Northampton County Unincorporated
City Zoning Code

SUPPLEMENTAL REGULATIONS

§ 154.2.140 PURPOSE.

The requirements set forth in this subchapter supplement and qualify the district regulations which appear elsewhere in this chapter and shall apply in the specific areas enumerated, notwithstanding other regulations set forth.

(Ord. passed 4-12-2016)

§ 154.2.141 GENERAL MODIFICATIONS TO YARD REGULATIONS.

(A) Yards to be open. When yards (also referred to as setbacks) are required in a district, every part of a required yard shall be unobstructed by a building, structure or use except that:

(1) Off-street parking spaces are permitted in a front, side or rear yard, provided that no parking space shall create a visual obstruction or hindrance to traffic on any abutting street;

(2) Accessory buildings are permitted in a rear or side yard, but not within five feet of a property line unless otherwise specified in this chapter;

(3) Aboveground architectural features such as cornices, eaves, fire escapes, stairs, landings, bay windows, chimneys, but not walls or porches, may protrude into any required yard a distance not to exceed one-fifth of the required yard or six feet, whichever is the lesser distance;

(4) For any structure regulated by the Americans with Disabilities Act (ADA) being added to an existing structure, any property line setback may be reduced up to a maximum of zero feet if the Zoning Administrator determines that there is no location for such structure on the site that will comply with the required setback. If there is a location on the site for the ADA-compliant structure that will meet the required property line setback, that location must be utilized. If an ADA structure must encroach into the required setbacks, the rear setback will be considered first and the side setbacks second. Encroachment into the front setback will only be allowed when the first and second options will not accommodate the placement of the ADA structure, or if two ADA structures are required for safe and adequate access. Structural features of the existing primary structure and safety issues will be considered in determining the appropriate location of any ADA structure;

(5) Shoreline stabilization structures such as bulkheads, groins, revetments and breakwaters regulated by the Northampton County Wetlands Board shall be permitted within the side, rear and shoreline setback and within all resource protection area components;

(6) Piers, board walks and beach access stairs regulated by the Northampton County Wetlands Board shall be permitted within the rear and within all resource protection area components;

(7) Statues and flagpoles shall be allowed within the front, rear and side setbacks provided that such structure shall not create a visual obstruction or hindrance to traffic on abutting streets;

(8) Heating, cooling and other mechanical structures 100 square feet each or less in size shall be permitted within the rear and side setbacks;

(9) Utility structures associated with communications, sanitation, electric, gas and water shall be permitted within the rear and side setbacks. These structures may be allowed within resource protection area components through a waiver, exception or exemption process and within areas regulation by the Northampton County Wetlands Board through the appropriate approval or permitting process.

(B) Uncovered porches and other projections into yards. Terraces, uncovered porches, platforms and ornamental features which are no higher than three feet above the floor level of the ground (first) story may project up to six feet into a required side or rear yard, except in a Chesapeake/Atlantic Preservation Area buffer, provided that these projections are not within six feet of the adjacent lot lines.

(C) Open fire escapes, balconies, chimneys. Open lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues may project into the required rear yard not more than five feet.

(D) Multiple buildings on lot.

(1) Multiple buildings used for commercial, institutional, or industrial purposes. Where a lot is lawfully used for a commercial, institutional, or industrial purpose, more than one main building may be located upon the lot but only when each separate building has independent open space equivalent to the yard requirements of the district in which the lot is located.

(2) Multiple buildings used for multi-family dwelling purposes. Where a lot is used for multi-family residential or institutional purposes, there may be more than one multi-family building on the lot if permitted in the district. In such cases, there shall be provided between buildings that are parallel, or within 45 degrees of being parallel, a minimum of 20 feet for one-story buildings, 30 feet for two-story buildings and 40 feet for three-story buildings. No dimension between any two buildings shall be less than 15 feet. When such buildings are of varying height, the buildings with the greater height shall be used for determining and applying separation regulations.

(E) If a lot is zoned NB, WV-NB, WV-WC, TE-NB, TE-CG, EI, EB, C-1 or WW abuts a lot that is zoned NB, WV-NB, WV-WC, TE-NB, TE-CG, EI, EB, C-1 or WW, the side and / or rear minimum setback shall be reduced to 0 feet pursuant to § 154.2.141 General Modification to Yard Regulations.

(Ord. passed 4-12-2016; Amendment adopted 7-11-2017)

§ 154.2.142 FRONT SETBACK/YARD REGULATIONS.

(A) Prevailing front setbacks/yards on partially or fully built-up blocks. The following provisions apply to those legal lots of record on the date of adoption of this chapter where application of the required front setback would be inconsistent with surrounding development and where indicated in Appendix B that the use of the prevailing front setback/yard is permitted.

(1) Where there is a prevailing front setback, such prevailing front setback must be observed.

(2) When there is no prevailing setback, the front setback distances in Appendix B shall apply.

(B) Projections into front yards.

(1) An uncovered and unenclosed porch or paved terrace may project into the required front yard for a distance not exceeding ten feet.

