Sec. 36-70. Building site minimum dimensional requirements.

				Setbacks(g)
Zoning Classification		Lot Area (a)(g)	Lot Width at Building Site (b)(g)	Front Yard *	Side Yard	Rear Yard (d)	Rear Yard Open Space Percent of Lot (e)
R-1		10,000 s.f.	100 ft.	(c)	10 ft.	10 ft.	30%
R-1A		2 acres	100 ft.	(c)	10 ft.	10 ft.	30%
R-1B		1 acre	100 ft.	(c)	10 ft.	10 ft.	30%
R-1D		0.5 acre	100 ft.	(c)	10 ft.	10 ft.	30%
R-1C		0.5 acre	60 ft.	(c)	10 ft.	10 ft.	20%
R-2/R-3
	Single-family	14,000 s.f.	60 ft.	(c)	7 ft.	10 ft.	20%
	Two-family	18,000 s.f.	70 ft.	(c)	8 ft.	10 ft.	20%
	Three-family	24,000 s.f.	85 ft.	(c)	10 ft.	10 ft.	20%
	Four-family	29,000 s.f.	100 ft.	(c)	10 ft.	10 ft.	25%
R-4 (f)		10,000 s.f.		(c)	10 ft.	10 ft.
CN		10,890 s.f.	50 ft.	10 ft. (c)	10 ft.	15 ft.	none
CTC		10,000 s.f.	50 ft.	0 ft. (c)	0 ft. or 10 ft.	15 ft.	none
CG		21,780 s.f.	100 ft.	10 ft. (c)	12 ft.	15 ft.	none
M-1		2 acres	100 ft.	(c)	12 ft.	15 ft.	none
S-1		25 acres	100	35 (c)	35	35	none

 

   Maximum building height in any district shall be not more than 35 feet as measured from the average finished grade at building foundation line. The average finished grade is determined by adding the elevation of the highest corner of the proposed structure to the elevation of the lowest corner of the proposed structure and divide by two.

   *See definition of "setback" for streets with no right-of-way in section 36-5.

   (a)   Plus 2,000 square feet of lot area for each additional dwelling unit in excess of four.

   (b)   The lot width at the building site minimum dimensional requirements shall not apply to existing lots of record as of the effective date of the ordinance from which this chapter is derived. For any residential lot, lot width at street line shall be not less than 35 feet. For any commercial lot, lot width at street line shall be not less than 100 feet. Lot width at street line for the R-4 district shall be not less than 50 feet. Any lot abutting Lake Lure shall have a frontage along the lake of not less than 100 feet.

   (c)   For primary streets, the front yard setback shall be 40 feet from the centerline, but not closer than ten feet from any right-of-way line where such line exists. For secondary streets, the front yard setback shall be 35 feet from the centerline, but not closer than ten feet from any right-of-way line where such line exists. In all commercial districts, setbacks shall be measured from the right-of-way line, or where no right-of-way exists, from a point 15 feet from the centerline of the street. In most situations, the front yard lies between the building and the street. However, for lots which abut a lake, the lake side is also considered a front yard. In any zoning district, minimum setback from the lake is 35 feet measured from the shoreline.

   (d)   From the rear property line to the nearest building on that lot.

   (e)   Excluding any space occupied by an accessory building which may be located between principal building and rear lot line.

   (f)   Maximum building size for office: 3,000 square feet (heated area).

   (g)   The minimum lot area, lot width and yard requirements may be reduced in an approved conservation design subdivision provided that the zoning and planning board approves such reduction in accordance with section 28-77(3)c. The reduced setbacks shall be clearly stated on the final plat. If the reduced setbacks are not stated on the final plat, the standard setbacks noted in this section shall apply.

(Code 1989, § 92.040; Ord. of 1-25-1994; Ord. of 12-12-1995; Ord. of 11-26-1996; Ord. of 2-9-1999; Ord. of 4-10- 2007; Ord. of 8-12-2008; Ord. of 2-8-2011; Ord. of 12-9-2014; Ord. of 3-10-2015)