A. Applicability in Design and Planned Districts

1. Housing types do not apply to the Design Districts, where all uses, including residential, shall comply with Article 16, Design Districts.

2. Housing types can be used in Planned districts if the residential use is allowed according to paragraph 5.1.2, Use Table. The standards for the housing types shall conform to the standards within the Planned District.

B. Condominium Development

Condominiums A form of property ownership whereby the owner gains ownership of an interior space within a building. The building structure, the land under the building, and all of the surrounding land is commonly owned by all the inhabitants on a proportional basis. shall be recorded in compliance with the North Carolina Condominium A form of property ownership whereby the owner gains ownership of an interior space within a building. The building structure, the land under the building, and all of the surrounding land is commonly owned by all the inhabitants on a proportional basis. Act (NCGS §47C).

C. Structures Built Before 1950

1. A lot containing a 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. built before 1950 may be subdivided using the small lot option, regardless of whether the 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. meets the small lot dimensional standards.

2. Any single‐family or duplex 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. built before 1950 may be moved to any legal lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. and used as a primary dwelling or accessory dwelling, regardless of dimensional requirements, through the issuance of 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.

3. A residential 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. built before 1950 may be moved on its existing lot to be used as a primary dwelling or accessory dwelling and be exempted from meeting dimensional standards through the issuance of 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.

A. Description

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 is located on an individual lot with 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. on all four sides of the house. Vehicular access can take place from the front, side, or rear of the lot.

B. Development Standards

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 shall be permitted in accordance with the table below. 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 shall also be permitted in the RR District in accordance with the standards of paragraph 6.2.1A, Dimensional Standards.

C. Small Lot Option

Additional standards, or modifications to the standards, below, may be required pursuant to a Neighborhood Protection Overlay, local historic district, or through application of infill regulations (Sec. 6.8, Infill Development in Residential Districts).

1. Applicability

a. The small lot option can be applied in the following zoning districts:

(1) In any tier: RC, RS-M, RU-M, RU-5, and RU-5(2) zoning districts.

(2) In the Urban Tier: all zoning districts where 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 are permitted.

b. The small lot option can be applied to any Lot of Record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. in an applicable zoning district, regardless of lot dimensions.

2. Dimensional Standards

3. Maximum Size of Primary Structure

a. The maximum above grade A land disturbing activity that modifies the contours of the land. heated square footage of the primary dwelling(s), shall be 1,200 square feet, with a 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. footprint of 800 square feet.

b. A 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 a Reduced Pole Flag Lot or Small Lot has a maximum height of 2 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 32 feet. Exemptions in paragraph 6.12.1B shall apply.

4. Additional Requirements

a. Trees

In addition to the required street tree, and in lieu of infill landscaping requirements in Sec. 6.8, if applicable, at least one canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. and one understory tree shall be planted or preserved on the lot.

(1) For tree preservation, the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall be maintained per paragraph 8.3.2, Protection of Existing Vegetation. Protection of invasive or other species precluded for planting pursuant to the Durham Landscape Manual shall not qualify.

(2) For tree planting, the Durham Landscape Manual shall be used to determine appropriate species and planting area.

b. Alley Access

Where a lot abuts an 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..

c. Sustainable Requirement

Small Lots and Reduced Pole Flag Lots must include one approved sustainable feature including ribbon driveway Also called “strip driveway,” a driveway that consists of two parallel strips of concrete, pavers, or similar all-weather material with groundcover or similar pervious material in between., grid‐connected solar photovoltaic array¹, solar hot water heating for domestic hot water², spray foam insulation, Green Building Certification One of the following certifications: any level of Leadership in Energy and Environmental Design (LEED) certification; Energy Star certification; SystemVision standard; Living Building Challenge standard; Home Energy Rating System HERS Index Score of 50 or lower; Passive House certification; or National Green Building Standard certified., use of WaterSense products³, no on‐site parking, downspouts not piped to the right‐of‐way, or projects utilizing any part of the Affordable Housing Bonus as outlined in Section 6.6.

(1) An on‐site system that is estimated by the installer to produce A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. at least 25% of the home’s energy needs.

(2) Energy Star certified water heating system designated as Solar with Electric Backup or Solar with Gas Backup.

