(a)

Intent. The RS-1 district is established to provide for the low-density development of single-family detached dwellings in an environment which preserves sand dunes, coastal forests, wetlands, and other unique natural features of the coastal area. The district is intended to promote stable, permanent neighborhoods characterized by low vehicular traffic flows, abundant open space, and low impact of development on the natural environment and adjacent land uses. In order to meet this intent, the density of population in the district is managed by establishment of minimum lot sizes, building setback and height limits, parking regulations and maximum occupancy limits for single-family residences used as vacation cottages.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Detached single-family dwelling and vacation cottages provided that such residential structure shall not be: (i) advertised to accommodate, designed for, constructed for or actually occupied by more than 14 overnight occupants when used as a vacation cottage; or (ii) have a maximum septic capacity sufficient to serve more than 14 overnight occupants.

(2)

Customary accessory buildings and structures including, but not limited to, swimming pools, tennis courts, and garages, provided no dwelling unit is located in the accessory structure. Accessory beach access walks, ramps, and steps shall not exceed four feet in width. Accessory ocean dune platforms shall not exceed 200 square feet.

(3)

Home occupations and home based businesses as regulated in article VIII of this chapter.

(4)

Town-owned or leased facilities.

(5)

Piers and docks, only when accessory to a building for which a building permit has been obtained.

a.

Piers and docks must be permitted by all applicable local, state, and federal agencies having jurisdiction.

b.

The activity associated with the pier or dock must be permitted by the zoning district where the pier or dock is anchored.

c.

No such permitted dock or pier shall extend into adjacent waters more than 75 feet from an estuarine bulkhead, mean high waterline, or a line connecting the outermost limits of the coastal wetlands on either side of the proposed structure, whichever is nearest the channel.

d.

Only one pier or dock is permitted per building site.

(6)

Estuarine bulkheads must be permitted by all applicable local, state, and federal agencies having jurisdiction.

(7)

Community beach access including ocean dune platforms, and associated seating areas, walks, ramps and stairs. Such community beach access may be up to six feet in width and must be permitted by all applicable local, state, and federal agencies having jurisdiction.

(8)

Collocations and eligible facilities requests in compliance with section 36-175(c).

(c)

Special uses permitted. The following uses are permitted, subject to the requirements of this district and such additional regulations and requirements as may be imposed by the town council, as provided in article X of this chapter:

(1)

Community recreation facilities, including boat launching areas, tennis courts, community centers, libraries, picnic areas, bathing beaches, and concessions integral thereto, provided that there is no open commercial activity, and no sign other than a directional sign is allowed.

(2)

Fire stations.

(3)

Governmental emergency medical evacuation facilities.

(4)

Child day care, small home.

(5)

Swimming lessons, subject to all applicable state and local regulations, training, experience and licensing requirements for swimming pools, swimming lessons, lifeguards and swimming instructors shall be met.

a.

No swimming lesson shall be conducted earlier than 8:00 a.m. nor later than 6:00 p.m.

b.

Any need for additional parking generated by the conduct of swimming lessons shall be met by off-street parking.

(6)

Wireless telecommunications sites in compliance with section 36-175.

(7)

Wind generation facility, in compliance with the requirements of section 36-176.

(d)

Dimensional requirements.

(1)

Minimum lot size: 20,000 square feet.

(2)

Minimum lot width for lots created after June 6, 2023: 100 feet (measured from the front lot line at right angles to the rear lot line).

(3)

Minimum front yard (setback): 25 feet.

(4)

Minimum side yard (setback).

a.

Minimum side yard setback shall be 15 feet;

b.

An additional five-foot side yard adjacent to the street is required for a corner lot;

c.

Minimum side yard setback shall be 15 feet for swimming pools.

(5)

Minimum rear yard (setback): 25 feet.

(6)

Maximum allowable lot coverage.

a.

Maximum allowable lot coverage shall be 30 percent, except for town-owned facilities and fire stations;

b.

Maximum allowable lot coverage shall be 85 percent for town-owned facilities and fire stations.

c.

Gravel walkways shall not contribute to lot coverage.

d.

Open-slatted decks that allow water to penetrate through to pervious material, not exceeding a total of 25 percent of the total footprint area of a permitted single-family dwelling on the same lot, shall not contribute to lot coverage.

e.

Those allowances and/or exemptions listed in sub-section d. of this paragraph (6) shall be available only upon presentation of a survey with all applicable requirements including plan certification, for a lot disturbance and stormwater management permit as described in section 36-171(3) of the Town Code of Ordinances.

In the case of an oceanfront lot, only that area landward of the first line of stable natural vegetation (as defined by CAMA) shall be used for calculating lot coverage.

(7)

Height.

a.

Maximum building height shall be 35 feet, measured from the average of the existing, undisturbed grade at the building corners. If the average of the existing, undisturbed grade at the corners of the building is less than eight feet above mean sea level, the maximum building height may be measured from up to eight feet above mean sea level.

c.

For properties that are in a VE flood zone, maximum building height shall be 35 feet measured from the average of the corners of original grade (fill is regulated by FEMA).

(8)

Maximum size of single-family dwelling: single-family dwellings shall not exceed 6,000 square feet of enclosed living space.

