§ 48-405. CR commercial residential district.
(a)
Intent. The CR commercial residential district is established as an area in which the principal use of the land is for intensive recreational purposes and for those types of development which, by their nature, are best located in close proximity to the town's beach area. The CR district also provides for the less intensive residential uses as well as compatible supporting uses.
(b)
Permitted uses. Permitted uses in the CR district are as follows:
(1)
Single-family dwelling units and duplexes, subject to dimensional requirements of R-3 district, except for minimum lot width.
(2)
Municipally owned public access facilities.
(3)
Restaurants.
(4)
Customary accessory uses and structures, including private swimming pools, 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.
(6)
Concealed building-mounted antenna installed flush with or below the roof line.
(c)
Conditional uses. The following uses shall be permitted in the CR district, subject to the requirements of this CR district and additional regulations and requirements imposed by the board of commissioners as provided in article XIV of this chapter:
(1)
Fishing piers, 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 that may be required for security purposes.
b.
If the pier house contains multiple accessory or principal uses, including but not limited to, retail sales, arcade, restaurant, wind turbines, educational and recreational programming, and indoor public assembly uses, with a parking requirement greater than one parking space per 200 square feet of gross floor area, the overall parking requirement may be reduced by 15 percent. In utilizing this provision, at no time shall the total number of parking spaces provided be less than 100.
c.
The maximum total height of the pier house structure shall be 35 feet.
d.
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).
e.
The location and installation of waste water treatment facilities and required repair areas to serve the principal use may be located off-site provided that all off-site properties are undeveloped and are zoned for commercial use. Off-site waste water treatment facilities shall be exempt from the requirements of section 48-362, subsections (2), (3), and (4). Above ground structures of the treatment facility shall be deemed principal use structures and shall comply with the dimensional height and yard requirements of the zoning district in which they are located. When off-site waste water treatment facilities are utilized in conjunction with a fishing pier, restaurants are not permitted as a principal or accessory use to the fishing pier.
f.
Up to 50 percent of the required parking for the site may be located at an off-site location. Off-site parking must be located in the C-2 zoning district.
g.
Restaurants associated with a fishing pier shall not exceed 1,500 square feet of combined indoor and outdoor customer service area.
(2)
Hotels, provided that the following additional requirements and conditions are met:
a.
A hotel lot shall have a minimum width of 150 feet.
b.
A minimum setback of 45 feet is required from the right-of-way line of South Virginia Dare Trail (NC 12) or South Old Oregon Inlet Road (NC 1243).
c.
A minimum setback for any structure from a side yard property line other than a property line along a state or town street right-of-way 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 the greater of either the front yard setback or side yard setback. For hotel buildings higher than 35 feet, the side yard setback shall be ten feet plus an additional one foot for each foot over 35 feet.
d.
The maximum height of a structure shall be 60 feet.
e.
Maximum lot coverage for hotel sites with an accessory fishing pier shall not exceed 45 percent and shall otherwise be in accordance with subsection (d)(2) of this section.
f.
A minimum of 50 percent of the required setbacks on the north, south, east and west shall be left undeveloped and landscaped as open space. Subterranean sewage systems and repair areas are allowed in the required setbacks.
g.
The density of hotel units shall not exceed 16 hotel units or hotel efficiency units for the first acre and 20 hotel units or hotel efficiency units for each additional acre.
h.
Hotel units shall be at least 300 square feet in area. Hotel efficiency units shall be at least 400 square feet in area. No hotel unit or hotel efficiency unit shall be greater than 700 square feet in area.
i.
Unless the public safety department has approved an alternate life safety/fire evacuation plan, a 12-foot wide paved vehicular access along all four sides of principal structures shall be provided suitable for firefighting and rescue equipment. The edge of the paved access nearer the structure shall be no closer than ten feet, nor farther than 30 feet, from the sides of the structure.
j.
