Middleburg City Zoning Code
GENERAL PROVISIONS
§ 156.040 STREET ACCESS.
No building shall be erected on a lot which does not abut a street or have access to a street. Except in a business zone or in a planned project in a residential zone, a building may be erected adjoining a parking area or other dedicated open space with access to a street used in common with other lots.
(Ord. 39, passed 10-3-2011)
§ 156.041 REQUIRED YARDS NOT TO BE USED BY ANOTHER BUILDING.
The minimum yards or other open spaces required by this chapter for each and every building shall not be encroached upon or considered as meeting the yard and open space requirements of any other building.
(Ord. 39, passed 10-3-2011)
§ 156.042 RELATIONSHIP OF BUILDING TO LOT.
Every building hereafter erected, moved or structurally (structural, not cosmetic) altered shall be located on a lot. In no case shall there be more than 1 principal building and its customary accessory buildings on a lot, except in the case of a specifically designed complex of institutional, residential, commercial, or industrial buildings in an appropriate zone, in this circumstance the accessory structure(s) may be allowed and shall comply with § 156.051.
(Ord. 39, passed 10-3-2011)
§ 156.043 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, except for street widening. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Ord. 39, passed 10-3-2011)
§ 156.044 SUBSTANDARD LOT OF RECORD.
(A) When a substandard lot can be used in conformity with all of the regulations applicable to its intended use, except that the lot is smaller than the required minimum size for its zoning category, then the lot may be used as proposed as if it were conforming. However, no use requiring a greater lot size than the established minimum lot size for a particular zone is permissible on a substandard lot.
(B) When the use proposed for a substandard lot is one that conforms in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the authorizing agent or board by this chapter may issue a permit for the proposed use (Zoning Administrator, Board of Adjustment). The permit may allow deviations from the applicable setback requirements if it is found that:
(1) The property cannot reasonably be developed for the use proposed without such deviations;
(2) These deviations are necessitated by the size or shape of the nonconforming lot; and
(3) The property can be developed as proposed without any obvious adverse impact on surrounding properties or the public health or safety, based the determination of county planning staff and the property owner.
(C) For this section, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the substandard lot cannot practicably be constructed and located on the lot in conformity with the particular zoning category setback requirements. Financial hardship does not constitute grounds for finding that compliance is not reasonably possible.
(D) This section is applicable only to substandard lots of record (lots recorded in the Vance County Tax Office and Register of Deeds, prior to the effective date of this chapter, with no development. A lot is undeveloped if it has no substantial structures upon it.
(Ord. 39, passed 10-3-2011)
§ 156.045 ADJOINING AND VACANT LOTS OF RECORD.
If 2 or more adjoining and vacant lots of record are in a single ownership at any time after the adoption of this chapter and such lots individually have less frontage or area than the minimum requirements of the zone in which such a single lot or several lots are located, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter. For circumstances where such a lot that meets the provision and would be established as a non-buildable lot, such lot could be applicable for use for signage, septic system repair area, or open space upon review/approval by the Zoning Administrator.
(Ord. 39, passed 10-3-2011)
§ 156.046 ADDITIONAL ENVIRONMENTAL PROVISIONS.
In addition to the requirements of this chapter, all effluents and emissions into the air or surface or groundwater from new development permitted by this chapter including any land disturbing activity must be in conformity with all applicable federal, state, and county health and environmental quality regulations. Land development must also comply with all other applicable regulations, which also include floodplain, and watershed regulations. All applicable Health Department regulations shall apply.
(Ord. 39, passed 10-3-2011)
§ 156.047 CURB CUTS GIVING ACCESS TO PUBLIC RIGHT-OF-WAYS.
Construction of curb cuts for purposes of ingress or egress to property abutting a public right-of way shall be approved by the North Carolina Department of Transportation where said curbs affect access to state highways. Provision for all access work done on highway right-of-way is subject to approval by the Department of Transportation.
