§ 4-3. Lots.

The size, shape, and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated and shall conform to the following standards.

4-3.1. Minimum lot dimensional requirements.

(A)

Lots within zoned areas. Every lot shall have sufficient lot area, lot dimensions, and building setbacks to permit a principal structure to be erected thereon in compliance with the applicable requirements of the Carteret County Zoning Ordinance. Lots not served by public water and/or sewer service shall comply with the specifications and standards of the Carteret County Environmental Health Department, but in no case shall the lot size be less than the minimum lot size required in the underlying zoning district.

(B)

Lots within unzoned areas. Every lot shall have sufficient lot area, lot dimensions, and building setbacks to permit a principal structure to be erected thereon in compliance with the requirements delineated in the tables below. Lots not served by public water and/or sewer service shall comply with the specifications and standards of the Carteret County Environmental Health Department, but in no case shall the lot size be less than the minimum lot size required in the table below.

Minimum Lot Area and Lot Dimensions

Improvements	Lot Area (sq. feet)	Lot Width* (feet)	Lot Width (feet) on cul-de-sac bulb	Lot Frontage* (feet)
Public water and sewer	10,000	60	40	25
Public water, or public sewer	15,000	70	50	25
No public water or public sewer	20,000	80	60	25

 

* =  Lot width is measured at the building setback line; lot frontage is measured at the front lot line.

(C)

Recombination and combination of previously platted nonconforming lots. The recombination or combination of previously platted nonconforming lots shall be allowed only if the resultant lots created are made less nonconforming and do not create additional nonconformities.

4-3.2. Lot line configuration. Sidelines of lots should be at or near right angles or radial to street lines. No intersecting lot lines shall have an angle of less than 60 degrees.

4-3.3. Lot lines and drainage. Lot boundaries shall coincide with natural and pre-existing man-made drainageways to the extent practicable to avoid lots that can be built upon only by altering such drainageways (see also section 4-6.5, utility and drainage easements).

4-3.4. Access requirements.

4-3.4.1. General access requirements and alternative means of access. All lots shall abut and have direct access to a publicly maintained street, except as provided for in this section or in the Carteret County Zoning Ordinance, if applicable. It is the intention of this section that newly created lots and parcels have access to a public street to ensure:

(A)

Legal ingress and egress for the owner/user of the lot, emergency vehicles, and public service vehicles;

(B)

Adequate provision of an all-weather travel surface; and

(C)

Sufficient means for the long-term maintenance of the roadway.

The alternative means of access options do not apply to lots in a non-residential subdivision. All non-residential lots shall be located on a public street, unless the planning commission specifically permits the use of private streets.

As an alternative, access may be permitted from a private street meeting the standards delineated in section 4-4.7. If, after thoroughly investigating the feasibility of utilizing a public or private street for access and evaluating the site features and characteristics which make their use infeasible, the subdivider may propose an alternative means of access authorized in this section.

For all major subdivisions, the planning commission may approve such alternative means of access if, in its opinion, the alternative means of access proposed will sufficiently meet the intention of this section and comply with the conditions delineated herein. For all minor subdivisions, the administrator may approve such alternative means of access if, in his/her opinion, the alternative means of access proposed will sufficiently meet the intention of this section and comply with the conditions delineated herein.

(A)

Lots and units located in developments with owners' associations or in group housing developments in which permanent access is guaranteed by means of approved private streets and/or drives designed in accordance with the requirements of section 4-4.7 may be approved by the planning commission as an alternative means of access to a public street.

(B)

Flag lots. Flag lots may be approved by the administrator for all minor subdivisions or by the planning commission for all major subdivisions as an alternative means of access, provided that the following requirements are met:

(1)

Flag lots shall be approved only where the configuration of the parcel or site features warrant such a lot design. Authorizing a flag lot design is intended to accommodate a particular extenuating circumstance which makes traditional lot design infeasible. Therefore, flag lots should be judiciously approved.