Containers for garbage and refuse shall be provided in accordance with chapter 30 of this Code. Areas for screened dumpsters shall be provided so as to be out of the traffic flow and accessible to garbage trucks at all times.
k.
A sidewalk or boardwalk constructed to provide a grade separation from vehicular traffic of at least six inches shall connect all principal buildings on the site except where passageways cross traffic lanes. Separate buildings shall be connected with pedestrian passageways that are striped when crossing traffic lanes.
l.
No portion of any building shall be farther than 250 feet or closer than 50 feet to a fire hydrant.
m.
Fire hydrants shall be protected from traffic in accordance with section 20-1 and shall be marked with painted stripes on the pavement within the protected area.
n.
The structures shall be sprinkler protected in accordance with section 20-121 et seq. A fire flow test of the water supply for the sprinkler system serving or intended to serve the structures shall be conducted 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 prior to the issuance of a building permit.
o.
Automatic emergency electric generators, to provide lighting in hallways and stairwells during periods of public utility power outages, shall be installed and tested regularly at the expense of the developer.
p.
A minimum of 600 feet of frontage along a street shall be required before two accessways are permitted to the same street. A minimum of 900 feet of frontage shall be required before three accessways are permitted. No hotel 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 and shall be installed with curbs of asphalt or concrete at street connections to prevent damage to roadways.
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 to indicate exit and entrance.
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 hotel development.
q.
Each hotel site with its buildings, parking lots and driveways shall be physically separated from each adjoining street by a curb or other suitable barrier to prevent unchanneled vehicular ingress or egress.
r.
Lighting in accordance with article IX of this chapter of this chapter shall be installed in all parking and service areas.
s.
Where the provisions of this subsection are in conflict with the provisions of subsection (d) of this section, dimensional requirements, the more stringent of the provisions shall apply.
t.
Hotel sites may include the following accessory uses: fishing pier (with CAMA authorization), restaurant, indoor entertainment facility, indoor public assembly, retail, office and on-site rental of beach chairs and umbrellas provided that:
1.
Storage of such items, overnight and during hours of operation shall be located westward of the static line and shall not be visible from the beach.
2.
Beach chairs and umbrellas to be placed upon the beach shall contain no commercial signage. Property identifiers such as initials and numbering shall be located on the interior or underside of any chair or umbrella. Any other signage shall not be visible from the beach.
3.
Placement of beach chairs and umbrellas upon the beach shall not restrict or impede the flow of vehicular, pedestrian or emergency services traffic. All public access points shall be free and clear of all obstructions and rental equipment for a minimum distance of 50 feet in any direction.
4.
All transactions involved in the operation of this rental service, including tips, shall occur inside the principal structure, i.e.; the hotel or west of the static line.
5.
Rentals shall be limited to hotel patrons.
6.
Under no circumstance shall beach chairs and umbrellas be left on the beach or be east of the static line overnight.
7.
At the close of business hours the beach upon which rentals occur shall be cleaned of all loose trash and debris.
8.
Beach chairs and umbrellas shall only be set up when requested by the customer, beach chairs and umbrellas shall not be pre-set.
9.
Emergency services personnel have the right to move beach chairs and umbrellas as necessary to ensure a clear line of sight for safety purposes.
10.
Any violation of these regulations may result in any of the following actions:
i.
Removal of equipment left on the beach overnight;
ii.
Issuance of civil penalty pursuant to section 1-6 of this Code; or
iii.
Immediate revocation of the zoning permit.
u.
A pre-application conference shall be held between the planning board and the applicant. The applicant shall present at least a survey and conceptual site plan.
(3)
Private beach access facilities, for members and their guests only, limited to bathing, dressing and toilet facilities; noncommercial indoor and outdoor recreation facilities, including swimming pools; and living quarters, subject to the following limitations and conditions:
a.
All of the development shall be located east of South Virginia Dare Trail (NC 12) or South Old Oregon Inlet Road (NC 1243) and shall have direct access to both South Virginia Dare Trail (NC 12) or South Old Oregon Inlet Road (NC 1243) and the Atlantic Ocean.
b.
