Sec. 6.10. Nonresidential District and Group Living Development Intensity

6.10.1. Nonresidential and Group Living Development Standards

A. Rural Tier

All nonresidential and group living 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. in the Rural Tier as designated in the Comprehensive PlanClosed 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. shall comply with the standards in the table below.

1. Standards for All Districts

Dimensional Standard

CN

CG

I

Min.

Max.

Min.

Max.

Min.

Max.

Lot AreaClosed The total area within the lot lines of a platted lot. (acres)

2

3

10

Project Floor AreaClosed Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. (square feet)

20,000

50,000

Lot WidthClosed 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. (feet)

100

150

250

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. (feet)

25

25

40

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. (feet)

25

25

50

Rear 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. (feet)

25

25

50

Building CoverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. (%)1

23

35

30

Height (feet)

25

25

50

1 Building coverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. may be further restricted by the impervious surfaceClosed A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. requirements of paragraph 8.7.2B, Impervious Surface Limits.

a. The standards for I zoning shall apply to IL zoning.

b. Minimum side 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. in the CN and CG districts can be reduced to 15 feet if adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a nonresidential district or use.

c. Additional height in the I District, up to 145 feet, is allowed if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

d. A 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. within the CN District, with new project floor areaClosed Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. over 5,000 square feet, no development planClosed 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., and residential zoning districts adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. (including directly across a public 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.) to two or more property lines requires a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The applicant shall hold a neighborhood meeting pursuant to paragraph 3.2.3, Neighborhood Meeting, unless it previously held one for the 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. at issue.

B. Suburban Tier

All nonresidential and group living 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. in the Suburban Tier as designated in the Comprehensive PlanClosed 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. shall comply with the standards in the tables below.

1. Standards for the CN, OI, and CG Districts

Dimensional Standard

CN

OI

CG

Min.

Max.

Min.

Max.

Min.

Max.

Lot AreaClosed The total area within the lot lines of a platted lot. (square feet)

5,000

20,000

20,000

Project Floor AreaClosed Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. (square feet)

20,000

Lot WidthClosed 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. (feet)

50

60

100

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. (feet)

25

25

25

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. (feet)

15

20

25

Rear 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. (feet)

25

25

25

Building CoverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. (%)1

60

60

60

Height (feet)

35

55

55

1 Building coverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. may be further restricted by the impervious surfaceClosed A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. requirements of paragraph 8.7.2B, Impervious Surface Limits.

 

a. Side 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. in the OI and CG districts can be reduced by up to 50% if adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a nonresidential district or use, or a railroad 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..

b. Rear 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. in the table above can be reduced by up to 50% if adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a nonresidential district or use, or a railroad 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..

c. Additional height in the OI District, up to 145 feet, is allowed if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

d. A 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. within the CN district, with new project floor areaClosed Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. over 5,000 square feet, no development planClosed 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., and residential zoning districts adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. (including directly across a public 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.) to two or more property lines requires a Minor Special UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit pursuant to Sec. 3.9, Special Use Permit. The applicant shall hold a neighborhood meeting pursuant to paragraph 3.2.3, Neighborhood Meeting, unless it previously held one for the 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. at issue.

2. Standards for the SRP, IL, and I Districts

Dimensional Standard

SRP

IL

I

Min.

Max.

Min.

Max.

Min.

Max.

Lot AreaClosed The total area within the lot lines of a platted lot. (square feet)

25,000

30,000

Lot WidthClosed 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. (feet)

300

100

150

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. (feet)

100

40

40

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. (feet)

100

30

50

Rear 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. (feet)

100

25

40

Building CoverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. (%)1

15

60

65

Height (feet)

120

50

90

1 Building coverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. may be further restricted by the impervious surfaceClosed A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. requirements of paragraph 8.7.2B, Impervious Surface Limits.

 

a. Within the SRP District:

(1) 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. shall only apply to 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. adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to public rights-of-way.

(2) Side and rear 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. can be eliminated if adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a railroad right of way, or can be reduced to 30 feet if adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to permanently protected open spaceClosed 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. and the building separationClosed The required separation between primary buildings. is at least 150 feet.

(3) No parking, loading, or storage shall be permitted within the required 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. areas.