(Code 1988, § 11-7.01; Ord. No. 01-10-016, pt. II, 10-2-2001; Ord. No. 02-06-019, pt. I, 6-25-2002; Ord. No. 05-08-02, art. V, 11-1-2005; Ord. No. 06-05-01, art. III, § 1, 6-6-2006; Ord. No. 2007-05-01, art. IV, 6-5-2007; Ord. No. 2009-08-01, pt. I, 1-5-2010; Ord. No. 2011-04-01, art. III, pt. III, 4-5-2011; Ord. No. 2014-04-02, art. III, pt. I, 4-1-2014; Ord. No. 2016-01-04, art. III, pt. 2, 1-22-2016; Ord. No. 2017-09-01, art. III, pt. I, 9-5-2017; Ord. No. 2017-12-02, art. III, pt. II, 12-5-2017; Ord. No. 2018-09-01, art. III, pt. I, 9-5-2018; Ord. No. 2019-05-02, art. III, pt. 2., 5-7-2019; Ord. No. 2019-11-01, art. III, pt. III, 11-6-2019; Ord. No. 2021-05-03, art. III, pt. I, 5-4-2021; Ord. No. 2022-01-02, art. III, pt. I, 1-4-2022; Ord. No. 2022-04-01, art. III, pt. I, 4-5-2022; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2023-06-03, art. III, pt. II, 6-6-2023)

(a)

Intent. The RS-8 district is established as an area in which the principal use of the land is for high-density residential purposes not to exceed eight dwelling units per net acre. This district also provides for the development of less intensive residential uses as well as for compatible supporting uses.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Detached single-family dwelling.

(2)

Duplexes.

(3)

Multifamily dwellings.

(4)

Customary accessory buildings including, but not limited to, swimming pools, tennis courts, and garages, provided no dwelling unit is located in the accessory structure.

(5)

Home occupations and home-based businesses as regulated in article VIII of this chapter.

(6)

Town-owned or leased facilities.

(7)

Piers and docks, only when accessory to a building for which a building permit has been obtained.

a.

Piers and docks must be permitted by all applicable local, state, and federal agencies having jurisdiction.

b.

The activity associated with the pier or dock must be permitted by the zoning district where the pier or dock is anchored.

c.

No such permitted dock or pier shall extend into adjacent waters more than 75 feet from an estuarine bulkhead, mean high waterline, or a line connecting the outermost limits of the coastal wetlands on either side of the proposed structure, whichever is nearest the channel.

d.

Only one pier or dock is permitted per building site.

(8)

Estuarine bulkheads must be permitted by all applicable local, state, and federal agencies having jurisdiction.

(c)

Special uses permitted. The following uses are permitted subject to the requirements of this district and such additional regulations and requirements as may be imposed by the town council as provided in article X of this chapter:

(1)

Churches.

(2)

Fire stations, schools and other public buildings.

(3)

Community recreation facilities, including boat launching areas, golf courses, tennis courts, community centers, libraries, bathing beaches, picnic areas, and concessions integral thereto, provided that there is no open commercial activity, and no sign other than a directional noncommercial sign is allowed.

(4)

Wind generation facility, in compliance with the requirements of section 36-176.

(d)

Dimensional requirements.

(1)

Minimum lot size.

a.

Minimum lot size for single-family detached residence shall be 20,000 square feet.

b.

Minimum lot size for a duplex shall be 20,000 square feet.

c.

For multifamily dwellings, the minimum lot size must be served by an approved public or community sewage disposal system; 7,500 square feet for the first dwelling unit, and 5,151 square feet for each additional dwelling unit.

d.

Minimum lot size for a large home shall be 20,000 square feet.

(2)

Minimum lot width for lots created after June 6, 2023: 75 feet (measured from the front lot line at right angles to the rear lot line).

(3)

Minimum front yard (setback): 25 feet.

(4)

Minimum side yard (setback).

a.

Minimum side yard setback shall be 15 feet;

b.

An additional five-foot side yard adjacent to the street is required for a corner lot;

c.

Minimum side yard setback shall be 15 feet for swimming pools.

(5)

Minimum rear yard (setback): 20 feet.

(6)

For multifamily dwellings, the lot coverage shall not exceed 40 percent. Maximum allowable lot coverage by all other principal use and all accessory structures: 30 percent. In the case of a lot where the boundary is the Atlantic Ocean, only that portion of the lot area landward of the first line of stable natural vegetation (as defined by CAMA) shall be used for the calculation of lot coverage as it pertains to impervious surface limits included in the maximum allowable lot coverage constraints.

a.

Open-slatted decks that allow water to penetrate through to pervious material, not exceeding a total of 25 percent of the total footprint area of a permitted single-family dwelling on the same lot, shall not contribute to lot coverage;

b.

Those allowances and/or exemptions listed in subsection a. of this paragraph (6) shall be available only upon presentation of a survey with all applicable requirements including plan certification, for a lot disturbance and stormwater management permit as described in section 36-171(3) of the Town Code of Ordinance.

(7)

Height.

a.

Maximum building height shall be 35 feet, measured from the average of the existing, undisturbed grade at the building corners. If the average of the existing, undisturbed grade at the corners of the building is less than eight feet above mean sea level, the maximum building height may be measured from up to eight feet above mean sea level.

(8)

No building or other facility (such as playgrounds, tennis courts, swimming pools, parking areas, incinerators, trash collection areas, etc.) shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a public road and its right-of-way along such boundary may be included as part, or all, of the 50-foot separation zone.

(9)

Maximum size of single-family dwelling: Single-family dwellings shall not exceed 6,000 square feet of enclosed living space.

(Code 1988, § 11-7.02; Ord. No. 01-10-016, pt. II, 10-2-2001; Ord. No. 2007-05-01, art. V, 6-5-2007; Ord. No. 2011-04-01, art. III, pt. IV, 4-5-2011; Ord. No. 2016-01-04, art. III, pt. 3, 1-22-2016; Ord. No. 2017-12-02, art. III, pt. III, 12-5-2017; Ord. No. 2019-11-01, art. III, pt. IV, 11-6-2019; Ord. No. 2021-05-03, art. III, pt. II, 5-4-2021; Ord. No. 2022-01-02, art. III, pt. II, 1-4-2022; Ord. No. 2022-04-01, art. III, pt. II, 4-5-2022; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2023-06-03, art. III, pt. III, 6-6-2023; Ord. No. 2024-03-01, art. III, pt. II, 3-12-2024)

(a)

Intent. The RS-10 district is established as an area in which the principal use of the land is for high-density residential purposes not to exceed ten dwelling units per net acre. The district also provides for the development of less intensive residential uses as well as for compatible supporting uses. In order to meet this intent, the density of population in the district is managed by establishment of minimum lot sizes, building setback and height limits, parking regulations and maximum occupancy limits for single-family residences used as vacation cottages.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Detached single-family dwelling and vacation cottages provided that such residential structure shall not be: (i) advertised to accommodate, designed for, constructed for or actually occupied by more than 14 overnight occupants when used as a vacation cottage; or (ii) have a maximum septic capacity sufficient to serve more than 14 overnight occupants.