(3) To satisfy this requirement all toilets, bathroom faucets, and showerheads must meet the EPA criteria for WaterSense.

5. Designation on Plat

Utilization of the small lot option shall be recorded on a plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. at the time of approval, specifying the housing type and associated limitations.

6. Existing Single-Family Detached and Duplex Residential Structures on Small Lots

An existing 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 or duplex 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 a lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. prior to the effective date of these standards can be improved pursuant to the applicable general standards for the 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 or duplex housing type. Such improvements may still be considered improvements or additions to a nonconforming 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. pursuant to Sec. 14.4, Nonconforming Improvements and Structures.

A. Description

A zero lot line A detached dwelling unit positioned on one property line without any setback. house is 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 positioned on one lot line without any 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 that lot line, with 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. on the other three sides of 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. including a wider 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. on one side.

B. Development Standards

A zero lot line A detached dwelling unit positioned on one property line without any setback. house shall be permitted in accordance with the table below. A zero lot line A detached dwelling unit positioned on one property line without any setback. house shall also be permitted in the RR District 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. in accordance with the standards of paragraph 6.2.1A, Dimensional Standards.

C. Access

Where an 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. is provided, 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..

D. Designation on Plat

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 be designated as a zero lot line A detached dwelling unit positioned on one property line without any setback. 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. on the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. at the time of approval.

E. Easement

Easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. agreements shall be recorded to allow maintenance and access for that side of the dwelling adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the property line.

F. Privacy

On the property line that 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. is built to, a privacy fence or wall at least six feet high is required between lots, to the rear of 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..

G. Small Lot Option

Paragraph 7.1.2C, Small Lot Option, can apply and the provisions within that paragraph shall apply. The following shall also apply:

1. If a lot in a new zero lot line A detached dwelling unit positioned on one property line without any setback. 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. is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the side of an 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. residential lot that is not zero lot line A detached dwelling unit positioned on one property line without any setback., then:

a. The new lot shall not be zero lot line A detached dwelling unit positioned on one property line without any setback.; or

b. The required 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 be adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the existing lot.

2. The 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 be nine feet.

A. Description

A traditional house is 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 that is set closer to the street than a conventional single family One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A.  Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules. detached house and shall only have vehicular access from the rear. It has 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. on each side of 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..

B. Development Standards

A traditional house shall be permitted in accordance with the table below. A traditional house shall also be permitted in the RR District 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. in accordance with the standards of paragraph 6.2.1A, Dimensional Standards.

C. Access

Where an 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. is provided, 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..

D. Small Lot Option

Paragraph 7.1.2C, Small Lot Option, can apply and the provisions within that paragraph shall apply.

A. Description

An attached house is 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. house with a shared common wall along one of the lot lines that separates the two lots.

B. Development Standards

An attached house shall be permitted in accordance with the table below. An attached house shall also be permitted in the RR District 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. in accordance with the standards of 6.2.1A, Dimensional Standards.

C. Access

Where an 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. is provided, 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..

D. Designation on Plat

The housing type shall be identified on the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. at the time of approval.

E. Driveways

Driveways A private roadway located on a parcel or lot used for vehicle access. may be shared with a recorded shared access agreement between two pairs of lots using this housing type.

F. Small Lot Option

Small Lot Option can apply and the provisions within paragraph 7.1.2C shall apply to the attached house lot pair.

Example: A 2,000 square foot lot that meets the Small Lot requirements can become two lots with an Attached Home.

A. Description

An attached duplex is a 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. dwelling in a single 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 a single lot. Individual units can be located on separate floors or on the same level. A detached duplex allows for two 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. on one lot, but 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. are not required to be attached.

B. Development Standards

A duplex shall be permitted in accordance with the table below. A duplex shall also be permitted in the RR District 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. in accordance with the standards of paragraph 6.2.1A, Dimensional Standards.

C. Access

Where an 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. is provided, 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..

D. Small Lot Option

Paragraph 7.1.2C, Small Lot Option, can apply and the provisions within that paragraph shall apply.

E. Driveways

A maximum of two driveways A private roadway located on a parcel or lot used for vehicle access. shall be allowed and shall be perpendicular to 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..

