Sec. 12.6. Railroad Corridors

12.6.1. This section shall not apply to light rail lines or corridors.

12.6.2. To minimize the loss of existing or former railroad corridors which may have public value as corridors for other forms of transportation, railroad corridors designated for preservation on a plan adopted by a governing body shall be identified on developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans, site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and subdivisionClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. platsClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

12.6.3. The rail bed and original right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be designated for the purpose of dedicationClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reservationClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. in accordance with requirements for dedicationClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. and reservationClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. pursuant to Sec. 12.5, Recreation Land. DedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. railroad corridors shall reduce the applicant’s obligation to dedicateClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. recreation land under Sec. 12.5, Recreation Land, by the amount of the corridor dedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency..

12.6.4. Unless agreements have been established that prohibit a railroad crossing, the following shall apply:

A. Crossing of the railroad right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be permitted for boulevards and major/minor thoroughfares designated on an adopted transportation plan.

B. No additional at-grade crossings of the corridor by streets or drives shall be allowed, unless a minor special use permit pursuant to Sec. 3.9, Special Use Permit, is approved. In addition to the findings specified in paragraph 3.9.8A, General Findings, the Board of Adjustment shall also find that extreme hardship would result to the property ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. due to:

1. Lack of access; or

2. Design constraints that severely limit the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. potential of the property.