The Manteo Way of Building. In addition to the requirements in the Guideline, Architectural character of the building shall conform to the following:

(1)

All structures shall have a roof pitch of at least 6:12 (porch roofs may be as low as 4:12). Facades in excess of 50 horizontal feet must have visual breaks and incorporate physical recesses and projections of roof and wall. Recesses shall extend at least four feet inward from a line drawn through the basic facade plane on the site plan. Projections shall extend at least four feet outward from a line drawn through the basic facade plane on the site plan. There shall be a recess or projection at least every 50 feet of the basic facade.

(2)

The facade shall have a combination of at least two of the following:

a.

Windows;

b.

Covered porches;

c.

Dormers;

d.

Roof tower or cupola that used on a facade visible from a street.

(3)

Other design elements may be considered for approval by the Planning and Zoning Board.

(b)

Materials. Exterior materials shall be traditional Outer Banks building materials such as horizontal siding, wood shingles, common red brick, and board and batten. All sides must be of the same material.

(c)

Pedestrian safety. Sidewalks set back from the roadway shall be required. Connections between adjoining sites, buildings, and nearby bike paths shall be required. Internal pedestrian walkways must be distinguished from vehicular surfaces through the use of special pavers, bricks, and exposed aggregate or scored concrete for pedestrian safety. A continuous pedestrian walkway shall be provided from the perimeter sidewalk to the principal customer entry. To foster pedestrian safety, parking areas may be required to be located to the side or rear of the building.

(Ord. of 9-14-2005, § 9.6)