Nash County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE IX
ZONING
9-1.- ZONING DISTRICTS.
In order to achieve the purposes of this Ordinance as set forth, all property within the jurisdiction of Nash County is divided into districts with the designations and purposes listed in Sections 9-1.1 through 9-1.7. The minimum lot size specified for each zoning district in the descriptions below is the general requirement. Where public water and/or public sewer service is not available, a larger minimum lot size may be required by the Nash County Health Department, particularly if the lot is located within a designated public water supply watershed. See Article XII for specific requirements for properties located within a watershed protection overlay district or a flood hazard district overlay.
9-1.1.
Agricultural District.
(A)
A-1 Agricultural District. The A-1 Agricultural District is primarily intended to accommodate uses of an agricultural nature, including farm residences. It also accommodates scattered non-farm residences, including Class A and B, manufactured homes, on large tracts of land and manufactured home parks. The district is established for the following purposes:
(1)
To preserve and encourage the continued use of land for agricultural, forest and open space purposes;
(2)
To discourage scattered commercial land uses;
(3)
To encourage only those industries which are agricultural-related;
(4)
To concentrate urban development in and around growth areas, thereby avoiding premature conversion of farmland to urban uses;
(5)
To discourage any use which, because of its character, would create premature or extraordinary public infrastructure and service demands.
The minimum lot size in the A-1 District is 40,000 square feet.
9-1.2.
Residential Districts.
(A)
RA-40 Single-Family Residential District. The RA-40 Single-Family Residential District is primarily intended to accommodate low density single-family detached dwellings on large lots in areas without access to public water and sewer services and in areas where soil characteristics necessitate low density development. The RA-40 District is distinguished from the R-40 District in that Class A, B manufactured homes are excluded. The RA-40 District requires a minimum lot size of 40,000 square feet.
(B)
R-40 Single-Family Residential District. The R-40 Single-Family Residential District is primarily intended to accommodate low density single-family detached dwellings and Class A manufactured homes on large lots in areas without access to public water and sewer services and in areas where soil characteristics necessitate low density development. The R-40 District requires a minimum lot size of 40,000 square feet.
(C)
RA-30 Single-Family Residential District. The RA-30 Single-Family Residential District is primarily intended to accommodate low density single-family detached dwellings on large lots in areas without access to public water and sewer services and in areas where soil characteristics necessitate low density development. The RA-30 District is distinguished from the R-30 District in that Class A, B manufactured homes are excluded. The RA-30 District requires a minimum lot size of 30,000 square feet.
(D)
R-30 Single- and Two-Family Residential District. The R-30 Single- and Two-Family Residential District is primarily intended to accommodate low to medium density single-family detached, Class A manufactured homes, and two-family dwellings on large lots in areas without access to public water and sewer services and in areas where soil characteristics necessitate low to medium density development. The R-30 District requires a minimum lot size of 30,000 square feet.
(E1)
RA-20 Medium-Density Residential District. The RA-20 Medium Density Residential District is primarily intended to accommodate single-family detached dwellings in areas where public water and/or public sewer services are available or where soil characteristics allow for medium-density development. The RA-20 District is distinguished from the R-20 District in that Class A manufactured homes, manufactured home parks, two-family dwellings, boarding and rooming houses, and congregate care facilities are excluded. The minimum lot size in the RA-20 District is 20,000 square feet.
(E2)
R-20 Medium-Density Residential District. The R-20 Medium Density Residential District is primarily intended to accommodate single-family detached dwellings, Class A manufactured homes, and two-family dwellings in areas where public water and/or public sewer services are available or where soil characteristics allow for medium-density development. Manufactured home parks are also allowed in the R-20 District by special use permit. The minimum lot size in the R-20 District is 20,000 square feet.
(F)
RA-15 Medium Density Residential District. The RA-15 Medium Density Residential District is primarily intended to accommodate single-family detached and two-family dwellings in areas where public water and/or public sewer services are available or where soil characteristics allow for medium-density development. The RA-15 District requires a minimum lot size of 15,000 square feet.
(G)
R-15 Medium Density Residential District. The R-15 Medium Density Residential District is primarily intended to accommodate single-family detached dwellings, Class A manufactured homes, and two-family dwellings in areas where public water and/or public sewer services are available or where soil characteristics allow for medium density development. The minimum lot size in the R-15 District is 15,000 square feet.
