(A) In order to regulate and limit the height and size of buildings, to regulate and limit the intensity of the use of lot areas; to regulate and determine the areas of open spaces surrounding buildings; to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses of the Town of Fairmont, the Town of Fairmont is hereby divided into zones of which there shall be several known as:
(1) R-A rural-agricultural residential;
(2) R-20 residential;
(3) R-15 residential;
(4) R-10 residential;
(5) R-8 residential;
(6) R-5 residential;
(7) R-MH mobile home park residential;
(8) C-B central business;
(9) G-B general business;
(10) N-B neighborhood business;
(11) G-M general manufacturing;
(12) H-D Historic Business District.
(B) Uniformity within districts. Except as authorized by the foregoing, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. For similar state law provisions, refer to G.S. § 160D-703(c).
(C) Standards applicable regardless of district. This chapter also includes development standards that apply uniformly jurisdiction-wide rather than being applicable only in particular zoning districts.
For similar state law provisions, refer to G.S. § 160D-703(d).
(D) Boundaries.
(1) The boundaries of the districts are shown on the map accompanying this chapter and made a part hereof entitled "Official Zoning Map, Fairmont, North Carolina." The zoning map and all the notations, references and amendments thereto, and other information shown thereon are hereby made a part of this chapter the same as if the information set forth on the map were all fully described and set out herein. The zoning map properly attested is posted at the office of the Town Clerk, and is available for inspection by the public.
(2) In the creation by this chapter of the respective districts, careful consideration is given to the peculiar suitability of each and every district for the particular uses and regulations applied thereto and the necessary and proper grouping and arrangement of various uses and densities of population in accordance with a well-considered comprehensive plan for the physical development of the community.
(E) Interpretation of district boundaries. When uncertainty exists as to the boundaries of any aforesaid districts as shown on the zoning map, the following rules shall apply: (Uncertainty shall be determined by the Board of Adjustment.)
(1) Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or railroad right-of-way lines or lines extended, center lines, street lines or railroad right-of-way lines shall be construed to be boundaries.
(2) Where district boundaries are so indicated that they approximately follow lot lines the lot lines shall be construed to be the boundaries.
(3) Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, highways or railroads or rights-of-way of same, the district boundaries shall be construed as being parallel thereto and at a distance therefrom as indicated on the zoning map. If no distance is given, the dimension shall be determined by use of the scale shown on the zoning map.
(4) Where a district boundary line divides a lot in single ownership, the district requirements for the least restricted portion of the lot shall be deemed to apply to the whole thereof, provided that the extensions shall not include any part of a lot more than 35 feet beyond the district boundary line. The term "least restricted" shall refer to zoning restrictions, not lot or tract size.
(5) Split-zoned parcels. Where a district boundary line divides a lot in single ownership, the requirements for the district in which the greater portion of the lot lies shall be extended to the balance of the lot, provided that such extension shall not include any part of such lot which lies more than 50 feet beyond the district boundary, and further provided that the remaining parcel shall not be less than the minimum required for the district in which it is located. Following adoption of this chapter, split zoning of parcels will not be permitted.
(Ord. 23-241, passed 7-18-2023)