(4) The maximum building coverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. shall not apply to parking structures.

b. Side 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. in the IL and I districts can be reduced by 10 feet if adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a nonresidential district or use.

c. Rear 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. in the IL and I districts can be reduced by up to 50% if adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a railroad 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..

d. Additional Height

(1) IL District

On sites with a minimum three-acre lot areaClosed The total area within the lot lines of a platted lot., the maximum height can be increased as follows:

(a) Maximum 90 feet with a 50-foot 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..

(b) Maximum 120 feet with a 75-foot 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..

(c) Over 120 feet to a maximum 145 feet with a 75-foot 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. and issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(2) In the IL with lot acreage less than three acres, SRP, and I Districts, additional height, up to 145 feet, is allowed if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

(3) 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. in the Rural VillagesClosed An area delineated on the Future Land Use Map, within the Rural Tier, that can include residential, commercial, office, institutional, and open space/recreation land uses. of Bahama and Rougemont, as designated in the Comprehensive PlanClosed 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., can use the Suburban Tier dimensional standards subject to Sec. 8.4, Floodplain and Flood Damage Protection Standards, Sec. 8.7, Watershed Protection Overlay Standards, and the availability of water and wastewater treatment systems.

(4) (County Only) SRP-C District

(a) Establishment of the District

(i) A minimum of 25 contiguous acres shall be required for an initial establishment of the zoning for a SRP-C District;

(ii) At least 75% of the district’s perimeter must be adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to property zoned SRP, and such property shall be considered the supporting SRP District;

(iii) No SRP District may support more than one SRP-C district;

(iv) Additions shall be contiguous to the existing SRP-C District and may be made in increments of any size so long as the 75% perimeter minimum for the entire zoning area is maintained; and

(v) The maximum acreage of a SRP-C District shall be no more than one-third the contiguous acreage of the supporting SRP district.

(b) Mix of Uses

The SRP-C District shall consist of a mix of uses from at least three of the following use categories, and pursuant to Sec. 5.1, Use Table: residential, public and civic, commercial, officeClosed 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 industrial uses.

(c) Dimensional Standards

The dimensional standards, and supplemental requirements to the dimensional standards, are as follows.

Dimensional Standard

SRP-C

Min.

Max.

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. (feet)

20

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. (feet)

20

Rear 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. (feet)

20

Building CoverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. (%)1

60

Height (feet)

300

1 Building coverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. may be further restricted by the impervious surfaceClosed A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. requirements of paragraph 8.7.2B, Impervious Surface Limits.

 

(i) Minimum 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. do not apply to rights-of-way internal to the SRP-C District.

(ii) Minimum side and rear 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. shall only apply when adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to property not zoned SRP or SRP-C.

(iii) No parking, loading or storage shall be permitted within the required 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. areas.

(iv) Buildings with frontage along a public 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. shall have a maximum podiumClosed The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height equal to the width 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.. Additional height is permitted with upper story step-backsClosed The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level., as measured from 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. line; where x feet of step-back allows 2x feet of additional height.

(v) Buildings proposed adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to property zoned residential shall have a maximum height of 100 feet. Additional height may be approved with approval of a major special use permit pursuant to Sec. 3.9, Special Use Permit.

(vi) The maximum building coverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. shall not apply to parking structures.

(vii) The maximum building coverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. shall be calculated based upon the gross area of the contiguous SRP-C District.

(d) Additional Standards

(i) Minimum ground floorClosed 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. glazingClosed 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. for 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. façades facing rights-of-way shall be 50% for all nonresidential uses and 30% for residential uses.

(ii) Parking decks shall provide openings for each level of the façade facing a 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. at a minimum rate of 30% of the façade.

(iii) Standards of Sec. 7.4, Outdoor Lighting, shall not apply so long as the maximum illumination at the edge of an SRP-C district does not exceed the limits pursuant to paragraph 7.4.3, Standards.

C. Urban Tier

All nonresidential and group living 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. in the Urban Tier, as designated in the Comprehensive PlanClosed 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., shall comply with the standards in the tables below.

1. Standards for the CI District

Dimensional Standard

CI

Min.

Max.

Lot AreaClosed The total area within the lot lines of a platted lot.

20,000

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. from Back of Curb (feet)

5

15

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. (feet)

10

Rear 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. (feet)

10

Height (feet)

40

 

a. Buildings greater than 20,000 square feet are allowed in the CI District if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

b. Additional height in the CI District, up to 50 feet, is allowed if the 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. uses upper story step-backsClosed The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. at a ratio of one to one.

c. Minimum ground floorClosed 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. glazingClosed 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. for 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. façades facing street frontagesClosed The boundary of a property adjacent to one side of a street. shall be 60% for all nonresidential uses and 50% for residential uses.

d. Where 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. line is further from the curb than the 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., 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. line shall be the required 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.; structures shall not be allowed in the public 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..

