The district development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards of this Ordinance establish lot sizes and certain restrictions for all residential and nonresidential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. These standards allow for variety in housing and building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. types while striving to maintain the overall character of neighborhoods and commercial areas of Durham. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards established in this Ordinance are based on Durham’s planning tiers as established in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services.. Standards in this section are specific to each district and are above and beyond the general standards for all districts enumerated in Article 7, Design Standards, through Article 13, Additional Requirements for Subdivisions. Separate standards are established to regulate residential and nonresidential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in each tier and for certain nonresidential districts. This approach to district and tier development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards implements the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. and has several public benefits:

A. It allows for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that is more sensitive to the environment and allows for the preservation of open and natural areas.

B. It promotes quality site layout and energy-efficient development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

C. It promotes affordable and life-cycle housing.

D. It promotes development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. intensities that match existing and proposed infrastructure investments.

E. It promotes infill development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that is consistent in character and scale with established neighborhoods.

F. It promotes compact land development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that supports alternate transportation, such as bicycling, walking, mass transit.

G. It promotes market-based development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. decisions while protecting shared public interests.

The district intensity standards set forth in this Article provide for flexible development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tools in each planning tier, as shown below. For the Downtown Tier and certain Compact Neighborhood Tiers, refer to Article 16, Design Districts.

A. Dimensional Standards

1. All residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the RR District shall meet the standards in the table below.

2. Within a conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.:

a. The minimum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be eight feet.

b. No minimum side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall apply; however, a minimum building separation The required separation between primary buildings. of 10 feet shall apply.

c. Rear yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be those indicated for conventional subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. in the table in paragraph 6.2.1A.1 above.

d. Minimum lot areas The total area within the lot lines of a platted lot. for conservation subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be approved by the County Health Department for individual wastewater treatment systems. Where public or community wastewater systems are approved to serve the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., no minimum lot size or width shall apply.

3. Additional height is permitted for non-farm structures at a rate of one additional story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. for every ten feet of additional setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. provided. In no event shall the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. be more than 45 feet in height.

B. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Rural Villages An area delineated on the Future Land Use Map, within the Rural Tier, that can include residential, commercial, office, institutional, and open space/recreation land uses. of Bahama and Rougemont as designated in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. can use the Suburban Tier dimensional standards subject to Sec. 8.4, Floodplain and Flood Damage Protection Standards, and Sec. 8.7, Watershed Protection Overlay Standards, and the availability of water and wastewater treatment systems.

C. Accessory Structure Requirements (Not Applicable to Bona Fide Farms in the County)

1. In addition to the accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. requirements set forth in Sec. 5.4, Accessory Uses and Standards, the following accessory structures shall maintain a minimum 50-foot setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. from all property lines:

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

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

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

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

Only single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached houses, as described in paragraph 7.1.2, Purpose, and manufactured homes shall be permitted. For conservation subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. in the Suburban Tier, single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing., duplex, townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls., and detached rowhouse housing types are allowed.

Residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall not exceed the maximum densities The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. set forth in paragraph 6.2.1A, Dimensional Standards.

A. Purpose

The conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. standards are established for the following purposes:

1. To provide flexibility of design in order to promote environmentally sensitive and efficient uses of the land;

2. To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies., streams A body of concentrated flowing water in a natural low area or natural channel on the land surface., steep slopes, woodlands and wildlife habitat;

3. To preserve important historic and archaeological sites;

4. To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., necessary for residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.;

5. To reduce erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. by minimizing land disturbance and removal of vegetation in residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.;

6. To promote interconnected greenways and corridors throughout the community;

7. To promote contiguous green space with adjacent Property abutting directly on the boundary of, touching, or sharing a common point. jurisdictions;

8. To encourage interaction in the community by clustering houses and orienting The directional placement of a structure or element in relation to its surroundings, the street and other structures. them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood;

9. To promote construction of landscaped walking trails and bike paths conveniently located both within the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. and connected to neighboring communities, businesses and facilities to reduce reliance on automobiles;

10. To conserve scenic views from public roadways and reduce perceived density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance.; and

11. To protect prime agricultural land and preserve farming Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings. as an economic activity.

B. Applicability of Regulations

1. This conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. option is available as a use by right subject to subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. approval in accordance with Sec. 3.6, Subdivision Review; and in accordance with the standards set forth in paragraph 6.2.4H, Primary and Secondary Conservation Areas.

2. As required under Sec. 3.6, Subdivision Review, a conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall conform to the requirements of this Ordinance, including Article 8, Environmental Protection, and other development-related ordinances; except that the requirements of this section shall supersede any conflicting ordinance provisions.

3. In the County jurisdiction, spray irrigation for the treatment of wastewater within a conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall require a major special use permit under Sec. 3.9, Special Use Permit, unless the area to be irrigated is a primary conservation area that is farmland or agricultural land. This requirement shall also apply within the City jurisdiction unless the system has been approved by the State.

C. Ownership of Development Site

The tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. according to a single plan with common authority and common responsibility.

D. Density Calculation

Maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in a conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be determined by multiplying the gross area of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land, including all areas typically excluded from density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. calculations in Article 8, Environmental Protection, by the maximum gross density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. for the site as defined in subsection 6.2.1A, Dimensional Standards.

E. Mass Grading

Mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. is allowed in conservation subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. that receive public water/sewer service or use community wastewater treatment facilities or package treatment plants. It is prohibited in all other conservation subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets..

F. Open Space Requirements

1. Relationship to other open space requirements

Except for paragraph 7.2.5, Ownership and Management of Open Space, the requirements of Sec. 7.2, Open Space, do not apply to conservation subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets..

2. Amount of open space

The amount of open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. shall be 50% of total gross area as required under Sec. 6.2, Residential Rural (RR) Development Intensity, and shall be apportioned as set forth below in paragraph G, Primary and Secondary Conservation Areas and Other Open Space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction..

