In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot area; to regulate and determine the areas of open spaces surrounding buildings and to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses, the-town is hereby divided into the following zones:

   (A)   R-15 Single-Family Residential.

   (B)   R-12 Single-Family Residential.

   (C)   R-10 Single-Family Residential.

   (D)   R-8 Multi-Family Residential.

   (E)   R-6 Multi-Family Residential.

   (F)   O and I-1 Office and Institutional.

   (G)   BC-1 Shopping Center.

   (H)   B-1 Neighborhood Business.

   (I)   B-2 Highway Business.

   (J)   B-3 Central Business.

   (K)   B-3P Central Business District Perimeter.

   (L)   I-2 General Industrial.

   (M)   RMF Multi-Family District.

   (N)   RMF-H High Density Multi-Family District.

(Ord. passed 11-3-1970; Am. Ord. 7-3-1972; Am. Ord. passed 9-10-2019)

   Yard and height requirements for business districts, see Appendix B

   (A)   The boundaries of the zones are shown upon the map accompanying this chapter and made a part hereof by reference, entitled "Zoning Map, the Town of Dallas, North Carolina", dated November 3, 1970. The zoning map, including all notations, references, amendments thereto, and other information shown thereon, is hereby made a part of this chapter the same as if such information set forth on the map were all fully described and set out herein. The zoning map, properly attested, is on file in the office of the Building Inspector and is available for inspection by the public.

   (B)   In the creation by this chapter of the respective zones, the Board of Aldermen has given due and careful consideration to the peculiar suitability of each and every such zone for the particular regulations applied thereto and the necessary, proper and comprehensive groupings and arrangements of the various uses and densities of population in accordance with a well considered plan for the development of the town.

   (C)   The provisions of this chapter governing the use of land and buildings, the height of buildings, building site areas, the sizes of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon said map.

   (D)   Where uncertainty exists as to boundaries of any zone shown on said map, the following rules SHALL apply:

      (1)   Where such zone boundaries are indicated as approximately following street lines, alley lines and lot lines, such lines shall be construed to be such zone boundaries.

      (2)   In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shall be determined by use of the scale appearing an the map.

      (3)   In case any further uncertainty exists the Board of Adjustment shall interpret the intent of the map as to location of such boundaries.

      (4)   Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(Ord. passed 11-3-1970; Am. Ord. passed1-11- 1972; Am. Ord. passed 4-11-1972; Am. Ord. passed 7-3-1972; Am. Ord. passed 12-5-1972)

   Within the R-15, R-l 2, R-10 and R-6 zones as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulations shall apply.

(Ord. passed 11-3-1970; Am. Ord. 1-11-1972; Am. Ord. 7-3-1972; Am. Ord. passed 11-10-1998; Am. Ord. passed 9-10-2019; Am. Ord. passed 3-14-2023)

   Within the RMF zone as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulation shall apply.

   (A)   Permitted uses. Multi-family dwellings and customary accessory structures and uses.

   (B)   Off-street parking. Off-street parking shall be provided for all uses as required by § 153.042.

   (C)   Off-street loading and unloading. Off-street loading and unloading space shall be provided by all uses as required § 153.044.

   (D)   Signs. For the purpose of advertising any use permitted in this zone, the regulations of §§ 153.080 through 153.087 shall apply.

   (E)   Advisory opinion. Prior to submitting an application for rezoning, the applicant may submit a simple sketch plan of the proposed development to the town Planning Board in order to obtain an advisory opinion from such Board as to the feasibility of the proposed rezoning prior to the preparation and submission by the required preliminary plan and preliminary construction plan.

   (F)   Preliminary site plan. An application for rezoning to a RMF Multi-family District shall be accompanied by a preliminary site plan prepared on a 28" x 42" sheet of reproducible material using the largest scale possible and shall contain:

      (1)   Land area to be included in the rezoning request;

      (2)   Proposed locations of each existing and each proposed structure and their general exterior dimensions;

      (3)   Proposed uses of all land within the area requested for rezoning;

      (4)   Dimensions between all structures and from structures to property lines;

      (5)   Traffic parking and circulation plan showing proposed locations and arrangements of parking spaces and ingress and egress to and from adjacent streets;

      (6)   Proposed location and material of any screening walls, fences or plantings;

      (7)   Proposed exterior design of buildings;

      (8)   Schedule for number and size of apartments within the projects;

      (9)   Proposed time schedule and staging, if any, for construction of the project;

      (10)   A title giving the address of the development, names and addresses of the developers, the date, scale of the plan, and the person or firm preparing the plan;

      (11)   Provision for adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking, loading space, facilities for waste disposal and illumination;

      (12)   Means for providing adequate and safe location of play areas for children and other recreational areas according to the concentration of occupancy;

      (13)   Location and type of fences, walls or year-round screen planting, when deemed necessary by the town Planning Board to shield adjacent residential zones from parking lot illumination, headlights and noise and to reduce the visual encroachment of multi-family architecture and the activity on privacy and single-family residential neighborhood character;

      (14)   Such other information as may be considered essential by the town Planning Board for the protection of public health, safety, welfare, and conveniences.

   (G)   Preliminary construction plan. A preliminary construction plan shall be prepared and shall include a perspective drawing of the multi-family dwelling units presenting the general appearances of the buildings and grounds from the major access street, which need not be prepared by an engineer, architect or commercial artist.

   (H)   Recommendations by the town Planning Board. Any recommendations and suggestions concerning the preliminary plans for the proposed multi-family residential complex made by the town Planning Board shall be based upon a finding that the plans for the development are such that traffic hazards and congestion will not be created within the development and upon the public streets at the points of ingress and egress to such development, and that the plans maintain the purposes of this section and the functions of a multi-family residential complex. The purpose of a preliminary site plan and preliminary construction plan is to enable the town Planning Board to review them so as to recommend and approve the same prior to presentation of its written recommendation and report to the Board of Aldermen.

   (I)   Board of Aldermen approval. The Board of Aldermen may refuse to approve a site plan or construction plan on the grounds that either it fails to provide unity of development with other property in the area, or that it fails to adequately protect residentially zoned properties in the same area from the adverse effects of such operation, or that the proposal fails to provide safe conditions for pedestrians and motorists, or that the plans fail to conform with the requirements of this section.

   (J)   Final plans.

      (1)   A final construction plan shall be prepared and shall include the following:

         (a)   A detailed perspective drawing of the multi-family residential complex showing the appearance of the buildings and grounds from the major access street.

         (b)   Detailed final construction plans for the purposes of building inspection to include elevations of all buildings from all sides at a scale not less than 1/8 inch to 1 foot.

      (2)   The final site plan shall be prepared on a 28" x 42" sheet of reproducible permanent base material using the largest scale possible and shall include all data required for a preliminary site plan as well an any other information required by the town Planning Board.

      (3)   The final site plan and final construction plan for the proposed development for changes within the development shall be submitted by the developer to the Chairman of the Planning Board and to the Building Inspector for their recommendations and report thereon.

      (4)   An affirmative recommendation of the final plans for the proposed multi-family residential complex by the Chairman of the Planning Board and by the Building Inspector shall be upon the finding that the final plans for the development are substantially in agreement with the preliminary site plans and preliminary construction plans as approved by the Board of Aldermen and that traffic hazards and congestion will not be crated within the development and upon the public streets at the point of ingress and egress to the development and that the plans maintain the purposes of this article and the functions of the multi-family residential complex.

      (5)   After approval of the final plans by the Chairman of the Planning Board and by the Building Inspector and after a copy of the approved plans is filed with said Building Inspector, the latter if other pertinent town ordinances have been complied with, shall issue a building permit for the construction, alteration or expansion of any building within an RMF Multi-Family Residential District upon application by the developer.

      (6)   Certificate of occupancy.

         (a)   No building shall be occupied within an RMF Multi-Family District until the certificate of occupancy shall have been issued by the Building Inspector and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and the use of same complies with this chapter.

         (b)   Provided, however, that the Building Inspector may issue a certificate of occupancy for the completed structures or buildings even though some other structures in the approved plans at the time are under constructions.

         (c)   Provided further that a certificate of occupancy shall not be issued for any completed structure until all drives, walks, parking spaces, screens, and truck loading and unloading facilities serving the same shall have been provided and substantially improved as shown on the approved final plans.

   (K)   Development requirement. In order to develop realty within the RMF Multi-Family District, the following will be required.

      (1)   A portion of the land must front on a major thoroughfare of major collector street as defined by the town Planning Board.

      (2)   The minimum land requirement shall be 15,000 square feet for the first dwelling unit and 3,500 square feet for each additional dwelling unit therein.

      (3)   The minimum setback from street, and minimum side and rear yard shall be 45 feet.

      (4)   The minimum unobstructed open space shall be 70% of total lot area, a portion of which shall be developed for parks, playgrounds, and other recreational purpose.

      (5)   Gross ground floor area of principal structures shall not exceed 18% of total land area.

      (6)   The height of any portion of any structure shall not be grater than one-half of the horizontal distance from such structure to the nearest lot line or to any other structure within the complex.

      (7)   Every building shall be separated on every side from any other building within the complex by a distance of at least 25 feet.

      (8)   No parking of motor vehicles shall be permitted within the required setbacks. The space within the required setback shall not be used as maneuvering space for the parking or un-parking of

vehicles, except that driveways providing ingress and egress to the parking area may be installed across the setback area.

   (L)   Effective approved site plan. All approved site plans for RMF Multi-Family Districts shall be binding upon the applicants therefor, their successors and assigns, shall limit and control the issuance and validity of all building permits and certificate of occupancy and shall restrict and limit the construction location use and operation of all land and structures included within such plans, provided however, that upon a showing of necessity therefore, minor changes in the location and size of structures may be permitted if such minor changes will not cause any of the following circumstances to occur.

   (M)   Amendment or revision of site plan. Pursuant to the same procedure and subject to the same limitations and requirements set forth in this section, a site plan may be amended or revised, either partially or completely.

   (N)   Copies. Upon approval of the plan for a multi-family residential complex by the Board of Aldermen, one copy of the plan shall be filed with the Town Clerk, one copy with the Building Inspector, and one copy with the town Planning Board.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11- 1972; Am. Ord. passed 7-3-1972)

   Within the RMF-H Zone as shown upon the zoning map of the town, incorporated by reference in § 153.21, the following regulations shall apply.

   (A)   Permitted uses. High density multi-family dwellings and customary accessory structures and uses which must be located within the primary structure.

   (B)   Required lot area, lot width and yards.

      (1)   Minimum lot size - none.

      (2)   Minimum lot area for first dwelling unit - 5,000 square feet.

      (3)   Minimum additional lot area for next eight units - 500 square feet.

      (4)    Minimum lot area per dwelling unit for nine units or more - 1,000 square feet.

      (5)   Minimum lot width - none.

      (6)   Minimum front yard - 20 feet.

      (7)   Minimum rear yard - 20 feet.

      (8)   Minimum side yard - 8 feet.

      (9)   Minimum combined width of both sides yards - 20 feet.

   (C)   Height. Each side yard shall be increased one foot for every two feet of building height in access of 40 feet.

   (D)   Screening. Screening shall be provided in accordance with §§ 153.060 through 153.064.

   (E)   Off-street parking. Street parking space shall be provided in accordance with § 153.042.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)

   A cluster development is a special use designed to allow for non-conventional developments, and mixed-use developments. The requirements for the cluster development are as follows.

   (A)   Cluster developments are by special use permit only.

   (B)   A cluster development may be developed in any residential, business or commercial zone in the town.

   (C)   A minimum of five lots is required.

