(A) Introduction.
(1) Per G.S. § 160A-306, local govern-ments have the authority to:
(a) Classify all or a portion of the streets in their jurisdiction according to their size, present and anticipated traffic loads, and other similarly relevant characteristics; and
(b) Establish minimum distances that buildings and other permanent structures or improvements constructed along a class or type of street shall be set back from the center line of the existing or proposed major or minor thoroughfare.
(2) Accordingly, such regulations shall be applied to lots along any thoroughfare, or portions thereof, identified on the most recently adopted version of the Dallas Thoroughfare Plan, for which a functional design and surveyed centerline exists. The location of all such applicable thoroughfares (or portions thereof) shall be available for public review and inspection in the office of the lead planning agency (i.e., City of Gastonia) during normal business hours.
(B) Application.
(1) Said regulations shall apply if the functional design and surveyed centerline had been adopted by the town Board of Aldermen prior to submittal of the zoning permit application.
(2) The minimum yard or setback prescribed by each zoning district shall begin to be measured from a point 50 feet from the centerline of any major thoroughfare depicted on the Thoroughfare Plan, and 40 feet from the centerline of any such minor thoroughfare.
(3) A thoroughfare setback or yard shall also be established on all applicable lots where existing rights-of-way are not as large as herein prescribed (i.e. 50 feet on either side of the centerline). The thoroughfare setback area can be used for any use allowed in the underlying zoning district, except for those permanent uses which are prohibited in a required setback of yard area. Except whereas otherwise prohibited, the thoroughfare setback may be used to satisfy minimum lot size, off- street parking, and open space requirements.
(4) The standards contained in this section shall not apply to a development located on a lot in which such thoroughfare setback would normally be required which meets one or more of the following circumstances:
(a) A project which had a valid building permit in effect as of the effective date of this chapter where such permit allows for construction or development to take place within the required thoroughfare setback;
(b) A project which had an approval and valid site specific or phased development plan in place as of the effective date of this chapter where such development plan allows for construction to take place within the required thoroughfare setback.
(C) Appeal.
(1) An affected property owner shall have the right to appeal the thoroughfare setback requirements as provided herein to the Board of Adjustment for a variance to these regulations. The Board of Adjustment shall grant such a variance after having first conducted a public hearing and having determined that:
(a) The peculiar nature of the property results in practical difficulties or unnecessary hardships that impede carrying out the strict letter of these requirements; and
(b) The property will not yield a reasonable return or cannot be put to reasonable use unless relief is granted; and
(c) Balancing the public interest in enforcing the setback requirements and the interest of the owner, the grant of relief is required by considerations of justice and equity.
(2) In granting relief, the Board of Adjustment may impose reasonable and appropriate conditions and safeguards to protect the interest of neighboring properties. The public hearing shall be advertised in a manner prescribed by this chapter.
(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)