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Any lot of record existing before the adopted date of the ordinance from which this chapter is derived, which has an area or width which is less than required by this chapter, shall be subject to the following exceptions and modifications:
(1) Adjoining lots. When two or more adjoining lots with continuous frontage are in one ownership at any time after the adoption of the ordinance from which this chapter is derived, and such lots individually are less than the minimum square footage and/or have less than the minimum width required in the district in which they are located, then such group of lots shall be considered as a single lot or several lots of minimum permitted width and area for the district in which located. This does not apply to lots of record or to any lot in a subdivision which has received final approval from the county planning board. However, such lots must be at least one acre in area, unless served by a public water system, and must meet all county health department requirements.
(2) Lot not meeting minimum lot size requirements. Except as set forth in subsection (1) of this section, in any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of these regulations which has an area or width which is less than required by these regulations may be used as a building site for a single-family dwelling.
(3) Side yard requirements. Except as set forth in subsection (1) of this section, where a lot has a width less than the width required in the district in which it is located, then the zoning administrator shall be authorized to reduce the side yard requirements for such lot; provided, however, no side yard shall be less than five feet wide.
(Ord. of 7-10-2000, § 1.7)
The height regulations stipulated elsewhere in this chapter may be exceeded only where such structures are not intended for human occupancy, such as church spires, belfries, cupolas, domes, monuments, public water towers, observation towers and transmission towers, chimneys, smokestacks, conveyors, flagpoles, radio towers, masts, aerials, grain elevators, and similar structures which exceed the height limitations of this chapter.
(Ord. of 7-10-2000, § 1.8)
This section is intended to implement the provisions of G.S. 160D-108 and 160D-108.1 pursuant to which a statutory zoning vested right is established upon the approval of a site specific vesting plan approved after November 4, 1991. For the purpose of this section, a site specific vesting plan is defined as a plan of land development submitted to the county for purposes of obtaining a special use permit or land use permit, following the applicable procedures for each process established in the LDC. Notwithstanding the foregoing, neither a variance, a sketch plan nor any other document that fails to describe with reasonable certainty the type and intensity of use for a specific parcel or parcels of property shall constitute a site specific vesting plan. A zoning vested right is defined as a right pursuant to G.S. 160D-108 and 160D-108.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific vesting plan.
(Ord. of 7-10-2000, § 1.9; Amend. of - - )
(a) A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the board of commissioners, planning board, board of adjustment, or planning director, as applicable, of a site specific vesting plan. A zoning vested right is defined as a right pursuant to G.S. 160D-108 and 160D-108.1 to undertake and complete the development and use of property under the terms and conditions of an approved site specific vesting plan.
(b) The approving authority may approve a site specific vesting plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare.
(c) Notwithstanding subsections (a) and (b) of this section, approval of a site specific vesting plan with a condition that a variance be obtained, shall not confer a zoning vested right unless the necessary variance has been obtained.
(d) A site specific vesting plan shall be deemed approved upon the effective date of the approval authority's action or ordinance relating thereto.
(e) The establishment of a zoning vested right shall not preclude the application of any overlay zoning that imposes additional requirements but does not affect the allowable type or density of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the county, including, but not limited to, building, fire, plumbing, electrical and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific vesting plan upon the expiration or termination of the vested right in accordance with this section.
(f) A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific vesting plan, all successors to the landowner that established the zoning vested right shall be entitled to exercise such right while applicable.
(Ord. of 7-10-2000, § 1.9.1; Amend. of - - )
(a) Except as otherwise provided for in this section, an application for site specific vesting plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made.
(b) In order to obtain a zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the board of commissioners following notice and a public hearing as provided in G.S. 160A-108.1.
(c) In order for a zoning vested right to be established upon approval of a site specific vesting plan, the applicant must indicate at the time of application, on a form to be provided by the county, that a zoning vested right is being sought.
(d) Each map, plat, site plan or other document evidencing a site specific vesting plan shall contain the following notation:
"Approval of this plan established a zoning vested right under G.S. 153A-344.1. Unless terminated at an earlier date, the zoning vested right shall be valid until two years from date of issuance."
(e) Following approval or conditional approval of a site specific vesting plan, nothing in this chapter shall exempt such a plan from subsequent reviews and
approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.
(f) Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the development ordinance.
(Ord. of 7-10-2000, § 1.9.2; Amend. of - - )
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