(H)
R-10 High Density Residential District. The R-10 High Density Residential District is primarily intended to accommodate single-family detached dwellings, Class A manufactured homes, two-family dwellings, manufactured home parks, and multi-family dwellings at relatively high densities in areas where public water, sewer, and other urban services are available. A minimum lot size of 10,000 square feet is required in the R-10 District.
(I)
R-6 High Density Residential District. The R-6 High Density Residential District is primarily intended to accommodate single-family detached dwellings, Class A manufactured homes, two-family dwellings, manufactured home parks, and multi-family dwellings at relatively high densities in areas where public water, sewer, and other urban services are available. A minimum lot size of 6,000 square feet is required in the R-6 District.
9-1.3.
Office and Institutional District.
(A)
OI Office and Institutional District. The OI Office and Institutional District is primarily intended to accommodate office; public and institutional; business, professional, and personal services; limited support retail; and high density residential uses.
9-1.4.
Commercial Districts.
(A)
RC Rural Commercial District. The RC Rural Commercial District is primarily intended to accommodate limited retail, office, service, and medium density residential uses. The RC District is typically located in the intersection area of rural roads and is intended to provide moderate intensity shopping and services.
(B)
GC General Commercial District. The GC General Commercial District is primarily intended to accommodate a wide range of retail, service, office, and high density residential uses. The GC District is typically located with access to major thoroughfares and urban services. The GC District is intended to accommodate intensive commercial uses such as shopping centers, strip centers, and business parks as well as free-standing, highway-oriented business establishments.
9-1.5.
Industrial Districts.
(A)
LI Light Industrial District. The LI Light Industrial District is primarily intended to accommodate limited manufacturing, warehousing, wholesaling, and related commercial and service activities which have little or no adverse impact upon adjoining properties.
(B)
GI General Industrial District. The GI General Industrial District is primarily intended to accommodate a wide range of assembling, fabricating, and manufacturing uses. The GI District is established for the purpose of providing appropriate locations and development regulations for uses which may require special measures to ensure compatibility with adjoining properties.
(C)
PI Planned Industrial District. The PI Planned Industrial District is primarily intended to accommodate selected light manufacturing, wholesale, office, service, and support retail uses in a planned setting compatible with adjoining properties. The PI District is intended to provide suitable locations and development regulations for such uses as industrial parks, corporate parks, and employment centers.
9-1.6.
Conditional Use Districts. In addition to the general use zoning districts established in Sections 9-1.1 through 9-1.5, a corresponding Conditional Use District, bearing the designation CU, may be established in accordance with the provisions of Section 8-7. Accordingly, the following Conditional Use Districts may be designated upon approval by the Board of Commissioners of a petition by the property owners to establish a Conditional Use District:
A-1(CU), RA-40(CU), R-40(CU), RA-30(CU), R-30(CU), RA-20(CU) R-20(CU), RA-15(CU), R-15(CU), R-10(CU), R-6(CU), OI(CU), RC(CU), GC(CU), LI(CU), GI(CU), and PI(CU).
All regulations which apply to a general use zoning district also apply to the corresponding conditional use district. All other regulations which may be offered by the property owner and approved by the Board of Commissioners as part of the rezoning process shall also apply.
9-1.7.
Overlay Districts. Overlay Districts establish certain area regulations which are in addition to those of the underlying general use or conditional use districts. Property within a designated overlay district may be used in a manner permitted in the underlying general use or conditional use district only if and to the extent such use is also permitted in the applicable overlay district.
(A)
FHO Flood Hazard Overlay District. The FHO Flood Hazard Overlay District is intended to set forth regulations which will protect people and property from the hazards of flooding. These regulations are specified in Section 12-2.
(B)
AO Airport Overlay District (Reserved). The Airport Overlay District is intended to set forth regulations which restrain influences adverse to the property and safe conduct of aircraft operations in the vicinity of the Rocky Mount Wilson Airport, prevent conflict with land development that may result in loss of life or property, and encourage development which is compatible with airport use characteristics. The Airport Overlay District is comprised of several subareas, each having specific dimensional and height requirements, and development limitations. These regulations are specified in Section 12-6.
