Land Development Ordinance - Amended 4-2-2024

c. Side Yard Requirements . With the exception as stated in (1) above, where a lot has a width less than the zoning lot frontage width required for the district in which the lot is located, the Town Manager or his/her designee shall have the authority to apply an administrative adjustment to reduce the zoning side yard setback requirements for such lot by a maximum of 20% of the required setback, provided however, no zoning lot side yard setback shall be less than five (5) feet in width.

§9-1306 ZONING LOT SIZE REDUCTION PROHIBITED

No existing zoning lot shall be reduced or changed in size so that the total area or square footage, minimum zoning lot yard setbacks, maximum dwelling units per acre, or any other minimum dimension, regulation or requirement are not maintained.

§9-1307 ZONING LOT SUBDIVISION

No zoning lot shall be subdivided in size so as to create an additional lot that is not in conformity with the land development ordinance, unless said lot is combined with other land to create a forming lot, or unless said lot is procured or donated for public use.

§9-1308 ILLEGAL ZONING LOT OF RECORD

In no case shall a zoning lot created illegally be considered a lot of record.

§9-1309 BUILT-UPON AREA & REQUIREMENTS

a. Built-Upon Impervious Surface

The provisions of this Section shall be applied in accordance with the requirements of the Land Development Ordinance.

(1) Calculation . Calculation of the built-upon lot area or site shall include, but not be limited to, all existing public and private streets, proposed public streets, sidewalks, driveways, rooftops, parking lots, patios, and all other impervious and partially impervious surfaces. Stone or gravel, for the purposes of the Land Development Ordinance, shall be defined as pervious area.

(2) Exemptions . Swimming pools and wooden decks shall not be included in the calculation of the built-upon lot area or site.

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