Sec. 16.4. Streetscape, Right-of-Way, and Block/Lot Standards
16.4.1. Applicability
A. Unless otherwise indicated, the following improvements shall be provided within 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. along all public and private streets, and within 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. Article 12, Infrastructure and Public Improvements, and Article 13, Additional Requirements for Subdivisions, shall apply except as modified within this section.
C. Exemptions
The following projects shall be exempt from providing sidewalk or 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:
1. Projects that only require architectural review;
2. Improvements that consist only of unmanned facilities of less than 1,000 square feet, such as storage rooms, mechanical equipment, or coolers;
3. Improvements that consist only of four or fewer additional motor 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. parking spaces A designated off-street area designed to accommodate the parking of one vehicle.;
4. Improvements that consist only of less than 1,000 square feet of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. area; or
5. Improvements are documented to solely bring existing facilities up to current health, safety, 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. code requirements.
16.4.2. Streetscape
A. Sidewalk Standards
1. Sidewalk shall be provided as follows. When multiple methods are shown as allowed, any allowable method can be used.
|
|
Sidewalk from building |
Sidewalk from building |
Sidewalk with a Landscape Stormwater |
|---|---|---|---|
|
DD-C |
✔ |
— |
— |
|
-S1 |
✔ |
— |
— |
|
-S2 |
✔ |
✔ |
— |
|
CD-C |
✔ |
— |
— |
|
-S1 |
✔ |
— |
— |
|
-S2 |
✔ |
✔ |
— |
|
-P(N) |
✔ |
— |
— |
|
CSD-C |
✔ |
— |
✔ |
|
-S1 |
✔ |
— |
✔ |
|
-S2 |
✔ |
— |
✔ |
2. Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type and 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
a. For the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage Type, sidewalk shall be measured to the frontage of the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. and not 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. itself.
b. For 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, the sidewalk shall be a minimum of 12 feet wide, and a landscape strip with a minimum width of three feet can be provided against the back-of curb.
3. For additions or modifications to existing structures on sites with existing sidewalk, sidewalk along all frontages shall be widened to at least 12 feet, unless:
a. Exempt per paragraph 16.4.1C, Exemptions;
b. A wider sidewalk would require the removal of a major specimen tree; or
c. Existing conditions Conditions that exist at time of plan or plat submittal. prohibit the widening of the sidewalk.
4. Existing sidewalk width shall not be reduced.
5. For projects that propose removal of the existing structures for construction of new structures, current standards shall apply.
6. Street trees are allowed in the sidewalk area, but shall not conflict with the required clear zone. Pit openings shall not encroach 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 the required clear zone unless a suspended sidewalk system is utilized.
7. Parking areas, loading zones, bus and valet pull-offs, and other similar features shall not utilize, or encroach 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, the required sidewalk area.
8. All sidewalk area, whether within 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 on private property with an easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., shall meet ADA accessibility standards.
9. Payment-in-lieu shall not be an option to comply with sidewalk requirements.
10. For 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. and other similar 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. where the build-to line The line a set distance from the back of curb establishing the required building location. Build-to lines shall be measured from the predominant curbline (not including bulb outs) or future curbline where no curb currently exists. is measured from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., the following standards shall apply:
a. No sidewalk 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. is required; however, on-site sidewalk shall be required and shall connect to any other existing or proposed sidewalk in 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 on-site. Connections shall also be made to on-site buildings and parking areas.
b. The minimum width shall be six feet.
B. Sidewalk Clear Zone
1. Within the required sidewalk, a continuous, unobstructed area or “clear zone” shall be maintained at all points along the sidewalk as follows:
|
|
Required Clear Zone |
|---|---|
|
DD |
5 feet |
|
CD |
5 feet |
|
CSD |
8 feet |
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. shall maintain clear zones per paragraph 16.4.3C, Pedestrian Mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. Standards.
2. The clear zone shall parallel the predominant 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, with a maximum variation of 15 degrees. A greater degree of variation is allowed only to the minimum extent necessary to accommodate existing 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 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. required for utilities, street trees, or other 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.
