Sec. 16.3. Building Design

16.3.1. Frontage and Building Types

Frontage types define the interface 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. with 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. and public realm. 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. types regulate massing of the entire 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. along all sides.

A. Applicability

1. Unless otherwise indicated in this Article, 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 shall utilize either frontage type requirements 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 requirements, as permitted.

2. Frontage Type Applicability

a. Frontage types apply to all façades fronting along the following facilities: public and private streets, existing and adopted light rail corridors, common access drives serving multiple parcels See “Lot of record.” or primary entrances, and public open spaces 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. such as parks, paved trails, and 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..

b. Frontage types shall not apply along 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., except where there is sole or primary access to a townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse lot, as allowed pursuant to paragraph 16.4.4D.3.

c. Frontage types shall not apply along freeways 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. and 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..

3. Building Type Applicability

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 shall be applied only in instances specified pursuant to the standards of the specific 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.

B. Combinations

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. can employ different frontage types, but 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. types cannot be combined.

C. Permitted Frontage and Building Types

Permitted frontage and 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. types are indicated by a “✔” in the table below.

		Frontage Type				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
Sub-District		Storefront	Arcade	Courtyard	Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type.	Monumental	Incidental	Accessory
Downtown Design	DD-C	✔	✔	✔	✔	✔	✔	✔
	DD-S1	✔	✔	✔	✔	✔	✔	✔
	DD-S2	✔	✔	✔	✔	✔	✔	✔
Compact Design	CD-C	✔	✔	✔	✔	--	✔	✔
	CD-S1	✔	✔	✔	✔	✔	✔	✔
	CD-S2	✔	✔	✔	✔	✔	✔	✔
	CD-P(N)	✔	✔	✔	--	--	✔	✔
Compact Suburban Design	CSD-C	✔	✔	✔	✔	✔	✔	✔
	CSD-S1	✔	✔	✔	✔	✔	✔	✔
	CSD-S2	✔	✔	✔	✔	✔	✔	✔

 

D. Storefront Frontage Type

 

    

1. Description

A 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. with façades replicating traditional storefront design.

2. Building Standards

The following standards shall apply to the Storefront Frontage Type.

a. 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. mass shall be articulated with individual vertical divisions pursuant to paragraph 16.3.5C, Podium 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. Vertical Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety., spaced a maximum of 50 feet apart with a storefront.

b. A storefront window system An architectural wall assembly of large glass panes framed in relatively thin metal members and typically used at the ground level of commercial buildings. shall be used at the 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..

c. A primary horizontal articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. shall be made between the 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. and the upper floors that include a change in material or change in plane.

d. A secondary, tripartite, horizontal articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. shall be made within the 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. façade (for example: kickplate, storefront, and transom).

e. 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. entries shall be level with the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. sidewalk and not cause doors to extend into the clear zone of a sidewalk.

f. If entries are recessed:

(1) The recessed area shall be proportionally wider (Y) than they are deep (X); and

(2) The entry can face the street or face the side of the recessed area.

E. Arcade Frontage Type

1. Description

A 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. with a recessed 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. façade that creates a linear passageway parallel to the street, covered by the upper stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. of 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. which extend 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..

2. Building Standards

The following standards shall apply to the Arcade Frontage Type:

a. The recessed façade at the 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., or “arcade,” shall comply with standards for the Storefront Frontage Type.

b. The depth (X) of the arcade shall be a minimum of eight feet and a maximum of 20 feet, measured from 12 feet from back-of-curb.

c. Upper podium 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. levels shall be located 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..

d. Upper stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. shall be either cantilevered or supported by columns.

e. When columns are used:

(1) Columns shall be placed 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..

(2) Voids between columns shall not be permanently filled in.

(3) A minimum of 65% of the colonnade façade at the 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. shall be open.

F. Courtyard Frontage Type

 

 

1. Description

A 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. with a full height recessed façade for a portion of 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. frontage where 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.(s) creates enclosure around an internal void (such as a U shaped 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. footprint).

2. Building Standards

The following standards shall apply to the Courtyard Frontage Type:

a. Dimensional Standards

Requirement	Minimum	Maximum
Required street frontage The boundary of a property adjacent to one side of a street. of the lot (W)	100 feet	—
Required courtyard width (Z) within build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located.	20% of 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. frontage or 30 feet, whichever is greater	50% of 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. frontage
Required courtyard depth (Y)	50% of courtyard width (Z) or 30 feet, whichever is greater	—
Required courtyard width to 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. height ratio (Z:X)	1:2 (width half 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. height)	2:1 (width double 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. height)
Required courtyard interval (defined as wing, courtyard opening, and wing)	—	200 feet

 

b. Courtyard openings shall not be placed on block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. corners.

c. Primary or Main Entrances

Primary or main entrances An ingress/egress of a building designed to accommodate a predominant amount of foot traffic for the building.:

(1) Shall be spaced at a maximum of 150-foot intervals along the frontage; and

(2) Can be located in the courtyard instead of, or in addition to, entrances at the street.

d. Courtyard amenities

When 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. project does not have required 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. per paragraph 16.2.4, 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., the following shall be provided:

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

(2) Seating shall be provided at a rate of one linear foot per 100 square feet of courtyard, with a minimum of two seats. Ledges and/or walls can be used if the height is 18 to 30 inches high and 15 inches deep.

