(A) Generally.
(1) Every buildable lot created shall be capable of meeting the standards of this chapter.
(2) Every lot created shall have an assured and approved water supply and shall either have access to a public sewer or shall have the ability to sustain a septic tank system.
(3) Every lot created shall have recorded permanent access to a public road. No lot shall be created that is landlocked or that does not have permanent ingress or egress to the property.
(4) All lots in new subdivisions shall conform to the applicable zoning requirements.
(5) Where 2 or more non-conforming contiguous lots are combined to form a buildable lot, they shall be recombined and recorded prior to issuance of any permits.
(6) Lots shall meet any applicable County Health Department requirements.
(7) Lots with double frontage will be allowed where a permanent access restriction along the entire length of the secondary road frontage is furnished, shall be recorded on the subdivision plat and grading and/or landscaping shall be such that prohibits casual access on the secondary frontage.
(8) Every lot shall be appropriately sized and shaped for its intended use.
(9) No lot shall be created which contains a private access easement to another lot or adjoining property.
(10) Corner lots shall be of sufficient size to allow front yard setbacks on both sides adjacent to roads; except corner lots where 1 side is adjacent to an exterior street.
(11) For the purposes of determining the size of a lot, the net lot area will be used. The net lot area calculations shall not include road rights-of-way, private roads, access easements and other similar uses or easements which do not allow use of the land for other purposes (such as the location of a house or a drainage field for example).
(12) Peculiarly shaped elongations or protrusions shall not be formed solely to minimum net square footage required.
(B) Lot dimensions and standards. The size, shape and orientation of all lots shall be appropriate for the type of development proposed. Non-buildable lots shall be clearly denoted as such on all plats and plans and shall conform to the following.
(1) Conformance to other regulations. Every lot shall have sufficient area, dimension and street access to permit a principal structure to be erected or placed thereon in compliance with all existing ordinances of the county, except nothing shall prevent the developer from creating non-buildable lots, providing they are clearly denoted as such on all plats and plans.
(2) Minimum net lot area. Every lot shall have 50% of its total area of contiguous buildable area of a shape to hold a principal structure. The area shall lie at an elevation of 3 feet above the base flood elevation. Lots with constraints shall comply with the table in division (B)(7) below.
(3) Lot depth to width ratio. No lot shall have a depth greater than 4 times the width, except where:
(a) Wetlands, floodplains and/or slopes or any combination thereof in excess of 20% or conditions constituting more than 25% is located within the wetlands, floodplain or areas with slopes in excess of 20%;
(b) Irrevocable, permanent deed restrictions are placed upon the lot, and recorded on the face of the recorded plat, that will prohibit the lot from further subdivision; and
(c) Width shall be based on the average width of the lot.
(4) Side lot line configurations. Side property lines of lots shall be substantially at right angles or radial to street lines; except as in division (B)(6)(e) below or where natural topography would dictate otherwise.
(5) Lot lines and drainage. Lot boundaries shall coincide with natural or pre-existing manmade drainageways or other watercourses to the extent possible to avoid lots that can only be built upon only by altering the drainage ways or watercourses.
(6) Subdivision of existing lots or reduction in lot size.
(a) There shall be no subdivision of existing lots resulting in the separation of the well, septic tank or drainage field or replacement drainage field.
(b) There shall be no subdivision of existing lots resulting in non-compliance development, health or safety issues, and no non-compliance condition shall be increased. (Note: For lots with existing septic tanks, evaluations of lots for septic tank installation are based on the size, configuration and soil types of the existing lot. Changes to this lot size or configuration could render the evaluation and subsequent permit invalid.)
(c) Two or more existing contiguous lots combined under 1 ownership shall not be reduced in size if the reduction results in non-compliance development, health or safety requirements, nor shall any non-conformity be increased.
(d) Exemptions to division (B)(6)(b) and (B)(6)(c) above; these prohibitions shall not apply if the lot is reduced as a direct result of acquisition or condemnation proceedings by the county, city or state.
(e) There shall be no subdivision of an existing lot or lots resulting in an existing structure being located on parts of 2 or more lots.
(7) Lots with constraints or unzoned parcels.
(a) Minimum net lot area for property which is not zoned by the county or which has constraints shall be as follows.
1. Constrained lots are those on which 1 or more of the following characteristics are present on over 50% of the lot.
2. Partially constrained lots are those on which 1 or more of the following characteristics are present on over 25% of the lot but less than 50% of the lot.
3. Constraining characteristics of land:
a. Slopes over 20%;
b. Soils with a plasticity index greater than 48; or with rock within 3 feet of the surface; or with the water table within 1 foot of surface;
c. Floodway or floodplain of 100-year flood;
d. Wetlands; and
e. Water Supply Watershed Protection Area
4. Table:
Minimum Lot Size (In Square Feet) | ||||
Partially Lot Characteristics | Soils Report Constrained | Constrained | Unconstrained | Supported |
Minimum Lot Size (In Square Feet) | ||||
Partially Lot Characteristics | Soils Report Constrained | Constrained | Unconstrained | Supported |
WS-111-CA | 43,560 | 43,560 | 43,560 | |
WS-111-BW | 35,000 | 35,000 | 35,000 | |
WS-IV-PA | 35,000 | 35,000 | 35,000 | |
Public Water and Sewer | 20,000 | 15,000 | 10,000 | |
Only Public Sewer (Well or Community Well) | 40,000 | 30,000 | 20,000 | |
WS-111-CA | 43,560 | 43,560 | 43,560 | |
WS-111-BW | 40,000 | 35,000 | 35,000 | |
WS-IV-PA | 40,000 | 35,000 | 35,000 | |
Only Public Water | 60,000 | 45,000 | 30,000 | |
WS-111-CA | 60,000 | 45,000 | 43,560 | |
WS-111-BW | 60,000 | 45,000 | 35,000 | |
WS-IV-PA | 60,000 | 45,000 | 35,000 | |
Other Lots | 80,000 | 60,000 | 40,000 | down to 30,000* |
WS-111-CA | 80,000 | 60,000 | 43,560 | |
WS-111-BW | 80,000 | 60,000 | 40,000 | down to 35,000* |
WS-IV-PA | 80,000 | 60,000 | 40,000 | down to 35,000* |
NOTES TO TABLE: * - The Planning Director or his or her designee and the Vance County Department of Public Health may, in concert and only in full agreement, reduce the minimum lot size, where evidence is submitted to show, through use of soil testing by a certified soils scientist and/or other supportable data, that 40,000 square feet is in excess of the size required for adequate sewage disposal and where no proposed or existing well site would be jeopardized. The minimum lot size for construction in a Watershed Protection Area may be adjusted by whatever increment is judged appropriate by the Vance County Department of Public Health and the Planning Director or his or her designee. The minimum lot size shall not be reduced below 43,560 in Watershed Protection Areas with a WS-111-CA designation, below 35,000 in Watershed Protection Areas with a WS-111-BW or WS-IV-PA designation, below 30,000 square feet under any circumstances. No request for a reduction of lot size will be considered unless submitted with appropriate evidence. | ||||
(b) All minimum lot sizes without public sewer are subject to a larger minimum where required by the Vance County Health Department.
(8) Non-buildable lots. (See also divisions (A) and (B) of this section.) Nothing shall prevent the developer from creating non-buildable lots, provided they are clearly denoted as such on all plats and plans.
(9) Oversized lots. Whenever a subdivision includes 1 or more lots of the size that they may eventually be re-subdivided into smaller lots, the developer may be required to dedicate rights-of-way for future roads to provide access to areas of potential re-subdivision. The Planning Board may allow the dedication to be waived where irreversible deed restrictions prohibiting the re-subdivision have been or will be recorded with the final plat.
(10) Access to lots and driveways.
(a) All driveways and driveway entrances shall conform to the NCDOT “Policy on Street and Driveway access to NC Highways” for that portion within the public right-of-way.
(b) Driveways and driveway entrances onto approved private roads or private access easements shall require Vance County Planning Board approval.
(c) No lot shall be created that is landlocked or that does not have permanent ingress or egress to the property.
(d) Adequate access shall be provided to each lot, with a minimum driveway entrance width of 20 feet unless more is deemed necessary because of topographical conditions or street curvature.
(e) There shall be a minimum of 20 feet between driveways except that 2 properties may share a driveway centered on the shared property line.
(f) Development permits for a lot shall not be issued without ingress and egress shown on the plot plan and verification that vehicles shall be able to exit going forward. No occupancy permit shall be issued until the approved ingress and egress is constructed and operational.
(g) Driveways crossing known flood hazard areas shall be elevated to or above the 100-year flood plain. Lots with driveways located within a Special Flood Hazard Area shall, prior to obtaining any development permits, make provisions for access to the property during times of flooding, prior to obtaining any development permits.
(h) The size of driveway culverts allowed shall be based on calculation of the amount and velocity of flow of storm water in the channel. The minimum diameter shall be 15 inches. The ponding of additional storm water in a right-of-way, on individual property or the diversion of additional storm water to an adjoining property is expressly prohibited.
(Ord. passed 6-7-2004, § 408) Penalty, see § 10.99