(2)

A flag lot shall serve only one single-family dwelling and its uninhabited accessory structures, except as otherwise allowed by the Carteret County Manufactured Housing Ordinance for manufactured homes on individual areas in unzoned areas, however, two adjoining lots may use the same flagpole for access (see subsection 9 below);

(3)

Generally, the maximum flagpole length shall not exceed 300 feet. However, the planning commission may authorize a length in excess of 300 feet if, in the opinion of the planning commission, extenuating site conditions warrant a greater flagpole length;

(4)

The flagpole of each flag lot shall begin at a public or private street, only. The minimum flagpole width shall be 25 feet;

(5)

The maximum lot size in areas with public sewer shall be one acre. The maximum lot size without public sewer shall be three acres. (Note: The "flagpole" portion of the lot is not used to calculate area, width, depth, and setbacks of the lot or to provide off-street parking.);

(6)

The minimum separation between the flagpole portion of the lot and that of another flag lot shall be 150 feet, however, two adjoining lots may use the same flagpole for access (see subsection 9 below);

(7)

Where public water is available, any building on the flag lot must be within 1,000 feet of a hydrant. This distance shall be measured along the street, then along the flagpole, then in a straight line to the building location;

(8)

Where public sewer is available, occupied buildings on the flag lot shall have a gravity service line, or the sewer pump requirements shall be noted on the plat;

(9)

Use of a single driveway to serve a flag lot and an adjoining lot is permitted and encouraged; the location for the driveway is on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole;

(10)

No resubdivision of a flag lot shall be permitted unless access to the proposed new lot(s) can be provided from an approved public or private street; and

(C)

Private lane . For all major subdivisions, the planning commission may approve lots served by a private lane as an alternative means of access and, for all minor subdivisions, the administrator may approve lots served by a private lane, provided that the following requirements are met:

(1)

Authorization for the creation of lots on a private lane shall be given only after all other alternatives for providing access (public street or private street) have been considered and determined not to be practicable;

(2)

A private lane shall serve no more than ten residential parcels. A private lane may not be used within a non-residential subdivision or to provide access to one;

(3)

The minimum easement width shall be 50 feet;

(4)

A minimum travelway of 18 feet in width, with a minimum height clearance of 14 feet, shall be provided;

(5)

The travelway shall have a base course constructed to NCDOT standards and shall be certified by a licensed engineer that it meets those standards. No paving of the travelway is required;

(6)

The private lane shall intersect with an approved public or private street;

(7)

Once the maximum ten lots have been created, no resubdivision of lots located on a private lane shall be permitted unless access can be upgraded to a private street or public street. A notation shall be placed on the face of the plat that states: "No more than ten lots, including the resubdivision of the lots served by the private lane, shall be permitted unless the private lane is upgraded by the property owner(s) to a private street or public street that meets or exceeds the standards of the NCDOT";

(8)

A disclosure statement (see appendix B) stating that maintenance of the private lane is the responsibility of the property owner(s) shall be placed on the plat;

(9)

A property owners association shall be established in accordance with article VI to ensure maintenance of the private lane;

(10)

A 24″ × 30″ sign with two-inch letters shall be posted at all entrances of the private lane and shall state, "Private Lane Maintained by Property Owners."

(11)

The location of the easement must be recorded on a plat; and

(12)

The private lane shall permit ingress, egress, and regress and necessary utilities required to serve the lot(s).

(D)

Access easement. If the following requirements are met, lots served by an access easement may be approved by the administrator as an alternative means of access:

(1)

Authorization for the creation of lots on an access easement shall be given only after all other alternatives for providing access (public street, private street, or private lane) have been considered and determined not to be practicable;

(2)

An access easement shall serve no more than three residential parcels. An access easement lane may not be used within a non-residential subdivision or to provide access to one;

(3)

The minimum easement width shall be 50 feet;

(4)

A minimum travelway of 12 feet in width with a minimum height clearance of 14 feet shall be provided;

(5)

The travelway shall have a base course constructed to NCDOT standards and shall be certified by a licensed engineer that it meets those standards. No paving of the travelway is required;

(6)

The access easement shall intersect with an approved public street;

(7)

The creation of lots on an access easement shall be limited to a one-time occurrence for any one parcel or tract existing before this section was adopted on October 8, 2001;

(8)

No resubdivision of lots located on an access easement shall be permitted unless access can be upgraded to a private lane, private street, or public street. A notation shall be placed on the face of the plat that states: "No additional lots, including the resubdivision of the lots served by the access easement, shall be permitted unless the access easement is upgraded by the property owner(s) to a private lane, private street, or public street that meets or exceeds the standards of the NCDOT;"

(9)

A disclosure statement (see appendix B) shall be placed on the plat stating that maintenance of the access easement is the responsibility of the property owner(s);

(10)

A recorded maintenance agreement shall be required in cases where more than one lot is served by the access easement;

(11)

If the access easement serves more than one parcel, a 24″ × 30″ sign with two-inch letters shall be posted at the entrance of the access easement that states, "Access Easement Maintained by Property Owners;"

(12)

The location of the easement must be recorded on a plat; and

(13)

The access easement shall permit ingress, egress, and regress and necessary utilities required to serve the lot(s).

