Sec. 14.3. Nonconforming Lots

14.3.1. General Standards

A. The creation of a lot with a width or area smaller than allowed by existing zoning requirements is prohibited, except as follows:

1. By governmental action, such as a roadClosed See “Street, Public” and “Street, Private.” widening or an officially adopted housing program;

2. Where such lot is comprised of one or more legal nonconforming lots that are being enlarged to create a lot that more closely meets Ordinance standards;

3. Where the creation of such a lot lessens the extent of a nonconforming use and/or structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. condition;

4. For the purposes of setting land aside as permanent open spaceClosed Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. with no 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. rights, provided that the resulting lots satisfy the applicable dimensional requirements for an open spaceClosed Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. lot pursuant to Sec. 7.2, Open Space; or

5. A varianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. is approved pursuant to Sec. 3.14, VarianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship..

B. Where governmental action has reduced the size of a lot, construction, reconstruction, and additions to structures on the lot shall be considered under the standards for nonconforming lots set forth in this subsection.

14.3.2. Single-Family and Two-Family Residential Lots

A. Any legally established lot of recordClosed Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. not located within a Special Flood Hazard Area that has a minimum width of 30 feet created prior to the effective date of this Ordinance that is located on a street that is accepted and maintained by NCDOT or the City (or such other form of access as is permitted pursuant to paragraph 12.2.2, Other Forms of Access) may be developedClosed 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. with a single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residence subject to all other applicable ordinance requirements; and the availability of water and wastewater treatment systems, so long as such use is a permitted use in the district in which the property is located.

B. Lots that do not meet the requirements of paragraph A, above, may be developedClosed 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. following approval by the Board of Adjustment as a minor special use in accordance with Sec. 3.9, Special Use Permit, and the Board of Adjustment’s making one of the additional following findings:

1. The general area around the subject lot is developedClosed 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. and the size of the lot to be developedClosed 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. is reasonably consistent with the general pattern of surrounding 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.; or

2. The general area around the subject lot is developedClosed 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. and the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. to be constructed will not substantially impact surrounding 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. in a negative manner; or

3. It would be unreasonable or cause undue economic hardship to not allow 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. of the subject lot. Factors to be considered include, but are not limited to:

a. Ownership history;

b. Prior 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. approvals regarding the subject lot or surrounding lots;

c. Economic investments; and

d. The purposes to be served by requiring compliance with lot size requirements.

C. Side yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements for single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential 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. on nonconforming lots that do not meet lot widthClosed The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots. requirements shall be reduced as follows:

1. In the Rural Tier, the sum of the width of the two side yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of a nonconforming lot of recordClosed Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. shall be at least 25% of the lot widthClosed The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots.. The minimum single side yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of a nonconforming lot of recordClosed Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. shall be 12% of the lot widthClosed The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots.. In addition to these requirements, the following minimums apply: if the nonconforming lot of recordClosed Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. exceeds a width of 55 feet, then each side yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be a minimum of eight feet wide. If the nonconforming lot of recordClosed Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. is 55 feet wide or less, each side yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be a minimum of six feet wide.

2. In all other tiers, as applicable, no total side yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. is required and each individual side yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be at least 80% of the required side yardClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for the district in which the lot is located.

14.3.3. Lots Other than Single-Family or Two-Family Lots

A. Where otherwise allowed by this Ordinance, a legal nonconforming lot can be developedClosed 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. if:

1. The lot is not located within a Special Flood Hazard Area;

2. The lot is located on a street that is accepted and maintained by NCDOT or the City (or such other form of access as is permitted pursuant to paragraph 12.2.2, Other Forms of Access); and

3. Water and wastewater treatment systems are available to serve the lot.

B. Where otherwise allowed by this Ordinance, any nonconforming lot not qualifying under paragraph A, above, may be developedClosed 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. only upon issuance of a minor special use permit per Sec. 3.9, Special Use Permit.

14.3.4. Lots within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas

Nonconforming lots within Special Flood Hazard Areas or Future Conditions FloodClosed The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas shall only be developedClosed 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. pursuant to paragraph 8.4.4, 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. in Special Flood Hazard Areas and Future Conditions FloodClosed The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, in addition to the requirements of this section.