(2)

Home occupations and home based businesses as regulated in article VIII of this chapter.

(3)

Piers and docks, only when accessory to a building for which a building permit has been obtained.

a.

Piers and docks must be permitted by all applicable local, state, and federal agencies having jurisdiction.

b.

The activity associated with the pier or dock must be permitted by the zoning district where the pier or dock is anchored.

c.

No such permitted dock or pier shall extend into adjacent waters more than 75 feet from an estuarine bulkhead, mean high waterline, or a line connecting the outermost limits of the coastal wetlands on either side of the proposed structure, whichever is nearest the channel.

d.

Only one pier or dock is permitted per building site.

(4)

Estuarine bulkheads must be permitted by all applicable local, state, and federal agencies having jurisdiction.

(c)

Special uses permitted. The following uses are permitted subject to the requirements of this district and additional regulations and requirements imposed by the town council as provided in article X of this chapter:

(1)

Churches.

(2)

Community recreation facilities, including boat launching areas, golf courses, tennis courts, community centers, libraries, picnic areas, bathing beaches, and concessions integral thereto, provided that there is no open commercial activity, and no sign other than a directional noncommercial sign is allowed.

(3)

Group development residential.

a.

Minimum lot size.

1.

Minimum lot size for single-family detached residence shall be 3,000 square feet.

2.

Minimum lot size for townhouse shall be 3,000 square feet.

b.

Minimum lot width: ten feet.

c.

Minimum front yard: zero feet.

d.

Minimum side yard: zero feet.

e.

Minimum rear yard: zero feet.

f.

Maximum allowable lot coverage: 100 percent.

g.

Height.

1.

Height, top plate, for single-family and townhouse shall be 26 feet.

2.

Height, maximum: 35 feet.

h.

No building or other facility (such as playgrounds, tennis courts, swimming pools, parking areas, incinerators, trash collection areas, etc.), shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a road and its right-of-way along such boundary may be included as part, or all, of the 50-foot separation zone.

i.

Minimum living space: 1,000 square feet of enclosed living space.

j.

Common area/open space: minimum 9,000 square feet of common area/open space per platted lot.

(4)

Wind generation facility, in compliance with the requirements of section 36-176.

(d)

Dimensional requirements.

(1)

Minimum lot size for single-family detached residence shall be 20,000 square feet.

(2)

Minimum lot width for lots created after June 6, 2023: 75 feet (measured from the front lot line at right angles to the rear lot line).

(3)

Minimum front yard (setback): 25 feet.

(4)

Minimum side yard (setback).

a.

Minimum side yard setback shall be 15 feet;

b.

An additional five-foot side yard adjacent to the street is required for a corner lot;

c.

Minimum side yard setback shall be 15 feet for swimming pools.

(5)

Minimum rear yard (setback): 25 feet.

(6)

Maximum allowable lot coverage: 30 percent. In the case of an oceanfront a lot where the boundary is the Atlantic Ocean, only that portion of the lot area landward of the first line of stable natural vegetation (as defined by CAMA) shall be used for the calculation of lot coverage as it pertains to impervious surface limits included in the maximum allowable lot coverage constraints.

a.

Open-slatted decks that allow water to penetrate through to pervious material, not exceeding a total of 25 percent of the total footprint area of a permitted single-family dwelling on the same lot, shall not contribute to lot coverage;

b.

Those allowances and/or exemptions listed in sub-section a. of this paragraph (6) shall be available only upon presentation of a survey with all applicable requirements including plan certification, for a lot disturbance and stormwater management permit as described in section 36-171(3) of the Town Code of Ordinances.

(7)

Height.

a.

Maximum building height shall be 35 feet, measured from the average of the existing, undisturbed grade at the building corners. If the average of the existing, undisturbed grade at the corners of the building is less than eight feet above mean sea level, the maximum building height may be measured from up to eight feet above mean sea level.

(8)

No building or other facility (such as playgrounds, tennis courts, swimming pools, parking areas, incinerators, trash collection areas, etc.), shall be located nearer than 50 feet to boundaries of RS-1 districts. The width of a road and its right-of-way along such boundary may be included as part, or all, of the 50-foot separation zone.

(9)

Maximum size of single-family dwelling: single family dwellings shall not exceed 6,000 square feet of enclosed living space.

(Code 1988, § 11-7.03; Ord. No. 01-10-016, pt. II, 10-2-2001; Ord. No. 2007-05-01, art. VI, 6-5-2007; Ord. No. 2011-04-01, art. III, pt. V, 4-5-2011; Ord. No. 2016-01-04, art. III, pt. 4, 1-22-2016; Ord. No. 2019-05-02, art. III, pt. 3., 5-7-2019; Ord. No. 2019-11-01, art. III, pt. V, 11-6-2019; Ord. No. 2021-05-03, art. III, pt. III, 5-4-2021; Ord. No. 2022-01-02, art. III, pt. III, 1-4-2022; Ord. No. 2022-04-01, art. III, pt. III, 4-5-2022; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2023-06-03, art. III, pt. IV, 6-6-2023)

(a)

Intent. The R-1 district is intended to encourage the development of permanent low-density residential neighborhoods and community facilities necessary for the health and safety and general welfare of the community. In order to meet this intent, the density of population in the district is managed by establishment of minimum lot sizes, building setback and height limits, parking regulations and maximum occupancy limits for single-family residences used as vacation cottages.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Detached single-family dwelling and vacation cottages provided that such residential structure shall not be: (i) advertised to accommodate, designed for, constructed for or actually occupied by more than 14 overnight occupants when used as a vacation cottage; or (ii) have a maximum septic capacity sufficient to serve more than 14 overnight occupants.

