Pursuant to G.S. § 160D-702, the Town of Fairmont has not set a minimum square footage of any structures subject to regulation under the North Carolina Residential Code for One- and Two- Family Dwellings. This state adopted code applies exclusively to one- and two-family dwellings and townhouses and makes possible the incorporation of new materials and building designs, and provisions that do not give preferential treatment to particular types or classes of materials, products or methods of construction.
(A) A zoning regulation shall not set a minimum square footage of any structures subject to regulation under the North Carolina Residential Code for One- and Two- Family Dwellings. For similar state law provisions, refer to G.S. § 160D-702.
(B) Any regulation relating to building design elements adopted under this chapter may not be applied to any structures subject to regulation under the North Carolina Residential Code for One- and Two-Family Dwellings except under one or more of the following circumstances:
(2) The structures are located in an area designated as a historic district on the National Register of Historic Places.
(3) The structures are individually designated as local, state, or national historic landmarks.
(4) The regulations are directly and substantially related to the requirements of applicable safety codes adopted under G.S. 143-138.
(5) Where the regulations are applied to manufactured housing in a manner consistent with G.S. 160D-908 and federal law. For similar state law provisions, refer to G.S. Chapter 160D Article 72.
(6) Where the regulations are adopted as a condition of participation in the National Flood Insurance Program. For similar state law provisions, refer to G.S. § 160D-702.
(Ord. 23-241, passed 7-18-2023)