3. Ownership

Open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. shall be held in common ownership or dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. to the public or a land trust or similar conservation-oriented non-profit organization rather than platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. as part of individual private lots, and shall be subject to the requirements of paragraph 7.2.5, Ownership and Management of Open Space.

4. Notwithstanding the above requirements, area within required riparian buffers can be used to satisfy any open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirement.

G. Application Requirements

1. Submittal Requirements

In addition to all subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. application materials required in accordance with Sec. 3.6, Subdivision Review, the applicant shall submit a site analysis map. The complete site analysis map shall first be presented for discussion at the pre-application conference required under paragraph 3.2.2, Pre-Application Conference.

2. Site Analysis Map

The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. will meet the requirements of this section. The site analysis map shall include the following features:

a. Property boundaries;

b. All streams A body of concentrated flowing water in a natural low area or natural channel on the land surface., rivers, lakes, wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. and other hydrologic features;

c. Topographic contours of no less than 10-foot intervals unless a more precise vertical scale is available;

d. All primary and secondary conservation areas labeled by type (see paragraph H. below);

e. General vegetation characteristics;

f. General soil types and areas suitable for installation of on-site wastewater treatment systems;

g. The planned location of protected open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction.;

h. Existing roads See “Street, Public” and “Street, Private.” and structures; and

i. Potential connections with existing open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. and trails.

H. Primary and Secondary Conservation Areas and Other Open Space

1. Primary Conservation Areas

At least 80% of the required open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. in a conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall consist of primary conservation areas.

Commentary:  Because 50% of the total gross area in a conservation subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. must be open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. under paragraph 6.2.1, Development Standards, 40% of the total gross area must be primary conservation areas.

The following are considered primary conservation areas and shall be included within the required open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. in the order of preference listed below. Secondary conservation areas and other open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. can be included only after primary conservation areas comprise 80% of required open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction..

a. Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas;

b. Riparian buffers along all perennial and intermittent streams A body of concentrated flowing water in a natural low area or natural channel on the land surface.;

c. Wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. protected by the Army Corps of Engineers or the North Carolina Department of Environmental Quality and any provided or required buffers;

d. Lakes, ponds, and other water bodies, excluding created stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management facilities;

e. Areas at least 5,000 contiguous square feet in size with any natural slopes greater than 25%;

f. Existing forests (meeting the standards in paragraph 8.3.1D, Preserved Tree Coverage, except any that conflict with the provisions of this section), at least one contiguous acre in size, in which healthy hardwood trees at least 10 inches in diameter at breast height comprise at least 50% of the area;

g. Wildlife corridors, wildlife habitats, and other sites identified in the Durham County Inventory See "Durham Inventory" of Important Natural Areas, Plants and Wildlife (Inventory See "Durham Inventory") or adopted plans;

h. Greenways, rail trails, and other open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. identified in adopted plans;

i. Historic sites or structures currently designated in, or eligible for, the National Register of Historic Places;

j. Sites identified in the Durham Architectural and Historic Inventory See "Durham Inventory";

k. Sites identified in the Durham County Archaeological Inventory See "Durham Inventory" and other identified archeological sites, including cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains. and burial grounds;

l. Sites at least five contiguous acres in size identified by the City, County, State, or federal government as farmland or agricultural land that is prime, unique, or of statewide or local importance; and

m. Viewsheds from designated federal and North Carolina Scenic Byways.

2. Secondary Conservation Areas

The following are considered secondary conservation areas and shall be included within the required open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. in the order of preference listed below if additional space is still required after all primary conservation areas have been included:

a. Existing forests (meeting the standards in paragraph 8.3.1D, Preserved Tree Coverage, except any that conflict with the provisions of this section), at least 12,000 contiguous square feet in size, in which healthy hardwood trees at least 10 inches in diameter at breast height comprise at least 50% of the area;

b. Areas with any natural slope greater than 20%, unless identified as primary conservation areas;

c. Buffers in excess of Ordinance requirements around any primary conservation area;

d. Individual existing healthy trees greater than 18 inches in diameter at breast height; and

e. New or existing improved pedestrian trails that are not identified as primary conservation areas or located in other conservation areas and that do not negatively impact other conservation areas. Such trails can be located in utility easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. only if all utilities in the easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. are buried, and in such cases only the improved trails, and not the easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., shall be considered secondary conservation areas.

3. Other Open Space

The following areas can be included within the required open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. if additional space is still required after all primary and secondary conservation areas have been included:

a. Any land used for agricultural purposes that is not a primary conservation area;

b. Naturally vegetated areas, or areas re-vegetated to appear naturally vegetated, that are not primary or secondary conservation areas;

c. Playing fields surfaced with natural turf;

d. Golf courses An area laid out for playing golf, which can include some or all of the following accessory facilities: clubhouses, putting greens, swimming and tennis facilities, concessions for food and supplies. Driving ranges can also be included, unless specifically excluded by provisions of this Ordinance. This definition does not include Par 3 or miniature golf. identified by the City or County as "green" due to use of best management practices, excluding club houses, parking areas, and other impervious surfaces A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended.;

e. Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management facilities engineered as bioretention areas or wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies., including easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for such facilities, can comprise a maximum of 10% of required open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction..

A. Dimensional Standards

1. All residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the RS Districts shall meet the standards in the table below. For illustrations, lot dimensions, and required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for each housing type, see Sec. 7.1, Housing Types.

2. The maximum residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. does not apply to actions listed under paragraph 3.6.2, Actions Exempt from Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. Requirements (Exempt Plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided.). Where this maximum does apply, density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. can be increased in accordance with paragraph 6.3.3B, RS-M District Major Roadway Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. Bonus, or Sec. 6.6, Affordable Housing Bonus. Other than these options, the maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shown cannot be exceeded even though the use of an alternative housing type may impose smaller lot size requirements.

