Chimney Rock Village

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LR Minimum Lot Area-Coverage-Width-Lot Size-Road Slope

§ 155.052 USES PERMITTED; MINIMUM LOT AREA, COVERAGE AND WIDTH.

(A) Permitted use.

(1) The LR Low Residential District permits the use of a plot of land for 2-family dwelling use

only under the following conditions:

(a) An attached duplex dwelling; or

(b) A detached guest house or maids quarters, not to exceed 1,250 square feet in size and

provided that the minimum lot size is increased 50%.

(2) All dwelling units shall be under 1 single ownership.

(3) No division of the property less than the minimum lot size is allowable.

(B) Residential. Residential single-and 2-family dwellings as specified in (1) above, including

modular housing and Class A Manufactured Homes.

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(D) Agricultural. Agricultural uses including the sale of agricultural products.
(E) Conditional uses. The following uses are permitted as conditional uses subject to a finding by
the Board of Adjustment that all applicable provisions of this chapter have been met:

(1) Bed and breakfast/inn/tourist home;

(2) Class B manufactured homes; and

(3) Houses of worship.

(F) Minimum yard requirements.

(1) Lots and public records. All lots placed of record in the public records of Rutherford

County prior to the effective date of this chapter shall have minimum setbacks as shown below:

(a) Lots less than 3/4 acre in size:

1. Front: 10 feet;

2. Side: 7-1/2 feet;

3. Rear: 10 feet; and

4. Corner: 15 feet.

(b) Lots 3/4 acre and larger in size:

1. Front: 15 feet;

2. Side: 10 feet;

3. Rear: 15 feet; and

4. Corner: 20 feet.

(2) Placed of record. Property shall be considered placed of record prior to the effective date

of this chapter if:

1. The property is identified as a specific parcel shown on a plat placed in the

Rutherford County public records prior to the effective date of this chapter; or

2. The property is identified as a specific parcel in a deed recorded in the public

records of Rutherford County prior to the effective date of this chapter.

116 Chimney Rock - Land Usage

(3) Lots and records. All lots placed of record in the public records of Rutherford County after

the effective date of this chapter shall have minimum setbacks as shown below:

(a) Front: 20 feet;

(b) Side: 15 feet;

(d) Corner: 20 feet.

(4) Placed of record. Property shall be considered placed of record after the effective date of

this chapter if:

(a) The property is identified as a specific parcel shown on a plat placed in the Rutherford

County public records after the effective date of this chapter; or

(b) The property is identified as a specific parcel in a deed recorded in the public records

of Rutherford County after the effective date of this chapter.

(5) Administrative variance. The Zoning Administrator may authorize minor variances to the

required setbacks as set forth in this chapter, where in the Zoning Administrator's opinion, the variance

is not contrary to the spirit and intent of this chapter and would prevent hardships that may occur because

of unique and unusual shaped plots or because of special conditions that may not pertain to other similar

plots. However, in any case, the Zoning Administrator may not grant an administrative variance greater

than 20% of the required setback and may not grant an administrative variance less than 28 feet from

U.S. Highway 64/74-A.

(6) Setback measurements. Setback measurements from property lines that extend into the

Rocky Broad River, or into Lake Lure, or other body of water, shall be measured from the waters normal

edge. In any case, the minimum setback shall be no less than 20 feet.

(G) Property located in the LR Low Residential District that has been placed of record prior to

October 15, 2002 shall have a minimum lot area as determined by the Rutherford County Health

Department. Property placed of record after the effective date of this section may not be further

re-subdivided in parcels less than minimum lot area required in division (H) below.

(H) Property located in the LR Low Residential District placed of record after May 16, 2006 shall

have a minimum lot area as per the following table, unless additional land area is required as determined

by the Rutherford County Health Department.

(1) Slope not exceeding 9.9%. Property located adjacent to an existing or designed roadway

with a slope not exceeding 9.9%: 43,560 square feet-1 acre.

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(2) Slope of 10% to 18%. Property located adjacent to an existing or designed roadway with
a slope of 10% to 18%: 87,120 feet-2 acres.

(3) Property affected. This section shall affect all property that has not received preliminary
plat approval from the Chimney Rock Village Planning Board as of May 16, 2006.

(I) (1) Lots located in the LR Low Residential District placed of record after November 16, 2004

that are adjacent to the Rocky Broad River, shall have a minimum lot width of 100 feet along the river’s

edge. All lots shall have a minimum lot width of 50 feet abutting a street, except lots abutting cul-de-sacs

or turnarounds may have a lesser width as may be necessary.

(2) Lots located in the LR Low Residential District placed of record after May 16, 2006 that

are adjacent to the Rocky Broad River shall have a minimum lot width of 125 feet along the river's edge.

All lots shall have a minimum lot width of 75 feet abutting a street, except lots abutting cul-de-sacs or

turnarounds may have a lesser width as may be necessary.

(J) Property located in the LR Low Residential District placed of record after November 16, 2004

shall have maximum lot coverage for all primary and accessory structures of 25%.

(K) (1) Lot area. For the purpose of this section, any roadway dedications, roadway easements,
driveway easements, or water areas are not considered when calculating minimum lot area.

(2) Placed of record. Property shall be considered placed of record prior to the date shown in
this section or the effective date of this section as noted if:

(a) The property is identified as a specific parcel shown on a plat placed in the Rutherford

County Public Records prior to the date shown in this section or the effective date of this section, as

noted; or

(b) The property is identified as a specific parcel in a deed recorded in the public records

of Rutherford County prior to the date shown in this section or the effective date of this section, as noted.

(2002 Code, Art. IV, § 92.00.17) (Ord. passed 10-19-1999; Am. Ord. passed 10-15-2002; Am. Ord.

passed 11-16-2004; Am. Ord. passed 5-16-2006; Am. Ord. passed 7-18-2006)