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Harnett County Unincorporated
City Zoning Code

ZONING AND

OVERLAY DISTRICTS

§ 153.080 ESTABLISHMENT OF DISTRICTS.

   (A)   In order to implement the intent of this chapter, there are hereby created 11 classes of districts with the designations of general purposes and regulations as stated below.
   (B)   The boundaries of these districts are established as shown on the “Official Zoning Map” (see § 153.081 for information on the zoning map):
      (1)   IND: Industrial District;
      (2)   LI: Light Industrial District;
      (3)   COMM: Commercial/Business District;
      (4)   O&I: Office and Institutional District;
      (5)   RA-20M: Residential/Agricultural District;
      (6)   RA-20R: Residential/Agricultural District;
      (7)   RA-30: Residential/Agricultural District;
      (8)   RA-40: Residential/Agricultural District;
      (9)   CONS: Conservation District;
      (10)   HCO: Highway Corridor Overlay District; and
      (11)   MCO: Military Corridor Overlay District.
(Ord. passed 10-17-2011)

§ 153.081 ZONING MAP.

   (A)   The map herein referred to, which is identified by the title, Official Zoning Map of Harnett County, North Carolina, shall be known as the zoning map. The map shall bear the adoption date of this chapter and the date of any subsequent map amendments. It shall be kept filed at the county’s Department of GIS and Land Records and shall bear the adoption date of this chapter and the date of any subsequent map amendments.
   (B)   Interpretation of district boundaries. When uncertainty exists with respect to the boundaries of any district as shown on the Official Zoning Map, the following rules shall apply.
      (1)   Boundaries along street, highway, or alley centerlines or right-of-way lines shall be construed as following such lines.
      (2)   Boundaries along railroad tracks shall be construed as being midway between the main railroad tracks.
      (3)   Boundaries along plotted property lines and municipal boundary lines shall be construed as following such lines.
      (4)   Boundaries indicated as following shorelines shall be construed to follow such shorelines and in event of change in the shoreline, shall be construed as moving with the actual shoreline.
      (5)   In the absence of established features, or lines, or specified distances on the zoning map, district boundary locations shall be determined by scaling the distance on the map.
      (6)   Where physical conditions existing on the ground are at variance with those shown on the zoning map, or in other circumstances not covered herein, the Board of Adjustment shall interpret district boundary locations.
      (7)   Where a district zoning boundary divides a lot, the Board of Adjustment may, as a special exception, permit the extension of either district into portions of the lot not to exceed 50 feet beyond the district boundary line.
(Ord. passed 10-17-2011)

§ 153.082 INDUSTRIAL DISTRICT - IND.

   The purpose of this district, Industrial (IND), is to promote and protect both existing industrial activities and potential sites which are considered suitable for industrial use, to prohibit uses of land which would substantially interfere with the continuation of uses permitted in the district, and to promote the operation of well-planned and maintained industrial facilities.
(Ord. passed 10-17-2011)

§ 153.083 LIGHT INDUSTRIAL - LI.

   The purpose of the Light Industrial District (LI) is to function as a transitional use between the more intense general manufacturing and industrial uses and other less intense uses.
(Ord. passed 10-17-2011)

§ 153.084 COMMERCIAL - COMM.

   It is the purpose of the Commercial/Business District (COMM) to accommodate the widest variety of commercial, wholesale, and retail businesses in areas that are best located and suited for such uses.
(Ord. passed 10-17-2011)

§ 153.085 OFFICE AND INSTITUTIONAL - O&I.

