Sec. 6.6. Affordable Housing Bonus
6.6.1. General Requirements
A. The bonus can be utilized at the time of site plan
An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or 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. for new projects subject to the additional regulations of this section.
B. All of the affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. shall be located within the overall project boundary.
C. Affordable units shall be incorporated throughout the project, and shall not be distinguishable from market-rate units through location, grouping, unit size, interior finishes, or exterior design.
D. Dimensional Standards
The following reductions are allowed in order to incorporate the additional dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..
1. Lot Dimensions
a. Single-family and Two-family lots in RU-5, RU-5(2), and the Small Lot Option
Minimum lot area The total area within the lot lines of a platted lot. and width requirements can be reduced by a maximum of 20%.
b. All other Residential Development
Minimum lot area The total area within the lot lines of a platted lot. and width requirements can be reduced by a maximum of 35%.
2. Yard Requirements
a. Single-family and Two-family lots in RU-5, RU-5(2), and the Small Lot Option
Minimum yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements can be reduced by a maximum of 20%.
b. All other Residential Development
Minimum yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements can be reduced by a maximum of 35%.
3. Required Compliance with Infill Standards
Regardless of the lot and 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. dimensional allowances above, infill standards per Sec. 6.8, Infill Development in Residential Districts, shall apply to 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. that is applicable under that section.
E. Regardless of the lot and 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. dimensional allowances above, infill standards per Sec. 6.8, Infill Development in Residential Districts, shall apply to 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. that is applicable under that section.
F. In 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 duplex 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., required minimum lot area The total area within the lot lines of a platted lot., 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., and yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements can be reduced up to 20% in order to incorporate the additional units.
G. Projects utilizing the affordable housing bonuses shall not be exempt from a traffic impact analysis (TIA) if required pursuant to Sec. 3.3, Traffic Impact Analysis (TIA).
H. Units added through this program shall not increase the amount of open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. otherwise required for the project.
I. Compliance and reporting shall be pursuant to the City’s adopted Affordable Housing Bonus Polices & Procedures, as amended.
J. Compliance measures can be required at the time of approval, including but not limited to contracts, restrictive covenants, deed restrictions, and stipulated penalties.
K. All affordable dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. proposed within the project shall be provided prior to, or concurrently with, any bonus units.
6.6.2. Compact Neighborhood Tier
A. Applicable Zoning Districts, Housing Types, and Development Standards
1. CD and CSD Zoning District
Standards for the use of the affordable housing bonus in the CD and CSD districts shall be pursuant to affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonus standards within paragraphs 16.1.3E.2.d and 16.1.3E.3.c, respectively.
2. Other Zoning Districts
a. The bonus, along with the following associated standards, can be utilized in any zoning district that permits 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. residential; and
b. Can utilize only the housing types allowed by the zoning district.
3. Applicable Development Standards
a. In the CD and CSD District, Article 16, Design Districts, shall apply.
b. In all other zoning districts, paragraphs B through F, below, shall apply.
B. Minimum Number of Dwelling Units Required
Only projects with a minimum of 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., or projects adding at least 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. to an existing development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land., shall be eligible for the affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonuses.
C. Affordability Requirement
1. At least 15% of the total number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. in the project shall be affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. for households earning 60% of AMI or less.
2. Example #1: If 200 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. are proposed, at least 30 of those units shall be affordable to households earning an average of 60% AMI or less.
D. Residential Density
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. shall be the greater of the following:
1. Seventy-five dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. per acre; or
2. The permitted density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the zoning district.
E. Height
1. The maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height shall be as follows:
2. Base zoning district maximum height can be used if it exceeds the maximum height allowances, above.
F. Design Standards
Projects must be designed to meet the following standards applicable for the CD-S2 zoning district:
1. Paragraph 16.2.1, Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Placement Standards;
2. Paragraph 16.3.4, Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Access;
3. Paragraph 16.3.6A, Minimum Glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building.;
4. Paragraphs 16.4.2A through 16.4.2C, Sidewalk Standards, Sidewalk Clear Zone, Accessibility;
5. Paragraph 16.4.2D, Required Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. Amenities; and
6. Paragraph 16.1.3B Ground Floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. Residential Uses and Overnight Accommodations.
6.6.3. Suburban and Urban Tiers
A. Applicable Zoning Districts
1. The bonus program can be utilized in any zoning district where residences are permitted.
2. The program shall not permit housing types not already permitted within the zoning district.
B. Minimum Number of Units Required
Projects must commit to providing affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. in the amount of at least 15% of the maximum number of units permitted with the base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..
Example #2: If the zoning of a five-acre project allows 60 units/acre, then 300 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. are permitted. To qualify for a density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonus, at least 45 of the 300 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. shall qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department..
C. Residential Density
1. For the purpose of calculating the bonus residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. within projects utilizing the affordable housing bonus, the “base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance.” is the maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. allowed in the zoning district prior to applying any potential bonuses, and multiplied by the gross acreage of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land, including all areas typically excluded from density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. calculations in Article 8, Environmental Protection. The resulting number shall be rounded down to the nearest whole number.
2. For each affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. that is constructed, a bonus of two additional dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. can be constructed beyond the base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..
Example #3: The project is in the Urban Tier, and 15% (i.e., 45 units) of the 300 maximum units qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. affordable. Thus, an additional 90 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. are allowed above the maximum 300 units, totaling 390 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..
D. Height
When the affordable housing bonus is utilized, an additional one story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. or 15 feet of height, whichever is less, shall be allowed.
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LAST AMENDED: Durham County: September 1, 2024 | City of Durham: September 1, 2024 |