(C)
WP Watershed Protection Overlay Districts. The WP Watershed Protection Overlay Districts are intended to establish regulations for the protection of public drinking water supplies. The watershed protection overlay districts consist of three separate districts: the WPIII-BW Overlay District, the WPIV-CA Overlay District, and the WPIV-PA Overlay District.
(1)
The WPIII-BW Watershed Protection Overlay District consists of the remainder of the Toisnot Swamp public water supply watershed designated by the NC Environmental Management Commission which is located within the Nash County planning jurisdiction and which is adjoining and upstream of the WS-III critical area.
(2)
The WPIV-CA Watershed Protection Overlay District consists of that portion of the Tar River Reservoir public water supply watershed designated by the NC Environmental Management Commission which is located within the Nash County planning jurisdiction and which is located one-half mile from the normal pool elevation of the Tar River Reservoir or to the ridge line of the watershed, whichever comes first.
(3)
The WPIV-PA Watershed Protection Overlay District consists of those portions of the Tar River Reservoir, the Tar River, and the Fishing Creek public water supply watersheds designated by the NC Environmental Management Commission which are located within the Nash County planning jurisdiction and which are located 10 miles upstream from and draining to the public water supply intake on each respective water source or to the ridge line of the watersheds, whichever comes first.
The boundaries of the areas included in the watershed overlay districts are delineated on the official Zoning Map as defined in Section 9-2. Supplementary watershed overlay district standards are delineated in Section 12-1. (Ord. of 6-3-2019; Ord. of 9-23-2019)
9-2. - ESTABLISHMENT OF OFFICIAL ZONING MAP.
9-2.1.
Official Zoning Map. The Nash County Planning and Zoning Jurisdiction is hereby divided into zones, or districts, as established in Section 9-1. The official zoning map is the set of planimetric property tax map overlays as produced and maintained by the Geographic Information System mapping division of the Nash County Tax Department.
9-2.2.
Map Certification. The Official Zoning Map shall be identified by the signature of the Chairman of the Board of County Commissioners, attested by the Clerk, and shall bear the seal of Nash County, together with the effective date of this Ordinance.
9-2.3.
Map Changes. If changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map. Amendments to the Official Zoning Map shall be made utilizing the same procedures that apply to text amendments, as set forth in Article VIII.
9-2.4.
Unauthorized Changes. No changes in zoning district boundaries shall be made on the Official Zoning Map, except in conformance with the procedures set forth in this Ordinance. Any unauthorized change shall be considered a violation of this Ordinance.
9-2.5.
Map Location. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Nash County Planning Department, shall be the final authority as to the current zoning of property within the County's planning jurisdiction.
9-2.6.
Map Damage and Replacement. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Board of Commissioners may by resolution adopt a replacement Official Zoning Map which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant remaining parts thereof, shall be preserved, together with all available records pertaining to its adoption or amendment.
9-2.7
Replacement of Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The replacement Official Zoning Map shall be identified by the signature of the Chairman of the Board of County Commissioners, be attested by the Clerk, and bear the seal of Nash County.
9-3. - PERMITTED USES.
9-3.1.
Permitted Use Table.
(A)
Table of Permitted Uses. Within each zoning district indicated on the Official Zoning Map and subject to all requirements and conditions specified in this Ordinance, land, buildings, and structures shall only be used and buildings and structures shall only be erected which are intended or designed to be used for uses listed in the Table of Permitted Uses, Table 9-3-1. In the appropriate columns of Table 9-3-1 uses permitted by right in the various districts are indicated by a 'P', uses requiring a Special Use Permit are indicated by an 'S', uses permitted by right subject to meeting additional development standards as set forth in Article XI (Development Standards) are indicated with a 'D', and uses requiring a Conditional Use Permit are indicated by a 'C'.
P=Use permitted by Zoning Permit
D=Use permitted by Zoning Permit with development standards
S=Special Use Permit required
C=Conditional Use Permit required
(B)
Formulation of Permitted Use Table.
