§ 48-402. R-1 low-density residential district.
(a)
Intent. The R-1 low-density residential district is intended to encourage the development of permanent low-density residential neighborhoods.
(b)
Permitted uses. The following uses in the R-1 district shall be permitted by right:
(1)
Detached single-family dwellings (not to include trailers or mobile homes).
(2)
Estuarine bulkheads.
(3)
Municipally owned public access facilities.
(4)
Customary accessory uses and structures, including private swimming pools, private docks, minor communication towers, dish antennas, roof top wind energy facilities, vertical axis wind energy facilities and home occupations.
(5)
Large residential dwellings, subject to other requirements of this chapter and provided that all the conditions are met as specified in section 48-370.
(c)
Conditional uses. The following uses are permitted in the R-1 district, subject to the requirements of this R-1 district and additional regulations and requirements imposed by the board of commissioners as provided in article XIV of this chapter:
(1)
Fire stations and municipal facilities, subject to other requirements of this chapter and provided that the following conditions are met:
a.
No open storage is allowed.
b.
Lighting shall be prohibited except for minimum lighting that may be required for security purposes.
(2)
Private parks and playgrounds, subject to other requirements of this chapter and provided that the following conditions are met: Lighting shall be prohibited except for minimum lighting that may be required for security purposes.
(3)
Private clubs, as regulated by section 48-365.
(4)
Public utility facilities, subject to other requirements of this chapter and provided the following conditions are met:
a.
No open storage is allowed.
b.
All utility structures requiring a building permit shall be architecturally compatible with other structures in the vicinity.
c.
The boundaries of the entire site shall be buffered in accordance with subsection 48-482(1), buffer yard A.
(5)
Private docks, subject to other requirements of this chapter and provided that the following conditions are met:
a.
Boats moored at private docks shall not be occupied overnight.
b.
No commercial use of any type shall be made of a private dock, including, but not limited to, crab shedding, boat chartering, boat rentals, etc.
c.
The private dock is permitted by CAMA.
d.
Storage sheds, boathouses, and other dock-related accessories are prohibited, with the exception of boatlifts and dock boxes.
e.
The private dock shall comply with all federal, state and local regulations, particularly those pertaining to water quality.
(6)
Boardinghouses, subject to other requirements of this chapter and provided that the following conditions are met:
a.
Boardinghouses may not exceed two rooms, which are intended to be rented.
b.
Occupancy by tenants shall not exceed more than two persons per bedroom and shall be for durations of generally greater than one week.
c.
Individual rooms shall not contain independent cooking facilities; this, however, shall not prohibit the serving of meals to tenants or the use of a single kitchen by tenants.
d.
Boardinghouses shall be owner occupied and serve as the primary residence of the owner.
(7)
Community gardens subject to the requirements of town Code section 48-379.
(d)
Dimensional requirements. Unless otherwise specified in subsection (c) of this section, the following dimensional requirements in the R-1 district shall apply:
(1)
A minimum lot area of 20,000 square feet is required for single-family dwellings.
(2)
Lot coverage:
a.
The lot coverage shall not exceed 30 percent plus 300 square feet or 33 percent, whichever is greater. When performing lot coverage calculations, the residential lot coverage calculation sheet included with the site development application, as amended, shall be completed and submitted for review and approval.
b.
Permeable pavement:
i.
For the purposes of determining lot coverage, the total square footage of permeable pavement materials is multiplied by 0.67.
ii.
Permeable pavement materials include porous concrete, permeable interlocking concrete pavers, concrete grid pavers, Turfstone TM , gravel as defined in town Code section 48-7, and other proven technologies available as covered in the NC Best Management Practices Manual and as approved by the town engineer for appropriateness to the site and existing conditions. Porous concrete shall be designed and installed in accordance with ACI specifications, or equivalent standard, with hydrological, operation and maintenance considerations. Installation shall be conducted by a contractor certified in the installation of the type of pavement system chosen.
iii.