No such development shall contain more than one dwelling unit.
c.
All such developments shall have an elevated walkway to the beach constructed in accordance with CAMA regulations.
d.
All such developments shall contain permanent toilet facilities, in addition to those required for any dwelling unit.
e.
No fences, barriers or other obstructions shall be placed or constructed oceanward of the first line of stable natural vegetation, with the exception of the walkway described in subsection (c)(3)c of this section.
f.
Signs shall be limited to identification and directional signs as provided for in subsections 48-283(2) and (6).
g.
No such development shall contain kitchen facilities other than those incidental to a dwelling, nor shall there be permitted any food service facilities, concession stands, food and/or beverage dispensers or other such facilities; provided that, water fountains and incidental picnicking facilities shall be permitted.
h.
All such facilities shall provide refuse containers of a size, design, number and location as determined by the public works director.
i.
In issuing a conditional use permit, the board of commissioners may require buffers and/or fencing for all or any part of such facilities where in their opinion such buffering and/or fencing is necessary to separate all or part of this facility from an adjoining less intensive land use.
(4)
Multifamily dwellings, provided that the following additional requirements and conditions are met:
a.
A multifamily lot shall have a minimum lot width of 150 feet.
b.
A minimum setback of 75 feet is required from the right-of-way line of South Virginia Dare Trail (NC 12) or South Old Oregon Inlet Road (NC 1243).
c.
The minimum setback for any structure from a property line other than a property line along South Virginia Dare Trail (NC 12) or South Old Oregon Inlet Road (NC 1243) right-of-way shall be 1.75 times the height at the top of the top plate or roof panel in the tallest building in the development site, but shall be a minimum of 35 feet to all property lines, except as provided in subsection (c)(4)b of this section.
d.
The maximum height to the top plate or roof panel shall not exceed 28 feet. The height shall not exceed 35 feet. The enclosed area above the top plate or roof panel shall not be habitable and shall be unoccupied except for necessary structural and mechanical appurtenances.
e.
A minimum of 90 percent of the required setbacks on the north and south and 50 percent of the required setbacks on the east and west shall be left undeveloped and landscaped as open space. Subterranean sewage systems and repair areas are allowed in the required setbacks.
f.
The northern and southern boundaries from the street right-of-way of either South Virginia Dare Trail (NC 12) or South Old Oregon Inlet Road (NC 1243) to the small CAMA structure setback line and the western boundary shall be buffered in accordance with subsection 48-482(1), buffer yard A.
g.
The minimum lot area for a multifamily development site shall be 35,000 square feet for the first three units and 5,000 square feet for each additional unit.
h.
Each multifamily dwelling unit shall contain at least 1,000 square feet of floor area.
i.
A 12-foot wide paved vehicular access along all four sides of the principal structure shall be provided suitable for firefighting and rescue equipment. The edge of the paved access nearer the structure shall be no closer than ten feet, nor farther than 30 feet, from the sides of the structure.
j.
A pedestrian sidewalk or boardwalk shall be constructed to provide a grade separation of at least six inches in height and shall connect all principal buildings on the site. In cases where traffic lanes separate buildings, the pedestrian passageways shall be striped and may be on grade.
k.
No portion of any building shall be farther than 250 feet or closer than 50 feet to a fire hydrant.
l.
The structures shall be sprinkler protected in accordance with section 20-121 et seq. A fire flow test of the water supply for the sprinkler system serving or intended to serve the structures shall be conducted 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 prior to the issuance of a building permit.
m.
At its intersection with the property line, any driveway shall not be less than 100 feet from another driveway or 50 feet from a corner of the property. At least one driveway will be allowed for each multifamily development.
n.
There shall be a minimum separation of 40 feet between detached buildings.
o.
Multiple-dwelling units may have as an accessory use a management office, not including a trailer, provided that the management office shall be included as a permanent structure in the project's design or may occupy one of the dwelling units. A management office may include within the particular project spaces for maintaining supplies, service products and amenities to be used in connection with the units within the project. There shall be sanitary facilities available for customers and employees.
p.