(2)

Customary accessory buildings including, but not limited to, swimming pools, tennis courts, and garages, provided no dwelling unit is located in the accessory structure.

(3)

Home occupations and home-based businesses as regulated in article VIII of this chapter.

(4)

Town-owned or leased facilities.

(5)

Piers and docks, only when accessory to a building for which a building permit has been obtained.

a.

Piers and docks must be permitted by all applicable local, state, and federal agencies having jurisdiction.

b.

The activity associated with the pier or dock must be permitted by the zoning district where the pier or dock is anchored.

c.

No such permitted dock or pier shall extend into adjacent waters more than 75 feet from an estuarine bulkhead, mean high waterline, or a line connecting the outermost limits of the coastal wetlands on either side of the proposed structure, whichever is nearest the channel.

d.

Only one pier or dock is permitted per building site.

(6)

Estuarine bulkheads must be permitted by all applicable local, state, and federal agencies having jurisdiction.

(7)

Collocations and eligible facilities requests in compliance with section 36-175(c).

(c)

Special uses permitted. The following uses are permitted, subject to the requirements of this district and additional regulations and requirements imposed by the town council, as provided in article X of this chapter:

(1)

Churches.

(2)

Fire stations, schools and other public buildings.

(3)

Community recreation facilities including boat launching areas, tennis courts, community centers, libraries, picnic areas, bathing beaches, and concessions integral thereto, provided that there is no open commercial activity and no sign other than a directional sign is allowed.

(4)

Country club.

(5)

Child day care, small home.

(6)

Wireless facilities on publicly owned water towers, with the approval of the public entity which owns the water tower in compliance with the requirements and conditions of section 36-175.

(7)

Wireless telecommunications sites in compliance with section 36-175.

(8)

Wind generation facility in compliance with the requirements of section 36-176.

(9)

Manufactured homes in compliance with the requirements of section 36-178.

(d)

Dimensional requirements.

(1)

Minimum lot size.

a.

Minimum lot size for all uses other than country club shall be 20,000 square feet.

b.

For country club, the minimum lot size shall be 150 acres.

(2)

Minimum lot width for lots created after June 6, 2023: 100 feet (measured from the front lot line at right angles to the rear lot line).

(3)

Minimum front yard (setback): 25 feet.

(4)

Minimum side yard (setback).

a.

Minimum side yard setback for all other uses shall be 15 feet;

b.

An additional five-foot side yard adjacent to the street is required for a corner lot;

c.

Minimum side yard setback for fire stations shall be ten feet when adjacent to town-owned property or a town right-of-way;

d.

Minimum side yard setback shall be 15 feet for swimming pools.

(5)

Minimum rear yard (setback).

a.

Minimum rear yard setback for all other uses shall be 25 feet;

b.

Minimum rear yard setback for fire stations shall be zero feet from town-owned property.

(6)

Maximum allowable lot coverage.

a.

Maximum allowable lot coverage shall be 30 percent, except for town-owned facilities and fire stations;

b.

Maximum allowable lot coverage shall be 85 percent for town-owned facilities and fire stations;

c.

Maximum allowable lot coverage shall be 40 percent for school facilities;

d.

Open-slatted decks that allow water to penetrate through to pervious material, not exceeding a total of 25 percent of the total footprint area of a permitted single-family dwelling on the same lot, shall not contribute to lot coverage;

e.

Those allowances and/or exemptions listed in sub-section d. of this paragraph (6) shall be available only upon presentation of a survey with all applicable requirements including plan certification, for a lot disturbance and stormwater management permit as described in section 36-171(3) of the Town Code of Ordinances.

In the case of an oceanfront a lot where the boundary is the Atlantic Ocean, only that portion of the lot area landward of the first line of stable natural vegetation (as defined by CAMA) shall be used for the calculation of lot coverage as it pertains to impervious surface limits included in the maximum allowable lot coverage constraints.

(7)

Height.

a.

For uses other than country club, school facilities and churches:

1.

Maximum building height shall be 35 feet, measured from the average of the existing, undisturbed grade at the building corners. If the average of the existing, undisturbed grade at the corners of the building is less than eight feet above mean sea level, the maximum building height may be measured from up to eight feet above mean sea level.

b.

For country club use and churches, principal building only:

1.

Maximum building height shall be 65 feet, measured from the average of the existing, undisturbed grade at the building corners. If the average of the existing, undisturbed grade at the corners of the building is less than eight feet above mean sea level, the maximum building height may be measured from up to eight feet above mean sea level.

c.

For school facilities:

1.

Maximum building height shall be 55 feet, measured from the average of the existing, undisturbed grade at the building corners. If the average of the existing, undisturbed grade at the corners of the building is less than eight feet above mean sea level, the maximum building height may be measured from up to eight feet above mean sea level.

(8)

Multiple primary buildings: may have multiple primary buildings on site provided these buildings are connected by covered breezeways or walkways.

(9)

Maximum size of single-family dwelling: single-family dwellings shall not exceed 6,000 square feet of enclosed living space.