(Ord. 39, passed 10-3-2011)
§ 156.048 PROJECTION INTO PUBLIC RIGHT-OF-WAYS.
No private sign, structure, or other items shall project beyond an imaginary line drawn 10 feet from and parallel to the outer edge of the public right-of-way. Any projection into a public right-of-way, new or existing, shall be removed, with the exception of mailboxes (per compliance with US Postal Service regulations as applicable and North Carolina Department of Transportation regulations as applicable).
(Ord. 39, passed 10-3-2011)
§ 156.049 HEIGHT LIMIT EXCEPTIONS.
The height limitations contained in this chapter do not apply to spire, belfries, cupolas, antennas, water tanks, ventilators, chimneys, mechanical equipment penthouses, or other appurtenances required to be placed above the roof level and not intended for human occupancy.
(Ord. 39, passed 10-3-2011)
§ 156.050 CORNER VISIBILITY.
There shall be no planting, structure, fence, or other obstruction to visibility on any corner lot between 2 feet and 10 feet above the level of the center line of the street in a triangular area bounded by the street right-of-way line on such corner lots and a base line joining points along right-of-way lines 25 feet from the intersection right -of-way corner. Per the Vance County Subdivision Ordinance, Chapter 155 of this Code, the following applies for vehicular sight distance easements: triangular sight distance easements shall remain free of all structures, trees, shrubbery, driveways, and signs, except traffic control signs and shall be shown in dashed lines at all street intersections and so noted on the subdivision plat. Final determination of the location and extent of sight distance easements will be made by the jurisdiction in cooperation with the NCDOT District Engineer.
(Ord. 39, passed 10-3-2011)
§ 156.051 ACCESSORY STRUCTURES/BUILDINGS.
(A) (1) Accessory structures/buildings shall not be placed any closer to the front right-of-way than any portion of the dwelling. For all lots facing on more than one road, all accessory structures shall meet the front setback requirements for each road right-of-way. The following exceptions apply to this rule:
(a) Accessory structures located on properties containing five or more acres may be placed closer to the front setback than the dwelling, but may not be within the front setback stated for that zoning district.
(b) Accessory structures located on properties that border land owned by the U.S. Government under the control of the U.S. Army Corps of Engineers for the John H. Kerr Dam and Reservoir may be placed closer to the front setback than the dwelling, but may not be within the front setback stated for that zoning district.
(2) A survey showing all improvements and proposed improvements shall be presumptive evidence of compliance with this section.
(a) Minimum side setback: 10 feet;
(b) Minimum rear setback: 10 feet;
(c) Minimum setback from principal structure: 10 feet;
(d) Maximum building height shall not exceed 20 feet from mean roof height;
(e) In each zoning category, the maximum lot coverage - net area (built-upon area) shall be adhered to, inclusive of the principal structure, paving/driveways, and accessory structure/ buildings.
(f) No residential accessory structure shall be rented or occupied for financial purposes and shall not be used for human habitation.
(B) Accessory buildings not exceeding 50 square feet and used exclusively to house well and pump equipment may be permitted in front, side or rear yards, provided such accessory buildings are at least 5 feet from any property lines and do not encroach into any required easements or other site angles. An accessory building may be located on another contiguous or non-contiguous lot from the principal use with which it is associated, to the extent that the principal use itself would also be permitted on such lot.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 7-2-2018; Am. Ord. passed 5-6-2019)
§ 156.052 ACCESSORY USES.
(A) Pools. All pools, whether above-ground or in-ground, shall be built only in rear or side yards. The definition of a POOL shall include all structures, and walks or patio areas of cement, stone, or wood at or above grade, built for, and used in conjunction with the pool. A pool as defined above shall be included in the calculations of the total allowed lot coverage for the zoning category in which the lot is located. Pools, as defined above, shall be setback a minimum of 10 feet from all side and rear property lines. Patio area at grade has no setback requirements from rear and side lot lines. Pool shall be enclosed by a privacy fence, with a childproof gate, a minimum height of 4 feet and a maximum height of 8 feet. Pools located in rear yards on corner lots which are greater than 22,000 square feet shall be located in the rear yard opposite the abutting street, unless the rear yard is screened by a wall or privacy fence.