Where the provisions of this subsection are in conflict with the provisions of subsection (d), dimensional requirements, the more stringent of the provisions shall apply.
(5)
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.
(6)
Concealed building-mounted antenna not meeting the requirements of subsection 48-405(b)(6).
(7)
Multiple principal uses within a single commercial structure or unit consistent with town Code section 48-377.
(8)
Cottage courts, subject to the requirements of town Code section 48-378.
(9)
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 shall apply in the CR district:
(1)
A minimum lot area of 15,000 square feet is required for commercial development and single-family dwellings. A minimum lot area of 22,500 square feet is required for duplexes. Lots using individual wells and septic tanks shall be 20,000 square feet per dwelling unit.
(2)
Lot coverage for single-family and two-family uses shall be in accordance with subsection 48-404(d)(2).
(3)
The minimum lot width shall be 50 feet.
(4)
Lot coverage for all uses other than single-family and two-family uses:
a.
Lot coverage: The lot coverage shall not exceed 40 percent. 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 , 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.
The town encourages use of pervious materials and new technologies that provide for safe and efficient driveway and parking areas and that appropriately address stormwater runoff issues. A minimum of 20 percent of the surface area of the parking area and drive aisles shall be constructed using permeable surface materials, unless it can be demonstrated that a topographic or hydrologic constraint exists that would limit its use and effectiveness.
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.
(5)
The minimum depth of the front yard for single-family and duplexes shall be 30 feet. The minimum depth of the front yard for commercial development shall be 15 feet.
(6)
The minimum width of the side yards shall be eight feet for single-family, duplex and commercial development. 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 for commercial development and 12 feet for single-family and duplex use for lots less than 10,000 square feet in lot area and 60 feet or less in lot width. For large residential dwellings, the minimum width of the side yard shall be regulated in accordance with subsection 48-370(d).
(7)
The minimum depth of the rear yard shall be 20 percent of the lot depth for single-family and duplex, but need not exceed 30 feet. The minimum depth of the rear yard for a commercial development shall be 25 feet.
(8)
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.
(9)
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, § 22-305; Ord. No. 03-08-040, §§ 9, 10, 33, 8-20-2003; Ord. No. 03-10-046, § 5, 10-1-2003; Ord. No. 06-10-038, § I, 10-18-2006; Ord. No. 08-02-008, § V, 2-6-2008; Ord. No. 08-09-029, § I, 9-3-2008; Ord. No. 08-11-037, § I, 11-5-2008; Ord. No. 09-03-014, § I, 3-4-2009; Ord. No. 10-03-009, Pt. V, 3-17-2010; Ord. No. 11-03-009, Pt. I, 3-2-2011; Ord. No. 11-03-010, Pt. IV, 3-2-2011; Ord. No. 11-07-025, Pt. IV, 7-6-2011; Ord. No. 11-11-041, Pt. VI, 11-2-2011; Ord. No. 11-12-044, Pts. II, III, 12-7-2011; Ord. No. 12-03-009A, Pt. I, 3-7-2012; Ord. No. 13-05-013, Pts. I, II, 5-15-2013; Ord. No. 14-01-002, Pt. IV, 1-8-2014; Ord. No. 14-06-018, Pt. II, 6-18-2014; Ord. No. 15-01-003, Pt. I, 1-7-2015; Ord. No. 15-05-013 , Pt. II, 5-6-2015; Ord. No. 15-08-029 , Pts. IX, X, 8-19-2015; Ord. No. 15-09-031 , Pt. IV, 9-2-2015; Ord. No. 16-11-028 , Pt. IV, 11-2-2016; Ord. No. 17-07-012 , Pt. VI, 7-5-2017; Ord. No. 18-03-004 , Pt. IV, 3-14-2018)
Cross reference
Businesses and licensing, ch. 12.