§ 5.2. Lot Layout standards.

Purpose statement: The purposes of these standards are to ensure that lots in new subdivisions, and the placement of buildings within lots, are designed and located so as to:

• Protect and conserve environmental resources;

• Maximize energy efficiency and conservation;

• Be visually harmonious both within the development site and in relation to adjacent developments;

• Be integrated to the degree of their compatibility with each other and are separated to the degree of their incompatibility;

• Be designed with a street network that provides safe, adequate access to all lots within the subdivision, and to properties adjoining the subdivision where such access is deemed desirable for the orderly future development of these properties;

• Be arranged so as to preserve or enhance vistas.

5.2.1. General Site Arrangement.

Structures shall be placed and arranged so as not to adversely affect adjacent property. Adverse effects shall include, but are not limited to, the removal of lateral support, the creation of hazard, nuisance, or danger, unreasonable loss of light and air or solar access, or unreasonable loss of privacy or views.

5.2.2. Applicability of Lot Design Standards.

Each lot in a subdivision shall comply with the lot design standards contained in this section. Newly created or revised lots shall be designed so that any existing structures continue to meet the requirements of this appendix or so that any existing nonconformity is not increased, extended, or enlarged. The standards of this section, however, do not apply to recreation areas, lots within approved planned developments and townhouse lots created as part of a minor subdivision provided:

(a)

The town manager has approved provisions for the unified control of and responsibility for the development and for the maintenance of common areas; and

(b)

The town manager has approved provisions for ensuring access to and use of recreation areas or areas otherwise designated for the residents' common use and benefit.

5.2.3. Lot Arrangement.

The arrangement of lots in a subdivision shall comply with the provisions of this article and shall provide vehicular access to buildings on them from an approved street.

5.2.4. Access to Streets.

Every subdivided lot shall front on a street meeting the standards of this article and of the design manual, including all required improvements such as sidewalks, curbs, and gutters.

Double frontage lots are prohibited except where necessary to separate residential development from arterial streets or to overcome specific disadvantages of topography and orientation. Where double frontage lots are permitted, a bufferyard shall be provided adjacent to the higher classified street to prohibit access by motorized vehicles.

5.2.5. Lot Dimensions.

Every subdivided lot shall comply with the dimensional standards contained in this appendix (Section 3.8), as well as other standards of the county health department for lots not served by a public water supply and/or a public sanitary sewer system.

Where the gross land area of a lot(s) in the subdivision is greater than or equal to twice the minimum gross land area required in section 3.8 for the zoning district, the town manager or town council, as appropriate, may require that the subdivision be arranged to allow future orderly subdivision of such lots and the opening of future streets where needed to serve such potential lots.

5.2.6. Flag Lots.

The Town of Chapel Hill discourages and restricts forming flag lots in subdivisions. A flag lot shall be permitted if necessary to allow a property owner reasonable use and benefit from his/her land or to alleviate situations which would otherwise cause extreme hardship for him/her.

Flag lots are prohibited except when allowed upon findings that:

(a)

The flag lot is necessary to eliminate access onto an arterial street (See Figure 5.2.6-1);

(b)

The flag lot is necessary to reasonably utilize irregularly shaped land (See Figure 5.2.6-2);

(c)

The flag lot is necessary to reasonably utilize land with difficult topography (See Figure 5.2.6-3).

No flag lot will be allowed if it increases the number of access points onto an arterial or collector street.

That portion of a flag lot between the street onto which it has access and the point where a lot dimension parallel to the street first equals or exceeds the minimum lot width specified in section 3.8 shall not be longer than two hundred (200) feet. The lot width and street frontage of a flag lot may be reduced to thirty-five (35) feet. The town manager may approve further reductions to a minimum of twenty (20) feet where topographical conditions permit the construction of an adequate driveway within that width. The town manager may also require greater widths where necessary to ensure adequate access.

5.2.7. Location of Lot Lines.

Interior lot lines extending from a street should be approximately perpendicular or radial to the street right-of-way line.

Lot lines shall be located to permit efficient installation and maintenance of utility lines on utility easements and to maximize buildable area.

5.2.8. Zero Lot Line Setback Modifications.

Interior and solar setbacks for structures on lots within a subdivision may be reduced to zero provided such reductions are shown on the approved final plat and the following requirements are met:

(a)

The interior or north lot line designated for a zero setback (the zero lot line) shall not be used for a zero setback on the other property abutting the lot line.

(b)

The setback between the lot line opposite the zero lot line and any structure on the lot shall equal or exceed two (2) times the minimum interior setback specified in section 3.8.

(c)

The wall constructed against the zero lot line shall be at least six (6) feet high and shall not contain windows, doors, air conditioning units, or other openings. Any wall facing the zero lot line but not constructed against it shall conform to the minimum interior or solar setback, as appropriate, specified in section 3.8.

(d)

A wall maintenance easement shall be provided on the other property abutting the zero lot line. The width of such easement shall be at least four (4) feet.

(e)

The zero setback shall be approved as part of a subdivision approval or the owners of the other property abutting the zero lot line shall consent, by recorded agreement or deed restriction, to the zero setback.