§ 48-90. Exclusion from lot coverage calculation.  


Latest version.
  • (a)

    When access easements are provided in accordance with section 38-10 and section 38-65, a maximum of 20 feet for two-way and 14 feet for one-way improved access surface areas shall be excluded from individual lot coverage calculations. This exemption shall also apply to existing legal lots of record meeting the lot frontage requirements of section 38-10 and further provided that the requirements of section 38-65 are met and where such access has been approved by the planning and development director and recorded on a subdivision plat in accordance with this chapter. This exception shall be applicable only for single-family and duplex uses for access only and shall not be used for the parking of vehicles and shall be noted in the covenants and deed restrictions required by section 38-65.

    (b)

    Portions of built-in railing benches constructed in accordance with Chapter 48, Appendix A, Town of Nags Head Residential Design Manual extending beyond a building footprint shall be excluded from individual lot coverage calculations.

    (c)

    When an existing or proposed commercial parking lot is designed and or modified to allow two-way vehicular traffic and pedestrian flow between adjoining commercial properties in commercial zoning districts the following exclusions of lot coverage shall apply provided the lot coverage exclusions of this section shall not apply to lot coverage within cross-easements located within an estuarine AEC:

    (1)

    Up to 220 square feet of the lot coverage within the shared vehicular travel area included within a recorded cross-easement may be excluded from the lot coverage calculation of each lot for the purpose of constructing the shared vehicular travel access.

    (2)

    Up to 75 square feet of lot coverage for handicap accessible, pedestrian sidewalk area within a shared cross-easement may be excluded from the lot coverage calculation of each lot for the purpose of constructing the shared pedestrian sidewalk.

    (d)

    Up to a maximum of 200 square feet of lot coverage if one or more bicycle racks are located on improved surfaces in compliance with the requirements of subsection 48-165(e).

    (e)

    Municipally owned walkways, boardwalks, multi-use paths and sidewalks are exempt from the lot coverage requirements of this chapter.

(Code 1990, § 22-120; Ord. No. 04-04-012, § I, 4-7-2004; Ord. No. 06-01-002, § I, 1-4-2006; Ord. No. 10-01-003, Pt. II, 1-20-2010; Ord. No. 16-07-019 , Pt. I, 7-6-2016)