§ 48-409. C-4 village commercial district.
(a)
Intent. The C-4 village commercial district is intended to permit the development of residential areas of low to moderate density with a mixture of professional commercial activities of limited size. It is also the intent of this C-4 district to attract permanent residents and to allow the conduct of small-scale business operations normally expected to produce a low volume of traffic. The C-4 district is further intended to provide an area in which small but similar businesses will be allowed to take advantage of the steady flow of low-volume vehicular and pedestrian traffic by locating within close proximity of each other. All village commercial districts shall be at least five acres in size.
(b)
Permitted uses. The following uses shall be permitted by right in the C-4 district:
(1)
Single-family dwellings and duplexes (not to include trailers and mobile homes).
(2)
Single-family dwellings and duplexes in combination with commercial uses allowed in subsections (b)(3), (4) and (5) of this section, with the ratio of enclosed commercial square footage to enclosed residential square footage not to exceed two to one.
(3)
Offices including:
a.
Business.
b.
Financial.
c.
Governmental.
d.
Medical.
e.
Professional.
(4)
Professions and associated retail uses as follows:
a.
Artist and sale of art and art supplies.
b.
Baker and sale of baked goods.
c.
Cabinetmaker and sale of hand-crafted wooden furnishings.
d.
Confectioner and sale of candies.
e.
Florist and sale of plants and nursery items.
f.
Glass working and sale and repair of glass, stained glass.
g.
Jeweler and sale and repair of jewelry.
h.
Photographer and sale of photographs and photographic equipment.
i.
Potters and sale of pottery and ceramics.
j.
Restorer/refinisher of antiques and antique sales.
k.
Tailor/dressmaker/seamstress and sale of clothes and fabrics.
l.
Toy maker and sale and repair of toys.
(5)
Service establishments including:
a.
Barbershops and beauty shops.
b.
Bicycle repair and sales.
c.
Household appliance repair and sales.
(6)
Estuarine bulkheads.
(7)
Customary accessory uses and structures, including private swimming pools, private docks, minor communication towers, dish antennas and home occupations.
(8)
Large residential dwellings, subject to other requirements of this chapter and provided that all the conditions are met as specified in section 48-370.
(9)
Veterinary office and clinic, provided that all pens and kennels are in an enclosed, air conditioned building, that there are no outdoor runs and boarding of animals is limited to that which is necessary for pre- and post-treatment observation and care.
(10)
Fine craft and folk art.
(c)
Conditional uses. The following uses shall be permitted subject to the requirements of this C-4 district and additional regulations and requirements imposed by the board of commissioners as provided in article XIX of this chapter:
(1)
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 C-4 district:
(1)
A minimum lot area of 15,000 square feet is required for commercial development and single-family dwellings or a combination thereof. A minimum lot area of 22,500 square feet is required for duplexes or duplexes in combination with commercial uses. Please note section 48-122 regarding the uses permitted for nonconforming lots of record which are at least 5,000 square feet but less than 15,000 square feet in area. Lots using individual wells and septic tanks shall be at least 20,000 square feet in area.
(2)
Lot coverage for single-family and two-family uses shall be in accordance with subsection 48-404(d)(2).
(3)
Lot coverage:
a.
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.
(4)
The minimum lot width shall be 60 feet.
(5)
The minimum depth of the front yard shall be 30 feet.
(6)
The minimum width of the side yard shall be ten feet. For corner lots, to ensure adequate sight clearance, the side yard adjacent to the right-of-way shall be not less than 15 feet. 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 lot depth but need not exceed 30 feet.
(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, § 22-308; Ord. No. 03-08-040, §§ 15, 16, 36, 8-20-2003; Ord. No. 08-02-008, § IX, 2-6-2008; Ord. No. 11-02-005, Pt. III, 2-2-2011; Ord. No. 11-03-010, Pt. VII, 3-2-2011; Ord. No. 14-01-002, Pt. IV, 1-8-2014; Ord. No. 14-06-018, Pt. IV, 6-18-2014; Ord. No. 15-08-029 , Pts. XV, XVI, 8-19-2015; Ord. No. 15-09-031 , Pt. VI, 9-2-2015; Ord. No. 17-05-007 , Pt. I, 5-3-2017; Ord. No. 17-05-008 , Pt. VII, 5-17-2017; Ord. No. 17-07-012 , Pt. X, 7-5-2017)
Cross reference
Businesses and licensing, ch. 12.