(Code 1988, § 11-7.04; Ord. No. 01-10-016, pt. II, 10-2-2001; Ord. No. 02-11-024, pts. I, II, 11-6-2002; Ord. No. 04-02-02, art. II, § 1, 3-2-2004; Ord. No. 04-10-01, art. IV, § 1, 11-17-2004; Ord. No. 06-05-01, art. III, § 2, 6-6-2006; Ord. No. 2007-05-01, art. VII, 6-5-2007; Ord. No. 2009-08-01, pt. II, 1-5-2010; Ord. No. 2011-04-01, art. III, pt. VI, 4-5-2011; Ord. No. 2014-04-02, art. III, pt. II, 4-1-2014; Ord. No. 2016-01-04, art. III, pt. 5, 1-22-2016; Ord. No. 2017-12-02, art. III, pt. IV, 12-5-2017; Ord. No. 2018-07-02, art. III, pt. IV, 7-10-2018; Ord. No. 2019-05-02, art. III, pt. 4., 5-7-2019; Ord. No. 2019-11-01, art. III, pt. VI, 11-6-2019; Ord. No. 2021-05-03, art. III, pt. IV, 5-4-2021; Ord. No. 2021-05-04, art. III, pt. I, 5-4-2021; Ord. No. 2022-01-02, art. III, pt. IV, 1-4-2022; Ord. No. 2022-04-01, art. III, pt. IV, 4-5-2022; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2023-06-03, art. III, pt. V, 6-6-2023)

Editor's note— Ord. No. 2021-05-04, art. III, pt. I, adopted May 4, 2021, set out provisions intended for use as § 36-203(c)(9). For purposes of classification, and at the town's direct, these provisions have been included as § 36-205(c)(9).

(a)

Intent. The government and institutional zoning district is established to create a proper location and setting for government and institutional operations and structures necessary to provide services operated by government and institutional operations and structures necessary to provide public services operated by governmental entities and nonprofit entities.

(b)

Permitted uses. The following uses are permitted by right:

(1)

Governmental offices, office buildings, and meeting rooms.

(2)

Town authorized uses of town-owned facilities.

(3)

Police stations.

(4)

Other town-owned facilities.

(5)

Residential uses which comply with the requirements of section 36-202, the RS-1 single-family residential district.

(6)

Offices for nonprofit entities qualified under section 501(c)(3) of the Internal Revenue Code. Notwithstanding other provisions of the Southern Shores Town Ordinances, the following shall apply to permitted uses under this section: handicapped accessibility shall be provided.

(7)

Collocations and eligible facilities requests in compliance with section 36-175(c).

(c)

Special uses permitted. The following uses are permitted subject to the requirements of this district and such additional regulations and requirements as may be imposed by the town council as provided in article X of this chapter:

(1)

Community recreation facilities, including golf courses, tennis courts, community centers, libraries, picnic areas, and concessions integral thereto, provided that there is no open commercial activity, and no sign other than a directional noncommercial sign is allowed.

(2)

Wireless telecommunications sites in compliance with section 36-175.

(3)

Wind generation facility in compliance with the requirements of section 36-176.

(d)

Dimensional requirements.

(1)

Minimum lot size: 10,000 square feet.

(2)

Minimum lot width for lots created after June 6, 2023: 50 feet (measured from the front lot line at right angles to the rear lot line).

(3)

Minimum front yard (setback): 25 feet.

(4)

Minimum side yard (setback).

a.

Minimum side yard setback shall be ten feet;

b.

An additional five-foot side yard adjacent to the street is required for a corner lot;

c.

Minimum side yard setback shall be 15 feet for swimming pools.

(5)

Minimum rear yard (setback): 25 feet.

(6)

Maximum allowable lot coverage.

a.

Maximum allowable lot coverage shall be 30 percent, except for town-owned facilities and fire stations;

b.

Maximum allowable lot coverage shall be 85 percent for town-owned facilities and fire stations;

c.

Open-slatted decks that allow water to penetrate through to pervious material, not exceeding a total of 25 percent of the total footprint area of a permitted single-family dwelling on the same lot, shall not contribute to lot coverage;

d.

Those allowances and/or exemptions listed in sub-section d. of this paragraph (6) shall be available only upon presentation of a survey with all applicable requirements including plan certification, for a lot disturbance and stormwater management permit as described in section 36-171(3) of the Town Code of Ordinances.

(7)

Height.

a.

Maximum building height shall be 35 feet, measured from the average of the existing, undisturbed grade at the building corners. If the average of the existing, undisturbed grade at the corners of the building is less than eight feet above mean sea level, the maximum building height may be measured from up to eight feet above mean sea level.

(Ord. No. 2007-09-02, art. V, 9-4-2007; Ord. No. 2009-08-01, pt. III, 1-5-2010; Ord. No. 2011-04-01, art. III, pt. VII, 4-5-2011; Ord. No. 2014-04-02, art. III, pt. III, 4-1-2014; Ord. No. 2019-11-01, art. III, pt. VII, 11-6-2019; Ord. No. 2022-04-01, art. III, pt. V, 4-5-2022; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2023-06-03, art. III, pt. VI, 6-6-2023)

(a)

Intent. The C district is established to provide for the proper grouping and development of commercial facilities to serve permanent and seasonal residents.

(b)

Permitted uses. The following uses shall be permitted by right:

(1)

Offices, including such uses as:

a.

Business.

b.

Financial.

c.

Governmental.

d.

Medical and professional.

(2)

Retail stores, including such uses as:

a.

Antiques.

b.

Books.

c.

Cameras.

d.

Candy.

e.

Clothing.

f.

Craft goods.

g.

Delicatessens.

h.

Drugs.

i.

Flowers.

j.

Food stores.

k.

Gifts.

l.

Hardware.

m.

Health and beauty aids.

n.

Hobby goods.

o.

Household appliances.

p.

Jewelry.

q.

Leather goods.

r.

Magazines.

s.

Medical supplies.

t.

Music and musical instruments.

u.

Office supplies.

v.

Sporting goods.

w.

Tobacco products.

x.

Toys.

y.

Video rentals.

z.

Wines.

(3)

Service establishments, including such uses as:

a.

Banks.

b.

Barbershops and beauty shops.

c.

Business service—copying, photocopying and computer services.

d.

Churches.

e.

Dry cleaning and laundry pickup stations.

f.

Funeral homes.

g.

Group fitness, aerobics, dance, martial arts, yoga, gym, and/or weight training.

h.

