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For an hour, the Dare County Planning Board wrestled with a 1988 amendment to the Special Environmental District-1 that protects the maritime forest in Buxton and Frisco.

The special district was created in March 1988 in response to North Carolina adopting an Area of Environment Concern around the water well fields of Cape Hatteras Water Association and to protect Buxton and Frisco Woods.

In 1996, Dare County assumed control of the water system, serving Avon, Buxton, Frisco and Hatteras villages. In 2000, a new reverse osmosis plant, built by Dare County, began operating in Frisco.

The Special Environmental District limits the land use to single family residential uses and prohibits commercial uses. The residential density standard is three single family residences on one acre and no multi-family, townhouses or condominiums are permitted. Additionally, a vegetation removal standard was set.

Lot size for a single family house is 40,000 square feet, almost an acre.

Raising the issue of residential density outside the Special Environmental District in Buxton and Frisco was Joseph Anlauf, with Anlauf Engineering, PLLC.

At issue is the 1988 zoning amendment to the Special Environmental District.

“ZONING AMENDMENT – BUXTON WOODS Sept. 19, 1988

“This zoning amendment was adopted by the Dare County Board of Commissioners on September 19, 1988.

“All land located between the center line of the intersection of NC 12 and Billy Mitchell Airport Road, and the center line of the intersection of NC 12 and Cape Hatteras Lighthouse Road, for a distance of ½ mile north (meg. 1988) from an SED-1 District shall be subject to the following additional requirements:

“Dwelling density within the zone of influence of the SED Ordinance: No multi-family development, townhouses, or condominium project located with ½ mile of any SED-1 zoning district shall exceed a dwelling density of three single family units (whether contained under one or more roofs) per acre or usable land area. Usable land shall be that land defined as “suitable” for septic tank/nitrification field wastewater disposal by the U.S. Department of Agriculture/Soil Conservation Service Soil Survey for Dare County and the Dare County Board of Health.

“Vegetation Removal: All subdivision, and all development projects within ½ mile of an SED-1 zoning district which are subject to site plan review, shall conform to the land clearing provisions of the SED Zoning District, Section 22-27.3 (e) (1) – Site Alteration.”

According to a map submitted by planning director Noah Gillam, the zone of influence stretches from Buxton (Old Lighthouse Road) and Frisco’s boundary with the National Park Service. The zone of influence as mapped by Gillam includes all of developed Frisco and leaves out only the northern portion of Buxton.

Anlauf’s submission “requests to remove the Zone of Influence Dwelling Density Limitation for multi-family development, townhouses, or condominium projects located within ½ mile of any SED-1 zoning district boundary.”

Gillam did an amazing amount of research. He searched the minutes of the Planning Board and the Board of Commissioners for the county and the planning department files. He found nothing about the zone of influence.

Use specific zoning was instituted in Buxton in 1993. No mention of the zone of influence was found in the materials from that process. Buxton has nine different zones mapped, but the zone of influence is not on the official zoning map. In Frisco, the use specific zoning process was tried in 1994 but was rejected. Frisco remains under S-1 zoning.

Gillam opined: “It is my opinion … that the applicant’s request to remove the SED Zone of Influence dwelling density limitation for multi-family development is reasonable and its removal will not adversely impact the Cape Hatteras well fields, the SED-1 district or the lands in Buxton Woods.”

In discussion, Planning Board member Beth Midgett said “nobody knows about it.” The request makes no changes to the SED-1, she said.

James R. “Buddy” Shelton, a Planning Board member and retired as Dare County’s chief building inspector, said he “had never heard of it.”

Board member Terry Gore made a motion to remove the residential density as requested and advance the request to the Board of Commissioners.

However, the board had not dealt with the vegetation requirement and Gore withdrew his motion. Gillam said the vegetation provision in the zone of influence requires inspection, which is done in the SED-1.

Gore made another motion to remove the entire zone of influence amendment from the zoning ordinance. Shelton seconded. The motion was adopted unanimously.

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