3. Bus Stops
Bus stop clear zones shall be established pursuant to the requirements of the applicable transit agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc.. No landscape strip shall be required through the clear zone.
C. Accessibility
1. Sidewalk Accessibility Ramps
Directional sidewalk accessibility ramps shall be provided at street intersections to direct users across crosswalks rather than diagonally into intersections.
a. Non-directional ramps shall not be permitted.
b. Pedestrian Rights-of-Way Accessibility Guidelines (PROWAG) shall be utilized to comply with this standard, except that ramps shall be perpendicular 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., as shown below*.
* Diagrams are per PROWAG Chapter R3, Technical Requirements. Specifications shown are illustrative. All construction shall be to the specifications of the City Public Works Department.
c. Alternative methods found in PROWAG are allowed only if existing conditions Conditions that exist at time of plan or plat submittal. prevent the use of ramps described in paragraph b, above.
2. Driveway Aprons/Curb-Cuts
a. Driveway A private roadway located on a parcel or lot used for vehicle access. aprons shall be provided so that sidewalks remain continuous and level for the width of the clear zone.
b. Obsolete/unused driveway A private roadway located on a parcel or lot used for vehicle access. aprons and curb-cuts shall be removed.
D. Required Streetscape Amenities
1. Amenities shall be provided 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. as indicated in the table below and shall be calculated by rounding to the nearest linear foot or receptacle. These standards shall apply whether the amenity is required or provided beyond minimum requirements.
2. Existing 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 along the street frontage The boundary of a property adjacent to one side of a street. of the development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. can count towards required amenities so long as they meet all dimensional requirements.
3. Seating shall be 18 to 30 inches high and a minimum of 15 inches deep. Seating that accommodates users on both sides shall be at least 30 inches deep.
4. Ledges and walls can count as seating provided that they meet the dimensional requirements of this section.
5. 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 shall be distributed along the full length of the street frontage The boundary of a property adjacent to one side of a street. rather than in one location.
6. 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 shall be provided within 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. or on private property within five feet of the property line, provided that they are publicly accessible.
Commentary: Sight distance triangles required within this Ordinance must be maintained.
7. For projects with multiple street frontages The boundary of a property adjacent to one side of a street., each street frontage The boundary of a property adjacent to one side of a street. shall have a discrete calculation and requirement.
8. Setbacks
Along streets with on-street parking, 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. furnishings shall be located a minimum of 24 inches from the back-of-curb.
9. 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. furnishings shall be anchored to the pavement.
E. Street Trees
1. Landscaping and installation standards within Article 9, Landscaping and Buffering, shall apply unless otherwise modified below.
2. Standards
a. Number of Trees
(1) One tree for every 40 feet of street frontage The boundary of a property adjacent to one side of a street. along existing and proposed rights-of-way (not including 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.), private street easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., 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.. If understory trees are planted, then the average shall be at least one understory street tree for every 30 feet.
(2) For street frontage The boundary of a property adjacent to one side of a street. along a freeway A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or other similar NCDOT right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., the requirement shall be one tree for every 20 feet of street frontage The boundary of a property adjacent to one side of a street..
b. Maximum Separation
Trees shall maintain a maximum separation of 100 feet, measured between the centerline of each trunk. If existing 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., access points, or sight distance triangles prevent compliance with the maximum separation requirement, the separation can exceed the maximum only to the extent necessary to avoid the obstruction 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., access point, or sight distance triangle.
c. Location
(1) Street trees shall be located in 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. or street easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.. The Public Works Director in consultation with the City Transportation Director or City Urban Forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. Division, as applicable, or NCDOT, as appropriate, may require an alternate location.
(2) Trees shall be placed along the curb side of the sidewalk. Along streets with on-street parking, street trees shall be set back at least 24 inches from the back-of-curb, measured from the centerline of the trunk.
(3) Unless utilizing a suspended sidewalk system, street tree pit openings shall not encroach 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 required sidewalk 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. clear zones.
d. Suspended Sidewalk System
A suspended sidewalk system shall be required in the Core and S1 sub-districts of the DD and CD Districts.