 

G. Forecourt Frontage Type

1. Description

A 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. with façades that are separated from the sidewalk and/or street by a small forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type..

2. Uses

Forecourts The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall only be used for:

a. Dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. designed at 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. along the street frontage The boundary of a property adjacent to one side of a street.; or

b. Guest rooms A room or suite used as living accommodations for one or more paying visitors. for overnight accommodations designed at the 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. along the street frontage The boundary of a property adjacent to one side of a street..

3. Building Standards

The following standards shall apply to the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type:

a. Placement

(1) The required forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall be established 12 feet from back-of-curb. If that placement 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., the placement shall be adjusted to 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.

(2) The forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. may be established further than 12 feet only to the 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. 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. or an existing easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

b. Depth

The minimum depth shall be five feet and the maximum shall be 12 feet.

c. Fence or Wall

(1) A minimum two-foot-high fence or wall is required at each forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. frontage along a street or other facility per paragraph 16.3.1A.2, Frontage Type Applicability, and shall comply with the provisions of Sec. 9.9, Fences and Walls.

(2) The fence or wall shall be required for at least 60% of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. frontage.

d. Access

(1) Each forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. shall provide either primary or secondary entrances, in addition to entrance requirements per paragraph 16.3.4, 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. Access. If a forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. spans more than one 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., each 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 have an entrance to the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type..

(2) External access to the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. from the street shall be required at a minimum rate of one per 250 linear feet of or portion thereof.

e. Amenities

(1) At least three of the following shall be provided within the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. for every 50 linear feet of forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. frontage, or portion thereof. Any two of paragraphs (a) through (c) below can be combined as long as dimensional standards are met for each item.

(a) Seating – One linear foot for every 100 square feet of forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type., with a minimum of two seats. Ledges and/or walls can be used if the height is 18 to 30 inches high and at least 15 inches deep.

(b) Raised planters (minimum planting area of 10 square feet) and/or an ornamental tree. These shall not count towards street tree requirements.

(c) A fence or wall two to four feet in height, parallel to 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. face to create defined spaces.

(d) A trellis or tensile canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. (not retractable) with a depth of at least 75% depth of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type..

(2) Within the S1 and S2 Sub-districts

Forecourts The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. within the S1 and S2 sub-districts shall also provide the following landscaping within the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type.:

(a) Landscaping shall be provided at a minimum of 25% of the court area.

(b) Landscaping shall consist of raised planters with a minimum planting area of 10 square feet and/or in-ground landscaping consisting of shrubs or understory trees.

(c) Landscaping can be used to satisfy the requirement of paragraph e(1), above.

(3) Planters provided for forecourts The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. serving individual dwelling units 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 built-in or secured to the ground.

H. Monumental Building Type

    

1. Applicability

This 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 can be utilized for public or private 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. with a qualifying use as listed below.

2. Qualifying Uses

a. Monumental 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. Types can be used for only the following primary uses:

(1) Auditorium;

(2) City Hall or County Administration Complex;

(3) Courthouse;

(4) Library;

(5) Museum Establishments for the display of art or historic or science objects.;

(6) Passenger terminal;

(7) Place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses.;

(8) School, elementary, middle, or high; or

(9) Theater A building or structure which contains an assembly hall for the performing arts and/or for the showing of motion pictures..

3. Building Standards

a. The minimum 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. 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. shall be 20 feet.

b. The minimum side 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. shall be 20 feet on each side.

c. A minimum street frontage The boundary of a property adjacent to one side of a street. of 200 feet shall be required. 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. with multiple street frontages The boundary of a property adjacent to one side of a street. only one frontage shall be required to meet the minimum.

d. The following architectural standards shall apply:

(1) When provided, punched windows shall be a minimum of two feet wide by four feet tall.

(2) The primary entrance shall be located on the front façade and shall face the street 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. along the primary public or private street frontage The boundary of a property adjacent to one side of a street.. The front façade shall be clearly defined and have a greater level of architectural expression and articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. than the remaining façades.

(3) The primary entrance shall be articulated as a major component of the main façade.

(4) 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. materials shall consist of brick, cast in place concrete or pre-cast concrete panels, glass, metal, and/or stone.

