Sec. 4.6. Neighborhood Protection Overlay (-P)
4.6.1. Purpose
The purpose of the Neighborhood Protection Overlay is to protect the established character of existing neighborhoods by modifying the standards of underlying base districts in order to more effectively match the density
The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance., intensity, or established character of an existing area.
4.6.2. Establishment of Overlay
A. A petition to establish a Neighborhood Protection Overlay shall not be construed as a complete and accepted zoning map change application. The governing body, as applicable based upon jurisdiction, shall be the approving authority to initiate a Neighborhood Protection Overlay application, and would therefore be the official applicant.
B. A Neighborhood Protection Overlay shall be established as both a zoning map change in accordance with the requirements of Sec. 3.5, Zoning Map Change, to reflect the boundaries of the designated overlay, and a text amendment in accordance with the requirements of Sec. 3.19, Text Amendment, to codify the standards established within the overlay.
C. Multiple Neighborhood Protection Overlays shall not be designated over any individual property. A property may only be located within one Neighborhood Protection Overlay.
D. The overlay standards shall reflect the prevalent intensity and consistent 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 in the neighborhood, to ensure that new development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. reflects the identifiable physical character of the area.
E. Petition Submittal
1. Required Pre-Petition Conference
Prior to submittal of a petition and the required pre-submittal neighborhood meeting, a pre-petition conference with the Planning Director or designee shall be required. The Planning Director or designee may establish deadlines for such conferences.
2. Required Pre-Submittal Neighborhood Meeting
After the pre-petition conference and prior to submittal of a petition, a neighborhood meeting shall be held pursuant to paragraph 3.2.3, Neighborhood Meeting. In lieu of those requiring notification pursuant to paragraph 3.2.3C, the following shall be notified:
a. All officers 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/or representatives of any neighborhood association or other neighborhood group established within the proposed boundaries of the Neighborhood Protection Overlay and that is registered with the Planning Department to receive notice.
b. Each owner Any person having charge of any real property according to the records held by the Register of Deeds. of record of property within the proposed boundaries of the Neighborhood Protection Overlay.
3. Submittal
a. Petitions to initiate the establishment of a Neighborhood Protection Overlay shall be submitted to the Planning Department pursuant to the established submittal schedule for such petitions, and shall utilize the official forms maintained by the Planning Department pursuant to paragraph 3.2.4, Application Requirementss, and any other requirements of this section.
b. In order to be accepted for review, a petition shall provide documentation that demonstrates compliance with the following requirements:
(1) The proposed overlay area totals at least 15 acres, excluding 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.;
(2) The average age of structures within the proposed area is at least 25 years old;
(3) At least 75% of parcels See “Lot of record.” within the proposed area are 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.;
(4) The required pre-petition meeting was held;
(5) The required pre-submittal neighborhood meeting was held and performed as required per this section and paragraph 3.2.3, Neighborhood Meeting; and
(6) The additional documents listed in paragraph c, below, were provided.
c. Additional Submittal Requirements
(1) A proposed map of the overlay area. The proposed overlay area shall not include properties for which the owners Any person having charge of any real property according to the records held by the Register of Deeds. were not notified for the neighborhood meeting.
(2) A petition of support 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 property owners Any person having charge of any real property according to the records held by the Register of Deeds. and residents within the proposed area.
(3) Documentation of a consistent, identifiable physical character.
(4) Documentation of historical, social, or other significance applicable to the neighborhood.
(5) A discussion of specific physical elements or 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. patterns that are not adequately addressed by the base zoning regulations.
(6) A plan for neighborhood outreach and overlay 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..
(7) Any other materials the petitioner(s) believe are pertinent to the request.
d. Notification Fees
If required through the adopted fee schedule, mailed notification fees for the governing body meeting shall be required at the time of submittal.
4. Action by the Planning Department
The Planning Director or designee shall review the submittal for completeness and conformance with the requirements of this section, and forward the request to the applicable governing body for its review and determination to initiate the petition. Prior to forwarding to the governing body, the following shall be performed:
a. 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 placed throughout the proposed NPO area to inform residents of the request; and
b. The applicant(s) shall be offered an opportunity to present the request to the JCCPC.
5. Action by the Governing Body
a. The Planning Department shall perform a mailed notice Either surface mail or e-mail, unless one is explicitly directed. in accordance with a zoning map change pursuant to paragraph 3.2.5, Notice and Public Hearings, indicating a petition to initiate an NPO has been filed and shall be considered for initiation by the governing body at a specified date and time.
b. Upon review of provided information, the governing body shall determine whether and when to initiate the designation process for the Neighborhood Protection Overlay. At a minimum, the governing body shall consider the following:
(1) That the documents submitted as part of the petition submittal are correct and sufficient.
(2) Support by residents and property owners Any person having charge of any real property according to the records held by the Register of Deeds.. An indicator shall be the petition of support submitted as part of the request, but other indicators may be considered.