A. Description

A 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. is 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. made up of three or more attached 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. (except where otherwise allowed), where each unit is on an individual lot and the units are lined up in a row and share side walls.

B. Development Standards

1. A 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. shall be permitted in accordance with the table below.

2. 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. configurations shall consist of at least three units except as follows:

a. In the Urban Tier, a maximum of 50% of the buildings can consist of two units.

b. In the Suburban Tier, a maximum of 25% of the buildings can consist of two units.

C. Access

Where an 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. is provided, 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..

Commentary:  It is recommended that preliminary site design also considers emergency access and rescue requirements of 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. Code for 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..

D. Location of Common Recreation Facilities

Common recreation areas, such as a clubhouse, swimming pool, and/or tennis, volleyball, or basketball courts, shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. internally or along major roadways, and away from 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. on neighboring properties. All such facilities shall be visible from and have substantial access to a street.

A. Description

A detached rowhouse is one unit within a set of three or more detached 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., where each unit is on an individual lot and the units are lined up in a row, but the units do not share side walls.

B. Development Standards

1. A detached rowhouse shall be permitted in accordance with the table below.

C. Access

Where an 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. is provided, 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..

Commentary: It is recommended that preliminary site design also considers emergency access and rescue requirements of 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. Code for 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..

D. Location of Common Recreation Facilities

Common recreation areas, such as a clubhouse, swimming pool, and/or tennis, volleyball, or basketball courts, shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. internally or along major roadways, and away from 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. on neighboring properties. All such facilities shall be visible from and have substantial access to a street.

A. Description

A multiplex is a 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. housing type with three or four individual units on a single lot. Individual units can be attached or detached, and can be located on separate floors or side-by-side. Parking is often shared in a single consolidated area, even when garages and carports are used.

B. Development Standards

A multiplex shall be permitted in accordance with the table below.

C. Access

Where an 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. is provided, 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..

D. Location of Common Recreation Facilities

Common recreation areas, such as a clubhouse, swimming pool, and/or tennis, volleyball, or basketball courts, shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. internally or along major roadways, and away from 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. on neighboring properties. All such facilities shall be visible from and have substantial access to a street.

A. Description

An apartment is a 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. housing type on a single tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or parcel See “Lot of record.” of land containing five or more units. Apartments can vary in height; the individual units can be attached or detached and located on separate floors or side-by-side and can be attached or detached.

B. Development Standards

Apartments shall be permitted in accordance with the table below.

C. Location of Common Recreation Facilities

Common recreation areas, such as a clubhouse, swimming pool, and/or tennis, volleyball, or basketball courts, shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. internally or along major roadways, and away from 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. on neighboring properties. All such facilities shall be visible from and have substantial access to a street.

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. adds to the visual character and uniqueness of each 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 allows for recreational and aesthetic enjoyment by the residents. In the Rural Tier, 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. is intended to serve as land preserved for passive enjoyment. In the Suburban and Urban Tiers, improved 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. provides centrally located community gathering spots, and play spaces that are integral to the livability of the neighborhoods, while the preservation of natural areas ensures habitat. In the Compact Neighborhood Tier, a limited quantity 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. is required as relief from the intensity of the built environment. Except for paragraph 7.2.5, Ownership and Management 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., the requirements of this section 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. under paragraph 6.2.4, 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. 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 required in all districts in accordance with Article 6, District Intensity Standards, except that certain 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. can make payment in lieu of providing 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. provided that 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.:

1. Is not 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. under paragraph 6.2.4, 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.;

2. 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. under Sec. 6.7, 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.;

3. Contains ten or fewer units; and

4. Contains no engineered stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls.

Payment in lieu of required private 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. for recreational purposes under this section is available in addition to payment-in-lieu available under Sec. 12.4, Pedestrian and Bicycle Mobility, and Sec. 12.5, Recreation Land.

B. Payment-in-lieu shall be an amount equivalent to the tax value of the amount of usable property that would have been required for 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.. Payments, when authorized, shall be expended within the respective recreation district within which collected.