3. For cluster subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. in the RS-20, RS-10, and RS-8 Districts, the lot size reduction would be added to the minimum open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirement.

4. For both conventional and cluster subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. in the RS-M District open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirements also apply to the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards for apartments.

5. Minimum lot area The total area within the lot lines of a platted lot. for conventional, single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached housing types can be reduced in accordance with paragraph 6.3.3C, Lot Averaging.

6. In the Suburban Tier, additional height in the RS-20, RS-10, and RS-8 Districts is permitted at a rate of one additional story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. for every ten feet of additional setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. provided. In no event shall the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. be more than 45 feet in height.

7. For projects in the RS-M District, the maximum height can be increased up to 5 stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit. In no event shall the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. be more than 60 feet in height.

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

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

1. In addition to the accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. requirements set forth in Sec. 5.4, Accessory Uses and Structures, the following accessory structures shall maintain a minimum 50-foot setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. from all property lines:

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

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

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

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

Residential uses allowed pursuant to Sec. 5.1, Use Table, shall be limited to the housing types permitted in accordance with the following table. For illustrations, lot dimensions, and required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for each housing type, see Sec. 7.1, Housing Types.

A. Maximum Residential Density

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

B. RS-M District Major Roadway Density Bonus

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

1. Parcels See “Lot of record.” maintain at least 500 feet of frontage on a major thoroughfare or boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended. that is not a full or limited control-of-access facility.

2. Parcels See “Lot of record.” maintain at least 500 feet of frontage on a service road See “Street, Public” and “Street, Private.” for a full or limited control-of-access facility, and the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. utilizes the service road See “Street, Public” and “Street, Private.” for at least one access point pursuant to paragraph 12.2.4, External Access Required.

C. Lot Averaging

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

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

2. The average area of all lots in the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. meets or exceeds the minimum lot area The total area within the lot lines of a platted lot.; and

3. The overall density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. does not exceed the maximum permitted residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

Commentary: Some lots in a proposed conventional subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. can be reduced in area by up to 15% (for example, a 10,000 SF lot could be reduced to 8,500 SF), provided that other lots exceed 10,000 SF and the overall average lot area The total area within the lot lines of a platted lot. is 10,000 SF or greater.

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

For single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements in paragraph 6.3.1A, Dimensional Standards, do not apply if the project does not require subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. or site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval.

A. Dimensional Standards

1. All residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the RU Districts shall meet the standards in the table below. For illustrations, lot dimensions, and required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for each housing type, see Sec. 7.1, Housing Types.

2. Maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. can increase in accordance with paragraph 6.4.3, Residential Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance., and/or Sec. 6.6, Affordable Housing Bonus. Other than these options, the maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall not be exceeded even though the use of an alternative housing type may impose smaller lot size requirements.

3. If the project in the RU-M District is on at least a four-acre lot, the maximum height can be increased up to 7 stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. through the issuance of a minor special use permit. In no event shall the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. be more than 80 feet in height.

Residential uses allowed pursuant to Sec. 5.1, Use Table, shall be limited to the housing types permitted in accordance with the following table. For illustrations, lot dimensions, and required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for each housing type, see Sec. 7.1, Housing Types.

A. Major Roadway Density Bonus Area

For projects located adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to streets with a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. over 50 feet in width, the area for the project may be calculated to include that portion of right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. in excess of 50 feet for purposes of determining density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

Sample Calculation:  A project includes recombination of three lots measuring 75 by 100 feet, and lies adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. measuring 80 feet in width.

75 x 100 = 7,500 SF x 3 existing lots = 17,500 SF (standard calculation)

Frontage of 225 feet x 30 feet (in excess of 50-foot ROW) = 6,750 SF Bonus Area

Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. Allocation = 24,250 SF (.56 ac.) multiplied by 7.4 units per acre = 4.1 units (4 lots)

B. Thoroughfare Density Bonus

1. Projects located along major or minor thoroughfares, or boulevards, with rights-of-way greater than 50 feet in width can develop Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as townhouses A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouses, using the dimensional provisions of paragraph 7.1.7, Townhouse, or 7.1.8, Detached Rowhouse, as applicable, so long as the average width of the townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse lots is at least 20 feet. Projects developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. utilizing this option shall meet all of the requirements of Sec. 6.8, Infill Development in Residential Districts, where applicable;

2. Projects located along major thoroughfares or boulevards, with rights-of-way greater than 50 feet in width can develop Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as multiplexes, using the dimensional provisions of paragraph 7.1.9, Multiplex. Projects developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. utilizing this option shall meet all of the requirements of Sec. 6.8, Infill Development in Residential Districts, where applicable.

C. Lot Averaging

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

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

2. The average area of all lots in the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. meets or exceeds the minimum lot area The total area within the lot lines of a platted lot.; and

3. The overall density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. does not exceed the maximum permitted residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

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

For single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements in paragraph 6.4.1A, Dimensional Standards, do not apply if the project does not require subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. or site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval.

A. Dimensional Standards

1. All residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the RC District shall meet the standards in the table below. For illustrations, lot dimensions, and required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for each housing type, see Sec. 7.1, Housing Types.

2. Maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. can be increased in accordance with paragraph 6.5.3, Residential Density, and/or Sec. 6.6, Affordable Housing Bonus.

3. Maximum height shall be limited to the lesser of 4 stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. or 50 feet if the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is within 150 feet of the perimeter of the Compact Neighborhood Tier where the Tier adjoins any property zoned and used for residential purposes. Additional height up to 7 stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. is allowed through approval of a minor special use permit per Sec. 3.9, Special Use Permit. In no event shall the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. be more than 80 feet in height.

