(a)

The B-4 westside waterfront district is established to provide for the orderly growth and development of those areas located west of the corporate limits that may request voluntary annexation in accordance with the Westside Plan adopted by the Board of Commissioners in 2005. This zone also requires public access and parks overlooking Croatan Sound. The Westside Plan calls for the extension of Vicar's Lane westerly and northerly to its intersection with Burnside Road. It calls for the extension of Bowsertown Road, Fernando Street, as well as other connectors to existing streets to improve traffic flow. West of Vicar's Lane to the edge of the marsh is intended to be zoned B-4. The B-4 zone provides a public boardwalk and public park with mixed-use residential above commercial, restaurants, and multi-family uses. The B-4 zone has higher density than the adjoining R-2 zone which is on the eastern side of the extension of Vicar's Lane running parallel to the highland that adjoins the marsh.

All proposed development in the B-4, westside waterfront 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 "Downtown Waterfront." Where differences occur over interpretation of uses and requirements set forth in the zoning regulations, the plan shall be used as a guide for resolving the conflicting points of view.

(b)

All proposed development in the B-4 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-4 zone for the physical development of the area; and

(4)

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

(5)

Comply with all other regulations contained in this ordinance.

(c)

In addition to the above mentioned guidelines, the town shall place the following requirements on all properties to be annexed into the town:

(1)

The applicant must agree to and abide by the adopted master plan, build and furnish a 12-foot-wide boardwalk (consistent with other town boardwalks) on the border of the marsh and highland. There shall be a deed of easement from the property owner to the town for public use in perpetuity and also stipulating that the boardwalk shall be maintained by the developer, assigns or successors.

(2)

The applicant must provide a deed of easement for the 50-foot-wide public park immediately adjacent to the boardwalk for public use in perpetuity; and

(3)

Provide a 36-foot right-of-way for the extension of Viccars Lane in accordance with the Westside Plan.

(Ord. of 9-14-2005, § 10.1)

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.

(c)

Minimum side yard: Ten 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 the designated public park, no setback is required.

(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: Commercial construction 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.

(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 of Manteo encourages year around residential dwelling units above commercial uses in its B-4 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.

(d)

Minimum side yard: Ten 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 the designated public park, no setback is required.

(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: Mixed use residential above commercial 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. 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.

(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 20 feet, except where the rear yard is adjacent to the designated public park, no setback is required.

(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 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, § 10.2)

The following uses are permitted by right and may be approved by the zoning administrator:

(1)

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

(2)

Duplex.

(Ord. of 9-14-2005, § 10.4; Ord. of 4-4-2007(2), § 7; Ord. No. ZTA-2022-03Z, Art. III, Pt. I, 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, § 10.5)

(a)

Uses not permitted in B-4:

(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 are uses 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)

Service, such as barber and beauty shops, dry cleaners and shoe repair;

(7)

Farm, produce, seafood, and craft markets;

(8)

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

(9)

Banks without drive-in windows;

(10)

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

(11)

Colleges and universities, including associated facilities such as dormitories (suites without a cook top stove are 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;

(16)

Subdivisions; and

(17)

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

(Ord. of 9-14-2005, § 10.6; Ord. No. ZTA-21-02, Art. III(Pt. 36), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 36), adopted June 16, 2021, changed the title of § 10-5 from "Conditional uses permitted by town commissioners" to read as herein set out.