(B) Satellite dishes. Satellite dishes less than 20 inches in diameter may be located anywhere on a lot. All other satellite dishes shall adhere to the following:
(1) Satellite dishes shall be no larger than 8 feet in diameter.
(2) The maximum height shall be 15 feet unless the applicant can prove:
(a) A less intrusive location is not possible; and
(b) A higher location will improve reception.
(3) The dish must be installed and grounded properly.
(4) Satellite dishes shall meet all appropriate setbacks applicable to accessory structures and if located in a front yard shall meet the minimum setback requirements for that zoning category.
(5) Satellite dishes shall be screened from view with dense landscaping materials, fences, or other solid materials, to the extent that it does not impair reception.
(6) Satellite dishes shall not be located on a roof.
(C) Solar collectors. As an accessory use, solar collectors may be roof-mounted or freestanding, ground- or pole-mounted.
(1) Setbacks. All solar energy collectors, whether ground-mounted or mounted on an existing structure, shall meet all appropriate setbacks applicable to accessory structures and, if located in a front yard, shall meet the minimum setback requirements for that zoning category.
(2) Height. The height of the structure shall not be taller than the allowed height of a structure in the zoning district in which it is located. Ground- or pole-mounted solar energy systems shall not exceed 25 feet in height when oriented at maximum tilt. Solar collection devices shall not be included in computing lot coverage.
(Ord. 39, passed 10-3-2011; Am. Ord. 1-7-2013)
§ 156.053 OUTDOOR DISPLAY.
Outdoor display of merchandise for sale, which is normally required in conducting the commercial or industrial operation, is permitted in the appropriate zones. All nonconforming outdoor display existing on the effective date of this chapter, which does not conform to the requirements of this subchapter, shall be removed and/or brought into compliance within 12 months from the effective date of this chapter.
(Ord. 39, passed 10-3-2011)
§ 156.054 OUTDOOR STORAGE.
Outdoor storage of goods, equipment and material, including, but not limited to junk vehicles, junk appliances, trash collection areas or dumpsters, open air docks, outdoor storage of bulk materials and/or parts, or areas regularly used for outdoor repair areas or service stations, motor vehicle dealers, or inspection stations, but excluding temporary construction and related activities and closed bay docks, and other such items as trash, and other debris shall be regulated by this chapter. In the interest of safety to children and adjacent property owners, any approved outdoor storage shall maintain a buffer that conceals the stored materials from public view. The buffer shall be compact evergreen hedge or other type of evergreen foliage screening which shall reach the height of at least 8 feet at maturity, or shall be a combined fence and shrubbery screen. The buffer shall be maintained at a minimum of 8 feet in height and to be determined wide enough to adequately screen the use. Earth-berms, other topographical features and existing wooded areas may be accepted in lieu of the above requirements, if they conceal the use from public view. Fences shall be at least 8 feet, but no greater than 12 feet, must be opaque, and made of materials that are normally accepted in the fencing industry. Nothing in this section will preclude the county from enforcement against junk and abandoned vehicles as prescribed in the Vance County Abandoned Vehicle Ordinance, Chapter 94 of this Code. All nonconforming outdoor storage existing on the effective date of this chapter, which does not conform to the requirements of this subchapter, shall be removed and/or brought into compliance within 12 months from the effective date of this chapter.
(Ord. 39, passed 10-3-2011)
§ 156.055 SCREENING AND BUFFERING.
(A) A minimum of a 100 foot vegetative buffer (50 feet on each side) is required for development activities along all perennial waters indicated on the most recent versions of U.S. Geologic Survey (USGS) 1:24,000 (7.5 minute) scale topographic maps or as determined by local government resources. Desirable artificial stream bank or shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the use of stormwater best management practices (BMP's).