Residential uses allowed pursuant to Sec. 5.1, Use Table, shall be limited to the housing types permitted in accordance with the following table. For illustrations, lot dimensions, and required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for each housing type, see Sec. 7.1, Housing Types.

A. Maximum Residential Density

Residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall not exceed the maximum densities The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. as set forth in paragraph 6.5.1A, Dimensional Standards, unless a project provides for vertical integration of uses with at least 65% of the total floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. allocated to residential uses and at least 75% of the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. allocated for nonresidential uses. Projects which meet this requirement may increase their residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. by up to 50%.

B. Lot Averaging

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

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

2. The average area of all lots in the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. meets or exceeds the minimum lot area The total area within the lot lines of a platted lot.; and

3. The overall density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. does not exceed the maximum permitted residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

C. For single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements in paragraph 6.5.1A, Dimensional Standards, do not apply if the project does not require subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. or site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval.

A. The bonus can be utilized at the time of site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. for new projects subject to the additional regulations of this section.

B. All of the affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. shall be located within the overall project boundary.

C. Affordable units shall be incorporated throughout the project, and shall not be distinguishable from market-rate units through location, grouping, unit size, interior finishes, or exterior design.

D. Dimensional Standards

The following reductions are allowed in order to incorporate the additional dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..

1. Lot Dimensions

a. Single-family and Two-family lots in RU-5, RU-5(2), and the Small Lot Option

Minimum lot area The total area within the lot lines of a platted lot. and width requirements can be reduced by a maximum of 20%.

b. All other Residential Development

Minimum lot area The total area within the lot lines of a platted lot. and width requirements can be reduced by a maximum of 35%.

2. Yard Requirements

a. Single-family and Two-family lots in RU-5, RU-5(2), and the Small Lot Option

Minimum yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements can be reduced by a maximum of 20%.

b. All other Residential Development

Minimum yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements can be reduced by a maximum of 35%.

3. Required Compliance with Infill Standards

Regardless of the lot and yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. dimensional allowances above, infill standards per Sec. 6.8, Infill Development in Residential Districts, shall apply to all residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that is applicable under that section.

E. Regardless of the lot and yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. dimensional allowances above, infill standards per Sec. 6.8, Infill Development in Residential Districts, shall apply to all residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that is applicable under that section.

F. In single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and duplex developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., required minimum lot area The total area within the lot lines of a platted lot., lot width The distance between the side lot lines, measured along a straight line parallel to the front property line or parallel to the chord of the front property line at the street yard setback line or at the building line on flag lots or gore shape lots., and yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements can be reduced up to 20% in order to incorporate the additional units.

G. Projects utilizing the affordable housing bonuses shall not be exempt from a traffic impact analysis (TIA) if required pursuant to Sec. 3.3, Traffic Impact Analysis (TIA).

H. Units added through this program shall not increase the amount of open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. otherwise required for the project.

I. Compliance and reporting shall be pursuant to the City’s adopted Affordable Housing Bonus Polices & Procedures, as amended.

J. Compliance measures can be required at the time of approval, including but not limited to contracts, restrictive covenants, deed restrictions, and stipulated penalties.

K. All affordable dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. proposed within the project shall be provided prior to, or concurrently with, any bonus units.

A. Applicable Zoning Districts, Housing Types, and Development Standards

1. CD and CSD Zoning District

Standards for the use of the affordable housing bonus in the CD and CSD districts shall be pursuant to affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonus standards within paragraphs 16.1.3E.2.d and 16.1.3E.3.c, respectively.

2. Other Zoning Districts

a. The bonus, along with the following associated standards, can be utilized in any zoning district that permits multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. residential; and

b. Can utilize only the housing types allowed by the zoning district.

3. Applicable Development Standards

a. In the CD and CSD District, Article 16, Design Districts, shall apply.

b. In all other zoning districts, paragraphs B through F, below, shall apply.

B. Minimum Number of Dwelling Units Required

Only projects with a minimum of 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., or projects adding at least 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. to an existing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., shall be eligible for the affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonuses.

C. Affordability Requirement

1. At least 15% of the total number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. in the project shall be affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. for households earning 60% of AMI or less.

2. Example #1: If 200 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. are proposed, at least 30 of those units shall be affordable to households earning an average of 60% AMI or less.

D. Residential Density

The maximum residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be the greater of the following:

1. Seventy-five dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. per acre; or

2. The permitted density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the zoning district.

E. Height

1. The maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height shall be as follows:

2. Base zoning district maximum height can be used if it exceeds the maximum height allowances, above.

F. Design Standards

Projects must be designed to meet the following standards applicable for the CD-S2 zoning district:

1. Paragraph 16.2.1, Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Placement Standards;

2. Paragraph 16.3.4, Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Access;

3. Paragraph 16.3.6A, Minimum Glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building.;

4. Paragraphs 16.4.2A through 16.4.2C, Sidewalk Standards, Sidewalk Clear Zone, Accessibility;

5. Paragraph 16.4.2D, Required Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. Amenities; and

6. Paragraph 16.1.3B Ground Floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. Residential Uses and Overnight Accommodations.

A. Applicable Zoning Districts

1. The bonus program can be utilized in any zoning district where residences are permitted.

2. The program shall not permit housing types not already permitted within the zoning district.

B. Minimum Number of Units Required

Projects must commit to providing affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. in the amount of at least 15% of the maximum number of units permitted with the base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

Example #2: If the zoning of a five-acre project allows 60 units/acre, then 300 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. are permitted. To qualify for a density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonus, at least 45 of the 300 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. shall qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department..

