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SEC. 9-4-165 ZERO SIDE OR REAR YARD SETBACKS FOR DETACHED AND ATTACHED BUILDINGS OR STRUCTURES.
   (A)   A zero side or rear yard setback where the side or rear building line is on the side or rear lot line as permitted herein, may be permitted, subject to the following provisions:
      (1)   Any wall constructed on the side or rear lot line shall be a solid door less and windowless wall. Such wall shall contain no electrical, mechanical, heating, air conditioning or other fixtures that project beyond such wall. If there is an offset of the wall from the lot line, such offset shall be subject to the provisions of section 9-4-163 and/or section 9-4-164. Roof eaves may encroach two feet into the adjoining lot; provided, this provision shall not be construed or applied to affect private property rights of adjoining owners.
      (2)   A five-foot maintenance and access easement with a maximum eave encroachment easement of two feet within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance;
      (3)   No two units or structures shall be considered attached unless such units or structures share a five-foot common party wall; and
      (4)   Common party walls of attached units shall be constructed in accordance with the North Carolina State Building Code, G.S. Chapter 47C (North Carolina Condominium Act) and other applicable requirements.
(Ord. 09-99, § 7, passed 12-10-2009; Ord. No. 20-059, § 7, passed 10-19-2020; Ord. No. 21-032, § 1, passed 6-21-2021)