(1)
The Standard Industrial Classification Manual - 1987 was utilized in the preparation of this table and shall be referred to as a guide for purposes of interpretation by the Zoning Administrator. SIC codes are used to refer to SIC Classifications. Entries with 0000 in the Reference SIC column do not correspond to any classification in the SIC Manual.
(2)
When a use is not listed in the Permitted Use Table, the Zoning Administrator shall classify it with that use in the table most similar to it. The SIC Manual shall serve as a guide in classifying any unlisted use. If the Zoning Administrator should determine that a use is not listed and is not similar to a use in the Permitted Use Table, then said use is prohibited.
(3)
Rental and leasing of any commodity shall be permitted under the same classification and in the same districts as are sales of that commodity, unless rental or leasing of that commodity is listed separately in the Permitted Use Table.
(4)
If an industrial plant or facility involves two (or more) manufacturing activities with different SIC codes on the same zone lot, the industrial plant shall be permitted only in those zoning districts where the more restricted activity is permitted. (For example, an industrial plant preparing canned peanuts and also manufacturing the cans is allowed in those zoning districts permitting can manufacturing.)
9-3.2.
Permissible Uses Not Requiring Permits. Notwithstanding any other provisions of this Ordinance, no zoning, special use, or conditional use permit is necessary for the following uses:
(A)
Roads.
(B)
Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way. Communication towers located on government facilities and structures.
9-3.3.
Change in Use.
(A)
A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:
(1)
The change involves a change from one principal use category to another.
(2)
If the original use is a combination use, the relative proportion of space devoted to the individual principal uses that comprise the combination use changes to such an extent that the parking requirements for the overall use are altered.
(3)
If the original use is a combination use, the mixture of types of individual principal uses that comprise the combination use changes.
(4)
If the original use is a planned residential development, the relative proportions of different types of dwelling units change.
(5)
If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business). For example, if there is only one building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center-combination use) has not changed.
(B)
A mere change in the status of property from unoccupied to occupied or vice-versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.
(C)
A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.
9-3.4.
Combination Uses.
(A)
When a combination use comprises two or more principal uses that require different types of permits (zoning, special use, or conditional use), then the permit authorizing the combination use shall be:
(1)
A special use permit if any of the principal uses combined requires a special use permit.
(2)
A conditional use permit if any of the principal uses combined requires a conditional use permit.
(3)
A zoning permit in all other cases.
(B)
When a combination use consists of a single-family detached residential subdivision that is not a planned unit development and two-family or multi-family uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.
9-3.5.
Prohibited Uses. Within certain overlay districts some uses are specifically prohibited. The following uses are prohibited in the overlay districts listed.
(A)
WPIV-CA Watershed Protection Overlay District: The following uses are prohibited:
(1)
New landfills;
(2)
New sites for land application of residuals; and
(3)
New sites for land application of petroleum-contaminated soils.
(B)
WPIII-BW Watershed Protection Overlay District: The following uses are prohibited:
(1)
New discharging landfills.
(C)
WPIV-PA Watershed Protection Overlay District: The following uses are prohibited:
(1)
No uses are prohibited.
(D)
FHO Flood Hazard Overlay District: The following uses are prohibited in designated floodways:
(1)
Buildings, including manufactured homes; and
(2)
Any use that would cause any increase in base flood levels.
(E)
AO Airport Overlay District: (Reserved).
(Ord. of 7-12-2010, Amds. 4, 6; Ord. of 2-7-2011; Ord. of 8-1-2011; Ord. of 10-3-2011, Amds. 1, 3; Ord. of 11-4-2013; Ord. of 7-5-2016, § (1); Ord. of 11-4-2019)
9-4. - DENSITY AND DIMENSIONAL REQUIREMENTS.
Within the zoning districts as shown on the Official Zoning Map all of the following requirements shall be complied with:
9-4.1.
Agricultural and Residential Districts.
(A)
[Density and Dimensional Requirements.] The density and dimensional requirements for the Agricultural and Residential Districts are found in Table 9-4-1.
Notes: Setback distances shall be measured from the road right-of-way line or property line to a point on the lot that is the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it nor a building part allowed to encroach into a setback. (See Section 9-6.3.)
1. Where public water and or public sewer service is not available, a greater lot area may be required by the Nash County Health Department. For property located within a watershed protection overlay district, see Section 12-1 for additional minimum lot area requirements.