C. Residential Density

1. For the purpose of calculating the bonus residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. within projects utilizing the affordable housing bonus, the “base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance.” is the maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. allowed in the zoning district prior to applying any potential bonuses, and multiplied by the gross acreage of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land, including all areas typically excluded from density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. calculations in Article 8, Environmental Protection. The resulting number shall be rounded down to the nearest whole number.

2. For each affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. that is constructed, a bonus of two additional dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. can be constructed beyond the base density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

Example #3: The project is in the Urban Tier, and 15% (i.e., 45 units) of the 300 maximum units qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department. affordable. Thus, an additional 90 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. are allowed above the maximum 300 units, totaling 390 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..

D. Height

When the affordable housing bonus is utilized, an additional one story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. or 15 feet of height, whichever is less, shall be allowed.

To encourage innovation in residential subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. design, cluster subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be permitted providing for more efficient layout of lots, streets, and utilities, for the preservation of open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. and recreation areas, and for the protection of unique site features and scenic vistas.

The minimum acreage required for a cluster subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be two acres.

The maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall not exceed the maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. permitted in the base district.

A variety of housing types shall be permitted in a Cluster Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. in accordance with Sec. 7.1, Housing Types.

A. The subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall include the minimum required common open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. as referenced below.

B. Additional Open Space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction.

1. Reductions in lot area The total area within the lot lines of a platted lot. in exchange for equal amounts of common open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. on a one-to-one basis shall be provided in addition to the open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirements referenced in paragraph A above.

2. For duplex lots where the duplex housing type is allowed only in a cluster subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., the lot reduction/additional open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. calculation referenced in paragraph B.1 above shall be based upon the conventional lot size of a detached single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. lot for the zoning district.

3. For the townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse housing type, the required open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. shall be at least 20% of the gross area of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

C. Open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. in a clustered subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be established in accordance with Sec. 7.2, Open Space.

Property on the edge of cluster developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in one or more of the following ways:

A. Set aside as open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. that includes a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with an opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 20%, as set forth in Article 9, Landscaping and Buffering. Projects that are exempted from providing a project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. per paragraph 9.4.1H are exempt from providing the Perimeter Treatment described in paragraph 6.7.6.

B. If an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. is provided along the perimeter with joint access provided to property not part of the subject subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.:

1. Lots adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to, and accessing the alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., can be platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. with cluster subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. dimensional requirements. 

2. The required project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. or a vegetative screening A three-dimensional structure that provides vegetative façades, either freestanding or mounted to a wall. per paragraph 9.7.2C, Evergreen Hedges, whichever is greater, shall be provided along the side adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to properties not part of the subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.. Intrusions into the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. or screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. are allowed to provide access to the alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street..

C. Be platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. as single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential lots as follows:

1. When adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to, or directly across a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. from, property that is not a cluster subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. or is a conventional lot within a cluster subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., then the lot shall be platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. with conventional subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. dimensional requirements.

2. When adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to, or directly across a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. from, property that is a cluster subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., and the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property is open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. or is a lot with reduced dimensional requirements due to clustering provisions of this or previous ordinances, then the lot can be platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. with cluster subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. dimensional requirements.

A. General

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

B. Suburban Tier

1. This section shall apply to any multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. located on a site of less than four acres that is surrounded on all sides by single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

2. This section shall apply to any new project or modification of any existing residential building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. located on a site of less than four acres in a RU District. A residential building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall also include a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. converted to a nonresidential use.

3. Neighborhood-specific modifications to the regulations listed in this section may be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. using the “Neighborhood Protection Overlay (-P)” pursuant to Sec. 4.6, Neighborhood Protection Overlay (-P).

C. Urban Tier

1. This section shall apply to any new project or modification of any existing residential building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. located on a site of less than four acres in a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District.. A residential building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall also include a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. converted to a nonresidential use.

2. Neighborhood-specific modifications to the regulations listed in this section may be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. using the “Neighborhood Protection Overlay (-P)” pursuant to Sec. 4.6, Neighborhood Protection Overlay (-P).

D. Nonresidential Development in Residential Districts

Infill standards shall not apply to the following uses:

1. Outdoor storage areas;

2. Outdoor sales;

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

A. Street Yards

1. Context Area

a. The context area for the required street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of the subject lot shall be the established street yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. (as defined by the distance between the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. on each property and the edge of the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.) on residential lots, including structures converted to nonresidential use, with residential zoning along the same block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street..

For the purposes of this section, all lots on both sides along a cul-de-sac A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided. or other similar street section shall be considered a block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street..

b. Vacant lots shall apply if the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. was demolished after January 1, 2006. GIS maps, demolition documents, and any available surveys shall be used to determine the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of the demolished building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.. If no documentation is available, then the minimum or maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of the zoning district, as applicable, shall be used.

c. Flag lots shall not be used for considering street yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.. For flag lot yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements, see paragraph 6.12.5, Flag Lots.

2. Required Street Yard

a. The required street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be any distance between the smallest and largest street yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. within the context area. However, in no instance shall the smallest street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. be less than five feet.

Example: The subject infill lot (B) and four other lots with residential zoning make up the block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street.. One lot is undeveloped prior to January 1, 2006, and thus shall not be considered. The street yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. along the block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street. of the three other lots are 10 feet (A), 15 feet (C), and 20 feet (D). Therefore, the required street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for the subject lot (B) can be anywhere between 10 feet (the smallest) and 20 feet (the largest).

b. If there are fewer than two lots that qualify within the context area, the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirement shall be that of the base zoning district.

c. For corner lots, one of the two street yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. may be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. using side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. standards.

d. For detached duplexes, only one building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. must have a street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. that meets the infill street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. standards of UDO Section 6.8.2A.2. The other unit may use the infill or base zoning district street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. standards at the applicant’s discretion.

3. Alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. shall not be considered to create a new block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings.. Parcels See “Lot of record.” on the opposite side of an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. shall be considered along the same block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street..