   (D)   A lot size exemption of 75% of the minimum lot size for the zone the cluster development is to be utilized is allotted; all other requirements for that zone will apply.

   (E)   Uses shall be limited to single- family detached dwellings, and related accessory uses, as described by the zoning district the development is in.

   (F)   The maximum number of potential lots that may be created shall be computed by subtracting 20% of the gross area (an allowance for street right-of-ways) and by dividing the remainder by the minimum lot area requirements for the zoning district in which the development is located. This section shall apply regardless of the amount of land actually required for streets.

   (G)   An amount of land at a minimum equal to the amount of reduction in lot size as determined by division (D) above shall be placed as open space within the development and each lot shall have direct access by right-of-way or easement to such open space. Such open spaces shall be held in nonprofit, corporate ownership by the owners of the lots within the development. In consideration of the purposes served by a cluster development, the title to such open space shall be preserved to the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purposes. Twenty percent of the open space must have improvements. As an option, where the Board of Aldermen agrees, such open space may be dedicated to the town for public benefit.

   Within the R-8 and R-6 zones as shown on the zoning map, incorporated by reference in § 153.021, the following regulations shall apply.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. passed 11-13-2001; Am. Ord. passed 10-9-2018; Am. Ord. passed 9-10-2019)

   Sign regulations schedule, see Appendix D

      (1)   Designation of this zoning classification shall be limited for the R-5: 250 acres contiguous max; 10 acres min.

      (2)   The requirements set forth in the Appendix A: Yard and Height Requirements for Residential Districts and Appendix B: Yard and Height Requirements for Business Districts shall govern.

      (1)   A minimum of four parking spaces of off-street parking per dwelling unit is required, to include enclosed and exposed spaces. In no case shall off-street parking space(s), whether enclosed or not, extend into the public right of way, or into an easement or a public sidewalk on private property.

      (2)   Attached and detached single family homes may be permitted to have front or side entry parking access if the following conditions are met:

         (a)   For attached single family homes, the minimum required off street parking space(s) whether enclosed or not, may not abut one another unless connected to an alley, privately maintained public access, and utility easement.

         (b)   Single or double bay side-loading off street parking spaces, whether enclosed or not, shall be permitted for the end unit of an attached house provided the minimum required off street parking spaces(s), whether enclosed or not, is recessed at least 1.5 feet behind the primary plane of the conditioned space of a residential structure.

      (3)   On-street parking where required and/or desired shall not be located within five feet of a driveway apron, within 15 linear feet of a fire hydrant, or any area specifically signed for no parking- including but not limited to designated bike lanes, fire access areas, and access easements. These areas shall be clearly marked with signage and/or striping.

      (1)   (a)   New construction within this zone shall only be permitted per an approved subdivision site plan.

         (b)   Developer shall hold at least one public information meeting prior to subdivision plan consideration for approval.

      (2)   Fifteen percent of the overall area to be developed shall be placed as open space, and each lot shall have direct access by right-of-way or easement to such open space. Such open spaces shall be held in nonprofit, corporate ownership by the owners of the lots within the development. The title to such open space shall be preserved to the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purposes. Twenty percent of the open space must have improvements. As an option, where the Board of Aldermen agrees, such open space may be dedicated to the town for public benefit.

         (a)   Where the property lies along an adopted corridor on the town's bike and pedestrian plan, the developer shall be required to construct that portion of the corridor as part of the overall site development. This area shall contribute to the open space requirements outlined above. The trailway may be dedicated for private use by properties within a development only until such time as the trail is extended - either by the town or as a result of adjacent development.

         (b)   Cul-de-sacs shall have a minimum ten foot wide paved pedestrian access path connecting to the nearest public space, street right-of-way, or common open space, and have paved pedestrian connections, where practicable to provide pedestrian access connectivity. This path shall be considered part of the required common open space within the development.

      (3)   Traffic control plans showing signage and pavement markings shall be prepared in accordance with the guidance of the Manual on Uniform Traffic Control Devices. The developer is responsible for the initial installation of the devices or markings and the maintenance thereof until a public agency (Town or NCDOT) accepts the street for maintenance.

   Within the O and I-1 zones as shown on the zoning map, incorporated by reference in § 153.021, the following regulations shall apply.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. passed 9-10-2019)

   Sign regulations schedule, see Appendix D

   Within the BC-1 zones as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulations shall apply.

      (1)   Refer to the Permitted Uses Chart (Appendix C).

      (2)   Within the BC-1 zone as shown on the zoning map of the town, where a permitted use aside from a shopping center is proposed, the development standards of the B-2 Highway Business Zoning District shall apply.

      (1)   A screen containing a mixture of deciduous and evergreen trees spaced in a staggered triangular pattern not more than ten feet apart and containing not less than two rows of dense plant materials shall be planted in a 15-foot buffer strip along such rear or side lines, either or both. The same shall be planted at an initial height of at least three feet and shall be of such variety that an average height of six feet can be expected by normal growth within four years from the time of initial planting. No plant material which would be a host to insects, would affect the plants on adjoining property, or would spread disease, can be used; and all plant materials must be nursery grown and conform to the guidelines as published by the American Association of Nurserymen in their 1959 edition. All plant materials shall be planted at least three feet from the side or rear lot line of adjoining property and shall be planted in the required buffer strip prior to the issuance of a certificate of occupancy by the Inspections Superintendent.

      (2)   Not more than 30% of the zoned area shall be covered by buildings.

      (3)   No building shall be closer than 20 feet to any exterior lot line or closer than 100 feet to any street right-of-way in a BC-1 Shopping Center zone.

      (4)   The tract of land upon which the proposed shopping center is to be erected must contain at least five acres.

      (5)   A BC-1 Shopping Center zone shall abut an existing or a proposed major thoroughfare for minimum distance of 400 feet and shall have a minimum average depth of 550 feet.

      (1)   A valid market analysis indicating the economic feasibility of the proposed development by outlining:

         (a)   The trade area of the proposed shopping center;

         (b)   An estimate of the trade area population, present and future;

         (c)   An estimate of the effective buying power of the trade area, both existing and proposed;

         (d)   An estimate of the net potential customer buying power for stores in the proposed development;

         (e)   An estimate of the amount of retail sates floor space in square feet currently lacking in the trade area.

      (2)   A statement indicating readiness to proceed with the proposed development by filing with the Zoning Officer an agreement signed by the owner or owners of the proposed development that actual construction shall begin within one year from the date final plans for the shopping center are approved and shall be prosecuted to completion within a reasonable period of time thereafter. In the event the town Planning Board and the Board of Aldermen find that the intent of this paragraph has been met or construction has not commenced within said one-year period, proceedings may be instituted for rezoning the area to its original classification. It is not the intent of this section, however, to prohibit a reasonable extension of the one-year limit by the Board of Aldermen.

      (3)   The preliminary site plan and the preliminary construction plan of the proposed development.

      (1)   The preliminary site plan shall be prepared on a 30 inches by 42 inches sheet of reproducible material using the largest scale possible and shall contain:

         (a)   Dimensions of the property and adjacent lots and streets;

         (b)   Location and proposed use of all buildings with dimensions and approximate ground floor area thereof;

         (c)   Topography of existing ground and paved areas and elevation of street alleys, utilities sanitary and storm sewers, buildings and structure;

         (d)   Plans for collecting and disposing of storm water and treatment of natural and artificial water courses;

         (e)   General indication of proposed grading, surface drainage, terraces retaining wall heights, grades on paved areas and ground floor elevations shown by contours or spot elevations;

         (f)   Parking areas with all spaces shown and dimensions thereof;

         (g)   Service area, truck loading facilities, service drives and dimensions thereof;

         (h)   Pedestrian walks or walkways with dimensions thereof;

         (i)   Drives and access to parking spaces with dimensions thereof;

         (j)   Curb cuts and points of ingress and egress and all sidewalks with dimensions thereof;

         (k)   Distances between the buildings and the property lines;

         (l)   Locations of plantings, waits and screening;

         (m)   Name and address of the development, name and address of the developer, date and scale of the plan, and the name of the person or firm preparing the plans;

         (n)   Vicinity map at a scale of one inch to 1,000 feet.

      (2)   The preliminary construction plan, the preliminary site plan and a detailed perspective drawing of the shopping center representing the general appearance of the buildings and grounds from the major thoroughfare must be prepared by a person authorized by law to prepare the same.

      (3)   Recommendations and suggestions concerning the preliminary plans for the proposed shopping center by the town Planning Board shall be upon the findings that the plans for the development are such that traffic hazards and congestion will not be created within the development and upon the public streets at the point of ingress and egress to the development and that the plans of a shopping center. Dedication of additional right-of-way for public street purposes may be required to resolve potential traffic hazards and congestion. The lack of minimum yard dimensions does not imply the lack of need for such minimum dimensions. The absence of minimum yard dimensions is to provide for flexibility and imagination in design of the development. The purpose of a preliminary site plan, preliminary construction plan and perspective drawing of the shopping center is to enable the town Planning Board to review the same in order that it say recommend and approve said plans prior to presentation of the written recommendation and report to the Board of Aldermen. In each case consideration shall be given to the location of the various facilities and buildings on the premises and minimum yard dimensions.

      (4)   The Board of Aldermen may refuse to approve a preliminary site plan or a preliminary construction plan on the grounds that either fails to provide unity of development with other business uses in the same zone, or that either fails to adequately protect residential uses in adjacent zones from the adverse effects of a business operation, or that either proposal fails to provide safe conditions for pedestrians and motorists or that either plan fails to conform with the requirements of this chapter.

      (5)   Preliminary plans for the entire shopping center shall be prepared; however, a section consisting of at least 33% of the total proposed area contained in the shopping center or a section of the shopping center consisting of not less than five separate buildings, each housing a separate use, may be designated for immediate development and final plans prepared for that section only.

      (1)   A final construction plan shall be prepared and shall include the following:

         (a)   Detailed perspective drawing of the shopping center showing the appearance of the buildings and grounds from the major access street;

         (b)   Detailed final construction plans for purposes of building inspection to include elevations of every building from all sides at a scale of not less than 1/8 inch to one foot.

      (2)   The final site plan shall be prepared on a 30 inches by 42 inches sheet of reproducible permanent base material using the largest scale possible and shall include the following:

         (a)   Dimensions of the property and adjacent lots and streets;

         (b)   Location, ground floor area and proposed use of the buildings with all dimensions thereof;

         (c)   Parking area with all spaces shown and dimensions thereof;

         (d)   Service area, truck loading facilities, service drives and dimensions thereof;

         (e)   Pedestrian walks or walkways with dimensions thereof;

         (f)   Drives and access to parking spaces with dimensions thereof;

         (g)   Curb cuts and points of ingress and egress and all sidewalks with dimensions thereof;

         (h)   Distances between the buildings and the property lines;

         (i)   Location of plantings, walls and screening;

         (j)   Name and address of the development, names and addresses of the developers, date, scale of plant and person or firm preparing the plan.

      (3)   The final site plan shall show all the information required of the preliminary site plan but the information shown shall be specific, precise and accurate to usual and recognized professional standards and not general in nature.

      (4)   A design of the storm sewerage system shall be submitted to the Town Clerk for his approval.

      (5)   The final site plan and final construction plan for the proposed development or changes within the development shall be submitted by the developer to the town Planning Board for its approval. After such approval is granted, the Building Inspector shall, if other pertinent town ordinances have been complied with, issue a building permit for the construction alteration or expansion of any building within a BC-1 Shopping Center zone upon application by the developer provided:

         (a)   Construction of at least five separate buildings housing at least five separate units or construction of at least 33% of the total proposed area contained in the shopping center, whichever is greater, must be commenced initially thereafter, the developer may construct on building at a time.