2. A corner lot shall be required to provide a street side setback of one-half the distance of the road right of way setback. Through lots shall have two road setbacks but no rear setback.
_____
(B)
Cluster Development.
(1)
Cluster Option: Cluster development may be used in districts which permit single-family uses as delineated in Table 9-4-2.
(2)
Development Standards: The objective of the cluster option is to place the houses in a development closer together and on smaller lots than would normally be permitted by the zoning district in which the development is located, and to place land which would otherwise have been included in private lots into public dedication or common area.
(a)
When cluster development is employed, all lot size and other dimensional requirements for single-family dwellings are decreased to comply with all requirements of a smaller lot zoning district as delineated in Table 9-4-2.
_____
(b)
The sum of those areas placed into common area as open space, or those areas dedicated as public open space in excess of any required dedication for such purposes, shall not be less than fifteen percent of the total area of the development.
(c)
Common areas shall be located within the development to:
i)
Preserve stands of trees, natural vegetation, lakes, steep slopes, historic sites or other significant features;
ii)
Provide common green space in the development for aesthetic purposes and pedestrian use;
iii)
Provide space for common recreation facilities and meeting places; or
iv)
Provide buffering from adjacent land uses of higher intensity.
(d)
Common area for open space shall be of usable dimensions and shall be accessible to all homeowners in the development.
(e)
Homeowners or property owners associations responsible for the maintenance and control of common access shall be established pursuant to Section 10-5.
(f)
Any open space areas proposed for public dedication shall follow the applicable procedural requirements established by Nash County.
(3)
Cluster Development in Watershed Protection Overlay Districts: Cluster development within all watershed overlay protection districts is allowed provided that the provisions of Section 12-1.6 are met.
(C)
Zero Side Setback.
(1)
Zero Side Setback Option. Zero side setback development may be used in any district, which permits single-family uses if the development contains ten or more contiguous lots. Where public sanitary sewer is not available, required septic system and repair area must be located within the same lot as the principal dwelling.
(2)
Development Standards.
(a)
Setbacks of zero feet are permitted only where the lots on both of the affected lot lines are part of a zero side setback development.
(b)
A wall and roof maintenance easement (five feet along one-story walls, ten feet along two-story walls) shall be provided on the opposite side of the zero setback lot line.
(c)
Whenever one side setback is zero, the minimum setback on the opposite side of the same lot shall be twice the minimum side setback required by this Ordinance for the zoning district in which the development is located.
9-4.2.
Nonresidential Districts.
(A)
Dimensional Requirements for Non-Residential Districts. Dimensional requirements for non-residential districts are shown in Table 9-4-3.
(B)
No lot created after the effective date of this Ordinance that is less than the lot width required in Table 9-4-3 shall be entitled to a variance from any building setback requirement.
(C)
Whenever a greater building setback is required by the NC Building Code, such greater setback shall be applicable.
(D)
Reserved.
(E)
Density and Dimensional Requirements, Nonresidential Districts Zero Side/Rear Setback.
(1)
Zero Side or Rear Setback Option. Zero side/rear setback development may be used in any nonresidential district which permits development without a rear setback, if the development contains two or more contiguous lots and is served by public water and sanitary sewer.
(2)
Development Standards.
(a)
Setbacks of zero feet are permitted only where the lots on both sides of the affected lot lines are part of a zero side/rear setback development.
(b)
Lot lines that constitute the exterior boundary of the zero side/rear development are not eligible for zero lot line development. Whenever a side lot line is part of the development's exterior boundary, and the opposite side setback on the same lot is zero, the setback on the external boundary side shall be twice the minimum setback required by this Ordinance for the zoning district in which the development is located. For corner lots, the minimum setback on the roadside shall be twice the interior side setback for the zoning district in which the development is located.
(c)
A wall and roof maintenance easement (five feet along one-story walls, ten feet along two-story walls) shall be provided on the both sides of a zero setback lot line.
1 For property located within a watershed protection overlay district, see Section 12-1 for minimum lot area and built-upon area requirements.
2 Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district and the property line setback applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to comply with the property line setback applicable to the adjoining residential lot.