B. Side Yards

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

C. Landscaping

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

A. Building Width

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

B. Building Height

The maximum height of a primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not exceed the height of the lesser of either of the following:

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

2. More than 14 feet taller than the shortest height of primary structures on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. lots along the block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street..

a. If there is not a primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. on an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. lot, the next lot along the block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street. shall be used.

b. If the next lot also lacks a primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., then the height of the vacant adjacent Property abutting directly on the boundary of, touching, or sharing a common point. lot shall be the maximum allowed by the zoning district.

C. Garages and Access

1. Where a lot abuts a publicly improved and maintained alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., all vehicular access shall be taken from the alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street..

2. When a garage entrance faces a street other than an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., a single garage entrance shall be no more than 22 feet in width.

3. The construction material of the garage shall match that of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.. This shall not apply if the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is constructed in accordance with the North Carolina Residential Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code.

D. Downspouts

For sites in the Urban Tier where no other stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls are required, downspouts shall direct stormwater runoff The direct runoff of water resulting from precipitation in any form. over pervious area and not piped to right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

A. Residential

1. A vehicular use area includes all surface area designated or utilized for vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking or vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. access.

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

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

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

c. Not exceed 400 square feet.

B. Nonresidential

1. On-site parking facilities shall not be located in any required street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

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

A. Nonresidential and group living development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. shall comply with the dimensional standards in the following table:

B. Open Space Exemptions

1. Principal uses listed in paragraph 5.2.4F, Parks and Open Areas, and paragraph 5.2.4J, Utilities, are exempt from the open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirements in paragraph 6.9.1A above.

2. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. sites of an acre or less are exempt from the open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirements in the table in paragraph 6.9.1A, above.

3. Recreational open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. pursuant to paragraph 7.2.3A is not required for nonresidential and group living development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District..

C. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Rural Villages An area delineated on the Future Land Use Map, within the Rural Tier, that can include residential, commercial, office, institutional, and open space/recreation land uses. of Bahama and Rougemont as designated in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. can use the Suburban Tier dimensional standards subject to Sec. 8.4, Floodplain and Flood Damage Protection Standards, Sec. 8.7, Watershed Protection Overlay Standards, and the availability of water and wastewater treatment systems.

Where multiple structures are found on a single platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. lot, such structures shall be separated by at least the following distances:

Recreation areas, such as a clubhouse, swimming pool, tennis, volleyball, or basketball court, shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. internally to the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or along major roadways and away from adjacent Property abutting directly on the boundary of, touching, or sharing a common point. residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

A. Rural Tier

All nonresidential and group living development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Rural Tier as designated in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. shall comply with the standards in the table below.

1. Standards for All Districts

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

b. Minimum side yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. in the CN and CG districts can be reduced to 15 feet if adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a nonresidential district or use.

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

d. A development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within the CN District, with new project floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. over 5,000 square feet, no development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., and residential zoning districts adjacent Property abutting directly on the boundary of, touching, or sharing a common point. (including directly across a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.) to two or more property lines requires a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The applicant shall hold a neighborhood meeting pursuant to paragraph 3.2.3, Neighborhood Meeting, unless it previously held one for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. at issue.

B. Suburban Tier

All nonresidential and group living development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Suburban Tier as designated in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. shall comply with the standards in the tables below.

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

a. Side yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. in the OI and CG districts can be reduced by up to 50% if adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a nonresidential district or use, or a railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

b. Rear yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. in the table above can be reduced by up to 50% if adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a nonresidential district or use, or a railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

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

d. A development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within the CN district, with new project floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. over 5,000 square feet, no development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., and residential zoning districts adjacent Property abutting directly on the boundary of, touching, or sharing a common point. (including directly across a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.) to two or more property lines requires a Minor Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit pursuant to Sec. 3.9, Special Use Permit. The applicant shall hold a neighborhood meeting pursuant to paragraph 3.2.3, Neighborhood Meeting, unless it previously held one for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. at issue.

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

a. Within the SRP District:

(1) The street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall only apply to yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to public rights-of-way.

(2) Side and rear yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. can be eliminated if adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a railroad right of way, or can be reduced to 30 feet if adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to permanently protected open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. and the building separation The required separation between primary buildings. is at least 150 feet.

(3) No parking, loading, or storage shall be permitted within the required yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. areas.

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

b. Side yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. in the IL and I districts can be reduced by 10 feet if adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a nonresidential district or use.

c. Rear yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. in the IL and I districts can be reduced by up to 50% if adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

d. Additional Height

(1) IL District

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

(a) Maximum 90 feet with a 50-foot street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

(b) Maximum 120 feet with a 75-foot street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

(c) Over 120 feet to a maximum 145 feet with a 75-foot street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. and issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

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

(3) Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Rural Villages An area delineated on the Future Land Use Map, within the Rural Tier, that can include residential, commercial, office, institutional, and open space/recreation land uses. of Bahama and Rougemont, as designated in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., can use the Suburban Tier dimensional standards subject to Sec. 8.4, Floodplain and Flood Damage Protection Standards, Sec. 8.7, Watershed Protection Overlay Standards, and the availability of water and wastewater treatment systems.

(4) (County Only) SRP-C District

(a) Establishment of the District

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

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

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

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

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

(b) Mix of Uses

The SRP-C District shall consist of a mix of uses from at least three of the following use categories, and pursuant to Sec. 5.1, Use Table: residential, public and civic, commercial, office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., and industrial uses.

(c) Dimensional Standards

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

(i) Minimum street yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. do not apply to rights-of-way internal to the SRP-C District.

(ii) Minimum side and rear yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall only apply when adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to property not zoned SRP or SRP-C.

(iii) No parking, loading or storage shall be permitted within the required yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. areas.