   (A)   Purpose. 
      (1)   The purpose and intent of the Office/Institutional District (O&I) is to establish procedural and substantive standards for the Planning Board’s review and approval of development on large tracts of land where the predominant use is to be college, university, hospital, clinics, public cultural facilities, offices for business and professional use, light manufacturing, and related functions.
      (2)   The objective of this section and the O&I District is to allow for growth and development while protecting the larger community, nearby neighborhoods, and the environment from impacts accompanying major new development. A key feature of this district is the preparation of a development plan that would allow the property owner, immediate neighbors, and the larger community to understand specifically what levels of development are being proposed, and what impacts would likely accompany the development, so that mitigation measures can be designed and implemented.
   (B)   Overview of development review procedures.
      (1)   Procedures in this zoning district are designed to facilitate:
         (a)   Articulation of development plans that involve multiple buildings in multiple locations over an extended time period on a given tract of land, as defined in a development plan; and
         (b)   Identification of total infrastructure needs for such proposed development as specified in a development plan and cumulative impacts resulting from full development as specified in a development plan.
      (2)   To this end, owners of property zoned O&I are required to prepare a development plan, as described in § 153.062 for review and approval by the Planning Board. For buildings that are included in an approved development plan, site development permits for individual buildings are to be issued by the Administrator, following a determination by the Administrator that such individual building plans are generally consistent with the Planning Board approved development plan.
      (3)   For development proposed within an O&I Zoning District that is not included in a Planning Board approved development plan, but is a minor change according to the provisions of this section, the Administrator may approve a change to the development plan and issue a site development permit.
      (4)   For development proposed within an O&I Zoning District that is not included in a Planning Board approved development plan and that cannot be considered a minor change to the plan according to the provisions of this section, in such development situations the applicant shall apply to the Planning Board for an amendment to the development plan.
(Ord. passed 10-17-2011)

§ 153.086 RESIDENTIAL/AGRICULTURAL DISTRICT - RA-20M.

   The RA-20M Residential/Agricultural District (RA-20M) is established primarily to support agricultural and residential development. Inclusive in such higher density residential developments may consist of single-family dwellings, multifamily dwellings, duplexes, and manufactured home parks.
(Ord. passed 10-17-2011)

§ 153.087 RESIDENTIAL/AGRICULTURAL DISTRICT - RA-20R.

   (A)   The RA-20R Residential/Agricultural District (RA-20R) is established primarily to support agricultural and residential development.
   (B)   Inclusive in such higher density residential developments may consist of single-family dwellings, multifamily dwellings, and duplexes.
(Ord. passed 10-17-2011)

§ 153.088 RESIDENTIAL/AGRICULTURAL DISTRICT - RA-30.

   The RA-30 Residential/Agricultural District (RA-30) is established as primarily a single-family residential and agricultural district, but includes occasional two-family and multifamily structures.
(Ord. passed 10-17-2011)

§ 153.089 RESIDENTIAL/AGRICULTURAL DISTRICT - RA-40.

   The RA-40 Residential/Agricultural District (RA-40) is established exclusively as a single-family residential and agricultural district.
(Ord. passed 10-17-2011)

§ 153.090 CONSERVATION - CONS.

   (A)   Purpose. The purpose of the Conservation District is to encourage the preservation of, and continued use of, the land for conservation purposes in its natural state, and to prohibit intrusive development of the land in areas with alluvial soils, perennial streams, or that are subject to flooding or considered wetlands.
   (B)   District dimensions. 
 
Water Body
District Shall Be Measured on Each Side from
Black River
300 ft. from center of river, north of intersection with SR 1552
Black River
200 ft. from center of river, south of intersection with SR 1552
Cape Fear River
500 ft. from water’s edge at normal flow
Other major creeks
200 ft. from each side of main channel
 
   (C)   Exemptions. Lots in subdivisions established prior to the date of adoption of zoning at the same location (July 18, 1988, June 5, 2000, June 18, 2007, or June 15, 2009) will be exempt from the no building requirements of the Conservation District, but shall adhere to the use and setback requirements of the RA-30 Zoning District, and all provisions of this chapter applicable to the District.
(Ord. passed 10-17-2011)

§ 153.091 HIGHWAY CORRIDOR OVERLAY DISTRICT - HCO.

   (A)   Purpose. It is the intent of the Highway Corridor Overlay District (HCO) to protect natural resources, provide landscape improvements, and enhance the overall appearance of the corridors identified. This district has development standards established to regulate development within a corridor. The Highway Corridor Overlay District standards, which apply to the entire length of a corridor becomes effective once a corridor has been studied, a plan adopted, and the area subsequently identified on the Official Zoning Map. Development standards from the Highway Corridor Overlay District apply to all parcels within 600 feet of the right-of-way on both sides of the street as shown on the Official Zoning Map, except in such instances in which the corridor width has been modified by the Board of Commissioners. In cases where a portion of a tract of land lies within the Highway Corridor Overlay District, the entire tract shall fall into the same regulation.
   (B)   Permitted and special uses. The permitted uses shall be the same as those in the underlying zoning districts. The special uses shall be the same as those in the underlying zoning districts.
   (C)   Architectural standards.
      (1)   Applicability.
         (a)   The following regulations shall apply to all new nonresidential structures and development site plan submittals located within the Highway Corridor Overlay Zoning District.
         (b)   Expansions shall comply with these regulations at such time that the expansion totals 50% or more of the existing building size. The total percentage of building expansions shall be combined over a five-year period. At such time that the percentage of building expansions reaches 50% or more of the original building size, these regulations shall be met for that part of the structure included in the expansion. In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five-year period.
         (c)   Conversions of structures formerly used for residential purposes and changes of uses shall comply with the regulations included herein.
      (2)   Building materials and colors.
         (a)   Front facades and exterior walls visible from the public right(s)-of-way shall be composed of at least 50% approved primary materials, listed below. Secondary materials may be used on building walls not visible from a public right(s)-of-way.
            1.   Primary building materials. The following materials shall be permitted as primary building materials. The material shall be permitted if the surface is constructed to simulate brick or stone and only as approved by the Administrator:
               a.   Brick;
               b.   Stone;
               c.   Fiber cement siding; and/or
               d.   Architectural concrete.
            2.   Secondary building materials. The following materials shall be prohibited as primary building materials but shall be allowed as secondary material along with the approved primary building materials or as primary elements on walls not required to meet these requirements. Secondary materials are not required. When used, no more than 30% of front facades and exterior walls visible from the public right(s)-of-way shall be composed of the materials listed herein:
               a.   Stucco;
               b.   Exterior insulation finishing system (EIFS);
               c.   Painted or stained concrete;
               d.   Metal; and/or
               e.   Split-face block.
            3. Supplemental building materials. The following materials shall be allowed as supplemental materials along with primary and secondary materials. Supplementary building materials are not required. When used, no more than 10% of exterior walls shall be composed of the materials listed herein.
               a.   Vinyl siding;
               b.   Cast concrete; and/or
               c.   Smooth-faced concrete.
            4.   Accessory structures. Building materials and colors on accessory structures shall be compatible with that approved for the primary structure. For example, canopies permitted as part of a gas station may use a combination of brick columns and a metal canopy that is similar in color to the primary structure.
         (b)   For purposes of this chapter, the term VISIBLE FROM THE PUBLIC RIGHT(S)-OF-WAY shall mean visible from any existing public right(s)-of-way or any right(s)-of-way intended for future dedication for public use. Additionally, for purposes of this section, only those public right(s)-of-way located within the Highway Corridor Overlay Zoning District shall be considered for compliance with these regulations.
         (c)   Two or more materials shall be combined on one facade; with the heavier material(s) being installed nearer to the ground or below other materials.
         (d)   The number of colors used shall be limited to no more than three discernable colors or ranges of complementary hues. The dominate color shall constitute a minimum of 60% of the facade, excluding windows, doors, and the like. Facade colors shall be of low reflectance earth tone, muted, subtle, and/or neutral colors. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high intensity, metallic, fluorescent, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entryways, architectural features, and public amenities so as to give greater recognition to these features.
      (3)   Building design, facades, and massing. 
         (a)   Facades shall include changes in wall plane, incorporating at least one change in wall plane, such as recesses and projections, along at least 20% of the length of the facade at a depth of at least 3% of the entire length of the building.
            1.   Buildings of 10,000 square feet or less shall include a change in wall plane for every 50 feet of length.
            2.   Buildings greater than 10,000 square feet shall include a change in wall plane for every 100 feet of length.
