Subject to the provisions of § 153.145 of this chapter, all lots in the following zones shall have at least the amount of square footage indicated in the following table:

 

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   Subject to the provisions of § 153.145, every lot used for single-family residential purposes shall have at least the number of square feet indicated as the minimum permissible in the zone where the use is located, according to § 153.145.

   (B)   Subject to § 153.137, every lot developed for duplex or multi-family residential purposes shall have the number of square feet per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.

 

   (C)    Notwithstanding division (B) above, the total ground area covered by the principal building and all accessory buildings shall not exceed 30% of the total lot area.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   (1)    A major housing goal of the town is to obtain in the community a sufficient number of housing units by type, style and price to afford residents a suitable dwelling of their choice.

      (2)   The town finds that it is in the best interest of the community to support opportunities for persons of varying economic levels to reside in the town and that the provision of affordable housing opportunities is important to achieve this community goal.

   (B)   The affordable housing density bonus is intended to assist materially the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for low- and moderate-income persons throughout the town.

   (C)   The Board of Adjustment, through the issuance of a special use permit, may grant a density bonus for any residential development. Such residential development shall be subject to a site plan review process as required in this chapter. The Board of Adjustment, through the issuance of a special use permit, may grant a density bonus for any residential development where the total number of units, including the maximum allowable density bonus, is less than the thresholds established through calculations outlined in §§ 153.139 and 153.140.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)    The applicant shall submit an application to the Board of Adjustment. The application shall contain two plats:

      (1)   A subdivision plat or site plan complying with the town's rules and regulations for subdivision plats or site plans and containing the maximum allowable number of units permitted in the zoning district in which the development is to be located; and

      (2)   A plat or plan representing the same with the density bonus included.

   (B)   Upon receipt of such application the planning staff shall transmit to the Planning and Zoning Board notice of such application. The Planning and Zoning Board shall review the site plan using the procedures specified as follows and submit a written advisory report to the Board of Adjustment.

      (1)   An applicant for site plan review shall file with the planning staff six copies of the site plan documents drawn to a scale not to exceed one inch equals 100 feet on standard 24-inch by 36-inch sheets. The planning staff shall acknowledge receipt of these plans by endorsing them with a signature and a date. The planning staff, along with other departmental staff, shall review the documents for compliance with the submission data requirements and provide its recommendations with the submitted documents to the Board of Aldermen, Board of Adjustment or Zoning Administrator in the case of special use, special use or zoning permit projects respectively.

      (2)   The permit-issuing authority shall review the proposed site plan and take final action on the proposal. The date of consideration of site plan proposals shall be based upon the submission schedule established by the permit-issuing authority. The Board of Aldermen, Board of Adjustment or Zoning Administrator shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed in division (A) above. The final action, rendered in writing, shall consist of either:

         (a)   Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this subchapter;

         (b)   Approval of the site plan subject to any conditions, modifications and restrictions as required by the Board of Aldermen, Board of Adjustment or Zoning Administrator which will ensure that the project meets the listed principal areas of interest; or

         (c)   Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in this chapter.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)    In considering an application for an affordable housing density bonus, the Board of Adjustment shall determine if the proposed density bonus shall result in:

      (1)   The construction of an appropriate number of single-family owner-occupied units which:

         (a)   Are affordable to low- and moderate-income households as defined by the guidelines of the State Housing Finance Agency; and

         (b)   Have appropriate resale controls to assure affordability.

      (2)   The construction of an appropriate number of rental units which:

         (a)   Are affordable to low- and moderate-income households as determined by the U.S. Department of Housing and Urban Development's fair market rents; and

         (b)   Have appropriate provisions to assure continued affordability.

   (B)   In lieu of construction of low- and moderate-income housing, the offer of payment by the applicant to the town's community development block grant fund. The payment shall be equal to 15% of the density bonus's present market value as certified by an independent certified appraiser acceptable to the town. All such payments are to be allocated only for the provision of low- and moderate-income housing units in the town.

   (C)   (1)   An appropriate number of low- and moderate-income units shall be deemed to be 50% of the density bonus.

      (2)   However, this percentage may be adjusted where an overriding public benefit is demonstrated.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   Upon receipt of a written advisory opinion as required in § 153.138 and upon making a determination that the application addresses the goals specified in § 153.137, the Board of Adjustment may grant a density bonus up to 30% above the maximum density allowance set forth in § 153.139.

   (B)   The computation of the density bonus allowed by this section shall be rounded off to the nearest whole number.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   The town shall allow density credits or severable development rights for dedicated rights-of-way pursuant to G.S. §§ 136-66.10 or 136-66.11.

(Ord. 2021-03, passed 6-8-2021)

   (A)   No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:

      (1)   Could be used for purposes that are permissible in that zoning district; and

      (2)   Could satisfy any applicable setback requirements for that district.

   (B)   Without limiting the generality of the foregoing standard, the following minimum lot widths are recommended and are deemed presumptively to satisfy the standard set forth in division (A) above. The lot width shall be measured at the building setback line (in no case less than the requirements set forth in § 153.142) and shall be calculated by running a straight line connecting the points at which the said setback line intersects with lot boundary lines at opposite sides of the lot.