(iv) Buildings with frontage along a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall have a maximum podium The initial level(s) of a building, beginning at ground level, above which the building steps back to greater height. Building podiums can vary from one story to several stories in height. height equal to the width of the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. Additional height is permitted with upper story step-backs The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level., as measured from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. line; where x feet of step-back allows 2x feet of additional height.

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

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

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

(d) Additional Standards

(i) Minimum ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. for building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façades facing rights-of-way shall be 50% for all nonresidential uses and 30% for residential uses.

(ii) Parking decks shall provide openings for each level of the façade facing a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. at a minimum rate of 30% of the façade.

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

C. Urban Tier

All nonresidential and group living development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Urban Tier, as designated in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., shall comply with the standards in the tables below.

1. Standards for the CI District

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

b. Additional height in the CI District, up to 50 feet, is allowed if the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. uses upper story step-backs The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. at a ratio of one to one.

c. Minimum ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. for building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façades facing street frontages The boundary of a property adjacent to one side of a street. shall be 60% for all nonresidential uses and 50% for residential uses.

d. Where the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. line is further from the curb than the maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. line shall be the required maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.; structures shall not be allowed in the public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

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

a. A primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. such that at least one of the following standards is met:

(1) The longest building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade is parallel to and within the maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.; or

(2) The street-facing building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade occupies at least 60% of the total street frontage The boundary of a property adjacent to one side of a street. for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

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

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

d. A development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within the CN District with new project floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. over 5,000 square feet, no development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., and residential zoning districts adjacent Property abutting directly on the boundary of, touching, or sharing a common point. (including directly across a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.) to two or more property lines requires a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The applicant shall hold a neighborhood meeting pursuant to paragraph 3.2.3, Neighborhood Meeting, unless it previously held one for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. at issue.

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

3. Standards for the IL and I Districts

a. In the IL District, a primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. such that at least one of the following standards is met:

(1) The longest building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade is parallel to and within the maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.; or

(2) The street-facing building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade occupies at least 60% of the total street frontage The boundary of a property adjacent to one side of a street. for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

b. Rear yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. can be reduced by up to 50% if adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

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

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

D. Compact Neighborhood Tier

All nonresidential and group living development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Compact Neighborhood Tier, as designated in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., except development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within CD districts, shall comply with the standards in the tables below.

1. Standards for the CI District

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

b. Additional height in the CI District, up to 50 feet, is allowed if the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. uses upper story step-backs The stories above the maximum podium where building façades are set back from podium façades to allow light and air access to street level. at a ratio of one-to-one.

c. Minimum ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. for building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façades facing street frontages The boundary of a property adjacent to one side of a street. shall be 60% for all nonresidential uses and 50% for residential uses.

d. Where the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. line is further from the curb than the maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. line shall be the required maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.; structures shall not be allowed in the public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

2. Standards for the CN and OI Districts

a. A primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. such that at least one of the following standards is met:

(1) The longest building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade is parallel to and within the maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.; or

(2) The street-facing building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade occupies at least 60% of the total street frontage The boundary of a property adjacent to one side of a street. for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

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

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

d. A development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within the CN District with new project floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. over 5,000 square feet, no development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., and residential zoning districts adjacent Property abutting directly on the boundary of, touching, or sharing a common point. (including directly across a public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.) to two or more property lines requires a minor special use permit pursuant to Sec. 3.9, Special Use Permit. The applicant shall hold a neighborhood meeting pursuant to paragraph 3.2.3, Neighborhood Meeting, unless it previously held one for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. at issue.

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

3. Standards for the CG and IL Districts

a. A primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. such that at least one of the following standards is met:

(1) The longest building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade is parallel to and within the maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.; or

(2) The street-facing building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. façade occupies at least 60% of the total street frontage The boundary of a property adjacent to one side of a street. for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

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

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

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

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

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

E. Street Yard Alternatives

A new structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or modifications to an existing structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not be required to conform to the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements of the district in the following circumstances:

1. For districts with minimum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements (excluding Design Districts):

a. Where 50% or more of the lots on the same block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street. as the lot in question are developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with less than the required street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., the average setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. of the buildings on the developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. lots on the block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. with less than the required street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be observed as the minimum setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. for a new structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.;

b. Where the lot on which the new structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. is proposed is between two adjacent Property abutting directly on the boundary of, touching, or sharing a common point. existing developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. lots with less than the required street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., the average setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. of the buildings of both adjacent Property abutting directly on the boundary of, touching, or sharing a common point. lots shall be observed as the minimum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.;

c. Where a block face One side of a right-of-way between two consecutive intersecting or intercepting rights-of-way, natural barrier, or between a cross-street and the end of a dead end street or cul-de-sac. Where a street curves so that any two adjacent 100-foot chords thereof form an angle of 120 degrees or less, measured along the centerline of the street, such curve shall be construed as an intersecting street. of less than 500 feet is split into more than one zoning district, the zoning district with the most frontage shall determine the minimum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure.. However, this provision shall not apply if the street right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. is less than 50 feet wide and property on the opposite side of the street is residentially used or zoned, in which case the provisions of paragraph 6.8.2A, Street Yards, shall be applied.

2. In the Urban and Compact Neighborhood Tiers, excluding Design Districts, the applicable street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of a multiple-frontage lot shall be applied to the frontage with the predominant orientation The directional placement of a structure or element in relation to its surroundings, the street and other structures. of existing structures along the blockface. The other frontage shall be considered a side or rear as applicable; or

3. In the Urban and Compact Neighborhood Tiers, excluding Design Districts, the maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be considered a minimum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. for the following primary uses:

a. Fuel sales.

b. Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. sales.