         (b)   No building shall be occupied within a BC-1 Shopping Center zone until a certificate of occupancy shall have been issued by the Building Inspector and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and the use of same complies with this chapter.

         (c)   The Inspection Superintendent may issue a certificate of occupancy for any completed structure or building even though some other structures shown in the approved final plans at the time are under construction.

         (d)   A certificate of occupancy shall not be issued for the buildings constructed until all drives, walks, parking spaces, screening and truck loading and unloading facilities shall have been provided and substantially improved as shown on the final plans as approved.

      (6)   Pursuant to the same procedure and subject to the same limitations and requirements set forth in this section, a site plan may be amended or revised, either partially or completely.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11-1972; Am. Ord. passed 7-3-1972; Am. Ord. passed 2-14-1995; Am. Ord. passed 6-12-2012; Am. Ord. passed 9-10-2019)

   Sign regulations schedule, see Appendix D

   Within the B-l zones as shown on the zoning map, incorporated by reference in § 153.021, the following regulations shall apply.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11-1972; Am. Ord. passed 7-3-1972; Am. Ord. passed 2-14-1995; Am. Ord. passed 6-12-2012; Am. Ord. passed 9-10-2019; Am. Ord. passed 7-12-2022)

   Sign regulations schedule, see Appendix D

   Within the B-2 zones, as shown upon the zoning map of the town, incorporated by reference in § 153.021, the following regulations shall apply.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11-1972; Am. Ord. passed 7-3-1972; Am. Ord. passed 9-20-1994; Am. Ord. passed 6-8-2010; Am. Ord. passed 6-12-2012; Am. Ord. passed 9-10-2019)

   Sign regulations schedule, see Appendix D

   Within the B-3 zones as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulations shall apply.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. passed 9-24-1997; Am. Ord. passed 4-14-1999; Am. Ord. 11-13-2001; Am. Ord. passed 9-10-2019)

   Sign regulations schedule, see Appendix D

   Within the B-3P zones as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulations shall apply.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. 11-13-2001; Am. Ord. passed 9-10-2019)

   Sign regulations schedule, see Appendix D

   Within the 1-2 zones as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulations shall apply.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. passed 12-4-2015; Am. Ord. passed 9-10-2019)

   Sign regulations schedule, see Appendix D

   (A)   In all business and industrial zones, except the P-3 zone which is specifically exempt form the provisions of this section, there shall be provided, at the time of the erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, permanent off-street parking space in the amount specified in this section.

   (B)   In all residential and office and institutional zones, there shall be provided, at the time of the erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity adding dwelling units, guest rooms, seats or floor area, or before conversion of any building or structure from one zoning use to another, permanent off-street parking space in the amount specified in this section.

   (C)   The off-street parking space required by this section shall be permanent open space and shall not be used for any other purpose. Wheel stops or curb shall be provided where necessary to prevent any vehicle from encroaching on adjacent property, on any street right-of-way or on the area within ten feet of such right-of-way as specified in division (F) below.

   (D)   The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another for use during the same hours.

   (E)   Parking spaces maintained in connection with an existing use at the time of the adoption of this chapter up to the number required by this chapter shall be continued and may not be counted as serving a new structure or addition thereto.

   (F)   No portion of any street right-of-way or of any area within ten feet of such right-of-way line shall be considered as fulfilling or partially fulfilling the off-street parking requirements of this section.

   (G)   Except for dwelling units, if the parking space required by this section cannot be reasonably provided on the same lot on which the principal use is conducted, such space may be provided on another lot separated therefrom by not more than 400 feet, provided such lot is located in a zone in which such a use is permitted.

   (H)   Each application for a building permit or certificate of occupancy shall include information as to the location and dimensions of off-street parking space, if required and the means of ingress and egress between such space and a street or alley. This information shall be in sufficient detail to enable the Building Inspector to determine whether or not the requirements of this section are met.

   (I)   The certificate of occupancy for the use of any building, structure or land where off-street parking space is required shall be withheld by the Building Inspector until provisions of this section are fully met.

   (J)   In accordance with the foregoing provisions, off-street parking space shall be provided and permanently maintained for the following uses in the number indicated:

      (1)   Auditoriums, theaters, churches and other places of assembly. One space for each 21 square feet of seating area in main place of assembly.

      (2)   Convenience type grocery stores. One space for each 100 square feet of gross floor area, provided that any fractional result will require an additional whole space.

      (4)   Golf courses and country clubs. One space for each 200 square feet of gross floor area. or one space for each acre of real estate, whichever will provide the greatest number of spaces.

      (5)   Hotels. One space for each two rooms, plus additional space as required for other uses within the hotel.

      (6)   Hospitals. Two spaces for each bed, not including bassinets, provided that any fractional result will require an additional whole space.

      (7)   Industrial manufacturing and wholesale uses. One space for each employee, based on the maximum number of employees on one shift which the plant or building is designed to employ.

      (8)   Motels and tourist homes. One space for each room or unit to be rented, plus additional space as required for other uses within the motel or tourist home.

      (9)   Nursing homes. For chronic or convalescent patients and homes for the aged and infirm. One space for each bed, provided that any fractional result will require an additional whole space.

      (10)   Occupations, customary home. One space for each 200 square feet of gross floor area devoted to the particular customary home occupation, in addition to the normal off-street parking spaces required of a dwelling. Such parking space or spaces shall be located in the rear yard, screened from view of adjacent residential properties, and connected to the access street by paved driveway. Every person connected with or utilizing the services of a customary home occupation shall use the parking spaces provided in the rear yard only, and the owner of the dwelling shall be responsible for requiring such use.

      (11)   Other business or service uses. Not otherwise referred to herein. One space for each 400 square feet of gross floor space.

      (12)   Retail business and office uses. One space for each four hundred (400) square feet of gross floor space.

      (13)   Rooming and boardinghouses, fraternities. One space for each room to be occupied.

      (14)   Schools. Three spaces for each room used for administrative offices or class instruction or one space for each six seats in the auditorium or other places of assembly or facilities available to the public, whichever is greater, in elementary schools and junior high schools and the equivalent private or parochial schools. Five spaces for each room used for administrative offices or class instruction or one space for each five seats in the auditorium or other places of assembly or facilities available to the public, whichever is greater, in senior high schools, trade and vocational schools, colleges and universities. One space for each adult attendant in day nurseries, day-care centers and preschool kindergartens.

      (15)   Swimming pools. One space for each 200 square feet of swimming pool area.

      (16)   Tennis courts. Eight spaces for each unit.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. passed 2-28-2006; Am. Ord. passed 5-8-2008; Am. Ord. passed 6-11-2013; Am. Ord. passed 3-8-2022)

   (A)   Off-street parking may be provided through a special permit in residential zone for a multi-family residential, office and institutional, business, or industrial use subject to the following requirements:

      (1)   The parking lot shall directly abut the multi-family, office and institutional, business or industrial use.

      (2)   No portion of the parking lot shall extend more than 150 feet into the adjacent residential zone.

      (3)   All off-street parking facilities shall be designed with appropriate means of access to a public street or alley, as well as maneuvering space.

      (4)   Parking areas shall have adequate drainage and shall be provided with bumper guards where required by the Town Clerk.

      (5)   Parking areas shall be used for parking of automobiles only, with no sales storage, repair work. dismantling, or servicing of any kind to be permitted.

      (6)   All required parking spaces shall be of such design and located so as to be convenient and readily usable by the patrons thereof.

      (7)   Sufficient area shall be provided within the property lines so that all vehicles may enter and leave in a forward motion.

      (8)   All parking lots shall be paved with concrete, penetration macadam. or plant mix.

      (9)   If illuminated night time parking is to be permitted, the lights shall be shielded so as to prevent direct beaming into a residential area.

      (10)   A screen containing a mixture of deciduous and evergreen trees spaced in a staggered triangular pattern not more than ten feet apart and containing not less than two rows of dense plant materials shall be planted in a 15-foot buffer strip along such rear or side lines, either or both, The same shall be planted at an initial height of at least three feet and shall be of such variety that an average height of six feet can be expected by normal growth within four years from the time of initial planting. No plant material which would be a host to insects, would affect the plants on adjoining property or would spread disease can be used; and all plant material must be nursery grown and conform to the guidelines as published by the American Nursery Association in its 1959 edition. All plant materials shall be planted at least three feet from the side or rear lot line of adjoining property and shall be planted in the required buffer strip prior to the issuance of a certificate of occupancy by the Building Inspector. The buffer strip shall be maintained in neat order and condition by the property owner and/or occupant of the premises. The plant material shall be periodically trimmed or pruned at a height of not less than six feet and diseased or dead plant material shall be removed and replaced.

      (11)   The requirements set forth herein shall be in addition to the off-street parking requirements of § 153.042.

   (B)   The Board of Aldermen may, in the special permit, restrict the hours of parking,

   (C)   A special permit for such use shall be limited to a period of two years initially and thereafter may be renewed by the Board of Aldermen for a period not to exceed 12 months; provided, however, that a violation of any provision of the special permit shall revoke the license granted. No special permit shall be issued or renewed until after a public hearing is held on the matter.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11-1972; Am. Ord. passed 7-3-1972)

   At the time of the erection of any main building or part thereof which is designed, arranged or used for any use required by this section to provide off-street loading and unloading space, such space shall be provided as set forth herein.

   (A)   Retail and service establishments with a gross floor area of less than 20,000 square feet, and all wholesale and industrial operations with a gross floor area of less than 10,000 square feet: One loading space with minimum dimensions of 12 feet by 25 feet; provided however, two or more adjoining establishments with a total gross floor area of not more than that specified herein may be considered as one establishment for the purpose of complying with this provision.

   (B)   Retail and service establishments with a gross floor area of 20,000 square feet or more: One loading space with minimum dimensions of 12 feet by 25 feet for every 20,000 square feet of gross floor area and any fraction thereof in excess of 10,000 square feet.

   (C)   Office buildings and hotels with a gross floor area of 50,000 square feet or more: One loading space with minimum dimensions of 12 feet by 25 feet for every 50,000 square feet of gross floor area and any fraction thereof in excess of 25,000 square feet.

   (D)   Industrial and wholesale establishments with a gross floor area of 10,000 square feet or more shall provide loading spaces with minimum dimensions of 12 feet by 55 feet as follows:

      Each 100,00 square feet above

   (E)   The off-street loading and unloading space required by this section shall be permanent space and shall not be used for any other purpose.

(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972)

   (A)   Introduction. The purpose of this section is to allow for the usage of density credits in association with the dedication of road right-of-way. The Thoroughfare Plan of the Gaston Urban Area shows the location of existing and proposed thoroughfares in the Dallas area. Per G.S. § 136-66.10, dedication of right-of way in conformance with the Thoroughfare Plan, may be required by a local government. In association with such dedication, G.S. § 136-66.10 also permits local elected bodies to grant density credits. Such right-of-way dedication and the allowance of density credits is viewed as a means of fostering the orderly, timely, and cost-effective development and/or improvement of thoroughfares in the Dallas area.

   (B)   Definitions. 

      (1)   For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         DENSITY CREDIT. The potential for the improvement or subdivision of part or all of a parcel of real property as permitted under the terms of this chapter.

         FUNCTIONAL DESIGN. A preliminary roadway design shall be approved by the Board of Aldermen on a topographic map at a scale no smaller than one inch equals 200 feet (1" = 200') showing the horizontal width, centerline and typical cross-section for a proposed roadway. Cross-sections shall show roadway and lane width, and right-of-way width, and may also show utility easements, and other roadway improvements that describe the final appearance of the road (i.e., sidewalks, tree plantings, bikeway facilities, etc.). Typical cross-sections should be based on NCDOT recommended street designs. All functional designs are maintained at the Metropolitan Planning Office facilities located in the Gastonia City Hall and are available for public inspection during normal business hours.