(C) New or expanding uses and other uses subject to this provision must provide a vegetative buffer along the property boundary that separates the proposed or expanding non-residential use and the existing residential use as a means to lessen the impact of non-residential use on the residential use. The buffer shall be a compact evergreen hedge or other type of evergreen foliage to be determined as adequate in width to screen the use, which shall reach the height of at least 8 feet within 3 years, or shall be a combined fence and shrubbery screen, with the shrubbery facing the residential use. It shall be maintained at a minimum of 8 feet in height thereafter. The fence shall be at least 8 feet, must be opaque, and made of materials normally accepted in the fencing industry. Earth-berms, other topographical features and existing wooded areas may be accepted in lieu of the above requirements, if they conceal the use from public view.
(D) Buffer strips.
(1) Whenever a buffer strip is required by this chapter, such strip shall meet the specifications of this section, unless other specifications are given in the section where the buffer strip is required.
(2) Buffer strips shall be required whenever an industrial, commercial, or any other nonresidential use is established adjacent to a different zone. Buffer strips shall be required on 3 sides (rear and side lot lines) of lot, unless a corner lot, then buffer is not required on any side lot line adjacent to a street right-of-way lot line. The front of the lot, except for ingress/egress, shall have 10 feet of landscaping, vegetative or natural that would not pose a hazard for vehicular traffic, but creates a natural looking front (if opaque or semi-opaque screening is used then this can be used in place of the 10 feet of landscaping). Refer to the example:
(3) Buffer strips shall become part of the lot(s) on which they are located, or in the case of commonly-owned land, shall belong to the homeowners or property owners association.
(4) Buffer strips shall be maintained for the life of the development. Maintenance shall be the responsibility of the property owner, or, if rented, the lessee.
(5) If a natural screen is already in place which will adequately fulfill the purpose of the buffer strip, the Zoning Administrator may, in writing, allow a substitution of all or part of this screen for the buffer strip. Written permission of the Zoning Administrator shall be obtained before removing an existing natural buffer in the location of the required buffer strip. If the natural screen is removed, then the buffer screen must comply with the buffer strip requirement.
(6) Where a planting screen cannot be expected to thrive because of intense shade or soil conditions, or where lot size will not allow a planted buffer, the Zoning Administrator may, in writing, allow the substitution of a well-maintained wood, masonry wall, or chain link fence with slats at least 8 feet in height in place of the planted screen.
(7) When such permission is granted in division (D)(6) above, the buffer strip may be used for driveway and parking so long as such use does not interfere with the 8 foot wall or fence, and no permanent building or structure is allowed to encroach on the buffer.
(E) Note for residential development adjacent to commercial/industrial development.
(1) Residential development shall, when feasible, incorporate a natural area as an undisturbed buffer (to be maintained in a natural vegetative condition, i.e. undisturbed trees, hedges, etc.) in order to provide a separation between residential development and commercial/industrial development.
(a) This buffer shall be a minimum of 15 feet surrounding the perimeter of any new development adjacent to other properties that are not within the new development (not inclusive of easements).
(b) This buffer shall be located within the established minimum setbacks as outlined in this chapter for the appropriate zoning category (not as an addition).
(c) If no open area exists prior to development, the developer shall not be required to plant a buffer as outlined in this division (E).
(d) Buffers and natural greenspace that may be included within to meet the requirements of this sub-section shall be included with the established homeowners association (HOA) for a subdivision and shall be maintained shall be maintained by the HOA.
(Ord. 39, passed 10-3-2011)
§ 156.056 LIGHTING.
All lighting must be directed away from adjacent property and roadways. Lighting shall be directed onto the individual owners' site only. Height regulations shall be determined as necessary by the Vance County Plan Review staff in complying with all appropriate state and national building codes. (Ord. 39, passed 10-3-2011)
§ 156.057 MANUFACTURED HOME FOR HARDSHIP.