(3) That there is a historical, social, or other type of significance that the overlay request would aid in preserving.
(4) That there are consistent and identified physical characteristics and other elements that the base zoning cannot sufficiently address.
(5) That the parameters of the proposed overlay would be consistent with the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. and other applicable policies.
(6) That there are sufficient staffing resources that would not negatively impact approved work program priorities.
c. If the governing body initiates the overlay request, it shall refer the item back to the JCCPC for consideration within the Planning Department’s work program.
F. If an overlay designation is initiated and overlay 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. has begun, the Planning Director or designee:
1. Shall review any proposed overlay area and associated standards to determine their conformity with the requirements of this section. As part of this review, the Planning Department shall hold at least one neighborhood meeting prior to initiating the public hearing process; and
2. May review progress with the governing body prior to the required public hearings to verify continued support for the overlay or to discuss new issues pertinent to the establishment of the overlay.
4.6.3. Modification of Standards
A. A Neighborhood Protection Overlay may allow for the modification of any of the following standards within this Ordinance:
1. 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. regulations in Article 5, 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. Regulations;
2. District intensity standards in Article 6, District Intensity Standards;
3. Site design standards in Article 7, Design Standards;
4. Tree protection and tree coverage standards in Article 8, Environmental Protection;
5. Landscaping and buffering standards in Article 9, Landscaping and Buffering; or
6. Parking standards in Article 10, Parking and Loading.
B. Any modified standards applicable within a Neighborhood Protection Overlay shall be expressly set forth in the overlay district at the time of adoption.
4.6.4. [RESERVED]
4.6.5. Tuscaloosa – Lakewood Neighborhood Protection Overlay
A. Purpose
The purpose of this section is to establish additional standards to ensure that new development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. protects and preserves the established character of the neighborhood as defined on the official zoning map.
B. Applicability
This section shall apply to the boundaries of the Tuscaloosa-Lakewood Neighborhood Protection Overlay as shown on the official Zoning Map.
C. General Standards
1. Landscaping
This section shall apply to construction of any 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., and shall apply on individual lots.
a. Trees, other than Pinus genus, located within required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be retained unless removal is required to accommodate vehicular and pedestrian access or utilities, or the following is demonstrated by a certified arborist:
(1) The tree is determined to be unhealthy; or
(2) The tree would not survive construction activity.
b. A minimum of seven percent tree coverage, met through preservation, replacement, or a combination thereof, per Sec. 8.3, Tree Protection and Tree Coverage, is required regardless of the underlying zoning district.
c. For single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. 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., the requirements in paragraph a above are applicable until a certificate of compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. has been issued for the residence on an individual single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. lot.
2. Building Height
The maximum height of a new building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall be 35 feet unless a lower height is required by another ordinance requirement.
D. Residential
Commentary: North Carolina Session Law 2023-108 limits the ability to place design or aesthetic regulations buildings constructed under the North Carolina 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. Code.
1. Building Design
a. New primary structures shall maintain a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached residential appearance and scale. Residential appearance and scale shall expressly include details from residential uses within the context area as defined in paragraph 6.8.2A.1, Context Area. Review and approval of elevations and other design details through site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review pursuant to Sec. 3.7, Site Plan Review, or architectural review pursuant to Sec. 3.22, Architectural Review, as applicable, shall be required prior to the issuance of a building permit A permit issued by the Inspections Department in conformance with the State Building Code. or site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval as applicable. Such details shall include the following features:
(1) Roof type, including extent of eaves and eave ornamentation, if any;
(2) Porches or other similar 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. of the front façade, including typical porch details associated with specific architectural styles found in the context area;
(3) Façade materials; and
(4) Size, pattern, style, and location of windows and doors.
b. If no more than two primary structures exist within the context area, then the context area for determining the above criteria shall be extended to include the nearest block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces within the Neighborhood Protection Overlay, in all directions, with at least two structures.
2. Housing Types
Multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. housing types shall be limited to multiplexes, townhouses 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 row houses, as allowed by the base zoning.
3. Driveways
For single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. lots, driveways A private roadway located on a parcel or lot used for vehicle access. shall have a maximum width of 12 feet within the required 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. and at all points in front 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..
E. Nonresidential Uses and Structures
1. Landscaping
No buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. reductions permitted per paragraph 9.4.5C, Urban, and Compact Neighborhood Tier Constructed Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., shall be permitted.