         THOROUGHFARE PLAN. The version of the Thoroughfare Plan of the Gaston Urban Area most recently adopted by the Board of Aldermen.

      (2)   The following terms are to be used in computing and applying density credits:

         A1 = Entire area of land to be dedicated for thoroughfare right-of-way purposes if direct access to such thoroughfare by abutting lots from the tract in question is not permitted.

         A2 = lf direct access from abutting lots (on the tract in question) to the thoroughfare is allowed, the difference between the area of land dedicated for right-of-way purposes.

         B = Area of tract prior to right-of-way dedication.

         C = A- (A1 of A2), (i.e., land in tract remaining after dedication is made).

         D = Minimum lot size requirement prior to application of density credit bonus.

         E = Minimum lot size after application of density credit bonus (A1 or A2/B x D).

         F = Maximum multi-family units per acre without density credit bonus.

   (C)   Right-of-way dedication.

      (1)   Per G.S. § 136-66.10, density credits may be granted by the Board of Aldermen whenever right-of-way dedication, in accordance with the Thoroughfare Plan, is required for a tract of land located within the planning jurisdiction of the town, and such tract is proposed for subdivision or use of land pursuant to a zoning permit.

      (2)   Right-of-way dedication may be so required by the Board of Aldermen in situations where land subdivision is not involved, if the Board of Aldermen determines that:

         (a)   Said dedication does not result in the deprivation of all reasonable use of the original tract; and

         (b)   The dedication is reasonably related to the traffic generated by the proposed use of land, or the impact of the dedication is mitigated by other measures including the use of density credits, as herein prescribed, on contiguous land owned by the sub-divider.

      (3)   (a)   If the full width of the thoroughfare for which land is to be dedicated is completely contained within the tract of land to be used or developed, up to 100% of the right-of-way needed to construct or enlarge the thoroughfare on that tract shall be provided.

         (b)   If a portion of such thoroughfare is located on the property proposed to be subdivided or developed, the corresponding proportion of land on that tract may be required to be dedicated.

      (4)   Dedication of land, as provided herein, shall be offered to the public. Proof (in the form of an instrument having been recorded in the Gaston County Deeds Office) of such dedication having been made shall be furnished to the Zoning Enforcement Officer prior to the issuance of any zoning permit.

      (5)   Any land so dedicated shall substantially be that as needed for the thoroughfare right-of-way in question as shown on the Thoroughfare Plan.

   (D)   Application of density credits.

      (1)   The usage of density credits shall be applicable on a particular tract only if approved by the Board of Aldermen.

      (2)   The amount of density credits granted by the Board of Aldermen shall be computed as follows:

         (a)   If the tract(s) which abuts the proposed thoroughfare, or lots created from said tract which abut the thoroughfare, will be able to directly access the thoroughfare, density credits will be computed only for that area of land dedicated (per the Thoroughfare Plan). Irrespective of the above, the Board of Aldermen shall have the authority to issue density credits based on the full right-of-way width, having determined that the proposed road location will significantly aid in the flow of traffic both in the immediate vicinity and throughout the community.

         (b)   If the tract(s) which abuts the proposed thoroughfare, or lots created from said tract which abut the thoroughfare, are not permitted access or are otherwise unable to access the thoroughfare, density credits are to be calculated using the full-width of the right-of-way dedication area.

      (3)   The result of the application of density credits shall be to allow for a level or intensity of development above that which would normally be allowed in the underlying general zoning district and the creation of lots which may be smaller in area that otherwise called for in the underlying zoning district.

   (E)   Density credit calculations.

   The following formulae shall be used in calculating the additional amount of development allowed using density credits:

      (1)   Single-family (including lots containing individual manufactured homes) and two-family lots.

         (a)   The density credit bonus is derived by dividing the area dedicated for thoroughfare right-of- way purposes (A1) or (A2) by the area of the entire tract and then multiplied by 100 [(A1 or A2)/B x 100]. The ensuing figure may be used on a percent-by-percent basis to reduce the minimum lot size by up to 25%. Irrespective of the use of density credits, all yard, height, parking, and setback requirements as stated in this chapter are to be observed.

         (b)   Additionally, all lots will either utilize a well and/or septic system or are located within the Watershed District must meet the minimum lot area, maximum density, and other standards prescribed by the Gaston County Environmental Health Division or the Gaston County Watershed Administrator. (Refer to Figure 1 for an illustrative example.)

   Figure 1: Subdivision

Note: Drawing not to scale

FACTS:

   1.   The tract has an area of 871,200 square feet (20 acres).

   2.   The area of the thoroughfare right- of-way = 100, 000 square feet.

   3.   Access onto the thoroughfare from the subdivision lots is not allowed.

   4.    Maximum allowable density credit = 0.25.

DENSITY CREDIT APPLICATION:

   1.   100,000/871,200 = 0.115.

   2.    0.115 is less than 0.25.

   3.   Minimum lot sizes can be reduced by up to11.5% for single- and two-family dwellings.

   4.    All applicable yard requirements must be met on each lot.

A subdivision is proposed for the above 20 acre lot. 100,000 square feet (or 11.5%) of the tract's area is taken up by the proposed thoroughfare right-of-way. Access from the subdivision lots to the thoroughfare shall not be permitted. Thus, the full density credit (100,000/871,200 or 0.115 is applicable.

The full density credit, 0.115, is below the maximum allowable (0.25). Thus, minimum lot sizes can be reduced by 11.5%.

      (2)   Two-family developments and any other developments where density is measured on a units per acre basis.

         (a)   The density credit bonus (A1 or A2/B) shall be multiplied by the maximum density level (F) in the underlying zoning district. The resulting figure is then added to F and then multiplied by C, the remaining developable land in the tract once the right-of-way dedication has been made. In no case may the subsequent density level be raised by more than 25% over that level which is normally allowed in the underlying zoning district. Irrespective of the use of density credits, all yard, height, parking, and setback requirements stated in this chapter are to be observed.

         (b)   Additionally, all lots that will either utilize a well and/or septic system or are located within the Watershed District must meet the minimum lot area, maximum density, and other standards prescribed by the Gaston County Environmental Health Division or the Gaston County Watershed Administrator. (Refer to Figure 2 for an illustrative example.)

   Figure 2: Multi- Family

Note: Drawing not to scale

FACTS:

   1.   The tract has an area of 871,200 square feet (20 acres).

   2.   The area of the thoroughfare right- of-way = 100, 000 square feet.

   3.   Access onto the thoroughfare from the development is allowed.

   4.   Maximum allowable density credit = 0.25.

   5.   Normal maximum density = 10 units per acre.

DENSITY CREDIT APPLICATION:

   1.    One-half of the right-of-way area, 50,000 square feet, can be used towards the density credit bonus.

   2.   50,000/871,200 = 0.057.

   3.   0.057 is less than 0.25.

   4.   Minimum density of developable area (17.7 acres) can be increased by 5.7% (10 units/acre x 0.057= 10.57).

   5.   17.7 X 10.57 units/acre = 187 units.

   6.    All applicable yard and parking requirements must be met.

A multi-family development is proposed for the above 20 acre lot. 100,000 square feet (or 11.5%) of the tract's area is taken up by the proposed thoroughfare right-of-way. Access from the tract up by the proposed thoroughfare is permitted. Thus, half of the right-of-way (50,000 square feet) is available for the density credit bonus. Thus, 50,000/871,200 = 0.057.

Normal zoning allows a maximum density of 0 units/acre. The allowable maximum density is 10 x 1.057 = 10.57 units/acre with the density credit. The amount of developable land (i.e., excluding the right-of-way) is 17.7 acres. Therefore, 17.7 x 10.57 = 187 multi-family units which can be built on the tract. The full density credit, 0.115, is below the maximum allowable (0.25). Thus, minimum lot sizes can be reduced by 11.5%.

      (3)   Non-residential developments.

         (a)   The area to be computed for the density credit shall first be determined (A1 or A2). Such area may be used to reduce the number of required off-street parking spaces at a ratio of one off-street parking space reduction per 330 square feet of available density credit area. In no case may the number of off-street parking spaces be reduced by greater than 10% over that which is normally required. All other applicable provisions of this chapter shall be observed.

         (b)   Additionally, all lots that will either utilize a well and/or septic system or are located within the Watershed District must meet the minimum lot area, maximum density, and other standards prescribed by the Gaston County Environmental Health Division or the Gaston County Watershed Administrator (Refer to Figure 3 for an illustrative example.)

   Figure 3: Office Development 

Note: Drawing not to scale

FACTS:

   1.   The tract has an area of 871,200 square feet (20 acres).

   2.   The area of the thoroughfareright- of-way = 100, 000 square feet.

   3.   Access onto the thoroughfare from the development is allowed.

   4.   The proposed commercial development normally requires 200 off-street parking spaced

   5.   The density credit can be used to reduce the required number of off-street parking spaces by one space per 330 square feet of available density credits.

DENSITY CREDIT APPLICATION:

   1.   One-half of the right-of-way area, 50,000 square feet, can be used towards the density credit bonus.

   2.   50,000/330 = 151.5.

   3.   Parking spaces can be reduced by on greater than 20 spaces (10% of 200).

   4.    To maximize the use of density credits, a large building could be developed on-site, so long as all applicable yard requirements were meet.

An office development is proposed for the above 20 acre lot. 100,000 square feet (or 11.5%) of the tract's area is taken up by the proposed thoroughfare right-of-way. Access from the development to thoroughfare is permitted. Thus, half of the right-of-way (50,000 square feet) is available for the density credit bonus. Thus, 50,000/871,200 = 0.057.

Normal zoning requires this building to have 200 off-street parking spaces. The available density credit, 50,000 square feet, can be used to reduce the number of parking spaces by up to 20 (i.e., 10%). Use of the full available density credit will not be made. The developer may wish to build a larger building to make full use of the density credits.

(Ord. passed 5-11-1999)

   (A)   Purpose and intent.

      (1)   Planned residential developments (PRD's) may consist of either single-family dwellings, duplexes, or multifamily dwellings, or a mixture of said housing types. A variety of dwelling types and physical arrangements may be permitted such as single-family detached houses, lotline houses, village houses, twin houses, duplexes, patio houses, atrium houses, townhouses, other cluster arrangements, or other multifamily arrangements.

      (2)   The purpose for having planned residential developments is to promote variety, innovation, and flexibility in development by allowing certain variations in lot sizes, dwelling unit types and/or design requirements, the intended purpose of which is to:

         (a)   Permit a creative approach to the development of residential land;

         (b)   Provide for an efficient use of land;

         (c)   Enhance the appearance of neighborhoods through preservation of natural features;

         (d)   Provide for recreational areas and open space; and

         (e)   Provide an opportunity for new approaches to living environment and provide an environment of stable character compatible with surrounding residential areas.

      (3)   In keeping with the stated purpose of this section, PRD's are only allowed as conditional zoning districts. Furthermore, planned developments are reviewed in terms of the overall density, quality of development, and building separation to ensure public safety. Therefore, the lot and setback requirements for single-family residential development and non- residential development are waived for individual lots within the PRD. In addition, the minimum street frontage requirement in section 18-34(a), Lot Layout, in the City of Gastonia Subdivision Ordinance, may be reduced in PRD's. Minimum distances between multi-family, townhouse, and atrium developments are set forth in division (B)(19) below.