Indoor motion picture theaters.

i.

Pharmacy, with or without a drive-through facility.

j.

Radio and television broadcasting studios (excluding transmitter sites).

k.

Shoe repair.

(4)

Detached single-family dwellings, two-family (duplexes) dwellings, and accessory buildings, according to the density and dimensional requirements of the RS-8 multifamily residential district.

(5)

Town-owned or leased facilities.

(6)

Parking lots and sewage treatment drainfields, when located on a lot which is adjacent to and adjoins real property in an adjacent municipality, upon which a principal building or use has been approved by the municipality, and to which the parking lot and sewage treatment drainfields are necessary or incidental.

(7)

Collocations and eligible facilities requests in compliance with section 36-175(c).

(8)

Estuarine bulkheads must be permitted by all applicable local, state and federal agencies having jurisdiction.

(9)

Event facilities.

a.

Customer parking requirements for event facilities shall be one space for each 150 square feet of floor area;

b.

A septic permit must be obtained from the county health department to accommodate the maximum number of attendees permitted.

c.

Food preparation shall meet all local and state requirements.

d.

All events in which alcohol is to be served shall not be held until an approved state ABC permit has been issued.

e.

All events shall be in compliance with all Town Code requirements, including the town noise ordinance.

(10)

Produce stands. The retail sale of fruits, vegetables, plants, and other agricultural and horticultural products subject to the following requirements:

a.

All stands shall meet the yard requirements for the C general commercial district;

b.

No sales shall be conducted between 8:00 p.m. and 7:00 a.m.;

c.

No additional lighting shall be allowed;

d.

All stands shall comply with all applicable Dare County Health Department requirements and N.C. Department of Agriculture requirements;

e.

Only one stand per lot shall be allowed;

f.

When located on a lot with 50 or more existing parking spaces, no additional parking spaces will be required. When located on a lot with fewer than 50 existing parking spaces, a minimum of three off-street parking spaces shall be provided. When located on a vacant lot, parking spaces shall be provided on an adjacent lot with existing parking spaces that is under same ownership;

g.

One freestanding sign not exceeding 32 square feet in area or six feet in height shall be allowed;

h.

If applicable, a building and/or electrical permit shall be obtained;

i.

The display, storage and/or sale area shall not impede vehicular or pedestrian traffic and parking;

j.

On-site garbage or trash receptacles must be provided and properly maintained at all times.

(c)

Special uses. The following uses shall be permitted as a special use, subject to the requirements of this district; shall be subject to conditions and modifications relating to impacts on adjacent properties, transportation and transportation systems, transportation interconnectivity, stormwater, utilities and telecommunications facilities (including capacity), vegetation and other elements of the natural environment, noise, hours of operation, and other factors that the town council finds applicable; and additional regulations and requirements imposed by the town council, as provided in article X of this chapter:

(1)

Restaurants without a drive-through facility or with a drive-through facility, provided:

a.

Restaurants with a drive-through facility shall not exceed 2,500 square feet.

b.

The location of the drive-through facility is a minimum of 100 feet from residential districts and a minimum of 50 feet from any planned unit development.

c.

It allows for stacking of a minimum of six cars.

(1.5)

Drive-through facility or establishment (small), provided:

a.

Drive-through facility or establishment (small) shall not exceed 2,500 square feet.

b.

The location of the drive-through facility is a minimum of 100 feet from any residential districts and a minimum of 50 feet from any planned unit development.

c.

It allows for stacking of a minimum of six cars.

d.

Lot shall have frontage along U.S. Highway 158.

(2)

Veterinary clinic, provided that all boarding runs and kennels are in an enclosed, heated, and air conditioned building.

(3)

Child day care center, subject to other requirements of this chapter and provided the following conditions are met:

a.

The facility shall adhere to the minimum requirements of and be licensed by the state department of human resources.

b.

Pickup and dropoff areas shall be provided separate from the drive aisle. The pickup and dropoff areas shall be designed so that no child is required to cross the parking lot or any other traffic areas.

(4)

Sewage system effluent disposal subsurface drainfields and repair areas, under the following conditions:

a.

The lot shall be in existence and recorded at the time of adoption of this provision;

b.

The drainfield shall not exceed a total area of 14,400 square feet;

c.

There shall be no sewage treatment facilities other than the disposal drainfields;

d.

There shall be no aboveground appurtenances;

e.

A buffer strip shall be planted between the drainfield and/or repair area and any adjacent right-of-way, in accordance with the technical requirements of section 36-163(2)h (parking lot planting), and maintained;

f.

Maintenance and operation of the drainfields, in compliance with state, county and town laws, rules and regulations, shall be a continuing condition of approval; failure to do so shall result in revocation of approval of the development by the town, and the owner and/or operator of the drainfield shall cease all use of the drainfield until such use is authorized by the town.

(5)

Group development of town-owned or leased facilities.

(6)

Group development of commercial buildings, provided:

a.

Minimum size of any building shall be 2,500 square feet.

b.

All buildings constructed within 35 feet of another building within the development are to be connected by a breezeway or covered walkway.

(7)

Garden center/nursery, provided:

a.

A ten-foot high solid fence must surround all storage areas for business vehicles, equipment and bulk storage.

b.

All principal and accessory structures must conform to the building code (e.g., greenhouses) with no agricultural exceptions.

c.

Outdoor plant displays (retail/nursery areas) access walks shall comply with site accessibility requirements of the building code (e.g., wheelchairs and motorized carts).

d.

Required parking spaces and drive aisles shall be asphalt or concrete. Business vehicle and equipment parking and drive area shall be gravel/crush and run.

e.

Customer parking requirements for outdoor retail display areas shall be one space for every 500 square feet of retail space.

(8)

Wireless telecommunications sites in compliance with section 36-175.

(9)

Wind generation facility in compliance with the requirements of section 36-176.

(10)

Ice vending structure (automated).

a.

May only be an accessory use to a shopping center.