         (b)   Rooflines shall vary in height, material, treatment, direction, and the like and shall not extend in a continuous plane for more than 50 feet to reduce the scale of structures and to increase visual interest. Roof shape, such as flat, hip, mansard, or gable, and material shall be architecturally compatible with the facade elements of the rest of the building.
         (c)   Buildings with flat roofs or with roof pitches of 3:12 or less shall maintain a parapet wall along all walls visible from the public right(s)-of-way. Parapet walls shall have decorative cornices or caps.
         (d)   If roof cornices or caps have been removed or damaged on an existing building, renovations of such building shall include retaining, repairing, and replacing the roof cornices or caps, unless justification can be made to the Administrator as to why that is not feasible.
      (4)   Architectural standard design alternatives. Alternative design plans, building materials, landscaping, and/or construction techniques may be used when unreasonable or impractical situations would result from the strict application of architectural standards of this section. Such situations may result from unique site conditions, innovative design applications, and/or unified development design. The review and approval of architectural standard design alternatives shall be reviewed and decided by the Planning Board. All findings specified below for the granting of such a request with the architectural standard design alternatives shall be provided in writing and signed by the Administrator. One copy shall be provided to the applicant and another shall be retained as a part of the permanent record of the determination of the Planning Board. The following criteria shall be used in determining whether an architectural standard design alternative can be accepted by the Planning Board in lieu of meeting the requirements of this section:
         (a)   The proposal includes a clear and concise explanation of the specific standards that cannot be met and how the alternative methods proposed will achieve the intent of this section;
         (b)   The proposal represents the use of alternative methods and/or materials (including, but not limited to: building materials, massing, materials, and scale; orientation in relation to the public right(s)-of-way; facade treatment; landscaping; lighting; and open space) which will result in a development pattern which is equivalent to or greater than that required by this chapter;
         (c)   The proposed use and design alternative is compatible with adjacent land uses;
         (d)   The proposal is compatible with and will enhance the use or value of adjacent and area properties;
         (e)   The proposal is consistent with the intent of adopted county plans; and
         (f)   The proposed development standards are, in all other aspects, consistent with the intent and purpose of this chapter.
   (D)   Parking lot (off-street parking) landscaping.
      (1)   Parking lots, loading areas, and other vehicle use areas shall be planted with one tree and two shrubs for every ten parking spaces required.
      (2)   At least 65% of the required parking lot trees shall be large shade trees.
      (3)   Trees and shrubs shall be planted within 15 feet of the vehicle use areas.
      (4)   Developments containing 30 or more parking spaces, 50% of the trees and shrubs required shall be planted in islands or medians located within the parking lot.
      (5)   A consecutive strip of parking spaces shall include landscape islands every 20 spaces apart and at the ends of all parking rows.
      (6)   Landscape islands shall be grassed and mowed, covered with organic material (e.g., pine mulch), or a combination of the two.
      (7)   In calculating the number of trees and shrubs, standard rounding procedures shall be followed (e.g., one and one-half or greater will become two).
   (E)   Additional development standards.
      (1)   Driveways. Driveways serving a new development parcel shall be permitted in accordance with the standards of NCDOT; however, the county’s Planning Board and Board of Commissioners may require more strict standards as conditions of approval during the site plan review, if it is determined that the additional conditions may improve traffic movement and safety. Developers of nonresidential uses are required to share parking areas and driveways with adjoining developments. Also, no landscaping or structures shall be allowed near the intersections of driveways and streets that would impede safe vision of traffic. Subdivision of land with multiple smaller parcels having frontage on the roadway along the corridor will not be allowed. NCDOT and the county prohibit this type of development within the corridor. Development will be required to have shared access to the roadway as approved by NCDOT and the county.
      (2)   Outdoor storage. Outdoor storage, when permitted, shall be screened from view so that it is not visible from a right(s)-of-way or adjacent property(s). Any accessory outdoor storage area shall comply with the requirements set forth in § 153.158(B)(4).
      (3)   Signs.
         (a)   Business and other signs.
            1.   All business and other signs located within the Highway Corridor Overlay Zoning District shall comply with the regulations of this section, as well as with all other sign requirements of this chapter.
            2.   A minimum of one large and two small trees per detached sign on the property shall be planted, if not existing, within the perimeter planting strip.
         (b)   Outdoor advertising signs. No outdoor advertising signs shall be allowed within the Highway Corridor Overlay District or on any property(s) that are partially located within the Highway Corridor Overlay District, except in compliance with § 153.044.
(Ord. passed 10-17-2011; Res. passed 11-16-2020)