4. Front Facade Street Yard Standards

The front façade street 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. shall meet the following requirements:

a. It shall be no more than three vertical feet higher than sidewalk grade A land disturbing activity that modifies the contours of the land. at the street frontage The boundary of a property adjacent to one side of a street. for a minimum depth of five feet, measured from the property line at 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..

b. It shall have a minimum depth of 20 feet from the back-of-curb, extend a minimum of the length of 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. along the street frontage The boundary of a property adjacent to one side of a street., and be comprised completely of landscaping and hardscaping as described below.

c. A minimum of 30% of the street 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. area shall be comprised of hardscaping and shall include the following:

(1) The entire hardscaped area shall be covered with modular pavers, decorative concrete, or stone paving.

(2) A minimum of one “element of interest” (i.e., fountain, art, clock, etc.) shall be provided.

(3) One linear foot of seating per 40 square feet of hardscaped area shall be provided.

(4) One trash and one recycling receptacle per 5,000 square feet of hardscaped area shall be provided.

d. A minimum of 30% of the street 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. area shall be comprised of landscaping and shall include the following:

(1) One 2 ½-inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. tree per 1,000 square feet of landscaped area shall be required; and

(2) No more than 50% of the landscaped area shall be lawn. The remainder of the area shall be planted with trees, shrubs, perennials, and/or annuals.

e. It shall not be blocked, gated, or barred See “Nightclub” in such a manner to prevent 24-hour public access.

I. Incidental Building Type

1. Description

Incidental buildings are primary structures that, due to size and/or use, frontage types would not be appropriate, as prescribed below.

2. Standards

a. Except for permanent sales stands/kiosks and rail signal/utility shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. or cabinets, if other structures than those indicated below are located 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, then those structures indicated below shall be considered accessory structures and not incidental buildings.

b. No 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. requirements shall apply.

3. Types of Incidental Buildings

a. Park and Urban Agriculture Buildings

(1) Park buildings (restrooms, shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster., and other similar structures) and urban agriculture buildings (greenhouses, including hoop houses of similar size to greenhouses, tool/storage sheds, and other similar structures) shall have a minimum 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. of 20 feet from the street 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 a minimum 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. of five feet from all other property lines. Setbacks 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 be increased 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, if required.

(2) The maximum height shall be one story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck..

b. Rail Signal Shelters

(1) Rail signal shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. shall be located in railroad 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. unless documentation is presented to the Planning Director or designee that the shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. must be placed outside of 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. and there is no alternative.

(2) If shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. are placed outside of railroad 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 following shall apply:

(a) Shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. shall be of a uniform weather-resistant material of either aluminum or steel kept in a metallic appearance; or

(b) If a different weather-resistant material or appearance is used, or if the shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. is placed within 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., the shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. or covered by public art A work of art in any medium that has been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outdoors and publicly accessible. that received a recommendation of approval by the Durham Arts Council Committee.

(c) The location of the shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. shall not conflict with any 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. amenities and shall maintain required clear zones.

c. Permanent Stands/Kiosks

Commentary:  Additional permits and license agreements may be required to use the public sidewalk.

(1) The maximum size of each stand or kiosk shall be 50 square feet, unless located within public space pursuant to paragraph 16.2.4C.3, Public Space Amenities.

(2) If located within public sidewalks or other public or private pedestrian walkways, required clear zones shall be maintained.

(3) Design Standards

The integrity of the stand or kiosk shall be maintained. Portions of the 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. that are torn, broken, dented, or otherwise damaged shall be repaired or replaced.

(4) Signage

(a) A maximum of one sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. per side is allowed.

(b) Maximum size per sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be eight square feet.

(c) Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall not contain changeable copy The characters, letters, or illustrations of a sign that change, either manually or electronically, without altering the sign..

(d) Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall not extend above the roofline of the stand or kiosk.

J. Accessory Structures

Accessory structures shall be subject to the applicable requirements pursuant to paragraph 5.4.1, Accessory Structures, except as follows:

1. Accessory structures in Design Districts shall be located to the rear of the rear building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. of the primary 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.(s) and shall be subject to the side and 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. requirements of those districts.

2. The height of the 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. shall not exceed 35 feet and shall not exceed the primary 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. in height.

3. The 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. shall be compatible with the primary 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. in style, materials, roof form, and details.

16.3.2. Structured Parking

The following standards apply to structured parking, either as a stand-alone 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 as a component 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.:

A. Ground Floor

1. Parking shall not be exposed on the 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..

2. A frontage type pursuant to paragraph 16.3.1, Frontage and 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. Types, shall be required along a 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. or 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..

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. frontage along 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 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. shall only be uses (pursuant to paragraph 16.1.3, Uses and Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance.) other than parking.

a. The area required for the uses shall have a minimum interior depth of 20 feet and a minimum clear ceiling height of 14 feet.

