A. General requirements.
1. Frontage. All lots shall front on a public or private street and have a minimum width at the street line of thirty (30) feet to accommodate all driveways, drainage facilities, and utilities in accordance with the City of Marion Standard Specifications and Detail Manual. Corner lots shall have an extra width of ten (10) feet to permit adequate setback from public and private rights-of-way.
2. Compliance with Zoning. The size, width, depth, shape, and location of lots shall be established with due regard to topographic conditions, and comply with applicable zoning district regulations.
3. Area. Lot sizes and building setback lines shall conform to the minimum lot area, minimum lot width, and minimum yard requirements set forth in the zoning district in which the subdivision is located.
4. Orientation of Lot Lines. Side lot lines shall be substantially at right angles or radial to street lines.
5. Corner Lot. Property lines at street intersections shall be rounded, with a radius of at least twenty (20) feet; a greater radius may be required by the City Council as part of its approval of the preliminary plat.
6. Double-Frontage Lot. Residential lots that front on more than one (1) street, other than corner lots, shall be avoided to the maximum extent possible. The creation of such lot shall only be permitted if necessary to allow a property owner reasonable use and benefit of parcel of land, which would otherwise cause extreme hardship. A request to create a new double-frontage lot shall be conducted in the form of a Variance pursuant to Sec. 16-9.4 of this chapter.
B. Flag Lot Requirements.
1. A flag lot shall be permitted if necessary to allow a property owner reasonable use and benefit of a parcel of land or to alleviate situations, which would otherwise cause extreme hardship for the owner. A flag lot may only be approved if it meets the following requirements, all other requests shall be conducted in the form of a Variance pursuant to Sec. 16-9.4 of this chapter.
2. Uses. A flag lot may contain only one single-family dwelling and its accessory structures.
3. Frontage. The flagpole section of the lot must have a minimum of 20 feet of street frontage on a public or private road and the adjoining conventional lot from which the flag lot is being subdivided must have a minimum of 50 feet of street frontage on a public or private road after the subdivision is complete.
4. Length. The entire length of the flagpole section of land shall not exceed 150 feet in length.
5. Size. The flagpole portion of the lot shall not be included in calculating lot size. The minimum lot size shall be consistent with zoning district where the subdivision will occur.
6. Driveway. The minimum driveway width for a flag lot is ten (10) feet.
7. Joint Access. Use of a single driveway to serve adjoining flag lots or to serve a flag lot and an adjoining conventional lot is permitted and encouraged. In the latter case, the preferred location for the driveway is on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole. All access easements shall be recorded in the office of the register of deeds in McDowell County.
8. Special Provision. A note must be placed on any plat for recording flag lots noting that the lot may not be further subdivided following the initial subdivision approval.
9. Access. Flag lots are not permitted where it will increase the number of lots accessing a collector or arterial street.
C. Blocks. The maximum and minimum lengths and widths of blocks shall be as follows:
1. Length. Block lengths shall not exceed one thousand five hundred (1,500) feet nor be less than four hundred (400) feet. If deemed necessary by the city council a pedestrian crosswalk of at least ten (10) feet in width may be required.
2. Width. Blocks shall have sufficient width to allow two (2) tiers of lots of minimum depth. Blocks may be one (1) lot in depth where single-tier lots are required to separate residential development from through vehicular traffic or nonresidential uses.
D. Sidewalks. Sidewalks shall be constructed with all new non-residential development on such streets the city council considers sidewalks to be necessary. Sidewalks, if constructed, shall be within the street right-of-way and installed in accordance with city specifications and standards.
E. Subdivision corner ties and monuments. Prior to the approval of the final plat, permanent reference points shall have been placed in accordance with the following requirements:
1. Subdivision corner tie. At least one (1) corner of the subdivision shall be designated by course and distance (tie) from a readily discernible reference marker. If a corner is within two thousand (2,000) feet of a U.S. Coast and Geodetic Station or state grid system coordinated monument or city limit marker, then this corner shall be marked with a monument so designed by computed X and Y coordinates which shall appear on the map with a statement identifying this station or monument. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifiable point, physical object or structure.
2. Monument. Within each block of a subdivision at least two (2) monuments designed and designated as control corners shall be installed. The surveyor shall employ additional monuments if and when required. All monuments.shall be constructed of concrete and be at least four (4) inches in diameter or square and not less than three (3) feet in length. Each monument shall have imbedded in the top and attached by a suitable means a metal plate of noncorrosive materials and marked plainly with the point, the surveyor's registration number, the month and year it was installed, and the word monument or control corner. A monument shall be set at least thirty (30) inches in the ground with at least six (6) inches exposed above the ground unless this requirement is impractical.
F. Property markers. A steel or wrought iron pipe or the equivalent not less than three-fourths inches in diameter and at least thirty (30) inches in length shall be set at all corners, expoint curve, point of intersection, property corner, point of tangency and reference point unless a monument has already been placed at such points. Additional markers shall be placed at other points as required.
G. Utilities. Storm sewers, waterlines and sanitary sewers shall be designed by a registered engineer and shall be approved by the city manager and public works director. Sanitary sewers and water mains shall be installed in accordance with city specifications and standards. No private water and sewerage systems will be accepted by the city unless they are installed according to city specifications and standards.
H. Building setback lines. The minimum setback from property lines shall comply with the development standards of chapter four of the UDO.
I. Easements. Utility and other easements shall be provided as follows:
1. Utility easements. Utility easements centered on rear or side lot lines shall be provided where deemed necessary by the city council and shall be at least fifteen (15) feet in width.
2. Crosswalk easements. A crosswalk easement of at least eight (8) feet in width shall be provided if required by the city council.
3. Watercourse and drainage easement. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.
J. Street Naming and Addressing. Street naming, addressing, and amendments to such shall be processed in accordance with the City of Marion Street Naming and Addressing Technical Manual. The latest edition of the City of Marion Street Naming and Addressing Technical Manual, including subsequent amendments and editions, as promulgated by the McDowell County Office of Emergency Management and the City of Marion is adopted by reference pursuant to § 160A-77. The adoption of said manual shall make it an administrative code of the City of Marion, and a copy of this manual shall be maintained for public inspection in the office of the city clerk pursuant to § 160A-77.
(Ord. No. O-21-06-15-5, §1, 6-15-21)