(11)

Mixed use group development of commercial and residential buildings, provided:

a.

Minimum size of any building shall be 2,500 square feet.

b.

All buildings constructed within 35 feet of another building within the development are to be connected by a breezeway or covered walkway.

c.

Lot shall be serviced by an existing community wastewater treatment facility permitted by NC DEQ DWR.

d.

Residential density shall be limited to RS-8 district allowances as established within section 36-203(a).

e.

A minimum of 25 percent and no more than 40 percent lot coverage of the net parcel area can be associated with building footprints containing residential uses and the required parking for residential uses.

f.

Minimum front yard (setback): 25 feet.

g.

Minimum side yard (setback): 15 feet. An additional five-foot-yard adjacent to the street is required for a corner lot.

h.

Minimum rear yard (setback): 20 feet.

i.

Maximum building height shall be 35 feet, measured from the average of the existing, undisturbed grade at the building corners. If the average of the existing, undisturbed grade at the corners of the building is less than eight feet above mean sea level, the maximum building height may be measured from up to eight feet above mean sea level.

j.

No building or other facility (such as parking spaces, incinerators, trash collection areas, etc.) shall be located nearer than 50 feet to boundaries of residential districts or planned unit developments.

k.

Where a mixed use group development abuts a residential district or planned unit development, a buffer of dense vegetative planting or natural vegetation is required (see requirements in section 36-207(d)(8)).

(12)

Multifamily dwellings according to the density and dimensional requirements of the RS-8 multifamily residential district.

(13)

Planned unit developments in accordance with article IX of this chapter.

(d)

Dimensional requirements.

(1)

Minimum lot size: Commercial lots shall be of sufficient size to meet requirements of the Dare County Health Department, to provide adequate siting for structures, and to provide parking, loading and maneuvering space for vehicles as required by section 36-163. In addition, a visual buffer strip is required where a commercial use or zone abuts a residential zone.

(2)

Minimum front yard: 25 feet.

(3)

Minimum side yard: ten feet. No side yard required if commercial building constructed with a common wall. An additional five-foot-yard adjacent to the street is required for a corner lot.

(4)

Minimum rear yard: 20 feet.

(5)

Maximum allowable lot coverage by principal use and all accessory structures shall be 60 percent except as allowed under the following conditions:

a.

Commercial lots shall be allowed the use of permeable pavement as defined by the NCDENR Stormwater BMP Manual ("Manual"). Employment of this permeable solution shall be granted the Built Upon Area (BUA) Credit as specified in the Manual.

b.

Group developments which incorporate the use of permeable pavement as outlined above in excess of five percent of the total lot coverage shall be allowed a maximum allowable lot coverage by principal use and all accessory structures of no greater than 67 percent.

(6)

Height:

a.

a. Maximum building height shall be 35 feet, measured from the average of the existing, undisturbed grade at the building corners. If the average of the existing, undisturbed grade at the corners of the building is less than eight feet above mean sea level, the maximum building height may be measured from up to eight feet above mean sea level.

(7)

No building or other facility (such as parking areas, incinerators, trash collection areas, etc.) shall be located nearer than 50 feet to boundaries of residential districts or planned unit developments.

(8)

Where a commercial use or district abuts a residential district or planned unit development, a buffer of dense vegetative planting or natural vegetation is required. The buffer area shall have a minimum width of 20 feet with two rows of planting material placed ten feet on center that are a minimum of five feet in height when installed that expect to achieve a height of eight feet within three years. Suitable plant types shall be those recommended for the coastal area by the U.S. Department of Agriculture which can be expected to reach a mature growth of eight to ten feet. Vegetation plan to be approved by the town council. Buffers shall be maintained by the property owner. Dead vegetation shall be replanted during the appropriate planting season

(9)

All uses and improvements for commercial facility(ies) including, but not limited to parking areas, vehicular access ways, active and repair septic areas and required open spaces shall be contained entirely within the general commercial zoning district, except as provided in section 36-26, Rules governing the interpretation of district boundaries.

(10)

Maximum size of single-family dwelling: Single-family dwellings shall not exceed 6,000 square feet of enclosed living space.

(Code 1988, § 11-7.10; Ord. No. 01-10-016, pt. II, 10-2-2001; Ord. No. 01-11-018, pt. I, 11-5-2001; Ord. No. 05-04-03, art. IV, 5-3-2005; Ord. No. 07-01-01, art. III, 2-6-2007; Ord. No. 2009-08-01, pts. IV, V, 1-5-2010; Ord. No. 2011-04-01, art. III, pt. VIII, 4-5-2011; Ord. No. 2011-12-01, art. III, pt. III, 12-6-2011; Ord. No. 2012-02-01, art. III, pt. III, 2-7-2012; Ord. No. 2013-03-01, art. III, pt. III, 3-5-2013; Ord. No. 2014-04-02, art. III, pt. IV, 4-1-2014; Ord. No. 2016-01-01, art. III, pt. II, 1-22-2016; Ord. No. 2016-01-02, art. III, pt. II, 1-22-2016; Ord. No. 2016-01-03, art. III, pt. I, 1-22-2016; Ord. No. 2016-01-04, art. III, pt. 6, 1-22-2016; Ord. No. 2018-05-02, art. III, pt. III, 6-5-2018; Ord. No. 2019-11-01, art. III, pt. VIII, 11-6-2019; Ord. No. 2022-01-03, art. II, pt. I, 1-4-2022; Ord. No. 2022-05-01, art. III, pt. I, 5-3-2022; Ord. No. 2022-06-03, art. III, pt. I, 6-7-2022; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022; Ord. No. 2022-09-01, art. III, pt. II, 9-6-2022; Ord. No. 2022-10-02, art. III, pt. I, 9-6-2022; Ord. No. 2024-03-01, art. III, pt. III, 3-12-2024; Ord. No. 2024-08-01, art. III, pt. I, 8-6-2024)

(a)

Intent. The OSW district is established to provide for the proper use of the ocean and sound waters, including islands and creeks that adjoin the town and waters adjacent to Martins Point, to ensure the continued scenic, conservation, and recreational value that these waters provide to the town, its residents, visitors, and the surrounding area. Nothing contained within this section shall be deemed to prohibit or regulate commercial fishing and navigation.