Commentary: “Clear ceiling height” typically refers to the measured height from floor to ceiling without obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream..

b. For structured parking in a completely residential 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., the ancillary uses typically 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 lobbies, fitness rooms, and 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., shall be considered nonresidential uses.

c. Pedestrian and vehicular access to parking is allowed.

4. No more than 30% of the 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. materials along the 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. along all sides shall be exposed concrete.

5. Where non-vehicular vertical circulation elements are located along the street frontage The boundary of a property adjacent to one side of a street. they shall meet either the Storefront or Arcade Frontage Type requirements. Entrances to non-vehicular vertical circulation shall have direct access to and from the street frontage The boundary of a property adjacent to one side of a street..

6. In order to minimize conflict between pedestrians and 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. at pedestrian access points:

a. Pedestrian sight distance triangles for 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. exiting the 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. measuring 10 feet by 10 feet, or pedestrian warning devices, shall be provided at all vehicular access points.

b. Pedestrian sight triangles shall be measured from the edge of the 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. travel lane to the edge of the sidewalk or walkway closest to the 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..

7. Paragraphs 1 through 3 and 5, above, shall not apply to a frontage along a 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 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..

B. Architectural Standards

The following architectural standards shall apply to any 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. façade visible from 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.:

1. 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. requirements above the 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., per paragraph 16.3.6A, Minimum 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., shall not apply.

2. Paragraph 16.3.5, General Facade Requirements, shall apply.

3. The sloping nature of the interior 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. shall not be exposed, repeated, or revealed on the exterior façade. Ramping in parking structures shall be internalized or screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. to avoid an angular geometry to the perimeter of the 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..

4. When 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. in conjunction with another principal 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.(s), or as a component 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., exterior walls of parking structures shall be finished with the same material to match the architectural design of the principal 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.(s).

5. Exterior walls or decorative screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. measuring at least four feet in height from each floor level shall be required and be 100% opaque in order to screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. head or tail lights of 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..

6. All openings shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. with material that is at least 60% opaque, while allowing for required ventilation per the NC 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. Code. Such screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. can consist of decorative screens The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., vegetative walls, or window frames, and shall be articulated with additional columns or pilasters.

7. Louvers shall not be used for screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views..

16.3.3. Height

A. Podium Height

The minimum and maximum podium 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. height is established along the street frontage The boundary of a property adjacent to one side of a street. based on sub-district.

1. All buildings utilizing frontage types, except the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type, shall meet the podium 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. height 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..

2. Buildings utilizing the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type shall meet the podium 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. height at the back of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type..

B. Application of Multiple Height Standards

For buildings where multiple height standards apply, each portion of 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. is allowed to build to the allowable height in the sub-district where that portion of 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. is located. Height will be computed independently for each portion of 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. in each sub-district.

C. Sub-District Requirements

1. DD District

a. Unless otherwise specified, the following standards shall apply to all frontage and 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. types:

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. Height and Massing

Height Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. (Massing)						Optional Corner Tower Elements: Additional Height above Proposed Podium 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. Height
DD Sub-Districts	Minimum/Maximum Podium 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. Height		Minimum Upper Story Step-Back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level.	Maximum 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. Height without Provisions	Maximum 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. Height with Provisions
Core (-C)	30 feet min	75 feet max1	10 feet	300 feet	Unlimited	30 feet
Support 1 (-S1)	30 feet min	75 feet max1	10 feet	100 feet	175 feet	20 feet
Support 2 (-S2)	20 feet min	35 feet max	10 feet3	35 feet2/50 feet	65 feet	12 feet
1See paragraph (1), below, for additional height allowance 2See paragraph (2), below, for height allowance. 3See paragraph (3), below, for step-back requirements.

 

(1) For the Core and S1 sub-districts, if the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. 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. is at least 100 feet wide, then the maximum podium 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. height shall be 100 feet.

(2) In the S2 sub-district, the maximum 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. height without provisions shall be 35 feet when within 75 feet of non-design district zoning.

(a) Measurement shall be made from the zoning line. 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. shall be excluded from the 75-foot measurement.

(b) The maximum 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. height can be 50 feet with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(3) The upper-story step-back is applied to all stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. that exceed the maximum podium 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. height.

(a) No step-back is required in the S2 sub-district when utilizing “maximum 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. height without provisions”.

(b) In the S2 sub-district, the minimum upper story step-back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. or a change in 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. materials at and above the maximum podium 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. height is required when utilizing the “maximum 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. height with provisions.”

(4) The Monumental 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 shall be exempt from height articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. requirements.

(5) Incidental and Accessory 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. 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. Types shall be exempt from the requirements in paragraph a, above.