A. Permitted Housing Types and Other Residential Development

1. The following residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be allowed as indicated with a “✔”.

2. For a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached house and duplex, the following zoning district development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards pursuant to paragraph 6.2.1, Development Standards, or paragraphs 7.1.2B and 7.1.6B, Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Standards, as applicable, shall apply:

3. For all other residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards applicable to the base zoning district, or the CI District under the provisions in paragraph 6.10.1. shall apply.

4. Height for Housing Types

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

b. For Single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached house, additional height is allowed at a rate of one story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. per ten feet of additional setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. provided, with a maximum height of 50 feet.

5. Street level residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall not be allowed in the CI District, except for townhomes See “Townhouse.”.

6. (County Only) The development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. standards for the SRP-C District shall apply to all residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

B. Residential Density

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

2. Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. limits shall not apply to upper story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. residential units in the CI District.

3. For residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in nonresidential districts, the provisions in paragraph 6.3.3D do not apply.

C. Open Space

Open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. shall be provided in all residential developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within nonresidential districts pursuant to the table below. (County Only) Required open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. within the SRP-C District can be provided anywhere within the contiguous district area.

Planned districts shall be established to allow for design flexibility and to encourage efficient use of land and public services and high quality design. These regulations are intended to allow innovative development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that is integrated with proposed adjacent Property abutting directly on the boundary of, touching, or sharing a common point. uses and compatible with existing patterns of nearby development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

A. A development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. meeting the requirements of paragraph 3.5.6, Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., shall be required as part of the zoning map change application to any planned district, except in the UC and UC-2 districts as indicated below.

B. The initial zonings to establish the UC and UC-2 districts on each campus, which shall be initiated by the appropriate governing body for each university/college campus, shall not require a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., though the university or college An institution other than a trade school that provides full-time or part-time education beyond high school. can submit a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. providing additional details and restrictions beyond minimum Ordinance requirements, for all or parts of the area associated with the initial zoning map change A zoning map change that establishes the City’s zoning authority over newly annexed territory, per NC General Statute 160D-202(g), or establishes the County’s zoning authority over newly relinquished territory, per NC General Statute 160D-202(h).. A basic zoning map change application shall be required for the initial zoning map change A zoning map change that establishes the City’s zoning authority over newly annexed territory, per NC General Statute 160D-202(g), or establishes the County’s zoning authority over newly relinquished territory, per NC General Statute 160D-202(h)., along with documentation on the availability of adequate parking and a limited surcharge fee to cover public notification requirements.

C. Except in the MU District, uses shall be permitted only in the location shown on the approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the property shall not begin until a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. has been approved for that portion of the property. Site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall be reviewed for conformance with an approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. Should alterations or changes represent a substantial departure from the approved plan, an amendment is required. The same procedures as required for the original approval shall be required for development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. amendments.

D. Unless alternative standards are explicitly established in the provisions below, all relevant standards and provisions of this Ordinance shall apply to development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within any planned district.

A. Uses

1. The primary use allowed within the PDR District shall be residences, including manufactured homes.

2. Manufactured homes shall be permitted only where they have been expressly indicated on the approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. Manufactured house subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. and parks shall be designated as such on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. and show lot layouts and the orientation The directional placement of a structure or element in relation to its surroundings, the street and other structures. of the house to the street in the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans.

3. Nonresidential uses allowed in the PDR District shall be limited to those uses listed in the Sec. 5.1, Use Table. Nonresidential uses can be approved subject to the use limitations established in Sec. 5.3, Limited Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Standards, and the following conditions.

a. When both nonresidential and residential uses are proposed, the dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. can be separate structures from the nonresidential uses or located in the same structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. as the nonresidential uses.

b. Nonresidential acreage shall be included in any calculations of residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..

c. The building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. location(s) shall be specified in the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..

d. Nonresidential uses shall be located with street access deemed adequate by the City Transportation Department.

e. Nonresidential square footage shall promote a range of services for residents. For projects with at least 100 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., one lot, minimum 5,000 square feet, shall be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. for civic or commercial uses. For projects with at least 300 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., one lot, minimum 10,000 square feet, or two lots, minimum of 5,000 square feet each, shall be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. for civic or commercial uses. Such uses shall be in addition to open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirements and residential amenities.

B. Dimensional Requirements

1. Site Area

No minimum site area The minimum area required for a particular type of development. The site may then be divided into smaller lots. for the initial approval of the zoning district is required.

2. Minimum Lot Area

a. No minimum lot area The total area within the lot lines of a platted lot. shall be required to be specified.

b. Lot areas The total area within the lot lines of a platted lot. described on a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. may be increased by the appropriate State agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. or County Health Department in order to ensure adequate waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. treatment.

C. Intensity

1. Residential Density

The specific maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in units per acre, other than the areas proposed for nonresidential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and areas precluded from consideration for density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in paragraphs 8.4.4, Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas; and 8.8.5, Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. Credits, shall be included in the application. The allowable density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be consistent with the land use designation shown in the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services..

2. Nonresidential Intensity

The maximum nonresidential intensity shall reflect the CI intensity, consistent with Sec. 6.10, Nonresidential District Development Intensity, for the tier in which the project is located.

3. Height

Maximum building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height shall be the lesser of 9 stories The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. or 100 feet. Any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. over 40 feet shall be identified on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. submitted for approval.

D. Building Orientation

1. Building Separation

a. Manufactured homes in parks shall maintain a distance of at least 16 feet between other manufactured homes. Added on rooms, porches, and other structures attached to the manufactured home shall be considered part of the manufactured home.

b. The governing body can reduce or increase separations after consideration of the general bulk and scale in comparison with nearby development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. Such modification shall only occur in conjunction with the approval of the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..

E. Yards

Front, side, and rear yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. must be defined by the Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. No minimum yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall be required for primary or accessory buildings, except as defined by the Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. Previously approved Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Plans without defined yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall have the following minimum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. requirements: