Sec. 16.2. Site Design

16.2.1. Building Placement Standards

Unless otherwise specified within the individual frontage or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. type standards pursuant to paragraph 16.3.2, the following standards shall apply:

A. Build-To Zone

1. Measurement

a. The build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall be measured from back-of-curb of each street and provided as follows:

Design District	Build-to Zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located.
DD	12-18 feet
CD	12-18 feet
CSD	15-25 feet

 

For sides of property that front along a freeway A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or other similar NCDOT right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall be measured from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. line and not the back-of-curb.

b. Where the back-of-curb varies along a street, measurement shall be from the back-of-curb closest to the property line.

2. Conflict with Right-of-Way

a. Where at least 50% of the depth of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. is within right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., an additional two feet shall be added to the depth of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located..

b. Where right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. encumbers the entire build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located.:

(1) The build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall be as follows:

Design District	Build-to Zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located.
DD	0-4 feet from ROW
CD	0-4 feet from ROW
CSD	0-10 feet from ROW

 

(2) An additional adjustment, of the minimum amount necessary to avoid encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. of footings into the street, shall be allowed if demonstrated with a sealed foundation plan.

3. Other Build-to Zone Exceptions

a. Build-to zones shall not apply to alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street..

b. Cornices, eaves, doorway canopies, balconies, and other similar building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. appurtenances can extend out of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located..

c. Podiums The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height., or portions thereof as applicable, can be located out of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. to the minimum extent necessary to avoid existing easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or sight distance triangles.

Commentary:  Any proposed encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. into right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. will require compliance with any other applicable codes and an approved legal agreement with the City or NCDOT, as applicable.

B. Percent Placement

For all frontage types, except as specified below, a minimum percentage of the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall be occupied by the building podium See Podium., calculated as a linear measurement within the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. along the width each street frontage The boundary of a property adjacent to one side of a street. of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site.

Sub-District	Minimum Percent
Core (-C)	80%
Support 1 (-S1)	70%
Support 2 (-S2)	60%
Pedestrian Business (-P(N))	60%

1. Courtyard Frontage Type buildings shall meet the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. placement standards found in paragraph 16.3.1G, Courtyard Frontage Type.

2. For the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type, the street side of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall be used to meet percentage requirements.

3. The percentage can be reduced only to the minimum extent necessary to avoid existing easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., if required to accommodate emergency vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. access or service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops., or if otherwise specified in this Ordinance.

4. The percentage can be reduced by up to 15% for developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that are required to provide public space pursuant to 16.2.4. to accommodate the public open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. street frontage The boundary of a property adjacent to one side of a street. requirement.

C. Required Yards

1. For a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. utilizing a frontage type, no street or side yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. are required.

2. For a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. utilizing a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. type, refer to Sec. 16.3, Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Design.

3. The required rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall be as follows, unless otherwise specified in this Article:

a. For DD-C and DD-S1, no rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. is required.

b. For DD-S2, a 25-foot minimum is required when adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or residential use outside of the DD District.

c. For any CD and CSD sub-districts, a 10-foot minimum rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. is required.

16.2.2. Pedestrian Passages

A. Minimum Required

1. One passage per every 250 feet of aggregate building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade per development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. along a street frontage The boundary of a property adjacent to one side of a street..

2. Where a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. includes the middle 50% of a block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., at least one passage shall be placed within the middle 50% of a block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street..

3. For modifications to existing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., at least one passage shall be required:

a. If additional development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. creates at least 25% new building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. frontage along the street and would exceed the 250-foot façade standard, above; or

b. If replacing structures, or portions thereof, with street frontage The boundary of a property adjacent to one side of a street. that is at least 25% of the overall street frontage The boundary of a property adjacent to one side of a street. and exceeds the 250-foot façade standard, above.

B. Types of Passages

1. At least one passage shall be an “exterior” passage. These are either:

a. Between buildings;

b. An open-air tunnel through a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.; or

c. Through a parking structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

2. Additional passages can be interior through a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

3. Except in conjunction with parking structures, passages shall not be used for motor vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

4. A pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. per paragraph 16.4.3C, Pedestrian Mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. Standards, shall qualify as a passage.

5. Sidewalks shall not qualify as a passage.

C. Dimensional Standards

1. Passages that do not run through parking structures shall maintain a minimum of twelve feet of clearance in width and height.

2. Parking structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. passages shall be designated or marked pathways with a minimum width of six feet.

3. Routes shall be perpendicular to the street frontage The boundary of a property adjacent to one side of a street. with a maximum 15 degree variation to accommodate site or design conditions.

D. Architectural Standards

1. These standards shall apply to passages tunneling through buildings or interior to buildings.

2. Passage entries shall be architecturally distinct by at least two of the following methods:

a. A canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. or awning.

b. A distinctive architectural surround.

c. A change in materials or plane.