 

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   No portion of any principal building may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in the table set forth below. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons or other means), the setback shall be measured from such right-of-way line. If the right-of-way line is not so determinable, the property owner shall submit proof of his property line. The term "property line" refers to those lines that form the boundaries of a recorded lot.

 

   (B)   Setback distances shall be measured from the property line or street right-of-way, perpendicularly thereto, to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself, excluding the outermost three feet of any uncovered porches, steps, eaves, gutters and similar fixtures.

   (C)   Whenever an existing private road or private driveway that serves more than three lots or more than three dwelling units or that serves any non-residential use tending to generate traffic equivalent to more than three dwelling units is located along a lot boundary, then:

      (1)   If the lot is not also bordered by a public street, buildings shall be set back from the right-of-way of the private road just as if such road were a public street; and

      (2)   If the lot is also bordered by a public street, then the setback line on that side abutting the public street must meet the minimum front yard setback requirements for that residential district.

(Ord. passed 4-9-2013; Ord. 2016-03, passed 5-10-2016; Ord. 2021-03, passed 6-8-2021)

   (A)   A lot of record at the time of the adoption of this chapter may be used as a building site for a structure to be used for a purpose permitted in the district in which the said lot is situated, although its size does not permit its owner to comply with minimum area and yard requirements; provided, however, front, side and rear yards, if required in said district, shall be provided on said lot in no less than the same proportion to those required, as the area of the lot of record compares to the area requirement in the said zoning district. However, in the case of manufactured homes in an RM-6 Residential Zoning District, a minimum lot area of 5,000 square feet shall be necessary in order to place said manufactured home on a lot.

   (B)   In residential zones where at least 50% of the structures on a block do not meet the minimum required front yard depth, a new structure may be constructed using the average front yard setback depth for that block. In such cases no building hereafter erected, moved or structurally altered shall project beyond the average front yard depth so established; provided this regulation shall not be construed as to require a front yard greater in depth than the minimum front yard specified for the said district in division (A) above. Where double-frontage lots occur, the required front yard shall be provided on both streets.

   (C)   Cornices, eaves, steps, gutters, buttresses, open or enclosed fire escapes, outside stairways, balconies and similar features, but not porches, may project not more than three feet into any required yard.

   (D)   Planned unit developments (PUDs) may be constructed without complying with the dimensional regulations as specified in this subchapter; provided, however, planned unit developments do not exceed the density thresholds established for the zoning districts in which they are located and are constructed in accordance with the provisions specified in §§ 153.050 through 153.054, 153.065 and 153.066.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   For purposes of this section:

      (1)   The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building, not to include chimneys, antennas or other rooftop appurtenances; and

      (2)   The highest point of a building shall be the top of any parapet wall or the highest point of the roof's surface, whichever is greater. Roofs with slopes greater than 75 degrees are regarded as walls.

   (B)   Except as provided in division (C) below, no building or structure located in one of the town's residential and commercial zoning districts shall exceed a height of 35 feet, measured from ground level to its cornice line, unless authorized by the issuance of a special use permit. Any building or structure exceeding a height of 35 feet, but not exceeding a height of 50 feet shall require a special use permit for authorization to construct said building or structure. Any building or structure in excess of 50 feet shall require a special use permit for authorization to construct said building or structure. In such cases, the depth of the front and total width of side yards required shall be increased one foot for each two feet, or fraction thereof, of building height in excess of 35 feet.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   (A)   In any single-family residential subdivision in the zones indicated below, a developer may create lots that are smaller than those required by § 153.135 if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimums set forth in the following table:

 

   (B)   The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs without increasing the density beyond what would be permissible if the land were subdivided into the size lots required by § 153.135.

   (C)   The amount of usable open space that must be set aside shall be determined by:

      (1)   Subtracting from the standard square footage requirement set forth in § 153.135, the amount of square footage of each lot that is smaller than that standard; and

      (2)   Adding together the results obtained in division (C)(1) above for each lot.

   (D)   The provisions of this section may only be used if the usable open space set aside in a subdivision comprises at least 10,000 square feet of space that satisfies the definition and provisions of usable open space set forth in §§ 153.160 through 153.166.

   (E)   The setback requirements of § 153.142 shall not apply in cluster subdivisions. However, front, side and rear lot setbacks shall be provided on said lot in no less than the same proportion to those required in the said zoning district in which the cluster subdivision is located.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

   No accessory building shall be erected in any required front yard or within three feet of any lot line not a street line. An unattached accessory building or use may be located in a side or rear yard; provided it is located a distance of not less than eight feet from the principal building and three feet from the rear yard line; and provided further that not more than 30% of the total lot area is covered by buildings. On reversed corner or double-frontage lots, no accessory building shall extend beyond the front yard line of the lot to its rear.

(Ord. passed 4-9-2013; Ord. 2016-03, passed 5-10-2016; Ord. 2021-03, passed 6-8-2021)