For the purpose of this section, a MANUFACTURED HOME FOR HARDSHIP refers to dwelling units called MOBILE HOMES and are the same as defined in this chapter (inclusive of single-wide and double-wide units only) - a transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to enactment of the National Manufactured Home Construction and Safety Standards Act, which became effective June 15, 1976. A mobile home does not meet the criteria for a manufactured home. A recreational vehicle or travel trailer is not a mobile home.
(A) The owner of the lot of record shall be the applicant.
(B) The lot which contains the hardship mobile home shall contain existing single family dwelling and shall be an approved lot or an existing lot of record prior to the date of this chapter.
(C) The owner of the property shall submit proof that no private deed restrictions and/or covenants prohibit the placement of a mobile home on a lot.
(D) The proposed mobile home shall only be occupied by a relative of blood, by lineal family which shall include direct lineal descendants (children, grandchildren, great-grandchildren), direct lineal ascendants (father, mother, grandfather, grandmother), spouses, step child, step parents or adopted child of the owner of the property.
(E) The proposed hardship mobile home shall meet the minimum setbacks of the zone.
(F) A hardship mobile home shall only be permitted if a genuine hardship exists based on medical reasons. Written documentation such as a letter on professional stationary signed by the attending physician shall be submitted by the applicant. Should the services of health care professional for the stated hardship, said health care provider may reside in the mobile home for hardship.
(G) Only 1 hardship mobile home is permitted at a time, and each home must meet the minimum lot area in the zoning zone as a separate and individual use.
(H) The mobile home shall be removed from the property when the specified hardship ceases to exist (the mobile home shall not be rented or otherwise occupied by any other person once the hardship ceases to exist) within 6 months.
(I) Upon approval, the application for the hardship mobile home shall be reviewed 12 months from the date of approval and on annual basis thereafter to determine if the conditions under which the approval was granted remain in existence to warrant a continuation of approval for the hardship mobile home. NOTE: This application is a renewable permit that is separate from a zoning permit.
(Ord. 39, passed 10-3-2011)
§ 156.058 CLUSTER DEVELOPMENT.
Clustering of residential lots is a development alternative (for design, not as a use) intended to encourage more efficient subdivision design better suited to the natural features of the land than a conventional subdivision, by regulating lots based on lot density standards rather than minimum lot size standards and by requiring that part of the subdivision not devoted to lots and roads be set aside as open space. This allows a concentration of smaller lots on those parts of the subdivision best suited to accommodate development with the least negative impact. This type of development also allows smaller and less costly networks of roads and utilities, reducing the amount of impervious surface and stormwater runoff. In addition, the open space provided by clustering can offer recreational opportunities for the subdivision's residents, to conserve and protect natural areas and environmentally sensitive areas, and to preserve historic resources. See § 156.032(F)(1) and (2) in reference to cluster development in the Anderson Creek (WS-III) and Tar Pamlico (WS-IV) regarding lot sizes in these watersheds.
(A) (1) Cluster development design standards. Should cluster development be a selected design alternative, the following standards shall apply:
(a) Clustering of lots shall not be allowed on any tract of land less than 10 acres in size for single family residential (inclusive of stick built and modular homes) or for a combination of single family residential and townhouses). If the development is only townhouses then a small tract of 5 acres may be allowed for clustering.
(b) Should clustering be selected as a design alternative, the density requirements (for residential) and built upon area (open space) requirements for the zone in which the development is located shall apply. Clustering shall not increase the density of development. In watersheds, all development must comply with the built-upon restrictions.
(c) Should clustering be selected as a design alternative, the developer and county planning staff shall coordinate in a pre-development meeting to determine applicable incentives for utilizing the clustering provision.
(d) The maximum number of lots allowed within a cluster subdivision shall be equal to the site's total land area (acreage), less the street right-of-ways, divided by the minimum lot size of the non-clustered subdivision.