Edge restraints shall be provided on all concrete grid pavers, permeable interlocking concrete pavers, and similar type installations to confine the pavement installation. The pavement surface course structural properties shall be designed to withstand the applied vehicular loading pursuant to the specified application.
iv.
No porous concrete shall be used east of NC 1243 (South Old Oregon Inlet Road) or NC 12 (South Virginia Dare Trail). Compacted gravel shall not be considered permeable pavement.
c.
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. Where an oceanfront lot has little or no stable natural vegetation, the line of such vegetation shall be a line extending between the nearest such vegetation existing north and south of the lot. In the case of lots abutting estuarine waters (as defined by division of marine fisheries and used by CAMA), lot coverage shall be in accordance with the standards listed above, except that in the area waterward of the U.S. Army Corps of Engineers 404 fill line, lot coverage shall not exceed 30 percent. If the Corps of Engineers 404 fill line is not evident or located within the estuarine AEC, as defined by CAMA, lot coverage within the estuarine, AEC shall not exceed 30 percent. Lot coverage allowances shall not be transferred from one portion of the lot to another.
d.
Two hundred square feet of lot coverage may be excluded from the lot coverage calculation for individual lots that utilize a shared driveway with an adjoining lot to provide the sole means of access to the lot. In these instances, a shared access easement must be recorded for each lot that utilizes the shared driveway.
e.
For residential uses, the total lot coverage may be increased by three percent when all runoff from the project's built-upon area is directed into an approved stormwater management system designed to accommodate the volume of runoff generated by a 3.5-inch design storm. The approved stormwater management system shall be designed in accordance with the standards included in chapter 34 Stormwater, Fill, and Runoff Management.
(3)
The minimum lot width shall be 75 feet.
(4)
The minimum depth of the front yard shall be 30 feet.
(5)
The minimum width of the side yard shall be 12 feet. In the case of a corner lot, to ensure adequate sight clearance, the minimum width of the side yard adjacent to the right-of-way shall be no less than 15 feet, except in the case of pre-existing nonconforming lots that are less than 10,000 square feet in lot area and 60 feet or less in lot width, in which case the minimum setback shall be 12 feet. For large residential dwellings, the minimum width of the side yard shall be regulated in accordance with subsection 48-370(d).
(6)
The minimum depth of the rear yard shall be 20 percent of the lot depth but need not exceed 30 feet.
(7)
In the case of lots located within the Ocean Hazard AEC, the applicable setback shall be the CAMA setback or the oceanfront setback prescribed in article XX of this chapter, whichever imposes the greater distance from the ocean.
(8)
Maximum height of structures shall be 35 feet. However, the maximum height of a structure may be increased to 42 feet if the structure utilizes an eight-twelfths roof pitch as specified in the Town of Nags Head Residential Design Guidelines. For large residential dwellings, height shall be regulated in accordance with subsection 48-370(d).
(Code 1990, § 22-302; Ord. No. 03-08-040, §§ 3, 4, 30, 8-20-2003; Ord. No. 03-10-046, § 2, 10-1-2003; Ord. No. 08-02-008, § II, 2-6-2008; Ord. No. 09-08-029, Pt. I, 8-5-2009; Ord. No. 10-03-009, Pt. II, 3-17-2010; Ord. No. 11-03-010, Pt. I, 3-2-2011; Ord. No. 11-07-025, Pt. I, 7-6-2011; Ord. No. 11-11-041, Pt. III, 11-2-2011; Ord. No. 14-01-002, Pt. IV, 1-8-2014; Ord. No. 14-06-018, Pt. I, 6-18-2014; Ord. No. 15-03-009 , Pt. IV, 3-4-2015; Ord. No. 15-08-029 , Pts. III, IV, 8-19-2015; Ord. No. 15-09-031 , Pt. I, 9-2-2015; Ord. No. 17-07-012 , Pt. III, 7-5-2017; Ord. No. 18-03-004 , Pt. I, 3-14-2018)