2. Building Design
a. Any reconstruction, additions and/or renovations to structures originally designed for residential use but converted to nonresidential use shall maintain a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached residential appearance. Residential appearance shall expressly include details from residential structures, or former residential structures, within the context area as defined in paragraph 6.8.2A.1, Context Area. Review and approval of elevations and other design details through site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review pursuant to Sec. 3.7, Site Plan Review, or architectural review per Sec. 3.22, Architectural Review, as applicable, shall be required prior to the issuance of a building permit A permit issued by the Inspections Department in conformance with the State Building Code. or site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval as applicable. Such details shall include the following features:
(1) Roof type, including extent of eaves and eave ornamentation, if any;
(2) Porches or other similar 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. of the front façade including typical porch details associated with specific architectural styles found in the context area;
(3) Façade materials; and
(4) Size, pattern, style, and location of windows and doors.
b. If no more than two primary structures exist within the context area, then the context area for determining the above criteria shall be extended to include the nearest block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces within the neighborhood protection overlay, in all directions, with at least two structures.
4.6.6. Old West Durham Neighborhood Protection Overlay
A. Purpose
This overlay establishes standards for the Old West Durham neighborhood to ensure that new residential 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. is compatible with the established urban form, modest scale, and mill village character of the neighborhood. Preservation of green space and tree canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. are primary motivations for the formulation of a number of these standards. This section is not intended to reduce density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. within the neighborhood.
B. Applicability
This section shall only apply to the following types of single and two family One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A. Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules. residential 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. within the boundaries of the Old West Durham Neighborhood Protection Overlay, as shown on the official Zoning Map:
2. Construction of, or addition to, any garage, accessory dwelling unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling., and/or other 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. that requires a building permit A permit issued by the Inspections Department in conformance with the State Building Code. and is enclosed on more than two sides;
3. Enclosure by more than two walls of formerly unenclosed spaces;
4. Construction of, or addition to, any vehicular use area; and/or
5. 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. or consolidation of parcels See “Lot of record.”.
C. General Standards
1. Primary and Accessory Structure Bulk (Floor Area Ratio)
a. The maximum floor area ratio (FAR) The ratio of building area to parcel area. shall be 0.325 (32.5%). For purposes of this NPO only, floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. is defined as the heated square footage 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. plus the total square footage (heated or unheated) of any garage, accessory dwelling unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling., or any 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. that requires a building permit A permit issued by the Inspections Department in conformance with the State Building Code. and is enclosed on more than two sides.
b. To calculate the FAR, the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. is divided by the lot size.
c. Regardless of the calculated FAR, each parcel See “Lot of record.” shall be allowed a minimum of 2,200 square feet of floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. and no parcel See “Lot of record.” shall exceed 3,600 square feet of floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements..
d. Provided that the structural footprint and height remain unchanged from May 7, 2018, a FAR may be exceeded by converting unheated fully enclosed square footage to heated square footage.
e. Heated square footage from a floor built below grade A land disturbing activity that modifies the contours of the land. shall be exempt from the FAR calculation provided the exposed foundation wall is not more than three feet above grade A land disturbing activity that modifies the contours of the land. at any point along any street facing facade.
f. The total square footage of an 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. shall not exceed 50% of the heated floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. 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. and shall not exceed 800 square feet.
g. For accessory structures with sloped ceilings, only floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. with a ceiling height of five feet or more shall be included within the FAR.
h. A building permit A permit issued by the Inspections Department in conformance with the State Building Code. application or plot/site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., as applicable, shall detail the existing and proposed FAR.
2. Primary and Accessory Structure Height
a. The height 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., as calculated in paragraph 6.12.1, Height, shall not exceed 31 feet.
b. The height of an 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., as calculated in paragraph 6.12.1, Height, shall not exceed 24 feet.
c. If the height of an 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. exceeds 16 feet, then 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. must be set back at minimum of 10 feet from any property line, except where that property line abuts a dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. 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., undeveloped land, or a nonresidential land use.
3. Lot Dimensions
The maximum lot area The total area within the lot lines of a platted lot. shall be 12,000 square feet.
4. Trees
a. The area between the rear wall 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. and the rear property line shall contain, at minimum, one canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. tree of at least two inches in 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., in accordance with the Landscape Manual for Durham, North Carolina.
b. All trees required by the Unified 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. Ordinance must be depicted on building permit A permit issued by the Inspections Department in conformance with the State Building Code. applications or plot/site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., as applicable, including the location, 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., and species.
5. Vehicular Use Area and Off-Street Parking Requirements
a. For purposes of this NPO only, a vehicular use area includes all surface area designated or utilized for 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 or 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.
b. The minimum off-street parking requirement is one space per 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.. Accessory dwelling units A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling. are not required to provide off-street parking.
c. The maximum width of the vehicular use area shall be 12 feet; however, the vehicular use area may expand up to 24 feet in width to accommodate garage access and parking. The total additional vehicular use area beyond 12 feet in width shall:
(1) Be behind the front 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.;
(2) Be not less than 20 feet from the front property line; and
(3) Not exceed 400 square feet.
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LAST AMENDED: Durham County: September 1, 2024 | City of Durham: September 1, 2024 |