3 A corner lot shall be required to provide a street side setback of one half (½) the distance of the road right of way setback. Through lots shall have two road setbacks but no rear setback.
4 Reserved.
5 No maximum building height. However, all building setbacks shall increase one foot for every foot in height between 50 feet and 80 feet. No additional setback is required for buildings greater than 80 feet in height.
Notes:
1. Permitted residential uses in nonresidential districts shall comply with the R-6 density and dimensional requirements outlined in Table 9-4-1.
2. Setback distances shall be measured from the road right-of-way line or property line to a point on the lot that is the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it nor a building part allowed to encroach into a setback. (See Section 9-6.3.)
3. Whenever a greater building setback is required by the NC Building Code, such greater setback shall be applicable.
_____
(Ord. of 5-7-2018; Ord. of 9-23-2019)
9-5. - ACCESSORY USES, BUILDINGS AND STRUCTURES.
The following requirements are for customary accessory buildings and structures. Other accessory buildings and structures containing specific accessory uses listed in Table 9-3-1 (Permitted Use Table) may have additional development requirements found in Section 11-4 (Development Standards for Individual Uses).
9-5.1.
Setback Requirements.
(A)
Road. No encroachment in the road setback is permitted.
(B)
Side and Rear. If the gross floor area (GFA) of the accessory structure or building is less than six hundred square feet, the structure or building may be located five feet from a side or rear line. If the GFA is six hundred square feet or greater, it must meet the setback requirements of the principal building(s). In either case, accessory structures can be no closer than five feet from any principal or other accessory structure. Structures which house livestock shall maintain a setback of one hundred (100) feet from the property line. A developable upstairs within the roofline of a single story A-frame accessory structure shall not be included when calculating the GFA to determine setback requirements.
9-5.2.
Location.
(A)
All Districts. Accessory structures and buildings may be in front of the principal structure but in no case may they encroach in the road building setback.
(B)
All Districts. No accessory structure or building except utility substations shall be erected in any easements.
9-5.3
Accessory uses, buildings and structures—Exceptions.
(A)
Structures that are built to contain livestock that are not considered a bona fide farm use are not required to be located on the same parcel as a principal building or structure; however, the structure must be for the use of the owner of the property. Livestock shall include but not be limited to horses, mules, cattle, sheep, goats, llamas, etc.
(B)
Structures including piers, boat docks, boat houses, boat slips and bulkheads shall be permitted on lots without an existing principal building or structure, provided that the structure must be for the use of the owner of the property. No connection to on-site water supply or sewer/septic facilities associated with for these structures shall be permitted without a principal building or structure located on the same lot.
(C)
Structures used for residential storage shall be permitted on lots without an existing principal building or structure, provided that the structure must be for the use of the owner of the property. No connection to on-site water supply or sewer/septic facilities for these structures shall be permitted without a principal building or structure located on the same lot.
(Ord. of 11-3-2014, § 1)
9-5.4.
Reserved.
(Ord. of 7-12-2010, Amd. 2; Ord. of 1-10-2011(2); Ord. of 11-3-2014, §§ 1, 2)
9-6. - SUPPLEMENTARY DIMENSIONAL REQUIREMENTS.
9-6.1.
(Reserved).
9-6.2.
Prevailing Road Setback. Where fifty percent or more of the lots in a recorded subdivision on the same side of the road as the lot in question are developed with less than the required road setbacks, the average setback of the two principal buildings nearest that lot shall be observed as the required minimum setback.
9-6.3.
Encroachments into Required Setbacks.
(A)
Encroachments Permitted in Required Setback. The following are permitted in required setbacks provided there is no interference with any sight area:
(1)
Landscaping features, including but not limited to, ornamental pools, planting boxes, sculpture, arbors, trellises, and birdbaths;
(2)
At grade patios, play equipment or outdoor furniture, ornamental entry columns and gates, flag poles, lamp posts, address posts, HVAC equipment, mailboxes, outdoor fire places, public utility wires and poles, pumps or wells, and fences or retaining walls;
(3)
Handicapped ramps.
