Residential Suburban (RS) Development Intensity

Sec. 6.3. Residential Suburban (RS) Development Intensity

6.3.1. Development Standards

A. Dimensional Standards

1. All 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. in the RS Districts shall meet the standards in the table below. For illustrations, lot dimensions, and 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. for each housing type, see Sec. 7.1, Housing Types.

	RS-20		RS-10		RS-8		RS-M
Dimensional Standard	Min.	Max.	Min.	Max.	Min.	Max.	Min.	Max. without Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.	Max. with Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. (see paragraph 3.5.6)
Residential Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. (units per acre) Small Lot Option³	— —	2.0 —	— —	4.0 12.0	— —	5.0 12.0	— —	8.0 12.0	18.0 18.0
Open Space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. (% of gross area)¹ Conventional 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. Cluster 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.	— —	— —	15 15	— —	15 15	— —	18 18	—	— —
Site Area The minimum area required for a particular type of development. The site may then be divided into smaller lots. (acres) Conventional 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. Cluster 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. Site Width (feet)	— 2 —	— — —	— 2 —	— — —	— 2 —	— — —	— — 200	— — —	— — —
Area and Width Requirements	See Sec. 7.1, Housing Types
Height
Stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. (visual 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.)	—	3	—	3	—	3	—	3
Feet²		40		40		40		40
1 Please see Sec. 12.5, Recreation Land, for additional land dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. requirements that may apply. 2 Height is, or may be, further limited when using the small lot option, the reduced pole width flag lot option, infill standards, a neighborhood protection overlay, or by a local historic district. 3 Per paragraph 7.1.2C.1, Applicability, the small lot option is not allowed in the RS-20 district. Refer to that paragraph for further limits on the other RS districts.

2. The maximum residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. does not apply to actions listed under paragraph 3.6.2, Actions Exempt from 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. Requirements (Exempt Plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided.). Where this maximum does apply, density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. can be increased in accordance with paragraph 6.3.3B, RS-M District Major Roadway Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. Bonus, or Sec. 6.6, Affordable Housing Bonus. Other than these options, the maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shown cannot be exceeded even though the use of an alternative housing type may impose smaller lot size requirements.

3. For cluster subdivisions 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. in the RS-20, RS-10, and RS-8 Districts, the lot size reduction would be added to the minimum open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirement.

4. For both conventional and cluster subdivisions 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. in the RS-M District open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirements also apply to 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. standards for apartments.

5. Minimum lot area The total area within the lot lines of a platted lot. for conventional, 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 housing types can be reduced in accordance with paragraph 6.3.3C, Lot Averaging.

6. In the Suburban Tier, additional height in the RS-20, RS-10, and RS-8 Districts is permitted at a rate of one additional story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. for every ten feet of additional setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. provided. In no event shall 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. be more than 45 feet in height.

7. For projects in the RS-M District, the maximum height can be increased up to 5 stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit. In no event shall 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. be more than 60 feet in height.

8. Minimum lot area The total area within the lot lines of a platted lot. may be higher as required by the County Health Department for individual wastewater treatment systems or “package plant” style wastewater treatment systems.

B. RS-20 District Accessory Structure Requirements (Not Applicable to Bona Fide Farms in the County)

1. In addition to the 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. requirements set forth in Sec. 5.4, Accessory Uses and Structures, the following accessory structures shall maintain a minimum 50-foot setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. from all property lines:

a. New farm Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings. buildings and equestrian facilities; and

b. Pens, chicken coops A structure for the sheltering of chickens., corrals, or similar enclosures where livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household. are kept.

2. Livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household. shall be kept in pens, chicken coops A structure for the sheltering of chickens., corrals, or similar enclosures.

Commentary: The Durham City Code of Ordinances considers the accumulation of refuse and debris a public nuisance pursuant to Sec. 26-179, Accumulation of refuse and debris declared public nuisance; abatement.

6.3.2. Permitted Housing Types

Residential uses allowed pursuant to Sec. 5.1, Use Table, shall be limited to the housing types permitted in accordance with the following table. For illustrations, lot dimensions, and 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. for each housing type, see Sec. 7.1, Housing Types.

Housing Type	RS-20	RS-10	RS-8	RS-M
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	✔	✔	✔	✔
Zero Lot Line A detached dwelling unit positioned on one property line without any setback. House		✔	✔	✔
Traditional House	✔	✔	✔	✔
Attached House	✔	✔	✔	✔
Duplex	✔	✔	✔	✔
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.	✔¹	✔¹	✔¹	✔
Detached Rowhouse	✔¹	✔¹	✔¹	✔
Multiplex				✔
Apartment				✔
1 Cluster 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. only; see Sec. 6.7, Cluster 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..

6.3.3. Residential Density

A. Maximum Residential Density

Residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall not exceed the maximum densities The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. set forth in paragraph 6.3.1A, Dimensional Standards.

B. RS-M District Major Roadway Density Bonus

An increase in the maximum residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of one unit per acre is allowed for all parcels See “Lot of record.” in the RS-M District, or as authorized elsewhere within the Ordinance, if at least one of the following conditions is met:

1. Parcels See “Lot of record.” maintain at least 500 feet of frontage on 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. that is not a full or limited control-of-access facility.

2. Parcels See “Lot of record.” maintain at least 500 feet of frontage on a service road See “Street, Public” and “Street, Private.” for a full or limited control-of-access facility, and 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. utilizes the service road See “Street, Public” and “Street, Private.” for at least one access point pursuant to paragraph 12.2.4, External Access Required.

C. Lot Averaging

Lot area The total area within the lot lines of a platted lot. averaging, as more specifically set forth in Sec. 7.1, Housing Types, is permitted, provided that:

1. The maximum reduction allowed is 15% of the minimum lot area The total area within the lot lines of a platted lot.;

2. The average area of all lots in the 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. meets or exceeds the minimum lot area The total area within the lot lines of a platted lot.; and

3. The overall density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the 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. does not exceed the maximum permitted residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

Commentary: Some lots in a proposed conventional 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. can be reduced in area by up to 15% (for example, a 10,000 SF lot could be reduced to 8,500 SF), provided that other lots exceed 10,000 SF and the overall average lot area The total area within the lot lines of a platted lot. is 10,000 SF or greater.

D. Application of Density Requirements for Single-Family and Two-Family Development

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. developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements in paragraph 6.3.1A, Dimensional Standards, do not apply if the project does not require 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 site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval.