The Southern Shores Planning Board unanimously recommended approval at its April 15 meeting of the latest Zoning Text Amendment about lot width (ZTA 23-05), accepting a definition that we find questionable, but also amending the proposed ordinance to fix an error.
Because Board Chairperson Andy Ward arrived late for the meeting, and neither of the two Alternates attended, only four Planning Board members participated in the discussion and vote about ZTA 23-05.
(For background, see The Beacon, 4/12/24. The Beacon has extensively covered the previous versions of the proposed zoning ordinance changes.)
At issue in ZTA 23-05 is the “how to” of measuring the minimally required width of lots created after June 6, 2023, presumably through recombination or subdivision. A stopgap ordinance has been in effect since that date, essentially requiring all newly created lots to meet the mandatory minimum lot width in a zoning district throughout the lot and, thus, be rectangular. It does not permit irregularly shaped lots.
The proposed ordinance creates a “lot width line” at which to measure a lot’s minimum width, which must be 100 feet in the RS-1 single-family residential and the R-1 low-density residential districts; 75 feet in the RS-8 multi-family residential and the RS-10 high density residential districts; and 50 feet in the government and institutional district.
The ZTA eliminates the use of the “building setback line,” which proved to be confusing, as the line where lot width was to be measured.
Before the Board’s action, the proposed definition of lot width line, which will appear in Town Code sec. 36-57, if the Town Council enacts ZTA 23-05, referred only to 100 feet and not the other mandatory widths in the various districts and read as follows:
“Lot width line means a line established 25 feet from the front lot line, or the point where the lot is 100 feet wide, whichever distance is closer to the front lot line.”
Planning Board Member Robert McClendon picked up on the omission of the other lot widths, as did The Beacon on 4/12/24, and drew it to the attention of Deputy Town Manager/Planning Director Wes Haskett, who had reviewed the ZTA with the Town Attorney. The revised ZTA, which may be presented to the Town Council for public hearing at its May 7 meeting, will refer to the various minimum lots in all of the districts.
Even with this correction, we have a problem with the definition. Perhaps you can tell us what we’re missing. Please comment on the blog web site or email us at ssbeaconeditor@gmail.com. The Planning Director, the Town Attorney, and four members of the Planning Board had no issue with the language, which, with the correction, would read similar to this:
“Lot width line means a line established 25 feet from the front lot line, or the point where the lot is [50/75/100 feet wide, depending on the district], whichever distance is closer to the front lot line.”
Mr. Haskett demonstrated with a visual projection at the meeting how to determine minimum lot width where the width does not measure the mandatory minimum 25 feet from the front lot line: He drew a vertical line from the front line to the area in the lot where the mandatory minimum width, say 100 feet, is achieved, and then drew a horizontal line there from one side lot line to the other, saying that this line is the lot width line.
We follow this thinking, but we ask: When, and how often, is that line ever going to be closer to the front lot line than the line that is 25 feet from the front lot line? And if it is not, won’t the 25-foot line, by the ZTA’s definition, supersede it?
It seems to us that the qualifying phrase “whichever distance is closer to the front lot line,” should be deleted, and the definition written so that the lot width line is where the minimum lot width is first achieved, going from front to back in the lot. It also makes sense to us to require the width of the lot from that line to the back line measure at least the minimum.
Before June 6, 2023, the minimum front-yard setback, also referred to as the building setback line, served as the measuring line for lot width in all of the districts. This setback is 25 feet from the street right of way. With the Town deciding that there no longer is a need or desire to use this setback line for lot width, we see no reason to mention the 25-foot line in ZTA 23-05 and to present an either-or choice.
The point of rewriting the lot width requirements for newly created lots was to eliminate any ambiguities in the Town Code language. We do not believe this objective has been achieved and welcome your comments.
You may access the uncorrected ZTA 23-05 here: https://www.southernshores-nc.gov/sites/default/files/fileattachments/planning_board/meeting/3103/4-5-24_zta-23-05_lot_width.pdf.
COMMERCIAL DESIGN STANDARDS PROPOSED
The Planning Board also discussed proposed ZTA 24-03, which the Town submitted and, in its most significant part, establishes design standards for buildings in the commercial district. (See The Beacon, 4/12/24 for the list of proposed standards.)
Mr. Haskett will revise the ZTA to incorporate the feedback he received from the Planning Board and present a new version of the measure at the Board’s May 20 meeting.
You may access ZTA 24-03 here: https://www.southernshores-nc.gov/sites/default/files/fileattachments/planning_board/meeting/3103/zta-24-03_commercial_design_standards.pdf.
A BREAK ON MEETING REPORTS
We have had great difficulty in recent months in keeping up with the Planning Board and the Town Council and, as a result, have too often written posts belatedly and in haste. Errors have crept into our copy that should not occur. Rather than continue to fight an uphill battle, we are going to take time off from reporting on Town meetings for at least a month. If there is anything of note in the Town Manager’s recommended budget for FY 2024-25, which he will present to the Town Council on May 7, we will bring it to your attention.
Thank you.
EARLY VOTING FOR MAY 14 RUNOFF ELECTION STARTS THURSDAY
Early voting for the May 14 statewide runoff election—aka the second primary election—begins Thursday and will run until May 11, excluding weekends. On the ballot to become their political party’s nominee for the November general election will be two Republican candidates facing off for the offices of N.C. Lieutenant Governor and N.C. Auditor.
A runoff election is held when no candidate from the primary election, which was held on March 5, receives the required 30 percent of the votes cast to be named the party nominee.
James (Jim) O’Neill is vying with Harold (Hal) Wetherman to represent the Republican Party as its nominee for Lieutenant Governor, and David (Dave) Boliek opposes Gerard (Jack) Clark in the second primary race for Auditor.
Only registered Republicans and Unaffiliated voters who voted in the Republican primary on March 5 may vote in the runoff election.
Early voting will be held at the Kill Devil Hills Town Hall, the Dare County Administration Building, and the Fessenden Center Annex in Buxton. The hours are as follows:
April 25 and April 26: from 8 a.m. to 7:30 p.m.
Weekdays, Monday, April 29, to Friday, May 10: from 8 a.m. to 7:30 p.m.
Saturday, May 11: from 8 a.m. to 3 p.m.
There will be no weekend hours other than on May 11.
By Ann G. Sjoerdsma, 4/23/24
The Southern Shores Beacon 