2. Standards for the CN, OI, and CG Districts

Dimensional Standard

CN

OI

CG

Min.

Max.

Min.

Max.

Min.

Max.

Lot AreaClosed The total area within the lot lines of a platted lot. (square feet)

5,000

20,000

20,000

 

Project Floor AreaClosed Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. (square feet)

20,000

Lot WidthClosed 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. (feet)

50

50

100

 

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. (feet)

15

15

15

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. (feet)

10

10

15

Rear 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. (feet)

25

25

25

Building CoverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. (%)1

60

60

60

Height (feet)

35

90

55

Building coverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. may be further restricted by the impervious surfaceClosed A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. requirements of paragraph 8.7.2B, Impervious Surface Limits.

 

a. 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 be orientedClosed The directional placement of a structure or element in relation to its surroundings, the street and other structures. such that at least one of the following standards is met:

(1) The longest 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. façade is parallel to and within the 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.; or

(2) The street-facing 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. façade occupies at least 60% of the total street frontageClosed The boundary of a property adjacent to one side of a street. for the 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..

b. Additional height in the OI District, up to 145 feet, is allowed if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

c. Height in the OI District shall be capped at 45 feet for any structures located within 150 feet of the perimeter of the Compact Neighborhood Tier where the Tier adjoins residentially used and designated property.

d. A 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. within the CN District with new project floor areaClosed Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. over 5,000 square feet, no development planClosed 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., and residential zoning districts adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. (including directly across a public 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.) to two or more property lines requires a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The applicant shall hold a neighborhood meeting pursuant to paragraph 3.2.3, Neighborhood Meeting, unless it previously held one for the 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. at issue.

e. Lots 20,000 square feet or smaller in the CN, OI, and CG Districts may use the dimensional standards for the CI District as outlined in paragraph 6.10.1C.1 and may be exempt from site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review if requirements in paragraph 3.7.2 are met. In cases where CI dimensional standards are used, the provisions in paragraph 6.3.3D do not apply.

3. Standards for the IL and I Districts

Dimensional Standard

IL

I

Min.

Max.

Min.

Max.

Lot AreaClosed The total area within the lot lines of a platted lot. (square feet)

5,000

25,000

Lot WidthClosed 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. (feet)

50

100 —

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. (feet)

20

40

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. (feet)

15

40

Rear 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. (feet)

25

40

Building CoverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. (%)1

60

65

Height (feet)

50

90

Building coverageClosed The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. may be further restricted by the impervious surfaceClosed A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. requirements of paragraph 8.7.2B, Impervious Surface Limits.

 

a. In the IL District, 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 be orientedClosed The directional placement of a structure or element in relation to its surroundings, the street and other structures. such that at least one of the following standards is met:

(1) The longest 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. façade is parallel to and within the 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.; or

(2) The street-facing 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. façade occupies at least 60% of the total street frontageClosed The boundary of a property adjacent to one side of a street. for the 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..

b. Rear 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. can be reduced by up to 50% if adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a railroad 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..

c. Additional height, up to 145 feet, is allowed if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

d. Lots 20,000 square feet or smaller in the IL District may use the dimensional standards for the CI District as outlined in paragraph 6.10.1C.1 and may be exempt from site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review if requirements in paragraph 3.7.2 are met. In cases where CI dimensional standards are used, the provisions in paragraph 6.3.3D do not apply.

D. Compact Neighborhood Tier

All nonresidential and group living 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. in the Compact Neighborhood Tier, as designated in the Comprehensive PlanClosed 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., except 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. within CD districts, shall comply with the standards in the tables below.

1. Standards for the CI District

Dimensional Standard

CI

Min.

Max.

Lot AreaClosed The total area within the lot lines of a platted lot.

20,000

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. from Back of Curb (feet)

5

15

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. (feet)

10

Rear 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. (feet)

10

Height (feet)

40

a. Buildings greater than 20,000 square feet are allowed in the CI District if approved through a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

b. Additional height in the CI District, up to 50 feet, is allowed if the 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. uses upper story step-backsClosed The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. at a ratio of one-to-one.

c. Minimum ground floorClosed 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. glazingClosed 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. for 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. façades facing street frontagesClosed The boundary of a property adjacent to one side of a street. shall be 60% for all nonresidential uses and 50% for residential uses.

d. Where 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. line is further from the curb than the 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., 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. line shall be the required 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.; structures shall not be allowed in the public 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..

