§ 48-403. R-2 medium-density residential district.
(a)
Intent. The R-2 medium-density residential district is intended to encourage the development of moderate-density residential neighborhoods with a mix of permanent and shortterm seasonal residents, and to serve as a transition zone between the low-density area and more intensely developed areas.
(b)
Permitted uses. The following uses shall be permitted in the R-2 district by right:
(1)
Detached single-family dwellings (not to include trailers or mobile homes).
(2)
Duplexes.
(3)
Estuarine bulkheads.
(4)
Municipally owned public access facilities.
(5)
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.
(6)
Large residential dwellings, subject to other requirements of this chapter and provided that all the conditions are met as specified in section 48-370.
(7)
Residential cluster housing, subject to other requirements of this chapter and provided that the following conditions are met:
a.
Residential clusters shall be on a single oceanfront lot with road frontage on State Highway 1243, of which at least 50 percent of the lot is net buildable land.
b.
Residential clusters shall be limited to a maximum of three dwelling units per lot.
c.
Dwellings units eligible for permitting under this use category shall be limited to single-family dwelling(s) already located on the lot and single-family dwelling(s) endangered by shoreline erosion being relocated to the lot.
d.
Minimum area requirements for residential clusters shall be 20,000 square feet of lot for the first dwelling unit and an additional minimum 15,000 square feet of lot for each additional dwelling unit.
e.
The minimum separation between detached units in a cluster shall be 20 feet.
(c)
Conditional uses. The following uses are permitted in the R-2 district, subject to the requirements of this R-2 district and additional regulations and requirements imposed by the board of commissioners as provided in article XIV of this chapter:
(1)
Religious complexes, subject to other requirements of this chapter and provided that the following conditions are met:
a.
All structures within the religious complex shall be separated by a minimum of 30 feet.
b.
No structure shall be located closer than 25 feet to a common property line, nor closer than 30 feet to an abutting street or highway right-of-way.
c.
The ratio of total floor area to total site area shall not exceed one to six.
d.
All parking areas shall be buffered from abutting residential districts or uses in accordance with subsection 48-482(4), buffer yard D.
e.
Lot coverage shall not exceed 30 percent; however, the total lot coverage may be increased to 45 percent when on-site stormwater facilities are designed and constructed to retain and infiltrate on site the runoff from the first two inches from a storm event.
(2)
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.
(3)
Fishing piers, which may include accessory restaurant or retail uses, subject to other requirements of this chapter and provided that the following conditions are met:
a.
Parking lot lighting shall be prohibited except for minimum lighting may be required for security purposes.
b.
The maximum total height of the pier house structure shall be 35 feet.
c.
Lot coverage shall not exceed 50 percent. Coverage may be increased to a maximum of 60 percent if open-face paving blocks are used in place of surfaces such as concrete or asphalt. The use and installation of open-face paving blocks shall be in accordance with the requirements of subsection 48-405(d)(2).
d.
Restaurants associated with a fishing pier shall not exceed 1,500 square feet of combined indoor and outdoor customer service area.
(4)
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.
(5)
Public utility facilities, subject to other requirements of this chapter and provided that 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.
(6)
Private clubs, as regulated by section 48-365.
(7)
Outdoor aquatics facility, subject to other requirements of this chapter and provided that the following conditions are met:
a.
The facility shall be provided in conjunction with a nonprofit/outreach center with an indoor aquatic fitness facility.
b.
The facility must be on an existing single parcel containing split-zoning districts R-2 and C-2.
c.
Lot coverage for the parcel shall be the combined average of the coverage allowed in each individual zoning district. Total lot coverage may be applied to the total parcel; however, placement of coverage shall not exceed 30 percent in the R-2 district and 80 percent in the C-2 district.
d.
Hours of operation shall be 8:00 a.m. until 9:00 p.m. or sunset, whichever occurs first.
e.
Lighting of the parking area for the facility shall be prohibited except for minimum lighting required for security purposes.
f.
A 50-foot buffer shall be provided adjacent to residential uses and districts (R-1, R-2, R-3, CR, SED-80, SPD-20, and SPD-C) and landscaped as open space. Stormwater basins and subterranean sewage systems are allowed in the required buffer.
(8)
Child day care center, subject to other requirements of this chapter and provided that the following conditions are met:
a.
The facility shall be provided in conjunction with a nonprofit/outreach center with an indoor aquatic fitness facility.
b.
The facility must be on an existing single parcel containing split-zoning districts R-2 and C-2.
c.
Lot coverage for the parcel shall be the combined average of the coverage allowed in each individual zoning district. Total lot coverage may be applied to the total parcel, however, placement of coverage shall not exceed 30 percent in the R-2 district and 80 percent in the C-2 district.
d.
Lighting of the parking area for the facility shall be prohibited except for minimum lighting required for security purposes.
e.
The facility shall meet all of the requirements of subsection 48-407(c)(14) for a child day care center.
(9)
Boardinghouse, 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.
(10)
Municipally-owned recreation facilities which may include, but should not be limited to: tennis courts, multi-purpose recreation fields, concession areas, and picnic areas, subject to the other requirements of this chapter and provided that the following conditions are met:
a.
All multi-purpose recreation fields or tennis courts shall be located no closer than 100 feet from the property line of any adjacent residential property within the R-2 district.
b.
All buildings or parking lots shall be located no closer than 50 feet from the property line of any adjacent residential property within the R-2 district.
c.
All multi-purpose recreation fields, tennis courts, parking lots, or buildings shall be located no closer than 30 feet from the adjacent residential property line of any property within the SED-80 district.
d.
All multi-purpose recreation fields and tennis courts shall be buffered from the property line of any property within the R-2 district in accordance with subsection 48-482(3), buffer yard I.
e.
All buildings and parking areas shall be buffered from the property line of any property within the R-2 district in accordance with subsection 48-482(3), buffer yard D.
f.
Lighting shall be in accordance with the standards set forth in subsection 48-328(e).
g.
Light fixtures for multipurpose recreation fields shall be turned off no later than 9:00 p.m.
h.
Parking shall be in accordance with the standards set forth in section 48-163.
(11)
Office/retail group development, provided that the following additional requirements and conditions are met:
a.
A minimum lot area of 80,000 square feet and a minimum lot width of 250 feet fronting on U.S. Highway 158.
b.
A minimum front setback for all principal and accessory structures of 50 feet shall be required. Side and rear setbacks, height limit, and maximum lot coverage shall be as specified in subsection (d) of this section. When a side or rear lot line abuts a residential district the minimum side yard and rear yard shall be 30 feet.
c.
A 12-foot wide paved fire lane shall be provided to the rear or side of each establishment, separate from customer, pedestrian and vehicular traffic flow. The edge of the paved access nearer the structure shall be not closer than ten feet or farther than 30 feet from the sides of the structure.
d.
Screened dumpsters shall be provided in accordance with chapter 30 of this Code.
e.
A sidewalk or boardwalk constructed to provide a grade separation from vehicular traffic of at least six inches shall connect all buildings. Pedestrian passageways shall be striped when crossing traffic lanes.
f.
No portion of any building shall be farther than 250 feet or closer than 50 feet to a fire hydrant.
g.
Fire hydrants shall be protected from traffic in accordance with section 20-1 and shall be marked with stripes on the pavement within the protected area.
h.
If the structures are not considered sprinkler protected according to the applicable National Fire Protection Association standards, the fire flow of the hydrants serving or intended to serve the structures shall be tested at the developer's expense by the town fire department or by an independent testing firm. If the test is conducted by an independent testing firm, it shall be made under the direct supervision of the town fire chief or his designee. A fee, in accordance with the most recently adopted consolidated fee schedule, shall be paid by the developer. If the flow is found to be deficient according to the insurance service office standards applicable to the town, the developer shall bring the fire flow up to the established requirements set out in the insurance service office standards. The fire flow test shall be made during the period of peak water demand as determined from water consumption data maintained by the town water department.
i.
Vehicular site access shall be by an approved entrance on U.S. Highway 158. A minimum of 600 feet of frontage along U.S. Highway 158 shall be required before two accessways are permitted. A minimum of 900 feet of frontage shall be required before three accessways are permitted. No office/retail group development shall have more than three accessways to one street. The accessways shall comply with the following standards:
1.
Accessways shall not be less than 30 feet or more than 40 feet in width at their intersection with the property line;
2.
The principal accessways shall have an exit lane for left turns where permitted and an exit lane for right turns and one entrance lane. The lanes shall be appropriately marked as to exit and entrance; and
3.
At its intersection with the property line, an accessway shall not be less than 100 feet from another accessway or 50 feet from a corner of the property. At least one accessway will be allowed for each office/retail area.
j.
Each office/retail group development with its buildings, parking lots and driveway shall be physically separated from each adjoining street by a curb or other suitable barrier to prevent unchanneled vehicular ingress or egress.
k.
Lighting in accordance with article IX of this chapter shall be installed in all parking and service areas.
l.
A buffer shall be maintained along property lines abutting any neighboring lots not a part of the office/retail group development in accordance with subsections 48-482(2) or (3), buffer yard B or C. When the abutting lot is in a residential district, a buffer yard G shall be required.
m.
There shall be a minimum 20-foot open space separation between detached buildings.
n.
The design of all buildings within an office/retail group development shall comply with requirements subsection 48-371(c)(1) with the additional requirements that all buildings be required to use a roof pitch of eight-twelfths or greater and achieve a total architectural point score of 125 points. Individual buildings within the group development shall not exceed a maximum total enclosed area of 5,000 square feet footprint.
o.
Each principal commercial building in the group development shall include residential uses.
p.
A pre-application conference shall be held between the planning board and the applicant.
(12)
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-2 district shall apply:
(1)
A minimum lot area of 20,000 square feet is required for single-family dwellings. A minimum lot area of 30,000 square feet is required for duplexes. Lots using individual wells and septic tanks shall be 20,000 square feet per dwelling unit; that is 40,000 square feet for a duplex.
(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 70 feet.
(4)
The minimum depth of the front yard shall be 30 feet.
(5)
The minimum width of the side yard shall be ten 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 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 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, § 22-303; Ord. No. 03-08-040, §§ 5, 6, 31, 8-20-2003; Ord. No. 03-10-045, § 1, 10-1-2003; Ord. No. 03-10-046, § 3, 10-1-2003; Ord. No. 08-02-008, § III, 2-6-2008; Ord. No. 08-07-021, § 1, 7-2-2008; Ord. No. 09-08-029, Pt. II, 8-5-2009; Ord. No. 10-03-008, Pt. I, 3-17-2010; Ord. No. 10-03-009, Pt. III, 3-17-2010; Ord. No. 11-03-010, Pt. II, 3-2-2011; Ord. No. 11-07-025, Pt. II, 7-6-2011; Ord. No. 11-11-041, Pt. IV, 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. 15-03-008 , Pt. I, 3-4-2015; Ord. No. 15-03-009 , Pt. IV, 3-4-2015; Ord. No. 15-08-029 , Pts. V, VI, 8-19-2015; Ord. No. 15-09-031 , Pt. II, 9-2-2015; Ord. No. 17-07-012 , Pt. IV, 7-5-2017; Ord. No. 18-03-004 , Pt. II, 3-14-2018)