(6) Balconies and bay windows that extend out from 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. are not required to meet step-back requirements.

b. Corner Tower Elements

When provided, a corner tower element A corner tower element is an accentuated vertical element located on a building corner at a street intersection allowed to be taller than the rest of the building. shall be limited in width and depth to a maximum of 25% of 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. frontage.

c. Maximum Building Height with Provisions

The maximum 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. height with provisions, as allowed in paragraph 16.3.3C.1.a, above, can be achieved by providing provisions for 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 pursuant to the table below.

(1) Project provisions required elsewhere in this Ordinance or in the City Code shall not qualify as amenities to achieve the height.

(2) The additional height shall be applied to the overall 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. height, and not to the maximum podium 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. height.

(3) The additional height allowed is subject to the upper story step-back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. requirements.

(4) Eligible Provisions

Project Provisions	Standards	Additional Height Allowance
		Core	Support 1	Support 2
Historic Preservation	Undertake or incorporate the adaptive reuse of an existing historic 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., including local landmarks, National Register properties, contributing buildings in a historic district, or structures which the applicable governing body has determined to be of local historic significance. The renovation can add onto the 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. but shall not demolish any historically significant portion of the 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..	45 feet	30 feet	—
Affordable Housing	At least 15% of the units in a project meet the definition of an affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department..	60 feet	45 feet	Due to varying base maximum heights, see “Maximum 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. Height with Provisions” in paragraph 16.3.3C.1.a for the ultimate height allowance with this provision
Green Roof A vegetated roof treatment that has a layer of soil and a drainage system and is planted with vegetation.	Provide a green roof A vegetated roof treatment that has a layer of soil and a drainage system and is planted with vegetation. in accordance with City of Durham Public Works Standards, equivalent to at least 50% of 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. footprint area.	15 feet	15 feet	—
Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. Capture and Reuse	Provide cistern(s) to collect stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. from on-site rooftop impervious surfaces A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. with a minimum volume to accommodate the first one inch of rainfall. To receive this credit the runoff Water from precipitation that flows off a property. must be captured and used on site for the purposes of flushing toilets or irrigation.	15 feet	15 feet	—
Water Reclamation	Water reclamation and reuse from mechanical equipment or other on-site sources	15 feet	15 feet	—
Materials and Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety.	Façade projections of at least 3 feet or recesses of at least 5 feet in depth covering at least 40% of the podium 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. façade on all sides, and a minimum of 30% of each 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 the use of metal, brick, terracotta, stone, or other masonry materials.	30 feet	30 feet	—
Public Parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user.	1. Provide parking within 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. dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. for public use. The public parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user. provided shall not count towards maximum parking allowed for the project. a. The public parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user. shall be in structured parking. b. The amount of parking shall be at least 50 spaces, or an amount equal to at least 20% of the minimum amount of parking required for 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., whichever is greater. 2. At least three of the public parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user. spaces shall be electric 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. charging spaces. 3. Public parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user. spaces shall be accessible 24 hours/day and under control of the City through an operational agreement with the City. The City can, at its discretion, limit the hours of accessibility.	30 feet	30 feet	—

 

2. CD District

a. Unless otherwise specified, the following standards shall apply to all frontage and 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. types:

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. Height and Massing

CD Sub-Districts	Height Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. (Massing)			Maximum 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. Height without Provisions	Maximum 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. Height with Provisions	Optional Corner Tower Elements: Additional Height above Proposed Podium 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. Height
	Minimum/Maximum Podium 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. Height		Minimum Upper Story Step-Back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level.
Core (-C)	30 feet min	75 feet max1	10 feet	90 feet	145 feet	30 feet
Support 1 (-S1)	30 feet min	50 feet max	10 feet	60 feet	90 feet	15 feet
Support 2 (-S2)	20 feet min	45 feet max	10 feet4	35 feet2 / 45 feet	60 feet	15 feet
Pedestrian Business (-P(N))	20 feet min	35 feet max	10 feet	40 feet / 55 feet3	—	—
1 See paragraph (1) for additional height allowance. 2 See paragraph (2), below, for height allowance. 3 Height restrictions are located in paragraph 16.3.3C.2, Pedestrian Business Sub-District (Ninth Street) (CD-P(N)) Height. 4 See paragraph (3), below, for step-back requirements.

 

(1) For Core, if the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. 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. is at least 90 feet wide, then the maximum podium 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. height shall be 90 feet.

(2) In the S2 sub-district, the “maximum 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. height without provisions” shall be 35 feet when within 75 feet of non-design district zoning.

(a) Measurement shall be made from the zoning line. 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. shall be excluded from the 75-foot measurement.

(b) The maximum 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. height can be 45 feet with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(3) The upper-story step-back is applied to all stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. that exceed the maximum podium 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. height.

(a) No step-back is required in the S2 sub-district when utilizing the “maximum 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. height without provisions”.

(b) In the S2 sub-district, the minimum upper story step-back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. or a change in 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. materials at and above the maximum podium 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. height is required when utilizing the “maximum 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. height with provisions.”

(4) The Monumental 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 shall be exempt from height articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. requirements.

(5) Incidental and Accessory 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. 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. Types shall be exempt from the requirements in paragraph a, above.

(6) Balconies and bay windows that extend out from 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. are not required to meet step-back requirements.

b. Corner Tower Elements

When provided, all corner tower elements on a single 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 have a combined maximum width and depth of 20% of 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. frontage or 30 feet, whichever is less.

c. Pedestrian Business Sub-District (Ninth Street) (CD-P(N)) Height

For properties within the CD-P(N) the following height restrictions shall apply:

(1) East Side of Ninth Street

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. height shall not exceed 40 feet and shall not exceed three stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck..

(2) West Side of Ninth Street

(a) Along the western Ninth Street frontage The boundary of a property adjacent to one side of a street., 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. height shall not exceed 55 feet and shall not exceed four stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. in the area extending 230 feet in from the north and south sub-district boundaries in accordance with the figure below.

 

(b) If not governed by paragraph (a) above, 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. height shall not exceed 40 feet in height and shall not exceed three stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck..

d. Maximum Height with Provisions

The maximum 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. height with provisions as allowed in the table in paragraph 16.3.3C.2.a, above, can be obtained only in the Core, S1, and S2 sub-districts with a provision as indicated below.

(1) A provision cannot qualify for additional height if it is a requirement elsewhere in this Ordinance or in any other code or regulation.

(2) The Affordable Housing Provision can apply to additional height and additional density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. pursuant to paragraph 16.1.3E.2.d, Additional Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

(3) The additional height shall be applied to the overall 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. height, and not to the maximum podium 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. height. The required upper-story step-back shall also apply.

(4) Eligible Provisions

The following shall be the eligible provisions that qualify for additional height:

Project Provisions	Standards	Additional Height Allowance
		Core	Support 1	Support 2
Affordable Housing	The project implements Sec. 6.6, Affordable Housing Bonus.	45 feet	30 feet	Due to varying base maximum heights, see “Maximum 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. Height with Provisions” in paragraph 16.3.3C.2.a for ultimate height allowance with this provision
Historic Preservation	Undertake or incorporate the adaptive reuse of an existing historic 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., including local landmarks, National Register properties, contributing buildings in a historic district, or structures which the applicable governing body has determined to be of local historic significance. The renovation can add onto the 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. but shall not demolish any historically significant portion of the 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..	45 feet	30 feet	—
Water Reclamation	Water reclamation and reuse from mechanical equipment or other on-site sources	15 feet	15 feet	—
Materials and Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety.	Façade projections of at least 3 feet or recesses of at least 5 feet in depth covering at least 40% of the podium 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. façade, and a minimum of 30% of each 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 the use of brick, terracotta, or stone materials.	30 feet	30 feet	—
Public Parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user.	1. Provide parking within 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. dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. for public use. The public parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user. provided shall not count towards maximum parking allowed for the project. a. The public parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user. shall be in structured parking. b. The amount of parking shall be at least 50 spaces, or an amount equal to at least 20% of the minimum amount of parking required for 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., whichever is greater. 2. At least three of the public parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user. spaces shall be electric 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. charging spaces. 3. Public parking Parking spaces or areas controlled by, or under contract with, a governmental entity to allow for general public use of the parking spaces and not dedicated to a specific user. spaces shall be accessible 24 hours/day and under control of the City through an operational agreement with the City. The City can, at its discretion, limit the hours of accessibility.	30 feet	15 feet	—

 

3. CSD District

a. Unless otherwise specified, the following standards shall apply to all frontage and 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. types:

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. Height and Massing

CSD Sub-Districts	Height Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. (Massing)			Residential2 Maximum 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. Height without Affordable Housing Bonus	Nonresidential Maximum 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. Height without Affordable Housing Bonus	Maximum 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. Height with Affordable Housing Bonus3	Optional Corner Tower Elements: Additional Height above Proposed Podium 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. Height
	Minimum/Maximum Podium 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. Height		Minimum Upper Story Step-Back The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level.
Core (-C)	30 feet min	75 feet max1	20 feet	145 feet	300 feet	300 feet	30 feet
Support 1 (-S1)	25 feet min	75 feet max	20 feet	45 feet	90 feet	145 feet	15 feet
Support 2 (-S2)	20 feet min	35 feet max	10 feet4	35 feet	60 feet	60 feet	15 feet
1 See paragraph (1) below for additional height allowance. 2 Mixed use A development that includes both residential and nonresidential uses as principal uses on the same development site. See paragraph 4.4.5 , Mixed Use, and paragraph 6.11.7, Mixed Use (MU). 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. with a residential component are considered residential for establishing maximum allowable height. 3 See paragraph c below for affordable housing height bonus requirements. 4 See paragraph (2) below for step-back requirements.

(1) For Core, if the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. 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. is at least 90 feet wide, then the maximum podium 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. height shall be 90 feet.

(2) The upper-story step-back is applied to all stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. that exceed the maximum podium 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. height.

(a) The step-back is required in the S2 sub-district only if the affordable housing bonus is utilized.

(b) In the S2 sub-district, the step-back can be replaced with a change in 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. materials at and above the maximum podium 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. height.

(3) The Monumental 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 shall be exempt from height articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. requirements.

(4) Incidental and Accessory 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. 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. Types shall be exempt from the requirements in paragraph a, above.

(5) Balconies and bay windows that extend out from 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. are not required to meet step-back requirements.

(6) The maximum height allowances for congregate and independent living facilities A facility consisting of a single building or group of buildings with one ownership and management in which the residents are persons at least 55 years of age, their spouses, and/or their surviving spouses, and with or without an on-site resident manager. Residents live in their own dwelling units. The facility maintains a common dining room and typically provides personal services such as transportation, banking, and/or a barber shop/hair salon; recreational activities and amenities; concierge services; and housekeeping for residents and their guests. Health maintenance services and/or treatment are not provided. shall be the “Nonresidential Maximum 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. Height without Affordable Housing Bonus” category.

b. Corner Tower Elements

When provided, all corner tower elements on a single 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 have a combined maximum width and depth of 20% of 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. frontage or 30 feet, whichever is less.

c. Maximum Height with Affordable Housing Bonus

(1) Within any sub-district, provided that at least 15% of the total number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. in the project qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department., the Maximum 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. Height with Affordable Housing Bonus shall apply.

(2) Only projects with a minimum of 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., or projects adding at least 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. to an 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., shall be eligible for the affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonuses.

(3) Requirements pursuant to paragraph 6.6.1, General Requirements, shall apply.

16.3.4. Building Access

A. General Access Requirement

Except 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 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., each street frontage The boundary of a property adjacent to one side of a street. facade or 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. facade shall have at least one entrance with direct access to the street or 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..

B. Primary or Main Entrance

1. A primary entrance shall be on a street frontage The boundary of a property adjacent to one side of a street. façade and shall:

a. Be within 30 vertical inches of the street grade A land disturbing activity that modifies the contours of the land.;

b. Face the street unless otherwise allowed; and

c. Have direct access to the street.

2. Primary entrances shall be:

a. Clearly defined and articulated by decorative surrounds, thresholds, pediments, distinctive lighting, lintels, sidelights, canopies, or other distinctive architectural elements which frame and identify the entrance; and

b. Larger in scale than secondary entrances.

3. Entries from parking areas shall be secondary in nature and articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety..

C. Exemptions

Exemptions from paragraph B, Primary or Main Entrance An ingress/egress of a building designed to accommodate a predominant amount of foot traffic for the building., above, are as follows:

1. Entrances to the Courtyard and Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Types, per paragraph 16.3.1F, Courtyard Frontage Type, and paragraph 16.3.1G, Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type.

2. Existing entrances designed and used as the primary entrance for 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., as long as access to the street is maintained.

3. The standards shall not apply to frontage 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..

16.3.5. General Facade Requirements

Facades of buildings shall be designed as follows. Portions 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. façades used as retaining walls shall also be subject to these standards.

A. Variation of Exterior Materials

1. Changes in exterior 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. materials shall only occur as defined lines, edges, or a minimum three-inch change of plane.

2. When vertical changes in exterior 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. materials occur at a corner, they shall only occur at inside corners of 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. façade.

3. Incidental changes in material, such as but not limited to quoins or keystones, are allowed.

    

B. Building Length

In CD-P and CD-S2, the maximum 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. length along each street frontage The boundary of a property adjacent to one side of a street. shall be 400 feet. Otherwise, the maximum length shall be 500 feet. The measurement 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. length shall exclude courtyards compliant with dimensional standards of the Courtyard Frontage Type.

C. Podium Vertical Articulation (Divisions)

1. Vertical divisions shall be articulated for the entire height of the podium 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..

2. 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. 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. shall have multiple vertical divisions articulated using at least one of the following methods:

a. A change in 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. materials, textures, or material coloring (paint color shall not qualify); or

b. A change of plane of at least six inches.

3. For buildings in the CD-P(N) sub-district, the rhythm established by typical widths of the traditional commercial structures on the east side of Ninth Street between Perry Street and West Markham Avenue shall be maintained.

D. Podium Horizontal Articulation Standards (Layers)

1. Extent of Articulation

a. For buildings with a podium 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. of fewer than four stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck., the building base The lower level(s) of the building podium specifically designed and articulated as the base or plinth of the building. shall be less than 50% of the podium 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. height.

b. For buildings with a podium 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. of four or more stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck., the building base The lower level(s) of the building podium specifically designed and articulated as the base or plinth of the building. shall extend through the top of the first or second story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck..

2. Visual Distinction

a. The building base The lower level(s) of the building podium specifically designed and articulated as the base or plinth of the building. shall appear visually distinct from the upper stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. of the building podium See Podium., through the use of the following:

(1) A change in 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. material type, scale, or finish; and

(2) A change in window style.

b. The top of the podium 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. shall be articulated with discernible cornice lines, parapets and/or fasciae that create three-dimensional relief or reveal.

c. The building base The lower level(s) of the building podium specifically designed and articulated as the base or plinth of the building. may vary in height as long as it complies with paragraph 1, above.

d. A maximum of 30% of a façade width can contain a visually distinct and uniform design extending from the base through the upper levels of the podium 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..

E. Corner Facades

1. Buildings with multiple street frontages The boundary of a property adjacent to one side of a street. shall be designed with all street-facing façades having similar architectural expression and articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety..

2. Any corner tower element A corner tower element is an accentuated vertical element located on a building corner at a street intersection allowed to be taller than the rest of the building. shall wrap both sides of the corner and be articulated as a distinct vertical element. This element shall not appear merely as a coplanar extension of the main façade.

16.3.6. Glazing Requirements

A. Minimum Glazing

1. Facades requiring a frontage type, and frontage along Freeways 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., shall provide glazed 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. window or door openings at the following minimum percentages:

 

Level Category	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. Required	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. for Portion with 4% Slope or Greater 1
At 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.
Storefront and Arcade Frontage Types	65%	50%
Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type	50%	50%
Monumental 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	30%	25%
Courtyard Frontage Type	30%	30%
Frontage along Freeways 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.	50%	50%
Podium 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. Levels above 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.	25%	25%
All Levels above the Podium 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.	20%	20%
Exceptions to the above Criteria:
Overnight Accommodations at 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.2	30%	25%
Residential at 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.	30%	25%
Structured Parking	See paragraph 16.3.2
1 Slope is measured parallel to the street. 2 This percentage shall apply only to the façades for the guest rooms A room or suite used as living accommodations for one or more paying visitors. at the 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.. Facades for lobbies, restaurants An establishment primarily engaged in the retail sale of food, where the sale of alcoholic drinks, such as beer, ale, wine, and liquor may also occur as a secondary function. Food and alcoholic drinks are primarily consumed on the premises where sold or in a designated social district; however, the take‐out of food & drink may occur, including to patrons who remain in vehicles., meeting rooms, or other accessory areas shall utilize the applicable standard.

 

2. Calculation Method

a. Each level category shall be calculated independently per façade, and each building elevation One of the exterior vertical faces of a building. shall comply with each 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 unless exempted or other requirement is indicated.

Example:  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 the storefront frontage type shall demonstrate the 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. at the 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. is at least 65% of the façade of that level, podium 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. levels above street shall have a 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. of 25% of the aggregate of those levels, and 20% 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. of the aggregate of all levels above the podium 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..

b. Calculations shall be made from the finished floor elevation to finished floor elevation or finished roof surface, as applicable.

     

3. Exemptions and Exclusions

a. Courtyards with façades completely internal to the site and not applicable to the standards for the Courtyard Frontage Type are exempt from minimum 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. requirements.

b. The area of any exterior air intake louvers or vents used for mechanical equipment or HVAC systems can be subtracted from the total wall area when calculating 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. requirements.

c. Parapets, foundation walls, and at- or below-grade retaining walls, where there is no habitable space behind the walls, shall be excluded from 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. calculations.

B. Window Design Standards

All 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. used to meet requirements shall comply with the following standards to ensure visual interest:

1. 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. shall have transparent glass. Mirrored and frosted glass shall not be used.

2. 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. shall be maintained free of internal obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. or partitions to a minimum depth of three feet.

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. 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. shall not be obscured by materials applied to the inside of the glass including, but not limited to: paper, and paint. Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. allowed pursuant to Article 11, Sign Standards, are exempt from this requirement. Windows can be covered only when there is an active building permit A permit issued by the Inspections Department in conformance with the State Building Code..

4. Windows within the podium 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. shall not contain grills interior to the glass.

5. Bars See “Nightclub” or other obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. shall not be mounted onto windows.

6. In the CD-P(N) sub-district, upper-floor windows greater than 10 square feet in area shall be divided by a minimum of one muntin, mullion, or sash.