3. Alternative Street Tree Requirement
Commentary: Street trees provide core functions within the urban environment. Street trees provide shade, aesthetics, and help distinguish the pedestrian way from travel lanes. The alternatives are intended to provide at least two of these functions when such alternatives are allowed. 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. agreements with the City or NCDOT, as applicable, may be required.
a. Applicability
(1) If 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. prohibits the placement of street trees in the prescribed location per paragraph E2, above, an alternative can be provided in lieu of the street tree requirement.
(2) Except in the CSD District, where 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. incorporates existing buildings and the distance from the back-of-curb 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 is less than 10 feet, an alternative can be provided in lieu of the street tree requirement.
(3) Street tree alternatives shall not be used for 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. Alternatives
Street tree alternatives specified below shall be used, individually or in combination, and shall comply with the associated standards.
(1) Spacing and location requirements shall be consistent with those required for street trees.
(2) Maintenance of alternatives shall be the responsibility of the property owner Any person having charge of any real property according to the records held by the Register of Deeds.(s) of the development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. site.
(3) Table of Alternatives
F. Construction Specifications
1. Sidewalks (DD only)
a. Sidewalks shall be constructed of natural concrete with red brick pavers installed along the back-of-curb in a double row stacked sailor course. Corners can be a solid field or herring bone brick pattern with a single sailor border.
b. Where a landscape strip is provided, the pavers shall be provided between the concrete sidewalk and landscape strip.
2. Suspended Sidewalks
When a suspended sidewalk system is utilized, concrete or brick pavers shall be used, and break-away collars to expand the pit opening as the tree grows shall be used.
3. Benches
Benches shall be DuMor Bench 92 or Dumor Bench 58, or equal in design and performance, in black finish.
4. Trash/Recycling Receptacles
a. Trash receptacles shall be 32-gallon DuMor Receptacle 102 or equal in design and performance in black finish.
b. Recycling receptacles shall be the same as used for trash except a recycling lid (DuMor RC lid/cover in blue, or equal in design and performance) shall be provided.
5. Street Lights, Mast Arms, and Other Utility Poles
a. Downtown Design District
(1) Street lights shall be Memphis teardrop luminaire on the davit-arm, mounted on the North Yorkshire pole all by Holophane or equal, shall be utilized. The City of Durham’s installation specifications shall be utilized.
(2) Mast arms shall consist of a smooth signal arm mounted on a 16-fluted pole with the Huntington base by Valmont or equal. The Memphis teardrop luminaire on the Atlanta cross-arm, both by Holophane or equal, shall be used atop the mast arm’s pole. The mast arm specification, including pole and luminaire height and arm length, should be confirmed through the City of Durham’s Transportation Department.
(3) Other utility poles shall be a consistent design and material with street lights.
b. Compact Design and Compact Suburban Design Districts
Street lights, mast arms, and other utility poles shall use a metal product approved by the City Transportation Department or NCDOT, as applicable.
6. Bicycle Racks
For bicycle rack specifications, see paragraph 10.4.4E, Standards for Design Districts.
G. Alternative Streetscape Plan (ASP)
1. General
a. Alternative 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. requirements to the standard requirements of this section can be established within an approved alternative 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. plan (ASP).
b. Amenities that are on private property and are not required for satisfying 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. standards are not subject to this plan.
c. Plan applications and any amendments shall be signed 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. by all property owners Any person having charge of any real property according to the records held by the Register of Deeds., or legally designated representatives, within the plan area.
2. Applicability
a. A plan can be approved for an area consisting of at least 10 contiguous acres. Additions to a plan area can be made at any increment.
(1) 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 not be included within the area calculation.
(2) For the purposes of this paragraph, properties shall be considered contiguous if 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 intervening.
b. Streetscapes 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. internal to the plan area shall include entire block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces, and block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces shall be contiguous, in order to avoid gaps and “doughnut holes” within the plan area.
c. Where the perimeter boundary of the plan area would not include a portion of a block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., or an entire block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., of property not party to the plan:
(1) 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. shall be included in order to encompass the block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., or to create contiguous block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces, to avoid gaps between block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces and provide continuity along 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..
(2) 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. receptacles and seating consistent with the plan and other applicable ordinance requirements shall be provided along the streetscapes 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. sections not included in the plan, concurrent with the installation of furnishings within the portion of the block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street. within the plan area or on a neighboring block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street., as applicable.
3. Approval
An ASP shall be approved through the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval process, either as part of the first site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for the plan area or as a separate plan. In either case, the ASP shall be applicable to all 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. and plan approvals within the plan area.
4. Standards
The following shall consist of the allowable alternative amenities and associated standards for an ASP:
a. General
(1) The ASP shall specify alternative colors(s), design(s), and materials of each alternative 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. amenity or sidewalk standard identified in the plan.
(2) Amenity design, color, and other construction specifications shall be provided within the plan.
(3) Unless specifically indicated otherwise within the standards below, the standard 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. requirements and any other applicable Ordinance requirements shall apply.
b. Signs
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 be allowed on amenities in 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. in accordance with paragraph 11.5.1E. Additionally:
(b) The maximum size shall be 36 square inches.
c. Sidewalk
(1) A landscape area between 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. and sidewalk, with a minimum sidewalk width of 12 feet from back of curb, is allowed if the landscape area functions as a stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. BMP and complies with the City Code Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. Performance Standards for Development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. and is approved by the City Public Works Department.
(2) Lighting within sidewalk pavement shall be allowed.
d. Seating
An alternative bench design from paragraph 16.4.2F.3, Benches, is allowed. Materials shall consist of concrete, metal, and/or wood composite.
e. Solid Waste Receptacles
An alternative design for trash and recycling receptacles from paragraph 16.4.2F.4, Trash/Recycling Receptacles, is allowed subject to the following:
(1) The receptacles shall be of metal construction.
(2) The receptacles shall have openings that are covered by a horizontal surface. No uncovered The removal of ground cover from, on, or above the soil surface. openings shall be allowed on top of the receptacles.
(3) Trash and recycling receptacles shall be distinguished by color and signage indicating the type of receptacle.
f. Decorative Street Lights
Alternative street lights to those of paragraph 16.4.2F.5, Street Lights and Mast Arms, are allowed within 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. if they are a minimum of 10 feet from the 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..
g. Street Trees
(1) An alternative to the suspended sidewalk system required pursuant to paragraph 16.4.2E.2.d, Suspended Sidewalk System, is allowed if approved with a minor special use permit pursuant to Sec. 3.9, Special Use Permit.
(2) In addition to the review factors in paragraph 3.9.8B, Review Factors, the approving authority shall also find that the alternative provides equal or better stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. treatment and overall design functionality, including but not limited to supporting pedestrian movement and minimizing impact upon root systems, to that of suspended sidewalk systems designed pursuant to paragraph 16.4.2F.2, Suspended Sidewalks.
h. Bicycle Racks
An alternative ground-mounted bicycle rack from the required rack pursuant to paragraph 10.4.4E, Standards for Design Districts, is allowed.
5. Locations
Amenity locations shall be specified on the plan.
6. Servicing, Maintenance, and Replacement
a. All maintenance, servicing, replacement, and modification of location of alternative 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 shall be the sole responsibility of the property owners Any person having charge of any real property according to the records held by the Register of Deeds. and their successors, including due to any governmental action or work that impacts the amenity.
b. For the purposes of this alternative 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. plan, a property owners Any person having charge of any real property according to the records held by the Register of Deeds.’ association shall be legally established when the alternative 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. plan will be applied to more than one parcel See “Lot of record.”.
c. A legally binding agreement with the City, reviewed and approved by the City Attorney’s Office 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. and the Public Works Department, shall be in place prior to plan approval and shall be attached to the approved plan. The agreement shall include language that indemnifies the City from and against all charges and any other liabilities pertaining to any of the alternative amenities included in the alternative 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. plan.
d. The agreement shall be between the City and the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or an owners Any person having charge of any real property according to the records held by the Register of Deeds. association, and their successors.