(B)
Structures Permitted in Required Setbacks. The following structures may encroach into any required setback:
(1)
Cornices, steps, overhanging eaves and gutters, window sills, bay windows or similar architectural features, chimneys and fireplaces, fire escapes, fire balconies, and fire towers may project not more than two and one-half feet into any required setback, but in no case shall be closer than three feet to any property line; and
(2)
At grade, concrete or wood deck aprons that are part of a swimming pool with no structures such as a bath house may encroach into the rear setback 50% of the setback requirement.
Porches and decks may encroach into the required road and rear setbacks as follows:
_____
(C)
Canopy Projections. Gas station and convenience store pump island canopies may be located in the road setback provided that no equipment or part of a canopy is located closer than fifteen feet to a road right-of-way line if the pump island is parallel to the road right-of-way or 50 feet if the pump island is perpendicular to the road right-of-way.
9-6.4.
Easement Encroachments.
(A)
Utility Easements. In addition to the lines, boxes, structures, and substation buildings for which utility easements are intended, fences without foundations may be located within utility easements.
(B)
Drainage Maintenance and Utility Easements. Water-related improvements, such as boat docks, may be placed or constructed within drainage maintenance and utility easements with the approval of the utility provider having jurisdiction over the easement.
9-6.5.
Setbacks from Thoroughfares. Where proposed road alignments have been established, in accordance with an adopted Thoroughfare Plan, building setbacks shall be measured from the future right-of-way line of the proposed road.
9-6.6.
Setbacks from Private Roads. Building setbacks from approved private roads shall be the same distance as specified in Table 9-4-1 or Table 9-4-3 but shall be measured from the private road right-of-way, private road easement, or the boundary line of the common area reserved for the private road.
9-6.7.
Setbacks on Lots Served by an Access Easement.
(A)
Lots Served by an Access Easement. The easement portion of this type of lot shall not be used to calculate building setback. The lot line at the end of the easement portion lying generally parallel to the road to which the easement connects shall be considered to be the front lot line for road setback purposes.
9-7. - GENERAL LOT REQUIREMENTS.
9-7.1.
Principal Buildings Per Lot. Every building hereafter erected or moved shall be located on a buildable lot; and in no case shall there be more than one principal building and its accessory buildings on a buildable lot except as provided below.
(A)
Nonresidential Group Development. Two or more principal nonresidential buildings are permitted on a lot pursuant to a site plan approved by the Planning Board, provided that an access driveway is maintained to each building in passable condition for service and emergency vehicles.
(B)
Residential Group Development. Two or more principal buildings are permitted in a multi-family development pursuant to a site plan approved by the Planning Board, provided that an access driveway is maintained to each building in passable condition for service and emergency vehicles.
(C)
Manufactured Home Park. More than 3 principal buildings are permitted in a manufactured home park pursuant to a site plan approved in accordance with the provisions of Section 11-4.46.
(D)
Pre-existing septic tank lots. Lots with pre-existing septic systems approved under zoning regulations in existence prior to April 1, 1999, where the septic system and or well do not require major repair as defined by the Nash County Health Department, and the lot otherwise meets all other dimensional requirements of the zoning district except for the lot width.
(E)
Single-Family Residential Structures. Two or more principal single-family residential structures are permitted on a single parcel or tract subject to a site plan approved by the Planning Director. The site plan shall show that the parcel could potentially be subdivided so that each single-family residential structure could be located on its own lot that is equal to or exceeds the dimensional standards of the underlying zoning district (i.e., minimum lot area, minimum lot width, and building setbacks).
9-7.2.
Road Access Requirements.
(A)
Access to Public Road Required. Every lot shall abut and have direct access to a publicly maintained road, except as provided for in this Section. No building or structure shall be constructed, erected, or placed on a lot that does not abut and have direct access to a publicly maintained road, except as provided in this Section.
(B)
Dead-End Roads. For purposes of this Section the terminus of a dead-end road does not provide the required access to a publicly maintained road unless that terminus is a circular turnaround or other turnaround approved and constructed in conformance with Article X (Subdivisions: Procedures and Standards).
(C)
Single-Family Detached Cluster Development. Private roads may be used to meet access requirements for lots in single-family detached cluster developments and for single-family lots in planned unit developments, provided the development as a whole abuts and has direct access to a publicly maintained road.
