Sec. 32-127. Dimensional density and structure requirements.
   (a)   Dimensional requirements by district. The dimensional requirements table (Table 1 of this section) lists dimensional density maximums and minimum structure requirements for each zoning district.
   (b)   Corner visibility. No planting, fence or other obstruction to visibility at elevations of three to seven feet above street level shall be erected, maintained or allowed to exist within 15 feet of the intersection of any street right-of-way lines.
   Table 1: Dimensional Requirements
Residential:
Dimension Requirements for Dwelling Units
PD-1
PD-2
PD-2C
PD-3
PD-3C
PD-3C-1
PD-4
NC
Dimension Requirements for Dwelling Units
PD-1
PD-2
PD-2C
PD-3
PD-3C
PD-3C-1
PD-4
NC
Minimum Lot Size Square Feet
9,500
7,000
900
All References to Type I, II, III, IV, V, VI, VII, and VIII, lots in the PD-3 Zoning District shall refer to the Urban Code of the Harbour Association
400
5,000
20,000
9,500
Maximum Number of Dwelling Units per Acre (SF/MF)
4.6/14
6.2/14
14
14
8
2.1
4.6
Minimum Front Yard Setback (SF/MF)
35'/10'
10'/10'
10'
10'
10'
35'
30'
Minimum Side Yard Setback (SF/MF)
10'/0'
10'/0'
10'/0'
5'/0'
10'
10'
15'/0'
Minimum Side Yard Setback on Corner Lots
15'
15'
15'
15'
10'
25'
20'
Minimum Rear Yard
10'
10'
10'
5'
10'
10'
15'
Maximum Building Height (1) (SF/MF)
35'/45'
35'/45'
45'
50'
45'
35'
35'
Maximum Lot Coverage (2)
25%
30%
Minimum Dwelling Unit (3) Size: Square Footage
1,600
1,000
<900
<400
1,600
1,600
 
Harbour Lots
referenced in section 32-127, note (3)
 
Type I-V and VII & VIII Lots
Minimum Lot Size Square Feet
3,200
Type VI Lot
Minimum Lot Size Square Feet
900
Type I-V and VII & VIII Lots
(Maximum Units Per Acre)
13.61
Type VI Lot
(Maximum Units Per Acre)
48.4
 
Note:   For the Type I, II, III, IV, V, VI, VII, and VIII lots, for minimum lot size and applicable setbacks refer to the Urban Code recorded in those restrictive covenants for the Bald Head Harbour.
Non-Residential
 
Dimension Requirements for Non-Residential Units
PD-1
PD-2
PD-2C
PD-3
PD-3C
PD-3C-1
PD-4
NC
Minimum Lot Size Square Feet
9,500
7,000
900
400
400
5,000
20,000
9,500
Minimum Front Yard Setback
35'
10'
15'
Refer to Urban Land Code
0'
10'
35'
30'
Minimum Side Yard Setback
10'
10'
5'
0'
10'
10'
15'
Minimum Side Yard Setback on Corner Lots
15'
15'
10'
5'
10'
25'
20'
Minimum Rear Yard Setback
10'
10'
10'
0'
10'
10'
15'
Maximum Building Height (1)
45'
45'
45'
45'
50'
45'
35'
35'
 
   Note: For use of the above-referenced dimensional requirements table, the following rules shall apply:
   (1)   The building height is measured from the lowest natural point on the ground beneath a building and its attached structure to the highest point on its roof. Where any elevation beneath the building footprint falls below an elevation of five feet above mean sea level (amsl), the lowest elevation shall be considered five feet amsl.
   (2)   Up to 300 square feet can be screened porch provided roof of porch forms integral part of roof line of main structure.
   (3)   All references in this Table 1 of this section to Types I, II, III, IV, V, VI, VII, and VIII lots shall refer to the designation of such lots as set forth in those restrictive covenants for the Bald Head Harbour, recorded in book 697, page 267, and book 722 at page 952 of the county registry, and as shown on those maps of the same recorded in map cabinet S, page 142 and map cabinet U, page 157, map cabinet U, page 41, map cabinet U, page 66, and map cabinet S, page 300, of the county registry. N/A-Not applicable.
   (4)   Notwithstanding any provision to the contrary contained in this chapter, in zones PD-3 and PD-3C, to the extent that an automatic fire sprinkler system shall be installed in the primary living unit sought to be permitted for construction on any lot, encroachments as more fully described in this chapter shall be allowed in such setbacks. These encroachments shall include roof overhangs, bay windows, utility system enclosures or screens, fences, trellises, walkways, and similar appurtenant structures. Furthermore, should any garage (structure intended for storage of electric powered vehicles, whether or not inclusive of a crofter or other habitable space) include an automatic fire sprinkler system, the structure shall be allowed within the applicable setback. In no event shall any overhang or encroachment extend across any property line, or over any street right-of-way. A fire sprinkler system shall be defined and installed as per NFPA 13; 13 (R), 13 (D).
   (5)   Amendments to this chapter, dated January 22, 1999, shall not apply to any subdivision approval for residential cluster housing use, as to which all requirements of this chapter, as of the date of approval of such subdivision, shall be applicable.
(Ord. No. 29, § 8.7, 8-17-1991; Ord. No. 2006-1001, 10-20-2006; Ord. No. 2007-1001-2, 10-26-2007; Ord. No. 2021-0607, § 1, 6-28-2021)