(2) An enclosed vestibule containing not more than 40 square feet may project into the required front yard for a distance not exceeding four feet.

(3) Awnings may project into the required front yard for a distance not exceeding three feet.

(C) Corner lots. The required front yard on a corner lot shall be observed on the frontage having the lesser dimension; the other frontage shall be considered a side yard (see separate rule for side yards).

(D) Double frontage lots. In cases where a subdivision lot was approved and legally in existence as of October 21, 2009, and that lot extends through a block from one street to another street and where a front setback/yard is required from such streets, front setbacks/yards shall be provided along each street frontage. After October 21, 2009, no such double frontage lots shall be created, except if created by a boundary line adjustment to create a less nonconforming lot.

(E) Signs and poles. When permitted in a district, signs or poles may be erected in a required front yard.

(F) Motor fuel pump islands. Motor fuel pumps and pump islands, including accompanying unenclosed canopies, may be located within a front yard in a district that permits motor fuel service stations; provided they are located not less than 25 feet from the street right-of-way line.

(G) In no non-residential district shall accessory uses be located less than 25 feet from the boundary line of any lot zoned for residential uses.

(H) Notwithstanding the provisions above, under no circumstances are projections, poles, signs, structures, or items of any other kind that would impair or impede the views of motorists on adjacent streets, allowed in front yards.

(I) In an existing industrial district, the front setback shall be reduced to 25 feet when structures are situated on a private road that does not convey and is not planned to convey through traffic.

(J) Chesapeake/Atlantic Preservation Areas resource area 100-foot vegetated buffer area and front setback. The purpose of reducing the front setback is to allow the principal building to be moved forward towards the front of the lot, thereby reducing potential encroachment on the Chesapeake/Atlantic Preservation Areas resource protection area buffer at the back of the lot. The front setback may be reduced to eliminate or reduce the need for an administrative waiver from the required Chesapeake/Atlantic Preservation Areas resource protection area buffer when all of the following criteria have been met.

(1) The lot shall be undeveloped and eligible for a Chesapeake/Atlantic Preservation Area administrative buffer waiver;

(2) The front setback reduction shall only apply to the principal building; and

(3) The maximum reduction shall be ten feet, except that in no case shall the total front setback be reduced to less than 50 feet.

(Ord. passed 4-12-2016; Am. Ord. 2016-10, passed 11- -2016; Am. Ord. 2021-02, passed 7-13-2021)

§ 154.2.143 SIDE YARD REGULATIONS.

(A) Existing residential subdivisions. Residential subdivisions with lawful plats of record dated and recorded before December 28, 2000, may be allowed to develop using a side setback/yard of 25 feet in the Agricultural District and 15 feet in the residential districts.

(B) Corner lots. On corner lots where the street abutting the side yard line is a Class III, IV, V, or VI road as defined in §§ 154.2.100 et seq.:

(1) The side yard regulations shall apply to the two-thirds of the lot which is nearest to the street which the main building faces or is intended to face;

(2) The following regulations shall apply to the rear one-third of the lot:

(a) Any building or structure or part thereof must be set back in conformity with the front yard requirements of the district in which the lot is located;

(b) On the rear portion of a corner lot of record which is less than 60 feet in width no building or structure or part thereof shall be required to be set back more than 20% of the lot width.

(C) Side yards to duplexes and town houses and multi-family dwellings. For the purpose of the side yard regulations, a two-family dwelling/duplex, town house, townhouse cluster, or a multi-family dwelling building shall be considered as one building occupying one lot.

(D) Dwelling above commercial. Unless otherwise provided for in this chapter by a specific regulation, where dwellings are permitted to be erected above an existing predominantly commercial establishment, the required side yard shall be the same as required for the commercial building.

(E) Commercial uses in a residential building. Unless otherwise provided for in this chapter by a specific regulation, where commercial uses are lawfully in the same building as a residential structure, the side yard requirements for residential dwellings in the district in which the use is located shall apply to both the residential and commercial uses.

(Ord. passed 4-12-2016)

§ 154.2.144 REAR YARD REGULATIONS.

Lots abutting an alley. Where the rear line of a lot abuts an alley, up to one-half of the width of such alley may be counted toward the required rear yard, but in no case shall the rear yard be reduced to less than five feet.

(Ord. passed 4-12-2016)

§ 154.2.145 HEIGHT AND BULK REGULATIONS.

(A) Public/quasi-public building height. Public, quasi-public or public service buildings such as hospitals, institutions, schools, churches and similar uses, when permitted in a district, may be erected to any height, provided the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

(B) Non-residential chimneys, steeples, towers, and similar structures. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, grain elevators or necessary mechanical appurtenances may be erected to a height not exceeding 100 feet.

(C) Water towers. Water towers may be erected to a height not exceeding 150 feet. With the approval of a special use permit by the Board of Supervisors, a water tower may be erected at a height exceeding 150 feet.