(e) Each lot shall be regularly shaped and have at least 40 feet of frontage on a private or public road meeting the standards of this chapter. Side lot lines extending from a road shall be approximately perpendicular or radial to the road or street.
(f) Open space requirements shall include that land within the subdivision site not contained in lots, streets, or utility easements, and shall be in one or more parcels dedicated or reserved as permanent open space.
(2) Open space requirements.
(a) The total area of parcels dedicated or reserved as permanent open space shall make up at least 20% of the subdivision. Open space shall be dedicated or reserved for 1 or more of the following uses:
1. Conservation of any identifiable natural hazard areas, such as floodways or wetlands;
2. Conservation and protection of identified significant natural areas, such as rare plant communities, important wildlife habitat, or other environmentally sensitive areas where development might threaten water quality of ecosystems;
3. Conservation and protection of any identifiable important historic resources;
4. Provision of active and/or passive outdoor recreation opportunities, either for the general public or for the subdivision residents,
5. Retention of productive farmland or forestland for continued agricultural and/or forestry use; or
6. Establishment of a conservation reservation on the remainder of the tract, for the life of the development.
(b) Highest priority for the location, design, and use of open space shall be given to conserving, and avoiding development in any natural hazard areas on the site. Open space shall contain such buildings, structures, access ways, and parking facilities as are necessary to its principal uses. The location, size, character, and shape of the required open space shall be appropriate to its intended use; active recreation shall be located and designed so its users can easily access it.
(3) Open space dedication or reservation.
(a) Land within the subdivision site not contained in lots, streets, or utility easements, shall be in 1 or more contiguous parcels dedicated or reserved as permanent open space for the life of the development. The title to the open space shall be conveyed to a property owners' association, homeowners' association, or other legal entity (public agency or nonprofit organization) that is capable of and willing to accept responsibility for managing the open space for its intended purpose.
(b) Each dedicated or reserved open space parcel shall be shown on all subdivision plans and on record plat recorded with the Vance County Register of Deeds, with a notation of its area and its intended open space use.
(4) Maintenance of open space. The owner of the open space shall be responsible for maintaining the open space so that it continues to effectively function for its intended use and any dedication or conveyance of an open space parcel shall provide for such responsibility.
(5) General design provisions for cluster development. Subdivisions located in watersheds shall be designed so that lots and development sites are concentrated in the upland areas and away from surface waters and drainage ways, and the undeveloped areas (open space) shall remain in a vegetated or natural state. Built-upon areas shall be sited and designed to minimize stormwater runoff impact to the watershed's receiving waters.
(a) Zero side and/or rear yard setbacks (for townhouse and/or condominium development): A zero side and/or rear yard setback as permitted herein within the cluster development only and does not refer to the setbacks that abut adjoining properties (and as relates to the sides of dwelling units that face open paces areas), may be permitted, subject to the following provisions:
1. Any wall, constructed on the side or rear lot shall be solid, with no doors or windows. Such wall shall contain no electrical, mechanical, heating, air conditioning, or other fixtures that project beyond such wall.
2. When applicable per North Carolina and National Building Codes a fire wall between units for townhouses and/or condominiums shall be incorporated.
3. If there is an offset of the wall from the lot line, such offset shall comply with the side yard setback requirements specified in § 156.032. Roof eaves may encroach 2 feet into the adjoining lot.
4. A 5 foot maintenance and access easement with a maximum eave encroachment easement of 2 feet within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance.
5. Where zero side or rear yard setbacks are proposed, the buildable area for each lot shall be indicated on the preliminary and final subdivision plat.
6. No structure may be located on more than 1 side lot line.
§ 156.059 ONLY 1 MAIN BUILDING/USE ON LOT, AND BUILDING ORIENTATION.
