(a)

Intent. The R-5, historic residential district is established to provide for permanent single-family residential neighborhoods in areas where the level of municipal facilities is very high. The intent is to provide for the preservation and rehabilitation of existing structures while encouraging in-fill in the vernacular architectural style of the old town through compliance with the Manteo Way of Building. All proposed development in the R-5 zone shall be consistent with the principles stated in the Town of Manteo Plan Update. There shall be no multifamily uses. Accessory dwelling units on single-family lots are permitted.

The limitation of buildings to 10,000 square feet or less (this does not include schools, churches, or government buildings) shall promote a vital, thriving, and locally based service and retail economy. Lighting shall be kept to the lowest possible candlepower to avoid light pollution, while maintaining a pleasant and safe nighttime experience. 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.

(b)

All proposed development in the R-5 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 R-5 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, § 6.1; Ord. No. 2024-05ZTA, § Art. III(Pt. I), 6-26-2024)

Single family uses.

(a)

Minimum lot size. 7,500 square feet for new lots.

(b)

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

(c)

Minimum front yard. 15 feet.

(d)

Minimum side yard. Eight feet. An additional seven-foot side yard adjacent to the street is required for a comer lot.

(e)

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

(f)

Maximum allowable lot coverage. 35 percent except that the lot coverage may be increased by five percent as an incentive 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 10,000 square feet of total building area (this does not include schools, colleges, 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. However, by a four-fifths majority vote of both the Planning and Zoning Board and the Board of Commissioners a ground level one story open covered walkway may be approved.

Government, religious and instructional uses.

(a)

Minimum lot size. Government, religious and instructional 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 article.

(b)

Minimum front yard. 15 feet.

(c)

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

(d)

Minimum rear yard. 20 feet.

(e)

Maximum allowable lot coverage. 55 percent or such greater lot coverage as the Board of Commissioners determines meets the standards of section 6-1(b). 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.

(Ord. of 9-14-2005, § 6.2; Ord. No. 2024-05ZTA, § Art. III(Pt. I), 6-26-2024)

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

(1)

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

(Ord. of 9-14-2005, § 6.3; Ord. of 4-4-2007(2), § 3)

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; and

(4)

Multi-family dwelling units, permitted at time of passage of ordinance (Nov. 19, 2005), as large, as tall, as dense as existing.

(Ord. of 9-14-2005, § 6.4; Ord. No. 2005-Z-1, 10-19-2005)

The following are uses that may be 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, tourist homes;

(2)

Municipal utility facilities;

(3)

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

(4)

On waterfront lots, traditional waterman related occupations;

(5)

Subdivisions;

(6)

Cemeteries;

(7)

Elementary, middle, and high schools, including associated grounds and athletic and other facilities;

(8)

Colleges and universities, including associated facilities such as offices, buildings, athletic fields; and

(9)

Governmental buildings including associated facilities such as offices and buildings.

(Ord. of 9-14-2005, § 6.5; Ord. No. ZTA-21-02, Art. III(Pt. 32), 6-16-2021; Ord. No. 2024-05ZTA, § Art. III(Pt. I), 6-26-2024)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 32), adopted June 16, 2021, changed the title of § 6-5 from "Conditional uses permitted by town commissioners" to read as herein set out.