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A. Any legally established lot of record 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 developed with a single-family or two-family 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 developed 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 developed and the size of the lot to be developed is reasonably consistent with the general pattern of surrounding development; or

2. The general area around the subject lot is developed and the building to be constructed will not substantially impact surrounding development in a negative manner; or

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

a. Ownership history;

b. Prior development 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 yard requirements for single-family or two-family residential development on nonconforming lots that do not meet lot width requirements shall be reduced as follows:

1. In the Rural Tier, the sum of the width of the two side yards of a nonconforming lot of record shall be at least 25% of the lot width. The minimum single side yard of a nonconforming lot of record shall be 12% of the lot width. In addition to these requirements, the following minimums apply: if the nonconforming lot of record exceeds a width of 55 feet, then each side yard shall be a minimum of eight feet wide. If the nonconforming lot of record is 55 feet wide or less, each side yard shall be a minimum of six feet wide.

2. In all other tiers, as applicable, no total side yard is required and each individual side yard shall be at least 80% of the required side yard for the district in which the lot is located.