(D) Farm building height. Farm buildings that are not dwellings, when permitted in a district, may be erected to a maximum height of 45 feet provided the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

(E) Enclosed mechanical and manufacturing equipment. Parapet and fire walls, monitors and roof structures for stairways, elevators, tanks, ventilating fans or similar equipment which are necessary for the mechanical operation of a building or enclosed manufacturing process may exceed the height requirements of the district in which the building is located provided that all such structures do not occupy more than 25% of the roof area of the building or structures.

(F) Communication and broadcasting towers. Radio, T.V., electrical transmission towers, microwave towers, television antennas, radio aerials, and similar structures may exceed the height requirements of the district in which they are located but shall not exceed a height of 199 feet.

(G) General regulations applicable to residential districts. The maximum height for any single-family dwelling shall be as provided in Appendix B, Densities, Lot Sizes and Dimensions, except that:

(1) Widow's walks with a three-foot tall railing may be constructed on the roofs of single family dwellings; and

(2) In the Agricultural/Rural Business District, additional building height may be permitted where the building is set back from each property line (front, rear, and sides) two additional feet horizontally for each one foot of additional height over 35 feet, up to a maximum of 45 feet.

(H) Modifications applicable to town edge-commercial general district, existing business district, and commercial district. The maximum height for any principal structure shall be 35 feet, except that additional building height may be permitted where the building is set back from each property line (front, rear, and sides) the distance of the established setbacks (see Appendix B to this chapter) plus two additional feet horizontally for each one foot of additional height over 35 feet, up to a maximum of 45 feet.

(Ord. passed 4-12-2016)

§ 154.2.146 ACCESSORY BUILDINGS AND FENCES.

(A) Accessory buildings. Accessory buildings may be constructed in a front yard as provided in § 154.2.064 or rear or side yard in conformity with the regulations for accessory buildings in the district in which such use is located and the following regulations.

(1) When an accessory building is part of a main building. Accessory buildings located closer than ten feet to a main building shall be construed to be a part of the main building for the purposes of yard regulations and such buildings, whether connected to the main building or not, and shall observe all front, side and rear yard regulations applicable to main buildings.

(2) Use of accessory buildings. No accessory building shall be used for dwelling purposes other than as provided in Appendix A.

(B) Tents. Tents or tent-like structures shall not be erected as main buildings on any lot or tract in any district, temporarily or permanently, unless specifically provided for in the district regulations.

(1) Walls and fences in yards. Yard requirements shall not apply to any fence, freestanding wall or retaining wall, which are erected in conformity with (a), (b), (c), (d) and (e) below and other applicable county ordinances. Fences, for the purpose (a) and (b), are constructed using posts for supports. Walls, for the purpose of (c), (d) and (e), in general, are constructed with a continuous foundation, tie-back system, sheathing or similar construction methods above and/or below the ground. Bulkheads or similar structures regulated by the Northampton County Wetlands Board are not considered retaining walls.

(a) Fences shall be permitted within the front, rear and side setbacks provided that the fence shall not create a visual obstruction or hindrance to traffic on any abutting street and complies with corner lot regulations.

(b) Fences shall be permitted within the resource protection area buffer component provided that the fence does not impede the overland flow of water. Fences shall not be permitted within any other resource protection area component, except the buffer, and not within areas regulated by the Northampton County Wetlands Board.

(c) Freestanding walls and retaining walls shall be permitted within the front, rear and side setbacks provided that such wall does not create a visual obstruction or hindrance to traffic on any abutting street and complies with corner lot regulations.

(d) Freestanding walls shall not be permitted within any resource protection area components or within areas regulated by the Northampton County Wetlands Board.

(e) Retaining walls shall be permitted within the resource protection area buffer component only as shoreline erosion projects permitted under § 154.2.163(I)(1)(d). Retaining walls shall not be permitted within any other resource protection area components, except the buffer, or within areas regulated by the Northampton County Wetlands Board.

(2) Corner lots, residential districts. On a corner lot in a residential district, no planting, wall, fence or other obstruction to motorist's vision shall be planted, erected or maintained higher than three feet above the adjoining edge of pavement within a triangle comprised of two 20-foot right-of-way legs measured from the point of intersection of the rights-of-way of the two intersecting street lines.

(3) Corner lots, non-residential districts. On a corner lot in any commercial or industrial district which requires a front yard, no planting, wall, fence, sign or display or any other obstruction to motorist's vision shall be planted, erected or maintained higher than three feet above the adjoining edge of pavement within a triangle comprised of two ten-foot right-of-way legs.

(Ord. passed 4-12-2016)

§ 154.2.147 PERMITTED LOT FRONTAGE.

The minimum lot frontage of a lot shall be not less than the lot width at the building line; except, that where lot lines are established radially from a curved street so as to increase the width of the lot with the distance from the street line, the frontage of such lots thus created may be reduced to not less than 70% of the lot width at the building line; provided further, that the frontage of any lot located on the turnaround of a cul-de-sac (dead-end street) may be reduced to not less than 50% of the lot width.