2. Standards for the CN and OI Districts

Dimensional Standard

CN

OI

Min.

Max.

Min.

Max.

Project Floor AreaClosed Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. (square feet)

20,000

Lot WidthClosed 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. (feet)

50

50

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. (feet)

15

15

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. (feet)

10

10

Rear 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. (feet)

15

15

Height (feet)

35

120

 

a. 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 be orientedClosed The directional placement of a structure or element in relation to its surroundings, the street and other structures. such that at least one of the following standards is met:

(1) The longest 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. façade is parallel to and within the 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.; or

(2) The street-facing 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. façade occupies at least 60% of the total street frontageClosed The boundary of a property adjacent to one side of a street. for the 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..

b. Additional height in the OI District, up to 145 feet, is allowed if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

c. Height in the OI District shall be capped at 45 feet for any structures located within 150 feet of the perimeter of the Compact Neighborhood Tier where the Tier adjoins residentially used and designated property.

d. A 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. within the CN District with new project floor areaClosed Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. over 5,000 square feet, no development planClosed 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., and residential zoning districts adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. (including directly across a public 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.) to two or more property lines requires a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The applicant shall hold a neighborhood meeting pursuant to paragraph 3.2.3, Neighborhood Meeting, unless it previously held one for the 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. at issue.

e. Lots 20,000 square feet or smaller in the CN and OI Districts may use the dimensional standards for the CI District as outlined in paragraph 6.10.1C.1 and may be exempt from site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review if requirements in paragraph 3.7.2 are met. In cases where CI dimensional standards are used, the provisions in paragraph 6.3.3D do not apply.

3. Standards for the CG and IL Districts

Dimensional Standard

CG

IL

Min.

Max.

Min.

Max.

Lot WidthClosed 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. (feet)

50

50

 

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. (feet)

15

15

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. (feet)

10

15

Rear 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. (feet)

15

15

Height (feet)

90

50

a. 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 be orientedClosed The directional placement of a structure or element in relation to its surroundings, the street and other structures. such that at least one of the following standards is met:

(1) The longest 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. façade is parallel to and within the 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.; or

(2) The street-facing 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. façade occupies at least 60% of the total street frontageClosed The boundary of a property adjacent to one side of a street. for the 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..

b. Additional height in the CG District, up to 145 feet, is allowed if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

c. Height shall be capped at 45 feet for any structures located within 150 feet of the perimeter of the Compact Neighborhood Tier where the Tier adjoins residentially used and designated property.

d. Subject to the restriction in paragraph 6.10.1D.3.c above, OI uses allowed in IL districts located in the Compact Neighborhood Tier shall have a maximum height limit of 60 feet permitted by right. Additional height up to 75 feet is allowed if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

e. Subject to the restriction in paragraph 6.10.1D.3.c above, and not withstanding paragraph 6.10.1D.3.d above, hotel, motel, and extended stay uses; places of worshipClosed A building primarily used by a non-profit organization for organized religious services and supporting uses.; government facilities (excluding correctional facilitiesClosed Publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.) and lodges and clubs allowed in IL districts located in the Compact Neighborhood Tier shall have a maximum height limit of 80 feet permitted by right. Additional height up to 95 feet is allowed if approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

f. Lots 20,000 square feet or smaller in the CG and IL Districts may use the dimensional standards for the CI District as outlined in paragraph 6.10.1C.1 and may be exempt from site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review if requirements in paragraph 3.7.2 are met. In cases where CI dimensional standards are used, the provisions in paragraph 6.3.3D do not apply.

E. Street Yard Alternatives

A new 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. or modifications to an existing 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 be required to conform to 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. requirements of the district in the following circumstances:

1. For districts with minimum 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. requirements (excluding Design Districts):

a. Where 50% or more of the lots on 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. as the lot in question are 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. with less than 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., the average setbackClosed 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. of the buildings on the 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. lots on the blockClosed A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. with less than 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 observed as the minimum setbackClosed 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. for a new 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.;

b. Where the lot on which the new 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 proposed is between two adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. existing 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. lots with less than 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., the average setbackClosed 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. of the buildings of both adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. lots shall be observed as the minimum 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.;

c. Where 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. of less than 500 feet is split into more than one zoning district, the zoning district with the most frontage shall determine the minimum 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. setbackClosed 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.. However, this provision shall not apply if the street 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. is less than 50 feet wide and property on the opposite side of the street is residentially used or zoned, in which case the provisions of paragraph 6.8.2A, Street Yards, shall be applied.

