(A) Pursuant to G.S. § 160A-306, the setback requirements for any lot which abuts a street as classified below shall be measured from the proposed right-of-way line as listed if the existing right-of-way is of lesser width.
Street Classification | Distance from Street Center Line to "Proposed Right of-Way Line" |
Freeway or expressway | 125 feet |
Major arterial | 50 feet |
Minor arterial | 35 feet |
Major collector | 30 feet |
Minor collector | 30 feet |
(B) Whenever the proposed right-of-way is greater than the existing right-of-way along a particular street segment, the yard area established under the guidelines above can be used for any purpose allowed by the particular zoning district, except buildings and other permanent uses which are prohibited in the required yard. Required parking, if not able to be provided elsewhere on the lot, shall be considered a permanent use of the lot. At the time that the proposed right-of-way is dedicated or otherwise acquired for roadway purposes, the property owner shall be responsible for the removal of any uses from the right-of-way that would not otherwise be permitted. The property owner shall have one year from the date of right-of-way acquisition to remove any such uses.
(C) The area between the existing right-of-way and the proposed right-of-way line may not be used to satisfy any minimum open space, lot size or pervious surface requirement or any other minimum requirements imposed by this article.
(D) The standards within this section shall not apply to any lot within in the Town Center District.
(E) An affected property owner shall have the right to appeal transitional yard or setback requirements to the Board of Adjustment for variance or modification as they apply to a particular piece of property. The Board of Adjustment may vary or modify these requirements upon a showing that:
(1) The peculiar nature of the property results in practical difficulties or unnecessary hardships that impede carrying out the strict letter of the requirements and
(2) The property will not yield a reasonable return or cannot be put to reasonable use unless relief is granted and
(3) Balancing the public interest in enforcing the setback requirements and the interest of the owner, the grant of relief is required by considerations of justice and equity.
(F) In granting relief, the Board of Adjustment may impose reasonable and appropriate conditions and safeguards to protect the interests of neighboring properties. The Board of Adjustment’s decision shall be subject to review by the superior court by proceedings in the nature of certiorari in accordance with G.S. § 160D-1402.
(2003 Code, § 8-3.7.14) (Updated 2009) (Amended 6-1-2021)