(b)

Permitted uses.

(1)

Swimming, boating, sailing, fishing, and other active and passive noncommercial recreational activities.

(2)

Piers and docks, only when accessory to a building for which a building permit has been obtained.

a.

Piers and docks must be permitted by the state division of coastal management or the U.S. Army Corps of Engineers, or U.S. Coast Guard, whichever is applicable.

b.

The activity associated with the pier or dock must be permitted by the zoning district where the pier or dock is anchored.

c.

No such permitted dock or pier shall extend into adjacent waters more than 75 feet from an estuarine bulkhead, mean high waterline, or a line connecting the outermost limits of the coastal wetlands on either side of the proposed structure, whichever is nearest the channel.

d.

Only one pier or dock is permitted per building site.

(3)

Customary accessory uses and structures, including estuarine bulkheads, are subject to the conditions and limitations of subsection (b) of this section, and provided further that no living space is provided in any accessory structure.

(c)

Prohibited uses.

(1)

Signs of all types.

(2)

Floating homes.

(3)

Any use which is not listed as a permitted or special use.

(Code 1988, § 11-7.11; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022)

(a)

The following uses shall be prohibited in all districts:

(1)

Alcohol and drug detoxification, rehabilitation, and treatment facilities;

(2)

Asphalt and concrete plants;

(3)

Bail bond services;

(4)

Bed and breakfasts;

(5)

Bus, truck, and transportation terminals, yards, and parking lots;

(6)

Campgrounds;

(7)

Concentrated animal feeding operations;

(8)

Crematoriums (human and animal);

(9)

Cryptocurrency mining facilities;

(10)

Dormitories and residence halls;

(11)

Drug paraphernalia;

(12)

Electronic gaming operations;

(13)

Explosives, ammunition, fireworks, or gunpowder manufacture;

(14)

Fat rendering, or production of fats and oils from animal or vegetable; products by boiling or distillation;

(15)

Fraternity and sorority houses;

(16)

Garbage, offal, or animal reduction and processing;

(17)

Gasoline pumps and sales;

(18)

Halfway houses;

(19)

Hazardous materials handling or storage;

(20)

Hospitals;

(21)

Hotels/resorts;

(22)

Jails and prisons;

(23)

Jetpack rentals;

(24)

Junk yards, scrap yards, and salvage facilities;

(25)

Landfills;

(26)

Manufacturing, processing, assembly and other industrial facilities;

(27)

Miniature golf courses;

(28)

Motor vehicle body and paint establishments;

(29)

Motor vehicle dealerships;

(30)

Motor vehicle washing establishments;

(31)

Night clubs;

(32)

Nitrogenous tankage, fish meal or manufacture, of any fertilizer materials carrying an objectionable odor;

(33)

Nursing homes;

(34)

Outdoor advertising or billboards except where prohibition is preempted by state or federal law;

(35)

Outdoor shooting ranges;

(36)

Package treatment plant wastewater disposal systems that discharge to surface waters;

(37)

Pawn shops;

(38)

Satellite dish farms;

(39)

Sexually oriented businesses;

(40)

Shooting ranges;

(41)

Slaughterhouses;

(42)

Smoke and vapor shops;

(43)

Solar energy farms;

(44)

Storage or processing of radioactive or infectious waste;

(45)

Storage units;

(46)

Tattoo, body piercing, and body art establishments;

(47)

Taxi and pedicab storage and dispatch; or

(48)

Use of a boat, houseboat, or other floating structure as a temporary or permanent residence (this shall not prevent the overnight occupancy of a vessel temporarily;

(49)

Warehouses;

(50)

Wind farms.

(b)

Classification and review of unlisted uses. The zoning administrator shall determine whether or not an unlisted use is substantially similar to an already defined use category or use type. A proposed use will not be denied solely because it is not included in this section. An unlisted use will be denied if the zoning administrator determines that the unlisted use is substantially similar to a use which is expressly prohibited. The zoning administrator shall use the following factors as a guideline when classifying a new or unlisted use to determine if such use is classified in a manner consistent with other similar uses in the zoning jurisdiction of the town:

(1)

Consistency with the stated intent of the zoning district;

(2)

Consistency with the adopted vision statement and policies of the town's land use plan;

(3)

Density of development (number of units, square footage, etc.);

(4)

Intensity of use consistent with the zoning district in which the use is to be located;

(5)

Type of activity associated with the use;

(6)

Number of customers and length of stay;

(7)

Generation of pedestrian and vehicular traffic;

(8)

Potential impacts such as noise, light, odor, etc.;

(9)

Public safety;

(10)

Environmental effects; and

(11)

Negative impacts on adjacent land uses.

(c)

If the zoning administrator rejects a proposal for a use that is not clearly prohibited, then the zoning administrator will:

(1)

Ensure that the citizen is provided with a copy of the interpretation in writing;

(2)

Inform the citizen of the right to appeal the decision to the board of adjustment, as specified in section 36-366 of this chapter, appeals of administrative decisions; and

(3)

Advise the applicant on the requirements for the preparation of a proposed zoning text amendment for consideration by the planning board and town council allowing policy-makers to determine whether the proposed use should be an allowable use in the district or not. Financial responsibility for a proposed zoning text change shall be on the applicant.

(Ord. No. 2021-05-05, art. III, pt. II, 5-4-2021; Ord. No. 2022-01-03, art. II, pt. II, 1-4-2022; Ord. No. 2024-03-01, art. III, pt. IV, 3-12-2024; Ord. No. 2024-08-01, art. III, pt. II, 8-6-2024)