§ 153.092 MILITARY CORRIDOR OVERLAY DISTRICT - MCO.

   (A)   Purpose. 
      (1)   The main purpose of this district is to ensure the compatibility between air and exercise operations associated with local military installations occurring at varying hours and land uses on properties nearby, in terms of potential interference with safe aircraft operations, potential threats from falling aircraft, potential impacts of noise, and potential adverse impacts of other military operations and practices, such as small arms and artillery training and exercises, and prescribed or controlled burning of forested land.
      (2)   Compatibility of land uses is encouraged within the five mile area surrounding the local military installation to further the purpose of the installation, as well as to preserve the quality of life of surrounding property owners. Compatibility of surrounding land uses may encourage wildlife preservation and reduce potential interference of light pollution.
      (3)   Prescribed or controlled burning typically takes place on managed lands as a method of reducing the risk of catastrophic fires on those and adjacent lands. Potential adverse effects of controlled burning includes risk to smoke-sensitive individuals as well as reduced visibility on public right(s)-of-way.
   (B)   District dimensions. The Military Corridor Overlay Zone shall be identified as including those properties located either fully or partially within five miles of the jurisdictional boundary of a military base.
   (C)   Permitted and special uses. 
      (1)   The permitted uses shall be the same as those in the underlying zoning districts. The special uses shall be the same as those in the underlying zoning districts. Reasonable regulations within applicable aircraft noise zones, imaginary surfaces, and active airspace, are limited to the height of man- made structures, incompatible uses of land, and incompatible development activities.
      (2)   In addition to the standards set forth in this section, all uses and structures must comply with all other applicable local, state, and federal regulations, including Title 14, Part 77 CFR [Code of Federal Regulations]. Further, state level coordination is required for, but may not be limited to:
         (a)   Certain modifications to the zoning map or of permitted uses of land, if proposed within five miles of Fort Bragg (G.S. § 160D-601(b));
         (b)   Certain tall buildings and structures proposed within five miles of Fort Bragg (G.S. §§ 143-151.70 et seq.);
         (c)   Proposed wind energy facilities that require approval by the N.C. Department of Environmental Quality (G.S. §§ 143-215.115, et seq.).
      (3)   To the extent that there is a conflict between the terms of the RLUAC Coordination Agreement or this section and state law, state law shall prevail.
   (D)   Required review. To ensure compliance with G.S.§ 160D-601(b), notification to the military installation, by way of the Regional Land Use Advisory Council (RULAC) coordination agreement, shall be made on any adoptions or modifications to this section that may change or affect the permitted uses of land located within five miles of a military installation. In addition, notification shall be made to the military installation on any development projects, including but not limited to subdivisions, site plans, telecommunications towers, windmills, and special use permits, located within the same distance. The military installation, via RULAC, shall be afforded the opportunity to provide comment or analysis on such adoptions, modifications, or developments regarding compatibility. Any comments provided prior to the public hearing or other applicable final review shall be considered by the Board of Commissioners or approving body in rendering a final determination.
   (E)   Notification procedures. All plats for site plans and both residential and nonresidential subdivisions located within the Military Corridor Overlay Zoning District, including those for minor subdivisions and preliminary and final major subdivisions, shall include a statement indicating that such lots are located in the district. Further, the required statement shall indicate that homes within the overlay district may, from time to time, be subject to potential adverse effects of operations on the military installation.
(Ord. passed 10-17-2011; Res. passed 2-17-2014; Res. passed 11-16-2020; Res. 2021-35, passed 10-18-2021)

§ 153.093 DIMENSIONAL REQUIREMENTS.