   (B)   Project requirements. The following minimum requirements shall be applicable to any PRD.

   (1)   Location, project size, density. (Shall only be used when it is in conjunction with a joint project with the City of Gastonia.)

 

      (2)   Dwelling unit types. Allowed dwelling unit types for PRDs for each applicable zoning district are as follows.

 

      (3)   Public service. The site must be served by public water and sewer.

      (4)   Minimum front yard setback at project boundary where rear residential yards abut the front project boundary. Fifty feet at front project boundary, except that it may be reduced as follows:

         (a)   The setback may be reduced to a minimum of 25 feet where either:

            1.   A level 1 buffer (or equivalent as determined by the Zoning Administrator) is placed in the front yard;

            2.   A semi-transparent wall constructed of brick, stone, stucco or other decorative masonry finish in combination with iron or vinyl pickets is placed within the front yard setback (e.g. brick knee wall with vinyl or iron pickets or an iron fence with brick columns) and is supplemented either in the setback or in the right-of-way (with an encroachment agreement) with either of the following planting choices per 100 linear feet:

               a.   Two and one-half large deciduous trees, (two-inch caliper, eight feet height at planting) (examples: Red Maple, Ash, male Ginkgo, Sweet Gum, Water Oak, Pin Oak, Willow Oak, Red Oak, Zelkova); or

               b.    Three large evergreen trees, (two-inch caliper, eight feet height at planting) (examples: Magnolia Grandiflora, Japanese Cryptomeria, Deodar Cedar, Leland Cyprus); or

               c.    Four small trees, (one and one-half-inch caliper if single stem form, six feet height at planting) (examples: ornamental cherry, dogwood, Nellie Stevens Holly, crepe myrtle); or

               d.   Any combination of the above at the rate of three and one-quarter trees per 100 linear feet.

         (b)   Reserved.

         (c)   For TID's, the minimum front yard setback at project boundary may be reduced to 20 feet where the requirements of division (B)(4)(a) are met, for any front property line that abuts a non-residentially zoned parcel or a major or minor thoroughfare. Notwithstanding this division, the setback provisions for TID's in TH districts [subsections 17-93(e)(1), (2)] shall remain unchanged. TID's shall also be subject to the sight triangle provisions of section 17-126.

      (5)   Minimum setback at project boundary. Twenty-five feet shall be provided along the entire, external planned residential district boundary. The external PRD setback may be reduced when the front, rear, and side yard setbacks of single-family residential buildings and accessory residential structures in a planned residential district within 150 feet of the perimeter conform to the setbacks in the adjacent single-family residential zone. In this case, PRD project setbacks may be reduced to that required by the adjacent single-family residential zone.

      (6)   Reserved.

      (7)   Minimum project lot width (as measured at required front yard setback). 100 feet. In no case shall the front lot width at the street right-of-way line be less than 50 feet.

      (8)   Maximum building height. The maximum building height shall be based on the distance the principal structure is from any other principal residential structure within the PRD or the lot line separating the PRD district from a residential (R) zoning district, except R-A.

 

 

      (9)   Reserved.

      (10)   Accessory structures. Accessory structures for single-family patio homes shall not be located in any front yard or required side yard; shall

not cover more than 30% of any required rear yard; and shall be set back 12 feet on one side yard only. The zero lot line for the accessory structure shall be the same as the zero lot line for the principal structure. A five-foot setback shall be maintained between the accessory building and the rear property line and/or any other structure located on the property. The exterior finish of such accessory building shall be similar to the principal dwelling and no openings shall be located on the zero lot line side.

      (11)   Private drives. Where parking is provided by private drives for individual dwelling units, space shall be provided for parking at least two cars at each dwelling unit. For TIDs, this requirement may be reduced to one car where on-street parking is designed into the street system.

      (12)   Ground entrances. At least one ground entrance to every dwelling shall be located within a walking distance of 100 feet to the parking area within the development designated to serve that dwelling.

      (13)   Private streets. Private streets within the development may be approved and, if so, shall be designed and constructed to carry vehicular traffic from public streets to parking or service areas within the development. All private streets shall meet the following requirements:

         (a)   Private streets must have a minimum reserved (i.e., right-of-way) width of 50 feet, exclusive of parking bay areas, and have a minimum pavement width of 18 feet, measured from edge of pavement to edge of pavement. Additional widths will be required where on-street parallel parking is to be provided. Unpaved private streets shall not be allowed.

         (b)   The edge of pavement of any private street or any off-street parking area shall be no closer than 20 feet to any townhouse or multi-family principal building and ten feet to any other principal or accessory structure within the development.

      (14)   Common open space. Common open space is only that land dedicated to the public or designated by the development plan for the use, benefit, and enjoyment of all residents of the planned development. Open space may be common area owned and maintained by a homeowners' association or open space dedicated to the public. The City of Gastonia will only except open space when it is part of a larger public recreation system (such as land along a planned greenway route) and maintains sole discretion on property acceptance. To qualify as common open space, the land shall be usable for recreation purposes or provide visual, aesthetic, or environmental amenities, and may not be occupied by streets, drives, parking areas, or structures (other than recreational structures), with the exception of a sidewalk with at least a six-foot wide tree lawn.

         (a)   1.   Twenty percent of the project area shall consist of common open space. Common open space may be a combination of usable natural areas, such as community greens or passive park space, and improved common open space, such as pedestrian trails, pool and club house areas, tennis courts, playgrounds, and sidewalks when a six-foot wide (minimum) tree lawn is provided between the sidewalk and the street. A minimum of 12% of the project area shall consist of improved common open space.

            2.   If additional improved common open space is provided, the total common open space required may be reduced as follows:

 

 

         (b)   Because space is limited within transitional infill developments (TIDs), the common open space requirements are reduced. At least 12% of the project area shall consist of common open space and a minimum of 8% shall be improved common open space. Transitional infill developments (TIDs) within the traditional design (TD) overlay district having less than six dwelling units are exempt from the common open space requirements.

         (c)   Sidewalks constructed in conjunction with a six-foot wide tree lawn may be counted towards improved common open space, however sidewalks and tree lawns may only account for up to 50% of the project's common improved open space calculation. For example, if:

            1.   50,000 square feet of common improved open space is required, and

            2.   30,000 square feet is attributable to sidewalks with tree lawns, then

            3.   25,000 square feet may be applied toward improved common open space, and

            4.   5,000 square feet may be applied toward usable natural areas.

Trees should be planted in a way that minimizes conflict with underground utilities.

         (d)   Environmentally sensitive lands (land within a floodway or floodway fringe as determined by FEMA, land with slopes greater than 25%, wetlands, and other critical ecological areas) shall not qualify as common open space. However, an exception may be made when, based on staff evaluation, recreation areas and trails are provided within these lands in a manner that doesn't overly impact sensitive areas.

         (e)   All property owners in the PRD shall have access to the open space by means of a public or private street or an all-weather walkway in a publicly dedicated easement.

         (f)   When improvements are made for recreational purposes, standard practices for long term durability and minimal maintenance should be observed.

         (g)   Open space shall be provided within each phase of the PRD in sufficient amounts to serve a substantial portion of the expected population or occupancy of that phase.

         (h)   If private walking or nature trails are proposed, said improved common open space shall be calculated as follows:

 

 

         (i)   For planned unit developments (PUDs), the percentage of open space shall be calculated based on the total acreage of residential and institutional uses only. Contributing, improved open spaces within office and commercial areas can be counted towards the total open space calculation.

      (15)   Screening. Screening, in accordance with sections 17-144 and 17-145 shall be required at the following locations:

         (a)   Along a property line or a street bounding the project where said property line or street separates the project from other uses, the following screening shall be provided:

            1.   If the PRD abuts an office (O) zoning district, a level 1 screen, as a minimum, shall be provided within said boundaries of the PRD.

            2.   If the PRD abuts a commercial (C) zoning district, a level 2 screen, as a minimum, shall be provided within said boundaries of the PRD.

            3.   If the PRD abuts:

               a.   An industrial/ wholesaling/ trucking use;

               b.   A use allowed only within a R-A or industrial (I) district; or

               c.   An R-A or industrial (I) zone, a level 3 screen, as a minimum, shall be provided within said boundaries of the PRD.

         (b)   Along a property line or a street bounding the project where said property line or street separates multifamily, atrium or attached single-family housing areas within the project from abutting lots which lie in a residential (R) zoning district (except R-A), a level 1-S screen, as a minimum, shall be provided within said boundaries of the PRD. Such screening shall not be required along those lot lines which separate the PRD from an adjoining PRD or multifamily development.

         (c)   Refer to § 153.048(B)(7) for screening requirements for PRDs located within a planned unit development.

         (d)   For any development within a PRD which provides 25 or more parking spaces in a designated off-street parking facility, parking lot landscaping requirements found in section 17-146 shall be observed.

      (16)   Accessible to emergency and refuse vehicles. Off-street parking areas and all internal streets shall provide safe and convenient access for emergency service and refuse collection vehicles and other service and delivery vehicles.

      (17)   Points of ingress and egress. Any PRD containing 80 or more dwelling units shall have at least one point of ingress and egress onto a major or minor thoroughfare as depicted on the most up-to-date version of the thoroughfare plan of the Gaston Urban Area.

      (18)   Sidewalks. Sidewalks, constructed in accordance with all applicable city construction specifications, shall be placed on both sides of major and minor thoroughfares. On streets other than thoroughfares, the construction of sidewalks on both sides of the street is encouraged, however at a minimum sidewalks are required along one side of internal streets. Due to the size (i.e., number of residences proposed) of the development and the associated internal road traffic network for the development, the Planning Commission and/or City Council may require the placement of sidewalks in other situations where it is deemed to support the public's interest and general welfare.

      (19)   Additional requirements. The following additional requirements apply to multifamily, townhouse or atrium developments within a PRD:

         (a)   The arrangement of buildings shall not create long alleyways between the rears of residential buildings on the site.

         (b)   The front entrance to any residential building shall not directly face the rear of any other residential building unless the two buildings are located at least 200 feet apart and within said 200 feet lies an equivalent level 1-A or higher screen; if the two buildings are located between 100 to 200 feet apart, an equivalent level 2 or higher screen shall be provided. In no instance shall the rears of any two residential buildings be allowed less than 100 feet apart.

         (c)   No exterior wall of a building shall run unarticulated for a horizontal distance of more than 40 feet.

         (d)   A minimum of 20 feet shall be maintained between one story buildings. An additional five feet of separation shall be added for each additional story. A multiple story building with lower end units shall be considered a multiple story building. In TIDs, a minimum of 20 feet shall be maintained between all attached structures, regardless of height.

         (e)   All building wall faces of greater than 200 square feet in area shall have at least six square feet of window area per 200 square feet of total wall area. However, this requirement shall not apply to walls facing alleyways.

      (20)   Multi-phased projects. Each phase of a multi-phased project shall be able to stand as an independent project. As used in this section, the term PHASE shall refer to that portion of the project for which the applicant requests special use permit. Only as part of a multi-phased project shall the density of residential development in a completed phase of the project area exceed the maximum density approved for the project. Two examples of this are as follows:

         (a)   A 100 unit complex is proposed on a site containing ten acres. The maximum density allowed is ten units per acre. The developer proposes to develop the project in four phases, each phase containing 25 units. The maximum density allowed in each phase shall be ten units per acre.

         (b)   A 60 unit development is proposed to be developed in three phases. The maximum allowable density for the project is ten units per acre. Phase one is developed at a density of five units per acre. Phase two may be developed at a maximum density of 15 units per acre. In this manner, the cumulative density of the project is not greater than the maximum allowed of ten units per acre. In no instance may the cumulative density at any time exceed ten units per acre.