16.4.3. Streets and Other Rights-of-Way
A. Streets
1. General
a. Dead End Streets
(1) New cul-de-sacs A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided. or other dead end streets shall not be permitted.
(2) Existing dead end streets can be maintained, modified, and improved so long as the length of the street is not increased.
b. Public and private streets, including 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., shall not be gated or otherwise restrict public access.
c. New streets and 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. shall be dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. as 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.. 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. can be private only if private stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measures are placed within or underneath 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.. Per paragraph 12.2.2, Other Forms of Access, private streets shall be constructed to public street standards, and all other requirements of this Article shall apply.
2. New Streets
This section provides standards for new streets within Design Districts, and includes a set of street typologies allowed within Design Districts.
a. The requirements of this section apply whenever a new street is proposed for construction.
b. Sidewalk, street tree, and other 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. amenity requirements found elsewhere in this Article shall apply in addition to following street standards:
c. Construction specifications for street typologies within this section, including intersection specifications, shall be reviewed by the City Transportation Department, City Public Works Department, or NCDOT, as applicable; and approved through the City Public Works Department or NCDOT, as applicable.
d. Curb and gutter shall be measured to back-of-curb pursuant to the specifications of the City Public Works Department.
e. Street Types
(1) Primary Street Type
A two-lane street with on-street parking and bicycle lanes. This street type shall be the default street type throughout the district. The Primary Street Type shall be designed as follows:
|
Component |
Required Width |
|---|---|
|
Travel lane |
10.5 feet |
|
Parking lane |
7.5 feet |
|
Bicycle lane |
5 feet (excluding gutter and buffer |
|
3.5 feet |
|
|
Curb/gutter section |
18 inches |
(2) Alternate Street Types
(a) Four-Lane Street Type
A four-lane street with a median/turn lane. The Four-Lane Street Type shall be used for streets designated as a major thoroughfare or boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended. in the adopted Comprehensive Transportation Plan, as amended. This street type shall be designed as follows:
|
Component |
Required Width |
|---|---|
|
Travel lane |
10.5 feet |
|
Median |
16 feet with taper for turn lanes |
|
Parking lane |
None |
|
Bicycle lane |
5 feet (excluding gutter and buffer |
|
Bicycle/travel lane buffer |
2 feet |
|
Curb/gutter section |
18 inches |
(b) Two-Lane Street Type
A two-lane street with limited parking or bike lanes. The Two-Lane Street Type shall be used as a secondary street in the S2 sub-districts. This street type shall be designed as follows:
|
Component |
Required Width |
|---|---|
|
Travel lane |
10.5 feet |
|
Parking lane |
None; or 8 feet on one side |
|
Bicycle lane |
None. Shared-lane markings shall be provided |
|
None |
|
|
Curb/gutter section |
18 inches |
(3) Bicycle Lane and Buffers
Bicycle lanes and buffers shall be designed as follows to City or NCDOT construction specifications, as applicable:
(a) Buffers shall consist of a raised median or delineated with striping and vertical bollards.
(b) Bicycle lanes shall run behind transit stops.
(c) Bicycle lanes shall be painted green at areas of conflict, such as intersections, bicycle boxes, driveways A private roadway located on a parcel or lot used for vehicle access., and transit stops, as determined by the City Transportation Department.
f. Intersections
(1) Bicycle lanes shall be carried through an intersection.
(2) If a right-hand turning lane is needed, the movements of automobiles and bicyclists shall be separated through:
(a) Signalization; or
(b) A lateral shift to move cyclists to the left 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. right-turn lane before 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. can turn right.
(3) If no right-turn lane is added, the bicycle facility shall bend in, with the shift occurring at minimum 40 feet before the intersection and ending at minimum 20 feet before the intersection.
(4) At intersections with multiple turning options:
(a) For Primary Street Type: A minimum 10-foot bicycle box shall be installed, at minimum four feet from the pedestrian crosswalk and/or stop bar See “Nightclub”. A “NO TURN ON RED” 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. (MUTCD R10-11) shall be installed. Alternatively, a two-stage turn queue box can be installed in the intersection between the travel lane and bicycle lane.
(b) For Four-Lane Street Type: A two-stage turn queue box shall be installed in the intersection on the side of the bicycle facility away from through traffic.
g. Medians
(1) Landscaping shall be provided for the length of the median except when tapering to accommodate turn lanes. Landscaping shall at a minimum consist of groundcover, tree, and shrub species pursuant to the Durham Landscape Manual for vehicular use areas.
(2) At intersections, a pedestrian/cyclist refuge area shall be provided.
h. Alternative Forms of Compliance
Alternatives to the street design requirements of this section can be approved with a minor special use permit pursuant to Sec. 3.9, Special Use Permit. In addition to the general required findings, the Board of Adjustment shall also find that the alternative design meets or exceeds the multimodal performance and functionality of the street design standards of this section.
3. Existing Streets
Existing streets may remain serving 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. in their current configuration; however, they shall not be extended except in conformance with this Article.
4. Street Names
A street name can be established for a driveway A private roadway located on a parcel or lot used for vehicle access. allowed for access for a pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. under paragraph 16.4.3C, Pedestrian Mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. Standards. Establishing a name shall not result in circumventing 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. requirements for private streets, sidewalks, street trees, or other items.
5. Street Connectivity Requirements
a. Connectivity shall be defined as the continuation of the traditional grid pattern established by the existing road See “Street, Public” and “Street, Private.” network and creation of new blocks according to paragraph 16.4.4, Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. Standards.
b. Rights-of-way shall intersect at right angles, unless otherwise allowed pursuant to design standards maintained by the City Transportation Director, or NCDOT, as applicable.
c. Any new 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 continue or connect the existing street grid, unless:
(1) The connection is prohibited by NCDOT; or
(2) The connection would require extension through land permanently protected from 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 a conservation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., that precludes 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.; or
(3) The connection would require the crossing of an environmentally sensitive area such as a 100-year floodplain, stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., regulated wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies., or steep slopes.
d. An existing 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 not be permanently closed without providing an alternate form of public access that accomplishes the same or similar connectivity.
B. Alleys
The following standards shall apply to new 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.. Additional standards within this Article applicable to alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. shall apply to new and existing 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..
1. 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. shall be paved and proposed only for access to service areas In Design Districts, the service area is a designation for portions of buildings or sites that are used for loading areas including garage entries; trash/recycling facilities; secondary fire code egress; and mechanical equipment or utilities that are not permitted by code to be underground or on rooftops. and/or to access no more than 20 parking spaces A designated off-street area designed to accommodate the parking of one vehicle..
2. 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. are not required to have a curb or sidewalk.
3. Area outside of travel lanes, but within the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or 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 differentiated with a different paving material or design.
4. 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. design shall not result in a dead end or be designed to prevent emergency vehicular movement.
|
Component |
Required Width |
|---|---|
|
Travel lane |
20 feet |
|
24 feet |
|
|
Parking lane |
None |
|
Bicycle lane |
None |
|
None |
|
|
Curb/gutter section |
None |
C. Pedestrian Mall Standards
1. Width
a. Minimum Width. The minimum width of the 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 be 25 feet and the maximum shall be 75 feet.
b. Alternative Width. The maximum allowable width shall be increased to 100‐feet if at least two different amenities from the options below are provided and located within the 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. area:
(1) A 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. feature as approved by the Durham 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. Committee.
(2) Seating provided at double the rate found in the public amenities paragraph 16.2.4C.3.
(3) Trees provided at double the rate found in the public amenities paragraph 16.2.4C.3.
2. Enclosure
At least 85% of the length of each side of the mall shall consist of building podium See Podium..
3. Frontage and Building Types Applicability
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. shall be considered “street frontage The boundary of a property adjacent to one side of a street.” for the application 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. and frontage types. However, a build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall not apply.
4. Clear Zones
A clear zone shall be provided along the length of the 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.. The clear zone shall be:
a. At least 10 feet wide;
c. Be hardscaped and handicap accessible.
5. Streetscape Amenities
The requirements for 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 shall apply, pursuant to paragraph 16.4.2, 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..
a. Amenities shall be distributed throughout the length of the 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. The centerline of the mall shall be used to calculate the minimum amount of each required amenity.
6. Landscaping
A maximum of 50% of the 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. can be landscaped, consisting of trees, shrubs, and groundcover. The remaining area shall be hardscaped with ADA compliant material.
7. Connectivity
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. shall extend through 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. site, beginning and terminating at a public or private street.
Commentary: A plaza at the intersection of two streets is not a pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques.. The 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. is meant to act as a linear way to visually subdivide property and provide pedestrian connectivity through 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. area and/or block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings..
8. Access
a. 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. shall not be blocked, gated, or barred See “Nightclub” in such a manner to prevent 24-hour public access.
b. A public easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for the entire area of any 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 be granted in perpetuity to the City of Durham.
Commentary: An easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. does not necessarily absolve the property owner Any person having charge of any real property according to the records held by the Register of Deeds. of maintenance of the mall.
9. Street Names
Street names can be established for pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. pursuant to paragraph 12.3.2, Street Names. Establishments that open onto the 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. can have addresses on it when a minimum clear zone of 20 feet in width and 13.5 feet in height is provided to accommodate emergency 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..
D. Over-Street Connectors
A major special use permit under Sec 3.9, Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit, shall be required for all over-street connections over public streets, including but not limited to aerial pedestrian bridges and enclosed 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. areas. In addition to the requirements of Sec 3.9, Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit, the applicant shall demonstrate that the project’s relationship to the street and street level objectives and activities has been adequately addressed, and the City Council shall approve the permit only if it finds that:
1. The project will not create negative effects on the surrounding properties; and
2. The project will be aesthetically harmonious with or complementary to the surrounding buildings and 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 will not have a substantial negative impact on downtown views.
E. Temporary Pedestrian Paths and Bus Stops
1. Any existing pedestrian 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. that will be inaccessible for more than seven days shall require approval of a pedestrian traffic control plan as per MUTCD standards. Prior to the path becoming inaccessible, the pedestrian traffic control plan shall be submitted to and approved by the Transportation Director or designee, and NCDOT, as applicable, through the construction drawing approval process. Pedestrian traffic control plans shall include new or temporary pedestrian circulation routes and pedestrian protection measures, as appropriate.
2. Any existing bus stop that will be inaccessible for more than seven days, or any existing bus 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. that will be inaccessible for more than thirty days, shall require approval of an alternate bus stop and/or bus 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. location and accessible path to the bus stop and/or bus 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., as applicable. Prior to the bus stop and/or bus 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. becoming inaccessible, the alternative shall be submitted to and approved by the Transportation Director or designee, NCDOT, and GoTriangle, as applicable, through the construction drawing approval process.
16.4.4. Block Standards
A. Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. of property greater than two contiguous acres in size within Design Districts shall meet the following block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. standards:
1. Each block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. shall be a minimum of one acre and a maximum of 3.5 acres in size.
2. A block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. that is greater than three and one-half acres but less than five acres in size shall be allowed if a pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. or an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. is provided to create de facto blocks that meet the size requirements of this section.
B. A block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street. length greater than 600 feet shall require a connection through the block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. via an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. or 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..
C. Blocks may exceed the maximum block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. size or block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. length for the purposes of 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. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. for new streets as long as the new block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. size and length are in greater conformance with these standards.
D. Lot Standards
1. No minimum lot width The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots. shall apply, unless otherwise specified within the applicable frontage or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. type standards.
2. Except for 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. and detached rowhouse lots, every lot shall abut a public 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..
3. Townhouse and Detached Rowhouse Lots
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. and detached rowhouse lots can abut along a public street 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., 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., or common access drive serving the 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. units.
|
LAST AMENDED: Durham County: September 1, 2024 | City of Durham: September 1, 2024 |