(A) Note 1. Special use requirements take precedence. Area, yard and height requirements as specified in the issuance of a special use permit shall take precedence over area, yard and height requirements as set forth in the Table of Area, Yard and Height Requirements.
(B) Note 2. Variance for prior lots of record. Notwithstanding the other setback provisions of this chapter, a building or structure may be constructed and occupied by one family on any lot recorded prior to adoption of this chapter and meeting all of the requirements of the Pasquotank County Sanitarian and maintaining minimum side yards of five feet, a front yard of 25 feet and a rear yard of 20 feet.
(C) Note 3.
(1) Corner lots. A minimum setback of 20 feet shall be maintained between any principal building and the side street. This requirement shall not be applied so as to reduce the building width of a residentially zoned corner lot of record at the time of passage of this chapter to less than 40 feet, nor to prohibit the erection of any accessory building where this requirement cannot reasonably be complied with as determined by the Board of Adjustment.
(2) Retaining walls. The setback and yard requirements of this chapter shall not apply to a retaining wall not more than five feet high, as measured from the lowest ground elevation to the top of the wall. The Board of Adjustment may permit a retaining wall greater than five feet height where it finds that due to the topography of the lot such a wall is necessary.
(3) Fences and walls and plantings. In residential zones, fences and walls not over four feet high may project into or may enclose any front yard. Side and rear yards may be enclosed by fences or walls up to six feet high. In the Industrial and Commercial zones a solid or open fence or wall may be erected to a maximum height of ten feet. However, no fence, wall, or plantings may be established on or in a public street right-of-way or within deeded drainage/utility easements as required by Albemarle Regional Health Services and Pasquotank County.
(4) Open storage. Any open storage not enclosed within the confines of a building, such as boxes, crates, trash-piles, machinery and merchandise with open display, that results from the commercial operation it is part of, shall be enclosed or hidden from view along any property lines adjacent to or in a residential zone by a wall, fence and/or screening. This provision shall apply in any commercial or industrial use abutting or within a residential zone.
(5) Accessory structures. Accessory structures (detached garages, storage buildings, swimming pools, etc.) to residential uses may be constructed provided:
(a) It shall not be located closer than ten feet to any adjoining lot line;
(b) It shall not be located within a deeded drainage/utility easement as required by Albemarle Regional Health Services or Pasquotank County;
(c) On a corner lot it shall not be located closer to the street side yard property line than one-half of the required front yard setback; and
(d) A minimum distance of ten feet shall be maintained between the residential structure and the accessory building. Carports and swimming pools are excluded from this requirement.
(6) Solar collectors. Roof-mounted or ground mounted solar collectors are permitted as an accessory use in all zoning districts. In order to be classified as an accessory use, the area of the system shall not exceed the footprint of the principal structure and shall meet the following requirements:
(a) Solar collectors shall be configured to avoid glare and heat transference to adjacent properties.
(b) The system shall not be located within ten feet of any side or rear lot line.
(c) Solar collectors located within a front yard shall meet the minimum setbacks required in § 157.120.
(D) Note 4. Structures excluded from height limitations. Chimneys, flag poles, steeples, water towers, observation towers, electrical transmission towers, communication towers, silos, and roof structures for housing stairways, heating and air conditioning equipment, ventilating fans or similar equipment may be erected without regard to the maximum height limitation. No structure may be constructed above the height limit herein specified for purposes of providing for human occupancy.
(E) Note 5. Exclusions from setback requirements.
(1) Signs.
(2) Utility lines and related appurtenances (water, sewer, electrical, cable TV, etc).
(3) Underground drain tile systems and sewerage drainage systems approved by Albemarle Regional Health Services.
(F) Note 6. Reduced lot width and front yard setback requirements.
(1) Lot width at front setback line. Subdivisions that have received sketch plan approval by the Pasquotank County Planning Board prior to January 1, 2001 shall be required to maintain a minimum 100 feet width at the front set back line.
(2) Front yard setback. Subdivisions that have received sketch plan approval by the Pasquotank County Planning Board prior to January 1, 2001 shall be required to maintain a minimum 30 feet horizontal distance from the street right-of-way line.
(G) Note 7. Minimum lot size for parcels with individual septic systems.
(1) Minimum 43,000 square foot lots are not required when the following criteria are met:
(a) Development site has been reviewed and approved for individual septic systems by Albemarle Regional Health Services prior to July 19, 2004.
(b) Development site is located in a zoning classification that permits development.
(2) In these situations development sites located in a R-15, R-15A, RMH-15, C-1 or O&I zoning classification lot sizes shall be a minimum 15,000 sq. ft.; in an A-1, R-25, R-25A, RMH-25, I-1, I-2, M-F or P-1 zoning classification shall be a minimum 25,000 sq. ft.; in a R-35A or RMH-35 zoning classification shall be a minimum 35,000 sq. ft.; and in an A-2 zoning classification shall be a minimum 40,000 sq. ft. Minimum lot sizes may be increased in each zoning classification based upon site evaluations by Albemarle Regional Health Services.
(H) Note 8. The height of residential structures shall be measured as the vertical distance from the lowest adjacent grade to the mid-point of the highest roof height.
(Ord. passed 6-21-2021)