      (21)   Lot line houses. Lot line houses may be built without one required side yard provided any portion of a wall containing windows, doors, or other openings shall not be closer than five feet to the zero lot line. Furthermore, any window air-conditioning unit, utility meters of any sort, through-the-wall appliance vents, and HVAC equipment shall be set back at least five feet from the zero lot line. Code approved translucent glass (architectural glass block for example) is allowed up to the zero lot line. Gutters and downspouts shall be installed so that water is not channeled or directed beyond the zero lot line. Fences or walls along the zero lot line side shall be solid and at least six feet in height. Maintenance agreements applicable to structures along property lines shall be provided.

   (C)   Density bonus. A density bonus of up to 31% over the basic density normally allowed may be approved by the Planning Commission or City Council when granting the special use permit or conditional rezoning. Such density bonus must be based upon the amount of common open space greater than that required by this section. The common open space calculation is derived from the gross project acreage and the acreage of common open space provided which meets the requirements of this section. For each one percent increase in the amount of common open space and improved common open space provided, the number of dwelling units allowed increases by .15. The table below indicates the density bonus allowed in an R-1/PRD.

 

   (D)   Transitional infill developments (TIDs). A transitional infill development (TID) is a type of PRD characterized by smaller project areas and higher density, innovative development. The project size of any PRD-TID shall be between one acre and the minimum size established for regular PRDs, provided however, TIDs within the traditional design (TD) overlay district shall be between 15,000 square feet and the minimum size established for regular PRDs. Any such development must contain at least five dwelling units (three dwelling units in the Traditional design (TD) overlay district), regardless of project size. A TID may be established only on parcels that meet all of the following criteria:

      (1)   Follow the procedures for establishing a PRD, as outlined in this section; and

      (2)   Be either:

         (a)   Adjacent to, or across a street from, a non-residential zoning district; or

         (b)   Have frontage on/direct access to a major or minor thoroughfare; or

         (c)   Be located within the traditional design (TD) district.

   All planned unit developments (PUD's) shall be developed in accordance with the standards of this section; provided, however, any residential components of such developments shall also conform to all the requirements of § 153.047 (except as herein provided).

   (A)   Purpose. The purpose of this section is to establish requirements and review procedures for mixed use projects which may include a full range of housing types and compatible commercial, office institutional, and industrial uses. In order to encourage high quality design and innovative arrangements of buildings and open space uses throughout the project site, these regulations provide for substantial flexibility from conventional use and dimensional requirements.

   (B)   Project requirements. The following minimum requirements shall be applicable to PUD's:

      (1)   Minimum project size.

         (a)   PUD's which contain residential dwelling units: 30 acres.

         (b)   PUD's which do not contain residential dwelling units: 10 acres.

      (2)   Maximum density/intensity.

         (a)   For residential portions of the project the maximum densities shall be those listed in § 153.047(B)(1). The density bonuses in accordance with § 153.047(C) shall likewise be applicable.

         (b)   Except as may be provided elsewhere in this chapter, for nonresidential portions of the project the maximum floor area ratio (FAR) and maximum impervious surface ratio (ISR) shall be:

 

 

      (3)   Uses allowed within a PUD. Uses allowed within a PUD shall be limited to those permitted or special uses listed in the PUD district.

      (4)   Reserved.

      (5)   Unless otherwise specified in this section, residential portions of planned unit developments shall meet all requirements of § 153.047.

      (6)   Nonresidential portions of planned unit developments shall meet all of the following requirements:

         (a)   Public water and sewer must be provided to the site.

         (b)   Minimum front setback at project boundary: 50 feet. (The term PROJECT BOUNDARY shall mean any dedicated street which constitutes an external project boundary. The 50-foot setback requirement also shall apply to any thoroughfare which cuts through the development. Additional thorougfare setback requirements from the thoroughfare right-of-way shall be provided per section 17-93(c)).

         (c)   Minimum side setback at project boundary: 30 feet (except on corner lots where 50 feet shall be provided).

         (d)   Minimum rear setback at project boundary: 30 feet.

         (e)   Interior lot setbacks for nonresidential uses shall be as follows.

            1.   Front yard: 35 feet.

            2.   Side yard: 15 feet (an additional ten feet shall be required if the side yard abuts a street corner).

            3.   Rear yard: 35 feet.

         (f)   Minimum project lot width (as measured at required front yard setback): 100 feet. In no case shall the front lot width at the street right-of-way line be less than 50 feet.

         (g)   Maximum building height. The maximum building height shall be based on the distance the principal structure is from a principal residential structure within the PUD or the lot line separating the PUD district from a residential (R) zoning district, except R-A.

 

 

         (h)   Off-street parking and loading areas shall conform to all minimum requirements for each use as set forth in article VII of this chapter. Parking lot landscaping shall be in accordance with section 17-146. Off-street parking areas shall be separated from interior streets within the project. No designated parking spaces shall be located on or along an interior street. These requirements may be waived by the Planning Commission or City Council where the developer is attempting to create a traditional pedestrian-oriented neighborhood. All off-street loading areas (for loading and unloading of goods) shall be located in the rear of buildings except that such areas may be located on the sides of buildings when screened from view from the front of such building(s).

         (i)   Streets within the development shall be designed and constructed to carry vehicular traffic from public streets to parking or service areas within the development. All streets (except those which access residential dwellings only) shall, at a minimum, meet the following requirements:

            1.   Minimum pavement widths (back of curb to back of curb); local access street: 28 feet; collector street: 33 feet.

            2.   The edge of pavement of any private street shall be no closer than 40 feet to any building except that a street may be located within 20 feet of an accessory building, provided that this requirement shall not apply to passenger and goods loading and unloading drives and facilities.

            3.   All streets and parking areas shall be paved and bordered in accordance with the city's curb and gutter standards. Storm drainage shall be installed in accordance with all applicable local and state standards.

         (j)   Except for pedestrian walkways and pedestrian courts and paved facilities specifically designed and designated for passenger or goods loading and unloading, no paved facilities (street, drives, or parking areas) shall be located closer than 20 feet from the front or rear of any building and ten feet from the side of any building.

         (k)   Off-street parking areas and all internal streets shall provide safe and convenient access for emergency service and refuse collection vehicles and service and delivery vehicles.

         (l)   The front entrance to any principal building shall not directly face the designated goods loading area of any other principal building, unless there is a separation of at least 150 feet between said building and sufficient landscaping equal to a minimum level 2 screen between said loading area and the front entrance of the opposite building. This separation distance may be reduced to 100 feet if a level 3 screen is provided.

         (m)   No two principal buildings shall be located closer to each other than the greater of:

            1.   70 feet; or

            2.   A distance equal to the height of the taller structure.

      (7)   Screening per sections 17-144 and 17-145 shall be required at the following locations:

         (a)   Within the project, along the boundaries between areas planned for nonresidential uses and areas planned for residential uses. A level 1 screen, as a minimum, shall be provided between an office and/or institutional use and residential use; a level 2 screen, as a minimum, shall be provided to separate a commercial/retail use from a residential use; and a level 3 screen, as a minimum, shall be provided to separate an industrial use from a residential use. Such screening shall be located on the nonresidential side of such boundary. Accessory recreational uses designed for use by the residents of the development shall not be required to provide such screening.

         (b)   Screening at the external boundaries of the PUD also shall be required. If the residential portion of the PUD borders an office (O) zone, screening in the form of a level 1 screen, as a minimum, shall be provided. If the residential portion of the PUD borders a commercial (C) zone, screening in the form of a level 2 screen, as a minimum, shall be provided. If the residential portion of the PUD abuts:

            1.   An industrial use;

            2.   A use only allowed in the R-A and/or I zoning districts; or

            3.   A R-A or industrial (I) zone, screening in the form of a level 3 screen, as a minimum, shall be provided. All such required screening shall be located within the boundaries of the PUD.

         (c)   If a multi-family or attached single-family development within a PUD lies adjacent to or directly across the street from a single-family housing area within the PUD, a level 1-A screen, as a minimum, shall be provided between such uses. Such screening shall be located on the multi-family portion of the PUD.

   A traditional neighborhood development (TND) is a type of planned unit development (PUD); provided however, if it contains only residential land uses (and other nonresidential uses typically allowed by right in the applicable residential district) it may be deemed a type of planned residential development (PRD). Most TND's will require a rezoning to the PUD-CZ district. A TND that can meet the requirements for PRD within the applicable zoning district may be approved as a PRD by the special use permit process (no rezoning required). All other TND's will require rezoning to the PUD-CZ district.

   A traditional neighborhood development is a development that substantially meets the guiding principles of traditional neighborhood development design as set forth in this section.

   (A)   Purpose and intent. The purpose and intent of this section is to set forth guiding principles for traditional neighborhood development design and to allow relief to some of the PRD/PUD standards in §§ 153.047 and 153.048 for TND's when such developments are found to substantially meet the guiding principles of this section.

   (B)   Guiding principles. For organizational purposes, the guiding principles have been divided into six categories; however, most principles relate to multiple categories. A TND must substantially meet these principles. Where the development application does not meet a principle, the applicant shall submit justification therefor, unless the principle is described as optional. The guiding principles are as follows:

      (1)   The principles of the public realm.

         (a)   The central element of traditional neighborhood design is the emphasis and weight given to the public realm (the streets and plazas, and the public open spaces such as parks, playgrounds, greens, and natural areas, together with semi-public spaces which frame the public realm and provide transition between public and entirely private spaces).

         (b)   TND's feature well-designed public spaces, special emphasis on public and cultural buildings, and special design treatment for vista terminations.

         (c)   A sense of enclosure is maintained along the public street through an appropriate ratio between the height of building fronts and the distance between buildings on opposite sides of the street. Where street frontage consists of single story buildings or open space, street trees can be a substitute for front building walls to maintain this sense of enclosure.

         (d)   Non-residential buildings are set at or very near the sidewalk. In most situations, the same is true for attached housing. Single homes have relatively shallow setbacks, typically one-fourth to one-third the lot width. Encroachments are allowed for porches, steps, bay windows, and balconies.

         (e)   The public realm is appropriately landscaped. Unless good landscape design would otherwise dictate, each street is provided with an orderly regimen of street trees of substantial nursery stock, which will grow quickly to provide a street canopy. Planting strips wide enough to accommodate street trees typically separate sidewalks from street roadways, see division (B)(2)(f).

         (f)   Single-family home lots in TND's are typically smaller and narrower than in conventional subdivisions. A substantial amount of land area savings from reduced lot sizes is dedicated toward common areas.

         (g)   Narrower lots necessitate alternative treatment of certain fixtures that can diminish the aesthetic quality of the public realm. A system of rear access lanes (alleys) can provide garage access at the rear of the lot. This is especially preferred for lots less than 50 feet in width. When built to a 16-foot standard with a 24-foot right-of-way, the alley can also serve as an appropriate location for electric, gas, cable tv, and telephone equipment as well as access for garbage pickup and mail delivery. On lots at least 50 feet wide, alternate, less preferred methods of garage access include (in descending order of preference):

            1.   Front driveway accessing a garage behind the house or near the back of the lot;

            2.   Turning the garage so that it does not face the front (provided the garage is set behind the front building line);

            3.   Setting the garage at least 20 feet behind the front of the house; or

            4.   Providing special architectural treatment to the house to visually de-emphasize a garage at the front.

Where alleys are not available, other measures are taken to hide unsightly utility equipment; however, fire hydrants are always located on the fronting street, ideally situated on planting strip bulb-outs at intersections.