(D)
Townhouse Developments. Individual parcels shall have right of access through common areas containing private roads and/or private drives at least twenty-four feet in width leading to a publicly maintained road. Individual parcels may have direct access to a publicly maintained road with Planning Board approval.
(E)
Manufacturing Home Park. Manufactured home park lots or spaces developed in accordance with Section 11-4.46.
(F)
Nonresidential Unified Development. Individual parcels, whether leased or sold, in a unified development shall have shared rights of access along private roads and/or along private drives at least twenty-four feet in width leading to a publicly maintained road. Maintenance of all private roads and private drives shall be a mandatory responsibility, running with the land, exercised by a single entity which shall be composed of one landowner, an Owners' Association, or all owners acting collectively pursuant to a binding agreement.
(G)
Exceptions. Special-purpose lots may provide access via easement in accordance with Section 9-9 (Special-Purpose Lots) and lots meeting the access requirements of Section 10-7.2(G).
9-7.3.
Unified Development.
(A)
Parking and Landscaping. A nonresidential unified development shall be treated as a single lot for purposes of providing required off-road parking and required planting yards, even if out parcels for sale are included within the development.
(1)
If the entire development meets the total off-road parking requirement, it is not required that each parcel provide all the required parking for the use thereon.
(2)
If required buffer yards are provided along the development perimeter, including road frontages, and requirements for parking lot planting are met, buffer yards are not required along property lines and lease lines between two parcels within the unified development.
(B)
Plat and Notice Requirements. If the owner of a development elects to organize it in a unified development, a plat shall be recorded displaying a prominent note identifying it as such and explaining that the property must be developed with common driveways and off-road parking and be subject to a common signage plan and a common landscaping plan. The note shall further state that should the property cease function as a unified development, the property will then be in violation of this Ordinance and shall be retrofitted with conventional parking and landscaping, even if doing so requires the removal of previously installed improvements.
9-7.4.
Water and Sewage Disposal Requirements. Every lot shall be served by a water supply system and a sewage disposal system that (i) is adequate to accommodate the reasonable needs of the proposed use of the lot and (ii) complies with all applicable health regulations.
(Ord. of 7-12-2010, Amd. 3)
9-8. - LOT SIZE REDUCTION PROHIBITIONS.
9-8.1.
Single Lot. No lot shall be reduced in size so that noncompliance with respect to any frontage, building coverage, area, built-upon area, width, setback, parking, buffer yard, or signage requirement of this Ordinance is created, nor shall any existing nonconformity or violation be increased.
9-8.2.
Buildable Lot. A buildable lot shall not be reduced in size so that noncompliance with respect to any frontage, building coverage, area, built-upon area, width, setback, parking, buffer yard, or signage requirement of this ordinance is created, nor shall any existing nonconformity or violation be increased.
9-8.3.
Exemption. These prohibitions shall not apply to county, municipal or state acquisition of land.
9-9. - SPECIAL PURPOSE LOTS.
Requirements of this Article with respect to road frontage, minimum lot area, and minimum lot dimensions shall not apply to lots for family or church cemeteries, public utility stations, wireless communication facilities, stormwater conservation easement areas, stormwater BMP lots owned by a property owners' association and similar utility uses. There shall be no habitable use of any structure located on a special purpose lot. Such lots shall comply with the requirements below. Also included as a special purpose lot is a lot created in a subdivision under ownership of the HOA intended for use of the owners of lots within the subdivision and invited guests. For this type of Special Purpose Lot, the minimum lot size shall be the minimum size for the zoning district in which the lot is located and permitted uses shall be uses associated with the residential subdivision such as swimming pools, picnic shelters, recreation areas, boat docks, etc.
9-9.1.
Minimum Size. The special purpose lot shall be permitted only after the Technical Review Committee has determined that the proposed lot has sufficient dimensions to accommodate the intended use and, where required by this Ordinance, buffer yards.
9-9.2.
Access Easement. If the special purpose lot does not have direct access to a public road, an easement for ingress and egress with a minimum width of ten feet shall be platted.
9-9.3.
Platting. The subdivision to create the lot shall be approved in accordance with Article X (Subdivisions: Procedures and Standards). The Final Plat shall label the lot as a "Special Purpose Lot for use as ________."