a.   In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these regulations. Except as hereinafter provided, these regulations shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easements, covenants, deed restrictions or other agreements between parties. Wherever the provisions of these regulations impose greater restrictions upon the use of land or buildings or require a larger percentage of lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits or any easements, covenants, deed restrictions or other agreements between parties, the provisions of these regulations shall govern.

   b.   All of the provisions of this part are hereby made applicable to the erection, construction and use of buildings by the State of North Carolina and its political subdivisions (G.S. § 160A-392).

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-2021)

   No land, building or structure shall be used, no structure shall be erected, and no existing structure shall be moved, added to, enlarged or altered, except in conformity with these regulations.

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-2021)

   There shall be no more than one principal use upon any lot in a residential zone.

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-2021)

   No lot shall be reduced or changed in size so that the total area, minimum frontage, front, side or rear setbacks, lot area per dwelling unit, or other dimensions, areas or open spaces required by these regulations are not maintained. No lot shall be reduced in size so as to produce an additional lot, reduce a remaining lot which is not in conformity with these regulations, unless said lots are combined with other land to produce a conforming lot or unless the nonconforming lot is needed and accepted for public use.

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-2021)

   a.   Notwithstanding any other provision of this ordinance, the individual dwelling units of attached single-family dwellings which are, or have been, constructed in compliance with the terms of this ordinance, which qualify as townhouse as defined by the North Carolina Building Code, may be conveyed as separate units so that each may be individually owned. Each such conveyance shall consist of the unit, including the portion of the lot on which it is constructed, a portion of the lot which lies between the unit and the public street on which it fronts, and a portion of the lot which lies between the unit and the back line of the lot on which the townhouse is constructed. In the case of end units, the conveyance shall include the remainder of said lot to the side lot line. This provision is commonly called, “zero lot line”.

   b.   The dimensional requirements, if any, including area, front, side and rear yard, shall be determined by the zoning classification applicable to the particular site. Said dimensional requirements shall be applied to the overall structure, as opposed to the individual townhouse units, as if the individual units were going to be owner occupied or rented, as opposed to being sold as separate townhouse units.

   c.   Prior to issuing any building permits under this part, the Town Council shall approve the declaration of covenants, conditions and restrictions for the dwellings.

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-2021)

   a.   No yard shall be encroached upon or reduced in any manner except in conformity with these regulations. No yard for one principal building shall be considered as a yard for any other principal building. Shrubbery, driveways, walks, parking lots, retaining walls, fences, trellis, curbs, ornamental objects and planted buffer strips shall not be construed to be encroachments on yards.

   b.   Certain architectural features may project into required yards or courts as follows: cornices; canopies; fuel islands; awnings; and fire escapes. Outside stairways may project no more than three feet into the side or rear yard setback. Eaves shall be allowed to project into a minimum required yard no more than 24 inches.

   c.   Within commercial, industrial or public use zones, accessory items such as listed below are permitted where the following conditions are adhered to:

      1.   The use is not located within the normal vehicle travel lane, if it will impede normal traffic flow or reduce the minimum required parking spaces;

      2.   The use does not adversely impair visibility either on premises, travel way or other property. Accessory dispensing machines or uses may be located at the curb accessible from the business side of the curb which will not require pedestrian or vehicle traffic to encroach on or occupy any part of a street right-of-way to use the machine; and

      3.    Typical permitted machines are vehicle air dispensing or vacuum cleaners, newspaper, soft drink vending machines, bank teller and ice vending.

   Example of Accessory Permitted Use: Vehicle Air Pump Is in Setback

   Example of Permitted Use: Fuel Island and Canopy in Setback

   Example of Large Vending Machine in Setback

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-2021)

   No building shall be erected on a lot which does not abut at least 35 feet on an open street which is either a public street, a dedicated right-of-way or an alley, unless such lot was a lot of record prior to the adoption of this ordinance.

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-2021)

   In the case of a corner lot having frontage on two or more streets, all buildings shall be setback from each such street a distance equal to the minimum front yard requirement for the district. In a commercial or industrial zone, if a building is constructed on a lot having frontage on two streets but not at an intersection, a setback from the secondary street may be reduced to one-half of the front yard requirement for the district in which the lot is located but not in conflict with the fire lane requirements of the Building Code.

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-2021)

   If either a use or class of uses is not specifically indicated as being permitted in a district, either as a matter of right or as a special or conditional use, then such use or class of uses shall be prohibited in such district.

(Ord. Z2013-01, passed 9-12-2013; Ord. 2021-02, passed 6-14-2021)