2. In the Urban and Compact Neighborhood Tiers, excluding Design Districts, the applicable 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 a multiple-frontage lot shall be applied to the frontage with the predominant orientationClosed The directional placement of a structure or element in relation to its surroundings, the street and other structures. of existing structures along the blockface. The other frontage shall be considered a side or rear as applicable; or

3. In the Urban and Compact Neighborhood Tiers, excluding Design Districts, the 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. shall be considered a minimum 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 following primary uses:

a. Fuel sales.

b. 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. sales.

6.10.2. Residential Development in Nonresidential Districts

A. Permitted Housing Types and Other Residential Development

1. The following 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. shall be allowed as indicated with a “”.

 

Zoning District

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. Allowed

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.
Detached House/Duplex
(paragraphs 7.1.2 and 7.1.6)

TownhouseClosed 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.
(paragraph 7.1.7)

Detached Rowhouse (paragraph 7.1.8)

Multiplex
(paragraph 7.1.9)

Apartment
(paragraph 7.1.10)

Upper StoryClosed 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. Residential

CI, CG, OI

CN

 

(County Only)

SRP-C

 

2. For a 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. detached house and duplex, the following zoning district 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. standards pursuant to paragraph 6.2.1, Development Standards, or paragraphs 7.1.2B and 7.1.6B, 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. Standards, as applicable, shall apply:

Tier of the 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. Site

Applicable Zoning District 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. Standard

Rural

RR (watershedClosed All of the land area draining to a particular point on a water course or to a water body. and non-watershed, as applicable)

Suburban

RS-M

Urban

RU-M

Compact Neighborhood

RC

 

3. For all other 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., the 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. standards applicable to the base zoning district, or the CI District under the provisions in paragraph 6.10.1. shall apply.

4. Height for Housing Types

a. The maximum height for the housing type shall be as follows:

Tier of the 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. Site

Maximum Height

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.
Detached House/Duplex

All other Allowed
Housing Types

Rural and Suburban

3 storiesClosed 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. and 40 feet

Height as allowed for the RS-M District per paragraph 6.3.1A, Dimensional Standards

Urban

3 storiesClosed 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. and 40 feet

Height as allowed for the RU-M District per paragraph 6.4.1A, Dimensional Standards

Compact Neighborhood

3 storiesClosed 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. and 40 feet

Height as allowed for the RC District per paragraph 6.5.1A, Dimensional Standards

 

b. For 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. detached house, additional height is allowed at a rate of one storyClosed 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. per ten feet of additional setbackClosed 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, with a maximum height of 50 feet.

5. Street level 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. shall not be allowed in the CI District, except for townhomesClosed See “Townhouse.”.

6. (County Only) The 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. standards for the SRP-C District shall apply to all 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..

B. Residential Density

1. The residential densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be based only on that portion of the tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. dedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. to the residential use and the minimum and maximum residential densitiesClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. (shown as units per acre) allowed shall be as shown in the table below:

District

Rural

Suburban

Urban

Compact

Min

Max

Min

Max

Min

Max

Min

Max

CI

5

8

8

8

CN

0.2

81,2

8

8

OI

8

111,2

8

8

CG

0.2

8

111,2

8

8

(County Only)

SRP-C

203

1 DensityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. can be increased through use of the Sec. 6.6, Affordable Housing Bonus.

2 For 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., densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. can be increased through use of paragraph 6.3.3B, RS-M District Major Roadway DensityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. Bonus.

3 DensityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in the SRP-C District can be calculated based upon the gross area of the contiguous district, including areas typically precluded from consideration for densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in Article 8, Environmental Protection.

2. DensityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. limits shall not apply to upper storyClosed 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. residential units in the CI District.

3. For 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. in nonresidential districts, the provisions in paragraph 6.3.3D do not apply.

C. Open Space

Open spaceClosed 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. shall be provided in all residential developmentsClosed 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 nonresidential districts pursuant to the table below. (County Only) Required open spaceClosed 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. within the SRP-C District can be provided anywhere within the contiguous district area.

Tier

Open SpaceClosed 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.

Rural and Suburban

18% of gross area

Urban

6% of gross area

Compact Neighborhood

5% of gross area