(A) Minimum lot area.
(1) The minimum lot sizes set forth in this subchapter are permissible only if and to the extent that adequate water and sewer facilities are or can be made available to serve the lots. Where public water and sewer services are not available, a greater lot area may be required. The designation of "C" (use with conditions) or "S" (Special Use Permit required) will indicate this as may be required.
(B) Minimum lot width.
(1) The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with side property lines.
(2) No lot created after the effective date of this chapter that is less than the recommended width shall be entitled to a variance from any building setback requirement.
(4) Minimum lot width requirements for individual units in a condominium or townhouse project are waived. However, the development parcel must adhere to the minimum lot width requirements of the zoning district in which it is located.
(C) Building Height.
(1) The vertical distance measured from the average elevation of the proposed finished grade at the front of the structure to one of the following (see Figure 9.1: Building Height Measurement):
(a) The midpoint between eave and ridgeline on a simple sloped roof (e.g., gable or hip roof) or curved roof (e.g., barrel roof);
(b) Where there are multiple roof planes (e.g., gambrel or mansard roof), the highest midpoint on a sloped or curved roof surface or the highest flat roof plane, whichever is highest; or
(2 ) The highest roof plane on a flat roof (not including any parapet wall). Appurtenances usually required to be placed above the roof level and not intended for human occupancy (e.g., antennas, chimneys, solar panels) shall not count toward the building height.
(D) Lot access requirements.
(1) Subject to the remaining provisions of this section, every lot or parcel to be built upon shall abut a public or private street or a private easement and no structure shall be built upon a lot which does not about a public or private street or a private easement.
(2) Every lot or parcel shall have a driveway access that meets or exceeds the requirements of the NCDOT.
NOTE: Current NCDOT Requirement: A driveway with two-way operations shall have a minimum 20 foot and a maximum of 36-foot width. A driveway with one-way operation shall have a minimum 12 foot and a maximum 24- foot width. The need for wider driveways will be considered on a case-by-case basis only after justification of actual necessity, but should not exceed 50 feet. Policy on Street and Driveway Access to North Carolina Highways, July 2003.
(3) Lot access requirements for individual units in condominium and townhouse projects are waived. However, the individual units shall have right of access through common areas containing private streets and/or private drives.
(E) Building setback requirements.
(1) Setback distances shall be measured from the street right-of-way line, street centerline, or property line to a point on the lot that is the nearest extension of any part of the building that is
substantially a part of a building itself and not a mere appendage to it nor a building part allowed to encroach into a setback.
(2) Building setbacks from approved private streets shall be measured from the private street right-of-way, private street easement, or the boundary line of the common area reserved for the private street.
(3) Setbacks for flag lots and lots served by access easements shall comply with the requirements of the district in which they are located.
(4) Where 50% or more of the lots in a recorded subdivision on the same side of the block as the lot in question are developed with less than the required street setbacks, the average setback of the two principal buildings nearest that lot shall be observed as the required minimum setback.
(5) Deviations from the applicable setback requirements of this section may be made for nonconforming lots.
(F) Dimensional requirements for accessory buildings, structures and uses.
(1) Lots 20,000 sq. ft. or less. Only one accessory structure/building shall be permitted on lots of 20,000 sq. ft. or less.
(2) Lots greater than 20,000 sq. ft. Larger lots are allowed an extra accessory building/structure for each additional 30,000 sq. ft. provided that such accessory buildings/structures are a minimum of 30 feet apart from any other principal or secondary building/structures.
(3) Minimum setbacks. The following shall apply to accessory buildings, structures and uses:
(a) Minimum side setback: 10 feet.
(b) Minimum rear setback: 10 feet.
(c) Minimum setback from principal structure: 10 feet.
(d) Maximum building height shall not exceed 20 feet from mean roof height.
(4) Pump houses. Accessory buildings not exceeding 50 sq. ft. and used exclusively to house well and pump equipment may be permitted in front, side or rear yards, provided such accessory buildings are at least five feet from any property lines and do not encroach into any required easements or other site angles.
(5) Location on contiguous lot. An accessory building may be located on another contiguous or non-contiguous lot from the principal use with which it is associated, only to the extent that the principal use itself would also be permitted on such lot.
(6) Use for commercial purposes. Accessory structures shall not be used for commercial purposes unless properly permitted.
(7) Accessory structures and uses in residential districts. In all residential zoning districts, accessory structures and uses must be placed in back of or on the side of the principal structure on the lot and must meet the setback requirements for the applicable zoning district.
(8) Lot coverage. Accessory structures to a residential use shall not have a ground floor area which exceeds 50% of the ground floor area of the principal building.
(9) Expansion of nonconforming use not permitted. If a property is nonconforming under the zoning ordinance, then the addition of an accessory use or structure must not violate and restriction concerning the expansion or change involving the nonconforming features of the site.
(G) Encroachments into setbacks. The following encroachments, examples depicted in Figure 9-2 are permitted in required setbacks provided there is no interference with any sight area:
(1) Landscaping features, including but not limited to, ornamental pools, planting boxes, sculptures, arbors, trellises, and birdbaths;
(2) At grade patios, play equipment or outdoor furniture, ornamental entry columns and gates, flag poles, lamp posts, address posts, HVAC equipment, mailboxes, outdoor fire places, public utility wires and poles, pumps or wells, and fences or retaining walls; and
(3) Handicapped ramps.
(H) Visibility at intersections . No building, structure, wall, fence, shrub or tree shall be erected, maintained, or planted on any lot which will allow an obstruction in the horizontal or vertical sight distance area.
(I) Principal building per lot. No more than one principal building shall be permitted on a buildable lot or parcel unless otherwise specified in this chapter.