E. Lighting

Passages shall be illuminated per paragraph 7.4.3, Standards.

F. Access

1. Pedestrian passages A site feature of Design Districts where a passageway for pedestrian movement is provided through the development site. shall not be blocked, gated, or barred See “Nightclub” in such a manner to prevent 24-hour public access, except as follows for security purposes:

a. Access to passages after hours of operation; or

b. Access to passages that only serve residential uses (including ancillary uses provided for residents of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., such as but not limited to leasing offices A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., pools, and fitness facilities).

2. Gates shall have a maximum opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 50%.

G. Way-finding

Pedestrian way-finding signage shall be provided throughout the passage route.

H. Inter-Connectivity

Pedestrian passages A site feature of Design Districts where a passageway for pedestrian movement is provided through the development site. shall extend through the site to a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or property line.

1. Passages shall either connect to a passage on an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. site or opposing right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., if available; or

2. Provide the ability for an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. to connect to the passage.

3. Passages shall not be required to connect to limited access right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., or active railroad or light rail lines.

16.2.3. Service Areas

A. General Standards

1. Where an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. is existing or proposed, service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. shall be placed along, and accessed from, the alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.. Where conflicts with utilities, sight distance triangles, pedestrian accessibility, or vehicular and service accessibility exist, placement and access points from public or private streets shall be permitted.

2. No service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. shall be placed along a street frontage The boundary of a property adjacent to one side of a street. unless the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site has at least two street frontages The boundary of a property adjacent to one side of a street.. Vehicular access for structured parking per paragraph 16.3.2, Structured Parking, is exempt from this requirement.

3. Unless the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site is bound by right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. on all sides, no service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. shall be permitted along the frontage of the streets in paragraph 16.1.3E.3, Ground Floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Limitations.

4. No garage entry for an individual dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. shall be placed within façades along a street frontage The boundary of a property adjacent to one side of a street.. Such garage entries shall be placed along an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. or common access drive.

5. No frontage type or ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. requirement shall apply within the extent of the service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops..

6. The service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. can be set back a maximum of 10 feet from the build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located., but shall not be set back more than 40 feet from the back-of-curb. The setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. shall apply only for the width of the service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops..

7. Required sidewalk clear zone per paragraph 16.4.2B, Sidewalk Clear Zone, shall be maintained.

B. Street Frontage Service Areas

If a service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. is placed along a street frontage The boundary of a property adjacent to one side of a street., the following shall apply:

1. Corners

A service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. shall be at least 20 feet from any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. corner with street frontage The boundary of a property adjacent to one side of a street..

2. Maximum Designated Area

a. A maximum of 20% of a façade length along each individual street can be designated as a service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops.; or

b. More than 20%, up to a maximum of 40%, of a façade length along only one street can be designated as a service area In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops., with no other service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. allowed along the other street frontages The boundary of a property adjacent to one side of a street..

            

C. Utilities and Solid Waste Facilities

Sec. 7.6, Utility and Solid Waste Facilities Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above., shall apply with the following additional requirements:

1. Solid Waste Collection

a. All new development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., not including structured parking, of 100,000 building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. square footage or greater shall provide trash compactors on site.

b. Where shared solid waste facilities Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above. exist on sites to be redeveloped, the redevelopment shall continue to accommodate sufficient shared facilities.

c. Sites designed with a trash compactor shall be designed to allow solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. to back into the site. In all other instances, a site may be designed to allow solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. to back into the site. The following criteria shall apply in all instances:

(1) The on-site access location shall allow for a maximum of 40 feet into the site;

(2) Pickup only occurs during off-peak hours, as determined by the Transportation Director or designee; and

(3) The street is not a State-maintained road See “Street, Public” and “Street, Private.”.

d. A dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. area for the separation, collection, and storage of recyclables shall be provided.

2. Utilities and mechanical equipment

All utilities and associated equipment, and other mechanical equipment serving the site, shall be installed underground or on rooftops, unless:

a. Another applicable code prevents such locations;

b. If documentation from the service provider prohibits such locations; or

c. If equipment is placed outside of public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and is not visible from off-site by placement internal to the site or walled with material consistent with the primary building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. facade.

16.2.4. Public Space

A. Applicability

1. Unless otherwise specified, public space shall be provided in lieu of the requirements of Sec. 7.2, Open Space.

2. Area developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as required streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. shall not be applied to public space requirements.

3. Public space shall be provided as follows:

a. In DD and CD Districts, public space shall be provided for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of at least 80,000 square feet of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. square footage on 3.5 acres or more.

b. In CSD Districts, public space shall be provided for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of at least 50,000 square feet of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. square footage on two acres or more.

4. Pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. pursuant to paragraph 16.4.3C, Pedestrian Mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. Standards, shall qualify as required public space.

5. Surface parking shall not be placed between public space and a proposed building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

B. Ownership, Management, and Accessibility

The requirements pursuant to paragraph 7.2.5, Ownership and Management of Open Space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., shall apply.

1. Public space shall be maintained for public access even if under private ownership. An easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. to maintain public access shall be required.

2. Public space shall be handicap accessible.

3. Maintenance of public space, if privately owned, shall be the responsibility of the private entity and not that of the City or County.

C. General Requirements

1. Area and Location

a. Public space shall be provided on the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site.

b. Except in the CSD district, a maximum of two public space areas shall be provided.

c. The minimum amount of public space square footage shall be as follows as a percentage of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site area The minimum area required for a particular type of development. The site may then be divided into smaller lots.:

Design District	Minimum Percent
DD	2%
CD	2%
CSD	5%

 

d. Payment in lieu can be provided if such a program has been established.

2. Dimensions

a. The minimum dimension for each public space area shall be 25 feet in all directions.

b. The minimum street frontage The boundary of a property adjacent to one side of a street. width shall be 25 feet.

3. Public Space Amenities

a. Seating

One linear foot of seating for every 100 square feet of public space shall be provided. Ledges and/or walls can be used if the height is 18 to 30 inches high and at least 15 inches deep.

b. Trash/Recycling Receptacles

One set of trash/recycling receptacles per 5,000 square feet, with a minimum of one set, shall be provided.

c. Trees

Two canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees per 1,000 square feet, with a minimum of one, shall be provided.

d. Pedestrian Circulation

Pedestrian circulation shall be provided with a paved walkway with a minimum width of five feet.

(1) In DD, brick double-sailor-course banding as required for sidewalks shall be incorporated into each public space walkway to provide a visual connection from the streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. to the public space.

(2) Lighting shall be provided for walkways and comply with Sec. 7.4, Outdoor Lighting.

e. Incidental Buildings

Incidental buildings are allowed pursuant to paragraph to 16.3.1I.3.c, Permanent Stands/Kiosks, and as follows:

(1) Total incidental building coverage The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. shall be no more than 25% of the required public space for the site.

(2) The buildings shall be no taller than 15 feet.

(3) The buildings shall not extend in front of primary buildings along street frontages The boundary of a property adjacent to one side of a street..

4. Exclusions

a. Forecourts The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall not count towards required public space.

b. Private recreational amenity areas, including but not limited to pools, fitness facilities, lounges and other similar amenities, shall not count towards public space requirements.

c. Rooftops of any type shall not qualify as public space unless approved as an alternative form of compliance A form of compliance that equals or exceeds an applicable standard and is subject to approval as defined in the Unified Development Ordinance. pursuant to paragraph 16.2.4D, below or through paragraph 16.2.4C.5, below, for the CSD district.

5. CSD District Public Space Modifications

a. A maximum of 2% of the required public space may be provided through publicly accessible green roof A vegetated roof treatment that has a layer of soil and a drainage system and is planted with vegetation..

b. The required public space shall be provided in a maximum of three public space areas.

c. Any area of storm water mitigation may count towards a maximum of 2% of required public space.

D. Alternative Form of Compliance

An alternative to the size, configuration, or location requirements (as long as it remains on-site) of open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. may be approved through approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The general findings required for a minor special use permit shall apply, except the following findings shall replace the review factors per paragraph 3.9.8B, Review Factors:

1. That the alternative design shall provide better opportunities to utilize the open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. than would otherwise be provided;

2. That the alternative design provides better access than would otherwise be provided; and

3. The amenities provided are substantially more than the minimum requirements.

16.2.5. Required Vegetation when Creating Vacant Lots

Any lot that becomes vacant due to demolition, for which a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or construction permit has expired or does not exist, shall meet the following standards in addition to any sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control requirements of paragraph 12.10.4B, Stabilization of Disturbed Land:

A. The lot shall be planted with ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion., grass or other appropriate landscape material, or covered with hardscape material, and maintained. No bare earth shall remain visible.

B. These actions must be completed within 30 days of demolition or the expiration of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or construction permit, whichever comes last.

16.2.6. External Access

A. Paragraph 12.2.4, External Access Required, shall not apply within the Downtown Design District.

B. Vehicular Access for Double-Frontage Lots

When vehicular access is proposed for both sides of double frontage lots, access points shall be off-set to inhibit cut-through traffic except in the DD District where alternate access points may be allowed as follows:

a. Shall connect at least two public rights-of-way on opposite sides of the block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings.;

b. Shall be a minimum of 16 feet wide; and

c. Shall be clearly visible to pedestrian and vehicular traffic.