(E)

Family subdivision. If the following requirements are met, lots within a family subdivision may be approved by the administrator with an easement:

(1)

To qualify as a family subdivision, the property owner must provide proof that ownership of the tract to be subdivided has been in continuous ownership for a minimum of 15 years;

(2)

No more than three new lots may be created with access via an easement;

(3)

The creation of a lot or lots on an easement shall be limited to a one-time occurrence for any one parcel or tract existing before this section was adopted on October 8, 2001;

(4)

The easement must be at least 20 feet wide and shall front on a public road, private road, or historical access.

(5)

Historical access is defined as an access way that is referenced in a deed or is shown on a recorded survey. The property owner must provide proof that the historical access has been in use for a minimum of 20 years;

(6)

The easement must be a deeded access to the newly-created lots and must be recorded on a plat;

(7)

The newly-created lot or lots must meet the minimum lot requirements of this ordinance or the Carteret County Zoning Ordinance, whichever is greater or more restrictive;

(8)

The newly-created lot or lots may not be further resubdivided unless access can be upgraded to a private lane, private street, or public street. A notation shall be placed on the face of the plat that states: "No additional lots, including the resubdivision of the lots served by the easement, shall be permitted unless the easement is upgraded by the property owner(s) to meet or exceed the standards of the Carteret County Subdivision Regulations. The lot(s) shown on this plat has (have) been created for the purpose of a family subdivision.;"

(9)

A disclosure statement (see appendix B) stating that maintenance of the easement is the responsibility of the property owner(s) shall be placed on the plat;

(10)

A recorded maintenance agreement shall be required in cases where more than one lot is served by the easement; and

(11)

The access easement shall permit ingress, egress, and regress and necessary utilities required to serve the lot(s).

4-3.4.2. Special access requirements for subdivisions located adjacent to thoroughfares with capacity deficiencies and for non-residential subdivisions.

(A)

Major and minor subdivisions shall not be approved that propose individual residential lots with direct vehicular access to roads that have, in the opinion of the NCDOT and the technical review committee, capacity deficiencies that warrant the prohibition of the platting of lots with direct vehicular access.

(B)

Whenever a proposed major or minor subdivision abuts any principal arterial, minor arterial, major collector, or minor collector (as delineated on the latest adopted thoroughfare plan), the planning commission, or the administrator in the case of a minor subdivision, may prohibit the platting of lots with direct vehicular access to such roads. The planning commission's or administrator's decision to require suitable access shall be based upon the need to provide safe access to proposed lots, reduce interference with the existing traffic pattern and flow, and provide buffering of the proposed lots from adverse effects from traffic noise.

(C)

In order to reduce traffic congestion, commercial and industrial subdivisions may be required to provide a frontage road or other suitable means of access along major thoroughfares, as shown on the adopted thoroughfare plan, unless the planning commission determines that no practicable alternative for access exists. Where a frontage road is required, intersections with public streets shall be spaced no closer than 800 feet. Frontage roads may be permitted within the rights-of-way of existing streets subject to the approval of the NCDOT.

4-3.5. Water and sewage disposal. Every lot in a subdivision shall be served by a well or water supply system and a sewage disposal system (including septic and package treatment systems) that:

(A)

Is adequate to accommodate the reasonable needs of the proposed use of the lot; and

(B)

Complies with all applicable health regulations and/or the County of Carteret's specifications and standards for water and sewer facilities.

(Amd. of 10-18-04; Amd. of 4-17-06(1); Ord. of 2-18-08(8); Ord. of 10-19-09(6); Ord. of 7-18-11; Res. of 5-18-15; Ord. of 7-18-16)