         (h)   TND's are designed so that there are linkages between the private realm and the public realm while protecting private spaces. Single homes have front porches large enough for sitting (six to eight feet minimum depth), and attached dwellings typically have sitting porches or front stoops. Guidelines to allow for low front picket fences are often provided. Always for single homes served by alleys, and where feasible and designed appropriately for town homes, private spaces are protected at the rear using privacy devices according to the development guidelines. The bottom floor of any dwelling whose sidewalk facing wall is within five feet of such sidewalk should be elevated sufficiently above the sidewalk to provide additional privacy inside the dwelling.

         (i)   TND's are designed to feature vista terminations at multiple locations. Vistas can terminate to important buildings, parks and greens, civic features in the town center, a carefully sited dwelling, a curve in the road, natural green edge, distant objects and scenery, and other features as appropriate. Entry into the community usually uses an important vista termination to provide a sense of place arrival.

         (j)   Utility wiring is underground and decorative street lighting fixtures are typically provided. Exceptions are provided for industrial areas.

      (2)   The principles of the transportation system.

         (a)   TND's always have a connecting web of streets, typically provided by a grid or modified grid street pattern. The street system is organized in a comprehensible network hierarchy that forms an orderly discernable neighborhood or town structure.

         (b)   Cul-de-sacs are avoided unless natural site or site boundary conditions require them. In such situations, special street design features such as eyebrows and cul-de-sac loops are encouraged instead of standard ball-end cul-de-sacs.

         (c)   Curved as well as straight streets are allowed; however, each must contribute to the connecting web. Where possible, curved streets maintain the same cardinal orientation. Long blocks are to be avoided with an average block being no more than 600 feet in length or 1,800 feet in perimeter.

         (d)   While the "sense of enclosure" described in division (B)(1)(c) above will help to reduce traffic speeds, additional design measures will be needed to slow traffic. Examples of such measures include such features as "bulbing out" the curb line at intersections, traffic circles, streets no wider than necessary to provide adequate access, design for and encouragement of on-street parking, and safe but unconventional street geometrics. The internal streets should be designed to feel safe driving at a speed no more than 25 miles per hour.

         (e)   Typical street widths include: 34 - 38 feet for a main street with marked parking on both sides; 32 - 34 feet for lesser streets with marked parking on both sides); 27 - 29 feet for through streets with marked parking on one side; 24 - 26 feet for standard streets with unmarked parking allowed to stagger from side to side; 20--24 feet for low density local streets with unmarked parking on one side; 20 feet for one-way streets with parking on one side; and 16 feet for public residential alleys (private alleys may be allowed as narrow as 12 feet) with commercial alleys typically being 24 feet. Where possible, streets are encouraged to narrow to 22 - 24 feet at intersections and at mid-block cross walks. Curve radii at intersections are ten feet to 20 feet, depending on street function. Standard vertical curb is preferred, and it is required on all residential streets without driveways (auto access is provided via a rear alley) and all commercial streets.

         (f)   TND's are always walkable communities in the fullest sense. They typically contain sidewalks on both sides of the street and, in addition, may contain a network of off-road walking and bike trails. Pedestrian facilities always meet the three standards of safety, comfort and interest. Sidewalks are well separated from the roadway with planting strips that are planted with indigenous, mostly deciduous shade trees (on commercial streets sidewalks may extend to the curb with street trees planted in grates or other sufficiently sized planting space). Planting strips should be six feet to ten feet wide (eight feet is recommended), but may be reduced to four feet in situations that are both unusual and difficult. Sidewalks are recommended five feet in width on residential streets, wider on commercial streets.

         (g)   TND's always have multiple points of ingress and egress from collector and major roads. The street system should also flow seamlessly to adjoining neighborhoods either existing or future.

         (h)   TND's are never gated.

         (i)   Parking lots should not front along a street. On-street parking is provided throughout the development, and particularly so on streets with commercial buildings and attached housing. Where additional parking is needed, it is provided behind buildings in the interior of the block. The calculation of parking needs for nonresidential uses should always take into consideration available on-street parking and the expected walkable patronage. Parking lots shall include shade trees and no space in a parking lot shall be further than 60 feet from the trunk of a shade tree. Each shade tree shall be planted in a planting area sized and shaped to enable healthy growth, a minimum of 200 square feet. Pedestrian access from interior block parking area is best provided via a mid-block passageway to the street front. This passageway can also be used for other activities such as front entrances for small shops, access to second floor apartments, outdoor dining, outdoor vendors and outdoor display of plants, flowers and other appropriate items for sale.

         (j)   When located on a public transit route a dry, inviting waiting place is provided at the neighborhood center. Where not located on a transit route, the TND should be given consideration for future route expansions when ridership can be expected.

      (3)   The principles of mixed use.

         (a)   TND's almost always contain a mixture of uses and dwelling types. Exceptions may be made for TND's of less than 25 acres and/or one that is within safe, easy walking distance to retail and other neighborhood services.

         (b)   TND's always feature a mixture of residential types. While a mix of single homes and at least one type of attached housing is required in the development, an appropriate and carefully designed blending of single and attached housing within the development is encouraged.

         (c)   TND's offer housing at a variety of affordability levels. Allowing garage apartments and "granny flats" at the rear of single home lots, in accordance with the development's private guidelines (whether rented or not) is encouraged. These innovative (but historically traditional) housing forms help to accommodate family situations and promote income diversity within the TND.

         (d)   Live-work units (shop or office at the street level and residence at the second level), apartments over businesses, and covenant provisions for zero-impact customary home occupations are encouraged.

         (e)   In traditional communities the denser housing and live-work units are typically located closer to the town center with a transition outward to less dense housing such as single homes. This principle should not be construed to discourage the careful blending of housing types as this transition occurs.

         (f)   Schools and churches are encouraged within the TND as is the provision of pedestrian and bicycle routes to connect to such facilities inside or outside the TND. It is, however, recognized that school location will, in most cases, not be possible unless the public school system considers smaller site standards.

         (g)   Where buildings are on both sides of the street, similar building types should face each other when possible. Single house, townhouse, live-work unit, apartment building and store building are examples of building types.

         (h)   TND's are expected to provide some on-site and/or adjacent to site employment opportunities. This can include employment in the services and stores within the TND, live-work units (the owners dwelling over his/her shop or office), or larger employment centers such as office buildings and light industry. Industry should be located along a major road at the outer edge of the TND, where direct major road access is provided for trucks and workers who live elsewhere. Also, appropriate transition (and pedestrian access) must be designed between the industry and the neighborhood. Industrial buildings and their sites should include features sympathetic to traditional design principles, along with landscaped and natural areas used to create transition to the rest of the TND.

      (4)   The architectural principles.

         (a)   The architecture should respond to the surrounding fabric of buildings and spaces and to local traditions. The principle that structures should be seamlessly linked to their surroundings (within the TND) transcends the issue of style.

         (b)   Each building always exhibits principles of human and pedestrian scale and contributes appropriately to the pedestrian life of the street.

         (c)   Architecture within the development should reflect styles that are complimentary of each other. Private development controls assure a variety styles or sub-styles which serve to compliment each other while providing for overall consistency and reflection of the principles of traditional neighborhood design.

         (d)   Affordability variations between housing types and choices do not translate into meaningful inferior architectural treatment of lower cost housing choices, as such housing relates to the public realm.

         (e)   Commercial buildings typically take on a "shop front" type appearance, joined by common walls, set with the front and entrance at the sidewalk along the street, and are typically two or more stories high (other uses such as residential and offices may occupy upper floors). Commercial buildings should not face intersecting streets with blank walls.

         (f)   Residential buildings, other than bungalows and patio homes, should be at least two stories tall.

         (g)   Except to more accurately portray pre-1940 architectural styles, buildings should employ relatively flat fronts and simple roofs. (Note: This principle shall not be construed to require Pre-1940 architectural styles). Building articulations and setback encroachments for porches, stoops, steps, bay windows, balconies and other such features that form the transition between the public and private realms are encouraged.

         (h)   Corner-lot homes should face their front door to the larger street (unless said street is a thoroughfare), except for an end-unit townhouse or row house, which may turn the corner with its front (unless the side street is an alley). Fronting a townhouse on both the primary street and the intersecting street with two doors and/or wrap-around porch is encouraged.

      (5)   The principles of the neighborhood center.

         (a)   TND's have at least one defined center. Neighborhood centers typically feature uses such as shops and services, live-work units, attached dwellings, apartments over businesses, a formal open space such as a village square or green, and public/civic buildings (church, community building/center, and post office are examples).

         (b)   Automobile oriented uses are typically not found in a neighborhood center and drive-thru facilities are strongly discouraged; an exception may be made for a bank abutting a thoroughfare.

         (c)   A public gathering space such as a plaza, green or square is almost always present along with one or more focal features in or near this public space such as a clock tower, fountain, monument, bandstand and/or public art which serve to terminate vistas and define the community.

         (d)   The TND center is ideally located near the geographic center of the development; however, it may also identify itself jointly with a thoroughfare bordering the TND (and therefore, be located near this major road or be linked to this road with an entrance street) in order that businesses within the center may more easily attract patrons from outside the development. This can serve to improve chances for economic success of the TND center. Ideally, the neighborhood center is no farther than one- quarter mile radius of most dwellings; however, a neighborhood center that is within 2,400 feet of 80% of the dwellings in the TND is acceptable in order to allow the center to identify itself jointly with an adjoining thoroughfare.

         (e)   Development form in the center typically reflects the traditional "main street" or "town square" vernacular of the region as described in division (B)(4)(e) above and parking is provided in accordance with division (B)(2)(c) above.

         (f)   Other civic uses are encouraged, including schools and day care centers; however, such uses should take on design features and lot sizes sympathetic to traditional principles and a walkable community. Office employment may occur at the TND center or along major roads adjoining the TND. Light industrial employment, if present, is more appropriately located along a major road boundary in accordance with division (B)(3)(c) above.

         (g)   At least one site should be reserved at or near the neighborhood center, for an important community or civic building such as a community center, church, school, amenity center (club house and recreation facility) or community hall. The site should be prominent and special.

      (6)   The principles of open space and natural site characteristics.

         (a)   A substantial amount of land savings generated by a more compact development form is converted to common open spaces.

         (b)   TND's always have formal public open spaces such as greens, village squares, parks and playgrounds. They may also have substantial amounts of natural or semi-natural open spaces that typically feature more informal amenities such as walking/bicycling trails and picnic areas.

         (c)   There is always a significant civic space such as a town square, green, commons, or plaza at the neighborhood center.

         (d)   Small parks are distributed throughout the development, usually within 1,000 feet of any dwelling.

         (e)   Pre-existing or natural water features should be retained and made a community asset.

         (f)   The site should be designed in a manner that preserves specimen trees and significant groups of mature deciduous trees. Major tree stands should be incorporated into public open spaces, where possible.

         (g)   The neighborhood design should adapt itself, as much as possible, to the existing topography to minimize the amount of grading necessary to achieve a viable street network.

         (h)   Parks, plazas, and commons should be equipped with proper furnishings and shade trees to encourage outdoor sitting, human interaction and people watching; while some common areas should be grassed and left open (except for street trees) to encourage the types of leisure/recreational activities that require open areas.

   (C)   Relief (or establishment of greater standards) to certain PRD/PUD requirements. In order that TND's may meet the principles set forth in this section the following provisions of §§ 153.047 and 153.048 are hereby modified for developments which are found to substantially meet the guiding principles of TND.