   (A)   General requirements.
      (1)   Exemptions from minimum dimensional requirements. Lots for public utilities and private utilities for public purposes other than distribution lines, including, but not limited to, electric substations, telephone exchange buildings, and water towers, shall not be required to meet divisions (A)(2), (B), and (D) below. Applications for such shall include an accurate site specific plan using exempted requirements as development guidelines and shall note the purpose for which the lot is to be utilized.
      (2)   Lot requirements.
         (a)   Lot sizes, shapes, and locations shall be made with due regard to topographic conditions, contemplated use, and the surrounding area. Every lot shall front or abut a street for a distance of at least 80 feet except on the bulb of a cul-de-sac where 40 feet will be acceptable, unless specified otherwise in this chapter.
         (b)   Extending from the front property line to the rear property line, both side lot lines shall be substantially perpendicular to the street line.
         (c)   Double frontage or reverse frontage lots shall be avoided except where necessary to separate residential development from through traffic or nonresidential uses.
      (3)   Reduction of lot and yard areas prohibited. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
      (4)   Lot width and yards. Lot width shall be the length as measured at the front property line or right-of-way line except on the bulb of a cul-de-sac as specified herein. The diagrams below are provided to assist in interpreting definitions and regulations of lot width and lot yards.
      (5)   Front yard setback. 
         (a)   Length measured from the public right-of-way line to the structure (excluding steps). In cases where no public right-of-way exists, the measurement shall be from the access easement line; or, if no public right-of-way or access easement exists, the measurement shall be made from the property line.
         (b)   Front yards shall be devoted for sidewalks, grass, landscaping, and driveways.
      (6)   Rear yard setback. Length measured from the rear property line (excluding steps).
      (7)   Side yard setback. Length measured from the side property lines.
      (8)   Side yard setback, corner lot. 
         (a)   Length measured from the public right-of-way located along the side yard. In cases where no public right-of-way exists, the measurement shall be from the easement line.
         (b)   Accessory buildings on the side of the lot abutting the side street shall not be closer to the lot line abutting that side street than the distance specified for front yards of lots fronting on such side street.
      (9)   Measuring setbacks. Required setback distances are generally based on rectangular lots. Nonrectangular lots, lots with three sides or more than four sides, and other irregularly shaped lots require special measurement techniques to ensure proper separation between structures and property lines. The following is provided to aid in determining the appropriate location for measuring building setbacks on irregular lots. The Administrator is authorized to establish the front, rear, and/or side setback and property lines in cases of uncertainty. See § 153.151(A) for additional information regarding measurement of setbacks on properties located along public right(s)-of-way identified on the county’s comprehensive transportation plan.
         (a)   Front setback.
            1.   New lots. New lots shall be developed so that the minimum required front setback shall be maintained for the same distance back into the property and perpendicular to the front line.
            2.   Existing lots. Front setbacks on existing lots shall be measured from the right-of-way, easement, or front property line (as required by this chapter) unless the line does not meet the minimum lot width requirement. In such cases, the front setback shall be measured from a point on the lot, nearest the front line, that complies with the minimum lot width requirements of the zoning district in which it is located.
         (b)   Rear setback. On irregularly shaped lots, the rear setback is measured from an imaginary line that:
             1.   Is within the lot;
            2.   Is drawn at a point most distant from the front property line where the lot is ten feet in width;
            3.   Is parallel to the front property line; and
            4.   Extends across the entire width of the lot.
         (c)   Side setback. All property lines that are not front or rear property lines shall be considered side property lines for purposes of measuring setbacks.
      (10)   Building height, required. The maximum height of any structure shall be the same as required by the underlying zoning district unless otherwise stated herein. Buildings located within the rural center, employment mixed use, or compact mixed use land use classifications are exempt from the district height requirement if they conform to the following:
         (a)   Highest point of the building shall not exceed 85 feet; and
         (b)   Fire Code Official shall certify that the building is designed and equipped to provide adequate fire protection. All buildings that exceed maximum building height of 35 feet shall provide automatic sprinkler system in accordance with the North Carolina State Building Code.
   (B)   Residential zoning minimum dimensional requirements.
Zoning District
RA-40
RA-30
RA-20M
RA-20R
Zoning District
RA-40
RA-30
RA-20M
RA-20R
Connection to public water and/or sewer including any NCDOT right-of-way (square feet)
35,000
25,000
15,000
15,000
Maximum building height, required
35 ft.
35 ft.
35 ft.
35 ft.
Minimum front yard setback
35 ft.
35 ft.
35 ft.
35 ft.
Minimum lot area (square feet)
40,000
30,000
20,000
20,000
Minimum lot width
150 ft.
100 ft.
80 ft.
80 ft.
Minimum rear yard setback
25 ft.
25 ft.
25 ft.
25 ft.
Minimum side yard setback, corner lot
20 ft.
20 ft.
20 ft.
20 ft.
Minimum side yard setback, corner lot on major thoroughfare
35 ft.
35 ft.
35 ft.
35 ft.
Minimum side yard setback
10 ft.
10 ft.
10 ft.
10 ft.
 