In all zones, every main building hereafter erected or altered shall be located on a separate lot, as defined in this chapter, and in no case shall there be more than 1 main building and permitted accessory building on the lot nor more than 1 main use (e.g., commercial, industrial, or residential) per building and lot; provided that this requirement shall not apply to uses permitted in the Table of Permitted Uses, § 156.033, within the same zone and located in the same building, nor to motels or manufactured home parks, nor to planned building groups approved by the Planning Board, nor to a bona fide farm use.
(Ord. 39, passed 10-3-2011)
§ 156.060 MINIMUM YARDS.
The minimum yards or other open spaces required by this chapter, including those provisions regulating intensity of use for each and every building hereafter erected or structurally altered, shall not be encroached upon or considered as meeting the yard or open space requirements or the intensity of use provisions for any other building.
(Ord. 39, passed 10-3-2011)
§ 156.061 LOT SUBDIVISION.
Subdivision of property into individual lots shall comply with the provisions of the Vance County Subdivision Ordinance, Chapter 155 of this Code and this chapter. No lot shall hereafter be so reduced in area as to cause any open space required by this chapter to be less in any dimension than is herein required by the minimum yard requirements of the zone in which the lot in question is located.
(Ord. 39, passed 10-3-2011)
§ 156.062 IMPROVEMENTS BOND.
No final certificate of occupancy/compliance for a commercial, residential, or manufactured home park or planned development will be issued until all required site improvements have been completed. In lieu of completion of required site improvements, the developer of the planned development may enter into a contract with Vance County providing for the installation of required improvements within a designated period of time. Performance of said contract shall be secured by a cash or surety bond which will cover the total estimated cost of the improvements as determined by Vance County.
(Ord. 39, passed 10-3-2011)
§ 156.063 GENERAL DEVELOPMENT REGULATIONS.
(A) Where a minimum lot width is specified in these regulations, it shall be measured at the building line (also called the building setback line, or setbacks).
(B) As attached to buildings, uncovered stairs, landings, terraces, porches, balconies, loading docks, and fire escapes may project into any yard, but such projection may not exceed 6 feet and may not be closer than 10 feet to any lot line, except where lots located adjacent to Kerr Lake are allowed a zero lot line setback from the US Army Corps of Engineers property line.
(C) Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments may project into any required yard, but such projection shall be at least 10 feet from any lot line, except where lots located adjacent to Kerr Lake are allowed a zero lot line setback from the US Army Corps of Engineers property line.
(D) Required open space cannot be used by another building or use. No part of a lot, yard, off-street parking area, or other required open space shall be reduced below the minimum required by this chapter. No part of a lot, yard, off-street parking area, or other open space required for a building or use shall be used to satisfy the requirements of another building or use. These prohibitions shall not be interpreted to prevent the granting of a variance, §§ 156.120 through 156.131, by the Zoning Board of Adjustment, §§ 156.150 through 156.158.
(E) Existing lots of insufficient size. Any lot of record existing when this chapter is adopted, which has an area or width which is less than required by this chapter, shall be subject to the following exceptions and modifications:
(1) Adjoining lots. When 2 or more adjoining lots with continuous frontage are in 1 ownership at any time after the adoption of this chapter, and such lots individually are less than the minimum square footage and/or have less than the minimum width required in the zone in which they are located, then such group of lots shall be considered as a single lot or several lots of minimum permitted width and area for the zone in which located. This does not apply to lots of record or to any lot in a subdivision which has received preliminary or final approval from the Vance County Planning Board. However, such lots must meet all Vance County Health Department minimum requirements.
(2) Lot not meeting minimum lot size requirements. Except as set forth in division (E)(1) above, in any zone in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of these regulations which has an area or a width which is less than required by these regulations may be used as a building site for a single family dwelling.
(3) Side yard requirements. Except as set forth in division (E)(1) above, where a lot has a width less than the width required in the zone in which it is located, then the Administrator shall be authorized to reduce the side yard requirements for such lot, however no side yard shall be less than 10 feet wide.
(Ord. 39, passed 0-3-2011)