      (1)   § 153.047(B)(4), (5) and (6), for TND's minimum setbacks, shall be the same as for transitional infill developments (TIDs). Allowed encroachments into rear setbacks along the project boundary include accessory buildings (including accessory dwellings) up to ten feet (20 feet for two stories) from project boundary; utility equipment; alleys up to eight feet provided an evergreen tree planting strip is provided if the alley is not used by development outside the project boundary; fences and walls; and uses allowed to encroach according to section 17-132. Where commercial uses within the TND adjoin single family areas outside the TND, the planning commission may require additional setbacks, not to exceeding a cumulative total of 50 feet.

      (2)   § 153.047(B)(11), TND's shall meet the same requirement as a TID. Parking spaces inside garages are counted.

      (3)   § 153.047(B)(13), except for rear access alleys, driveways and parking drives/aisles, private streets are not allowed in TND's.

      (4)   § 153.047(B)(15), minimum screening requirements, do not apply to TND's; provided, however, the planning commission may require screening in any situation along the boundary of a TND or inside a TND as a condition for approval wherever it deems appropriate for the protection of adjoining properties or to establish necessary transition. As a general rule, following of the best TND design principles should negate the need for screening, and screening should not be allowed to substitute for poor design or the lack of adequate design transition between less compatible buildings or uses.

      (5)   § 153.047(B(18), sidewalk requirement, is replaced for TND's with the applicable provisions of division (B) above.

      (6)   § 153.047(B)(19), other requirements, is replaced for TNDs with the applicable provisions of division (B) above.

      (7)   § 153.047(B)(20), multi-phased projects, is replaced for TND's with a general requirement that TND's be built in approximate proportions to the overall percentages of dwelling types shown on the overall site plan; provided however, lower density housing may be built at any faster rate than higher density housing. The initiation of commercial phases shall follow at any time after the initiation of construction of at least 10% of single homes.

      (8)   § 153.048(A) is modified for TND's to be the purpose and intent of this section.

      (9)   Reserved.

      (10)   § 153.048(B)(1)(a) does not apply to TND's because a TND always contains dwellings.

      (11)   § 153.048(B)(2)(b) does not apply to TND's.

      (12)   § 153.048(B)(5), requirements are replaced for TND's by divisions (C)(1) through (8) above.

      (13)   § 153.048(B)(6)(b), shall be modified for TND's as set forth in division (C)(1) above for residential buildings. Nonresidential buildings shall observe setbacks of 30 feet minimum along any external project boundary that is not a street and ten feet where a street right-of-way is the external boundary. Where commercial uses within the TND adjoin single-family areas outside the TND, the planning commission may require additional setbacks, not to exceed a cumulative total of 50 feet.

      (14)   § 153.048(B)(6)(c), (d), see division (C)(13) above.

      (15)   § 153.048(B)(6)(e) does not apply to TND's.

      (16)   § 153.048(B)(6)(h) through (l) are replaced for TND's with the applicable provisions of division (B) above.

      (17)   § 153.048(B)(7) is replaced for TND's with the applicable provisions of division (B) above and the principles set forth in division (C)(4) above.

   (D)   Traditional neighborhood developments shall follow the same procedures for approval through the special use permit process or through rezoning to the PUD-CZ District as set forth in § 153.050 with the following exceptions.

      (1)   The following additional requirements will be required in the site plan submission:

         (a)   Typical building front elevations representing the various building types proposed within the development shall be submitted for approval.

         (b)   Cross-section drawings of typical street areas from building profile to opposing building profile. A typical profile for each building type is needed; for example: town center, single-family street, town home or row house street, and apartment street.

         (c)   A copy of draft or model private building and lot design controls proposed for the TND shall be submitted for approval. This document will be referenced in the approval action. Actual final design controls to be used can be approved in the formal plan submission.

      (2)   In approving a CUP or PUD-CUD for a traditional neighborhood development, the Planning Commission or City Council shall find, in addition to findings set forth in section 17-266 or 17-297, that the proposed TND substantially meets the guiding principles for TND's as set forth in this section.

   Planned residential developments (PRD's) and planned unit developments may be allowed as a special use in certain zones. Rezoning property to a PUD district shall occur only under the conditional zoning process

      (1)   The existing and proposed uses of land within the planned development including the number of residential dwelling units and approximate square footage of nonresidential structures, and the existing uses of land adjoining the development;

      (2)   General locations of existing natural features of the site such as wooded areas, water features, and significant topographic features;

      (3)   The proposed street layout with approximate pavement and right-of-way width. This also shall include proposed traffic circulation plans and proposed ingress and egress on to adjacent streets;

      (4)   Existing property lines and approximate (sketch) locations of proposed property lines within the development showing all proposed lots or other divisions of land;

      (5)   Sketch conceptual building locations;

      (6)   The name, if any, of the proposed development; and

      (7)   Streets and lots of adjacent developed or platted properties.

   (B)   Reserved.

   (C)   Formal plan submission. Following approval of the SUP or the PUD the applicant may submit his development plan to the City Engineer and the Zoning Administrator.

      (1)   The formal application shall contain all of the information set forth in division (A) above (for and in addition shall contain or be accompanied by the following information:

         (a)   The names, addresses and telephone numbers of all owners, mortgagees, registered land surveyors, land planners, architects, landscape architects, and professional engineers responsible for the planned development;

         (b)   The registration numbers and seals of the professional engineers or land surveyors;

         (c)   Locations of proposed property lines and proposed divisions of land within the development;

         (d)   For all proposed public streets and private streets within or adjoining the development the following information shall be shown:

            1.    Rights-of-way locations and dimensions;

            2.   Pavement widths;

            3.    Approximate grades;

            4.   Design engineering data for all corners and curves;

            5.   Typical street cross sections;

            6.   Road names and whether such roads are to be public or private;

         (e)   The location and dimensions of existing and proposed utilities;

         (f)   Location of any proposed recreation areas or facilities and other areas designated as, and meeting the requirement of, "improved common open space";

         (g)   The future users and ownership (dedication or reservation for public use to a governmental body, to a duly constituted homeowner's association, or remaining in ownership by the developer) of recreation and open space lands;

         (h)   Location and proposed use of any existing wooded areas within the development site;

         (i)   Existing and proposed topography at minimum five-foot elevation intervals;

         (j)   Marshes, swamps, rock outcrops, floodplain, ponds or lakes, streams or stream beds and any other natural features within or affecting the site;

         (k)   The name and location of any site or buildings within the proposed development or within any contiguous property that is listed on the U.S. Department of Interior's National Register of Historic Places, or designated as a Local Historic Property by Gaston County; and

         (l)   An erosion and sediment control plan, when required by state or local codes.

      (2)   Review and approval processes for development plans for PRD's and PUD's shall be as provided in chapter 18, subdivisions, of the Code of Ordinances and/or section 17-401, site plan review requirements of the zoning ordinance.

      (3)   The Planning Commission or City Council shall have the authority to approve the entire PRD or PUD, or portions thereof, so long as aggregate density of development of the approved portions does not exceed that which is allowed.

      (4)   The Planning Commission and/or City Council shall have the authority to review and approve the PRD/PUD simultaneously with any needed subdivision ordinance review.

   (A)   Auto Service Stations located within Shopping Centers must meet the following criteria for approval: auto service/ stations are within shopping centers are permitted to sell tires, tubes, gasoline, oil and other lubricants, motor and tire accessories and similar products; permitting the storage of tires, tubes, accessories and similar products and permitting minor repair work limited to the following:

      (1)   Servicing of spark plugs, batteries and distributors and distributor parts.

      (2)   Tire servicing and repair, but not recapping or regrooving.

      (3)   Replacement of mufflers and tail pipes, water hose, fan belts broke fluid, light bulbs, fuses, floor mats seat belts, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like.

      (4)   Radiator cleaning and flushing.

      (5)   Providing and repairing fuel pumps, oil pumps and lines.

      (6)   Minor servicing and repair of carburetors.

      (7)   Emergency wiring repairs.

      (8)   Adjusting and repairing brakes.

      (9)   Minor motor adjustments not involving removal of the head or crankcase or racing the motor.

         (a)   All of the aforesaid minor repair work, but excluding the normal servicing of automobiles, must take place within an enclosed structure on the premises.

         (b)   1.   The auto service station shall be designed as an integral part of the shopping center.

            2.   The Board of Aldermen may refuse to permit an auto service station to be erected in a proposed shopping center on the grounds that it fails to provide unity of development with other business uses in the same zone or that it fails to adequately protect residential uses in adjacent zones from the adverse effects of a business operation, or that the proposal fails to provide safe conditions for pedestrians and motorists, or that the plan fails to conform with the requirements of this chapter; but not on the grounds that architectural designs or building materials are esthetically unsatisfactory.

   (B)   Electronic gaming operation(s) must meet the following criteria for approval:

      (1)   That such uses provide, at minimum, off-street parking consistent with off-street parking requirements, § 153.042(J), Other Business or Service Uses, and requiring one parking space for each 200 square feet of gross floor area.

      (2)   That no electronic gaming operation be located within 500 linear feet of the property line of any church/house of worship or any public or private elementary, middle, or high school, library, public park or playground, day care center, or residential-zoned district.

      (3)   That no two electronic gaming operations be located within 1,000 linear feet of each other.

      (4)   That no electronic gaming operation have more than 25 total electronic gaming machines or terminals.

      (5)   That electronic gaming operations shall apply for and obtain a business registration from the Town to operate, and have fully paid, up-to-date, all required fees as prescribed by the Town of Dallas.

      (6)   That electronic gaming operations shall be further regulated by Chapter 113: Game Rooms of the Dallas Code of Ordinances.

      (7)   That during hours of operations, electronic gaming operations shall be open for direct, unobstructed access by all safety and enforcement personnel, and that all exit doors shall remain unlocked while patrons are on the premises.

      (8)   No one under the age of 18 be allowed within the premises of an electronic gaming operation.

   (D)   Promotional Activities must meet the following criteria for approval:

      (1)   Be sponsored by or for trade or professions associations, or for civic, religious, charitable or eleemosynary groups.

      (2)   No gaming, gambling, or similar (related) activities are permitted to be conducted as part of or accessory to the temporary use.

      (3)   No temporary permitted use shall be permitted for a period of time exceeding ten consecutive days.

      (4)   No temporary use shall begin until 9:00 a.m. and shall not extend beyond 12:00 midnight.

      (5)   No permit for a temporary permitted use shall be granted by the Zoning Officer until permission therefore has first been granted by the Board of Aldermen.

      (6)   No temporary permitted use shall be located within 400 feet of a residential use.

   (E)   Public or private golf courses, non-commercial swimming or tennis clubs, and country clubs subject to the following requirements: buildings, tennis courts and swimming pools shall be located at least 20 feet from any exterior lot line, on a site containing three acres or more.

   (F)   Temporary uses including a building or trailers, both residential and commercial, are only permitted in conjunction with authorized construction; and are subject to the following conditions:

      (1)   No living quarters are provided in such building or trailer;

      (2)   The construction shall commence prior to or simultaneously with the temporary use; and

      (3)   A permit for such use must be secured from the Building Inspector who may not issue a permit for a longer period than six months at any one location without an order from town Planning Board.

      (4)   Classroom trailers designed to be utilized by a public school provided a permit for such use is secured from the Building Inspector who may not issue such permit for a longer period than 12 months at any one location without an order from the town Planning Board.

   (G)   Artisanal and small scale manufacturing; micromanufacturing uses within the Central Business Perimeter Zoning District shall be subject to the following regulations.

         (b)   For artisanal uses, outdoor sales may be allowed when permitted with an approved temporary use permit following § 153.050(D).

(Ord. passed 9-10-2019; Am. Ord. passed - -; Am. Ord. 12-13-2022)