   (C)   Residential minimum dimensional and amenity requirements for major subdivisions.
      (1)   Compatibility design concept. 
         (a)   The compatibility design concept has been established for the following purposes:
            1.   To protect rural character and agricultural lands;
            2.   To encourage compatibility between existing land uses and new development;
            3.   To provide for growth near infrastructure; and
            4.   To improve the quality of development through amenities.
         (b)   Compatibility development requirements are made up of four key components: zoning district, land use class, minimum lot size, and open space. The table below contains the regulations for this type of development. The subject property(s) for this use shall be compatible with the zoning district and land use class. The minimum lot size stated is only permitted if the required improvements indicated are met.
      (2)   Land use class. The land use classifications listed herein shall coincide with the county’s land use plan. Definitions of the classifications and further information shall be found in the county’s land use plan:
         (a)   PA: protected areas;
         (b)   ESA: environmentally sensitive areas;
         (c)   CDTA: compatibility development target areas;
         (d)   MCB: military corridor buffer;
         (e)   ARR: agricultural and rural residential;
         (f)   LDR: low density residential;
         (g)   MDR medium density residential;
         (h)   RC: rural centers;
         (i)   CMU: compact mixed use; and
         (j)   EMU: employment mixed use.
      (3)   Minimum lot size. While all lots shall not all be of equal size, lots within the development shall be equal to or larger than the indicated minimum lot size.
      (4)   Amenities and design standards. All of the criteria listed herein are subject to the regulations stated in §§ 153.150 through 153.164.
         (a)   Amenities. Amenities that shall be provided are indicated as such with a checkmark () and amenities that should be provided, but are not required, are indicated as such with a dash (-).
         (b)   Sidewalks. A checkmark and an asterisk (*) indicates that sidewalks shall be constructed on both sides of the street.
         (c)   Public utilities. Connection shall be provided to at least one public utility (either public water or public sewer) when indicated as such with a “1” and connection shall be provided to both public utilities (public water and sewer) when indicated as such with a “2”.
         (d)   Street pavement width. A minimum 50-foot right-of-way width shall be required, but it is recommended that a 60-foot right-of-way width be provided for all residential streets with curb and gutter and sidewalks.
         (e)   Streetscape buffers shall be required in all major subdivisions. Prime views and vistas shall be required for all subdivisions in which open space is provided. These requirements can be found in § 153.158.
         (f)   Perimeter buffer.
            1.   A perimeter buffer shall be required on all subdivisions with lots of 7,500 square feet or less, and shall be maintained as open space.
            2.   In no case shall this required buffer area be counted toward the minimum square footage requirement for individual lots.
            3.   Retaining existing vegetation is encouraged.
            4.   A minimum of a “Type A buffer”, as defined in § 153.158(A)(8)(b), shall be required.
      (5)   Compatibility design concept table.
Lot Width
Front Yard
Rear Yard
Side Yard
Corner Side Yard
Open Space
Street Trees
Sidewalks and Curb & Gutter
Public Utilities
Street Pavement Width
Required Perimeter Buffer
Lot Width
Front Yard
Rear Yard
Side Yard
Corner Side Yard
Open Space
Street Trees
Sidewalks and Curb & Gutter
Public Utilities
Street Pavement Width
Required Perimeter Buffer
RA-40 ZONING
LAND USE CLASS: LD, MDR, RC, CMU, EMU, ARR, ESA, PA
40,000 sq. ft. minimum lots
150'
35'
25'
10'
20'
0%
-
-
-
-
-
35,000 sq. ft. minimum lots
150'
35'
25'
10'
20'
0%
-
-
1
-
-
28,000 sq. ft. minimum lots
100'
35'
25'
10'
20'
10%
T
T
1
-
-
LAND USE CLASS: MDR, RC, CMU, EMU
21,000 sq. ft. minimum lots
100'
35'
25'
10'
20'
20%
T
T
1
-
-
17,500 sq. ft. minimum lots
80'
35'
20'
10'
10'
30%
T
T
2
29'
T
RA-30 ZONING
LAND USE CLASS: LD, MDR, RC, CMU, EMU, ARR, ESA, PA
30,000 sq. ft. minimum lots
100'
35'
25'
10'
20'
0%
-
-
-
-
-
25,000 sq. ft. minimum lots
100'
35'
25'
10'
20'
0%
-
-
1
-
-
20,000 sq. ft. minimum lots
80'
35'
20'
10'
20'
10%
T
T
1
-
-
LAND USE CLASS: MDR, RC, CMU, EMU
15,000 sq. ft. minimum lots
80'
30'
20'
10'
20'
20%
T
T
1
-
-
12,500 sq. ft. minimum lots
70'
25'
20'
10'
20'
30%
T
T
2
29'
T
RA-20R(M) ZONING
LAND USE CLASS: LD, MDR, RC, CMU, EMU, ARR, ESA, PA
20,000 sq. ft. minimum lots
80'
35'
25'
10'
20'
0%
-
-
-
-
-
15,000 sq. ft. minimum lots
80'
30'
20'
10'
20'
0%
T
T
1
-
-
12,000 sq. ft. minimum lots
70'
25'
20'
10'
20'
20%
T
T
2
29'
-
LAND USE CLASS: MDR, RC, CMU, EMU
10,000 sq. ft. minimum lots
70'
20'
15'
5'
15'
20%
T
T
2
29'
T
-: OPTIONAL | T : REQUIRED | 1: PUBLIC WATER OR SEWER | 2: PUBLIC WATER AND SEWER
   
   (D)   Nonresidential zoning minimum dimensional requirements.
Zoning District
IND
LI
COMM
O&I
CONS
HCO
Zoning District
IND
LI
COMM
O&I
CONS
HCO
Maximum Building height, unless otherwise permitted
35 ft.
35 ft.
35 ft.
35 ft.
35 ft.
UD
Minimum front yard setback
50 ft.
50 ft.
35 ft.
DP
35 ft.3*
50 ft
Minimum lot area (square feet)
43,560
43,560
30,000
DP
30,000
UD
Minimum lot width
150 ft.
150 ft.
100 ft.
DP
100 ft.
UD
Minimum rear yard setback
25 ft.1*
25 ft.1*
25 ft.
DP
25 ft.3*
UD
Minimum side yard setback
0 ft.1*
0 ft.1*
0 ft.2*
DP
10 ft.3*
UD
Minimum side yard setback, corner lot
25 ft.1*4*
25 ft.1*4*
20 ft.4*
DP
20 ft.
UD
1* shall mean the listed requirement stands unless adjacent property is zoned residential; then the setback shall be 50 feet.
 
2* shall mean the listed requirement stands unless adjacent property is zoned residential; then the setback shall be 20 feet.
 
3* shall mean that the listed requirement stands and applies to single-family dwellings with exception that when the single-family dwelling yard is located adjacent to the rivers or creeks (listed below) the yard requirement shall be as follows:
 
   Minimum yard for Cape Fear: 250 ft.
 
   Minimum yard for Black River: 150 ft.
 
   Minimum yard for other creeks: 100 ft.
 
4* shall mean the listed requirement stands unless the lot is adjacent to an access easement and/or private street; then the setback shall be 15 feet.
 
UD shall stand for “Underlying Zoning District” meaning that, where indicated, the regulations of the underlying zoning district shall prevail.
 
DP shall stand for “development plan” meaning that, where indicated, the regulations for the specified item shall be stated in the required development plan in accordance with § 153.066(C)(2).
 
   (E)   Nonresidential minimum dimensional and amenity requirements for major subdivisions. Nonresidential major subdivision shall meet the requirements of this chapter for residential major subdivisions, except in the following cases.
      (1)   All lots shall meet the standard minimum lot size of the zoning district in which they are located.
      (2)   Concrete curb and gutter shall be required.
      (3)   Sidewalks shall be required on all lots. The final subdivision plat shall include a notation regarding maintenance of sidewalks.
      (4)   At least one public utility, either water or sewer, shall be available.
      (5)   (a)   When located adjacent to a residential zoning district, a perimeter buffer shall be required, as required by this chapter.
         (b)   The buffer shall be installed prior to approval of the final subdivision plat.
         (c)   Specific uses may require additional buffering or screening at the time of site plan review.
(Ord. passed 10-17-2011; Res. passed 6-18-2012; Res. passed 3-21-2016; Res. passed 6-18-2018; Res. passed 7-15-2019)