§ 152.196 NOTES TO THE TABLE OF AREA, YARD, AND HEIGHT REQUIREMENTS.
   (A)   Note 1. Minimum size. No or existing at the time of passage of this chapter shall be reduced in dimension or area below the set forth herein. or created after the effective date of this chapter shall meet at least the established by this chapter, unless otherwise stated.
   (B)   Note 2. Carports. Carports of any type shall not encroach into the required  .
   (C)   Note 3.   for . If the average of existing on located immediately adjacent to and on both sides of the vacant , or within 100 feet, whichever is closer, is less than the minimum required depth, then the or his/her designee may grant an exception to the   requirement. In no manner shall the vacant  ’s be less than 50% its original required depth set back according to its zoning classification. In the event that the vacant   desires a greater reduction in the   than the exception allows, the may request a from the .
   (D)   Exception to height regulations. The following are exceptions to the height limitations contained in the schedule of Dimensional Requirements:
      (1)   The following are not included in the calculation of heights: (excluding television dishes), , , chimneys, , ventilators, water tanks, or other architectural embellishments (intended for ornamental purposes only) that are normally placed above the roof line of a . These height limit exceptions may include access and flooring only to the minimum extent necessary for safe maintenance and/or operation of the , may not be designed or used for human occupancy, for human habitation, or for , and may not contain furnishings. Structures allowed under this height exception require a issued by the and are permitted on the condition that they shall be available for inspection by the ordinance or his/her designee at any reasonable time in order to confirm compliance with this chapter.
   (E)   Note 5. and walls. 
      (1)   A permit shall be obtained prior to erection of a or wall in any district. No fencing shall be allowed to exceed the height of four feet in the nor exceed a height of six feet in the side or . In circumstances where the rear or of a newly subdivided parcel of land fronts a pre-existing roadway, , , , or parcel , the following height restrictions shall supersede those aforementioned: the height of any , wall or other barrier shall not exceed a height of four feet. Height should be measured from points directly below the . On a within the area formed by an isosceles triangle having legs of 25 feet in length from the intersection of the edges of the roadway surfaces or curbs, there shall be no obstruction to vision above a height of 32 inches above the average centerline of each . In cases where only one side of the is finished, that side shall face adjoining properties.
      (2)   Only conforming industrial and business land uses (with the exception of an O/I zone) may have a solid or open or wall erected to a maximum height of ten feet except as required by this chapter. An open or wall is one that has openings through which clear vision is possible from one side to the other on a horizontal plane, and such openings occupy 50% or more of the area of the or wall. A or wall that does not qualify as an open or open wall shall maintain a at entrances and exits of the site to provide an adequate as determined by the establishment of an isosceles triangle having legs of 35 feet in length on each corner side of said entrance or exit, and the same shall be applied to the corner of nonresidential which are characterized by a intersection.
      (3)    in residential districts not exceeding a height of six feet to be erected only in or shall be exempt from the and requirements of this chapter, provided that no exceeding a height of four feet will be constructed within 15 feet to any paved or soil or on any public . In all cases, the corner visibility provisions of this chapter shall be observed.
      (4)   Exception, that any “T” or “L” shaped may have a or wall in what is defined by the Unified Development Ordinance as the or as long as that or does not have a road or adjacent to the or of the .
   (F)   Note 6. .
      (1)    setbacks shall also apply to the placement of swimming pools.
      (2)   No accessory building or use shall be erected in any front yard, or within six feet of the rear lot line unless otherwise allowed by the following, or if the rear lot line abuts navigable waters, and it is therefore subject to the CAMA rules.
         (a)   Exception, that any “T” or “L” shaped lot may have accessory uses or structures in what is defined by the Unified Development Ordinance as the front yard or side yard as long as that front or side yard does not have a road or street adjacent to the front yard or side yard of the lot.
         (b)   Accessory structures may be constructed or placed in the front yard on residential lots two acres or greater and on flag lots provided that a special use permit is obtained, and the structure meets the required front and side setbacks for principal structures in the applicable zoning district.
         (c)   Double frontage lots in residential districts, including double frontage lots on a corner, will require a to construct or place accessory structures on the property.
   (G)   Note 7. Use of parkway areas. Along that portion of North Carolina Highway 24 that lies within the corporate limits (and ) of the Town of Swansboro, that portion of the highway that extends from the back of the curb for a distance of 12 feet behind the curb and perpendicular to the roadway (on both sides of the highway) shall be designated as the “parkway”. If the area behind the curb is less than 12 feet, the parkway area shall consist of the available area. The parkway area shall be kept open and clear for the passage of pedestrians, for the installation of sidewalks, and for roadside landscaping by public entities. Within the parkway area, no shall park vehicles, display merchandise, install or place signs or other structures (except those placed by state or local government), or otherwise obstruct the area in a manner that interferes with the public purposes of the parkway area.
   (H)   Note 8.   in the R-6 and R-6 SF Zoning Districts. Interior one, two, three and four   (including ) in the R-6 and R-6 SF zoning districts shall be at least five feet. Provided, however, that when the interior is less than eight feet, any after the effective date of this provision, July 19, 2011, must comply - for that portion of the that is less than eight feet from the side property line - with the fire resistive requirements set forth in Section R302 of the 2009 North Carolina Building Code.
   (I)   Note 9. Maximum square footage - , and/or substantial . , and/or substantial of a or shall not be built, erected and/or installed that exceeds 40,000 gross square feet (unless approved by a or through the conditional zoning process and utilizing a ). This will also include any repair, reconstruction, rehabilitation, addition, or other of a , the cost of which equals or exceeds 50% of the market value of the before the “” of the .
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006; Am. Ord. passed 7-15-2008; Am. Ord. passed 9-16-2008; Am. Ord. passed 8-17-2010; Am. Ord. passed 11-16-2010; Am. Ord. 2011-O7, passed 2-15-2011; Am. Ord. passed 7-19-2011; Am. Ord. passed 12-18-2012; Am. Ord. passed 2-28-2017; Am. Ord. passed 4-25-2017; Am. Ord. 2020-O6, passed 8-10-2020)