Sec. 6.8. Infill Development in Residential Districts

6.8.1. Applicability

A. General

Unless otherwise stated, standard ordinance requirements shall apply unless modified by the standards set forth within this section.

B. Suburban Tier

1. This section shall apply to any multifamilyClosed 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. developmentClosed 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. located on a site of less than four acres that is surrounded on all sides by single-familyClosed 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. residential developmentClosed 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..

2. This section shall apply to any new project or modification of any existing residential buildingClosed 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. located on a site of less than four acres in a RU District. A residential buildingClosed 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 also include a buildingClosed 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. converted to a nonresidential use.

3. Neighborhood-specific modifications to the regulations listed in this section may be developedClosed 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. using the “Neighborhood Protection Overlay (-P)” pursuant to Sec. 4.6, Neighborhood Protection Overlay (-P).

C. Urban Tier

1. This section shall apply to any new project or modification of any existing residential buildingClosed 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. located on a site of less than four acres in a residential districtClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District.. A residential buildingClosed 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 also include a buildingClosed 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. converted to a nonresidential use.

2. Neighborhood-specific modifications to the regulations listed in this section may be developedClosed 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. using the “Neighborhood Protection Overlay (-P)” pursuant to Sec. 4.6, Neighborhood Protection Overlay (-P).

D. Nonresidential Development in Residential Districts

Infill standards shall not apply to the following uses:

1. Outdoor storage areas;

2. Outdoor sales;

3. Loading bays or loading areasClosed A space used to transfer goods and material between vehicles and a building or lot..

6.8.2. Yards

A. Street Yards

1. Context Area

a. The context area for the required street yardClosed 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. of the subject lot shall be the established street yardsClosed 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. (as defined by the distance between the primary structureClosed 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. on each property and the edge of the right-of-wayClosed 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.) on residential lots, including structures converted to nonresidential use, with residential zoning along the same block faceClosed 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..

For the purposes of this section, all lots on both sides along a cul-de-sacClosed A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided. or other similar street section shall be considered a block faceClosed 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..

b. Vacant lots shall apply if the primary structureClosed 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. was demolished after January 1, 2006. GIS maps, demolition documents, and any available surveys shall be used to determine the street yardClosed 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. of the demolished buildingClosed 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.. If no documentation is available, then the minimum or maximum street yardClosed 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. of the zoning district, as applicable, shall be used.

c. Flag lots shall not be used for considering street yardsClosed 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 flag lot yardClosed 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, see paragraph 6.12.5, Flag Lots.

2. Required Street Yard

a. The required street yardClosed 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 any distance between the smallest and largest street yardsClosed 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. within the context area. However, in no instance shall the smallest street yardClosed 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. be less than five feet.

Example: The subject infill lot (B) and four other lots with residential zoning make up the block faceClosed 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.. One lot is undeveloped prior to January 1, 2006, and thus shall not be considered. The street yardsClosed A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. along the block faceClosed 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 the three other lots are 10 feet (A), 15 feet (C), and 20 feet (D). Therefore, the required street yardClosed 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 the subject lot (B) can be anywhere between 10 feet (the smallest) and 20 feet (the largest).

b. If there are fewer than two lots that qualify within the context area, the street yardClosed 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. requirement shall be that of the base zoning district.

c. For corner lots, one of the two street yardsClosed 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. may be developedClosed 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. using side yardClosed 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. standards.

d. For detached duplexes, only one buildingClosed 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. must have a street yardClosed 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. that meets the infill street yardClosed 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. standards of UDO Section 6.8.2A.2. The other unit may use the infill or base zoning district street yardClosed 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. standards at the applicant’s discretion.

3. AlleysClosed 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 considered to create a new blockClosed A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings.. ParcelsClosed See “Lot of record.” on the opposite side of an alleyClosed 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 considered along the same block faceClosed 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..

B. Side Yards

Porte cocheresClosed A roofed structure extending from the entrance of a building over an adjacent driveway and sheltering those getting in or out of vehicles. can extend into the side yardClosed 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. when incorporated into the design and construction of the primary structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., but in no case shall they be permitted to be closer than three feet from the property line.

C. Landscaping

In addition to required street trees, at least one canopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. or understory tree shall be planted or retained on the lot. For planting, the Durham Landscape Manual shall be used for species and planting area.

6.8.3. Buildings

A. Building Width

New constructionClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. shall not exceed the average buildingClosed 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. width for existing residential structures in the context area established in paragraph 6.8.2A.1, Context Area, by more than 25%, unless a building articulationClosed See Articulation. of at least six feet in depth at a point that mimics the average buildingClosed 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. width in the context area is provided.

B. Building Height

The maximum height of a primary structureClosed 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 the height of the lesser of either of the following:

1. The maximum height permitted by the zoning district; or

2. More than 14 feet taller than the shortest height of primary structures on adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. lots along the block faceClosed 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..

a. If there is not a primary structureClosed 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. on an adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. lot, the next lot along the block faceClosed 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. shall be used.

b. If the next lot also lacks a primary structureClosed 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., then the height of the vacant adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. lot shall be the maximum allowed by the zoning district.

C. Garages and Access

1. Where a lot abuts a publicly improved and maintained alleyClosed 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., all vehicular access shall be taken from the alleyClosed 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..

2. When a garage entrance faces a street other than an alleyClosed 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., a single garage entrance shall be no more than 22 feet in width.

3. The construction material of the garage shall match that of the primary structureClosed 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.. This shall not apply if the primary structureClosed 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. is constructed in accordance with the North Carolina Residential BuildingClosed 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.

D. Downspouts

For sites in the Urban Tier where no other stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls are required, downspouts shall direct stormwater runoffClosed The direct runoff of water resulting from precipitation in any form. over pervious area and not piped to right-of-wayClosed 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..

6.8.4. Vehicular Use Areas

A. Residential

1. A vehicular use area includes all surface area designated or utilized for vehicleClosed 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 vehicleClosed 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.

2. The maximum width of the vehicular use area shall be 12 feet; however, the vehicular use area can expand up to 24 feet in width to accommodate garage access or parking. The total additional vehicular use area beyond 12 feet in width shall:

a. Be behind the front building lineClosed The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building.;

b. Be at least 20 feet from the front property line; and

c. Not exceed 400 square feet.

B. Nonresidential

1. On-site parking facilities shall not be located in any required street yardClosed 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..

2. If parking facilities are located to the rear of the subject structureClosed 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., a rear entrance to the structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be provided.