C. In 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., the quantity 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 equal to the reduction in total lot area The total area within the lot lines of a platted lot., 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. required in the zoning districts in Sec. 6.3, Residential Suburban 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. Intensity, Sec. 6.4, Residential Urban 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. Intensity, or Sec. 6.5, Residential Compact 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. Intensity, as applicable.

D. For Design Districts, all 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 shall be pursuant to Article 16, Design Districts, unless otherwise indicated. If conflicts arise between Article 16, Design Districts, and this section, the more stringent regulation shall apply.

E. Cluster Box Units (CBUs)

CBUs, if required, shall be considered a component of 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.. However, all applicable 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. requirements shall apply.

A. Recreational Open Space

Where 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. is required, at least one-third shall consist of 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..

1. Table of Recreational Open Space

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. shall be provided by the type and percentages indicated in the following table:

2. Exemptions

a. 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. is not required in the Rural Tier or 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. pursuant to Sec. 6.9, 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..

b. The 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. requirement shall not apply to the 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. 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.. The 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. requirement shall only be applied to the amount that would be provided for a 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..

3. Minimum Street Frontage Dimension and Accessibility

Except for walking paths and bicycle trails, 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. areas shall have at least one side with street frontage The boundary of a property adjacent to one side of a street. of at least 50 feet in length, and shall be accessible to 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. by sidewalks, pursuant to Article 12, Infrastructure and Public Improvement.

4. Minimum Location Requirements

a. In the Urban Tier, 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. shall be located so that at least 95% of the residential units 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. or 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. are within a 1,300-foot walking distance of useable 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..

b. In the Suburban Tier, 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. shall be located so that at least 95% of the residential units 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. or 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. are within a 2,600-foot walking distance of usable 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..

c. In the MU District, 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. shall be located in a central commons area around which different uses are located.

(1) If 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. is greater than 100 acres, multiple common areas shall be provided.

(2) Central commons areas are not required if the entire mixed use A development that includes both residential and nonresidential uses as principal uses on the same development site. See paragraph 4.4.5 , Mixed Use, and paragraph 6.11.7, Mixed Use (MU). 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. is solely vertically integrated.

B. The remaining 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., and 100% 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. where 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. is not required as indicated in paragraph 7.2.3A.2, shall consist of the types and percentages indicated in the following table:

C. 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.

D. Dog Park or Play Area

A dog park or play area used to satisfy the requirements of this section shall be enclosed with a galvanized or coated chain-link fence measuring four to six feet in height and include a double-gate entry system. The following shall also be provided within the area:

1. Seating with benches.

2. A designated pet waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. receptacle.

3. Signage providing City, County, and other applicable rules.

4. At least one of the following:

a. A plumbed drinking water station.

b. A shade area, either with a 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 mature shade trees

E. All-weather Trails

1. Material

A trail used to satisfy the requirements of this section shall be paved with an all-weather material such as asphalt, concrete, or another similar material that would satisfy the State accessibility code.

a. Gravel is not considered an all-weather surface.

b. Exceptions may be made regarding paving if a trail is proposed in a required riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

2. Pet Waste Disposal

A designated pet waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. receptacle must be provided at each trail head.

A. Exclusions

1. Streets, driveways A private roadway located on a parcel or lot used for vehicle access., vehicular use areas, 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. spaces provided for residences shall not be counted toward 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. requirement.

2. Sidewalks and walkways required pursuant to Section 12.4, Pedestrian and Bicycle Mobility, shall not qualify as “all-weather trails” and shall not be counted towards 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.

B. Minimum Dimension

1. Within the Compact Neighborhood Tier other than Design Districts, a horizontal dimension of at least ten feet in all directions shall be the minimum required to be considered 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..

2. Within the Rural, Suburban, and Urban Tiers, a horizontal dimension of at least 25 feet in all directions shall be the minimum required to be considered 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..

C. Individual Calculations

Unless otherwise noted below, the gross square footage of 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. area shall be utilized in calculating compliance with 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.

1. To calculate trails, the square footage of the trail surface shall be used.

2. To calculate benches and picnic tables, the square footage of each amenity plus a two-foot wide walk zone around each amenity shall be used.

3. To calculate playgrounds A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus., the square footage of each playground A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus. 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. plus a six-foot wide walk zone around each 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 used.

4. Areas of overlapping walk zones shall be counted once.

A. Land 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. in 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. 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 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.

B. Prior to approval of a final plat The final map of all or a portion of a subdivision which is presented for final approval., a program for continued maintenance of all 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. areas shall be submitted. The submission shall include agreements, contracts, deed restrictions, sureties, or other legal instruments acceptable to the City or County, as appropriate, to guarantee the provision and continued maintenance of such common areas and facilities.

C. 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. shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

1. A permanent conservation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. in favor of either:

a. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. (the organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions). If the entity accepting the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. is not the City or the County, then a third party right of enforcement favoring the City or the County shall be included in the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.; or

b. A governmental entity with an interest in pursuing goals compatible with the purposes of this section acceptable to the City or County, as appropriate.

2. A permanent restrictive covenant for conservation purposes in favor of a governmental entity.

3. An equivalent legal tool that provides permanent protection, if approved by the City or County, as appropriate.

4. Dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of the land to an established homeowner’s association (with legal standing in the property) that accepts permanent maintenance responsibility.

D. The instrument for permanent protection shall include clear restrictions on the use of 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.. These restrictions shall include all restrictions contained in this Article, as well as any further restrictions the applicant chooses to place on the use of 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..

E. 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 has been dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. to an established homeowner's association can be transferred with a permanent conservation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. to a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. pursuant to paragraph 7.2.5C.1.a above.

A. Except in Design Districts, this section applies to all nonresidential, non-industrial facilities with exterior elevations that are greater than 100 feet in total length or diameter and visible from 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. or 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..

B. All applicable structures shall be required to incorporate variations in the façades and roofline in order to ensure visual interest by the following standards:

1. Incorporate variations in the façade, such as recesses and projections, door and window rhythm, or other architectural detailing. Changes of materials can also be used to meet this requirement so long as materials changes occur at a change of plane, such as a recess, projection, or inside corner; and

2. Incorporate variations in the roofline treatment, such as stepped parapets, multiple roof forms, dormers, and corner tower elements.

A. General Standards

1. Canopies in nonresidential zones can extend into 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. but shall be at least five feet from any property line and shall not project into any utility easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

2. Display or storage shall not be permitted as the primary use under the canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. unless outdoor displays and outdoor storage are allowed in the zoning district in accordance with Sec. 7.5, Outdoor Display and Storage.

B. Fuel Canopies

1. The maximum distance to the highest point on the fascia shall be 19-1/2 feet as measured from the highest point of the highest grade A land disturbing activity that modifies the contours of the land. under the canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather..

2. All light fixtures mounted in fuel canopies shall be recessed.

The purpose of these standards is to assure that adequate exterior lighting is provided for nonresidential and 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. 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. to facilitate crime prevention, security, and safe passage, and that exterior lights be shielded so that the light cast beyond the property line does not exceed the limits in accordance with these standards.

A. Adequate lighting shall be provided in nonresidential and 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. 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. conforming to professional engineering standards.

B. The following shall be exempt from these provisions:

1. Outdoor lights used for a temporary event; permitted through a temporary use permit.

2. Outdoor lights used exclusively for recreational activities, concerts, plays or other outdoor events that are open to the public, provided that the light fixtures are located at least 100 feet from any adjacent Property abutting directly on the boundary of, touching, or sharing a common point. residential use and the event or function meets all other applicable zoning requirements. Time limits are as follows:

a. No limits within the UC, UC-2, and DD Districts.

b. In all other districts, lights shall not be illuminated between the weekday hours of 12:00 a.m. and 8:00 a.m. and between the hours of 1:00 a.m. and 8:00 a.m. on Saturday and Sunday.

c. In the I, IL, and IP Districts, illumination may be extended until 3:00 a.m. on weekdays and 5:00 a.m. on Saturday and Sunday with the approval of a minor special use permit per Sec. 3.9, Special Use Permit. Additionally, the review factors in paragraph 3.9.8B, Review Factors, to be considered shall be limited to paragraphs 3.9.8B.4, Lighting; 3.9.8B.10, Effect on Nearby Properties; 3.9.8B.11, Compatibility; and 3.9.8B.12, Consistency with Policy.

3. Outdoor lighting exempted pursuant to 1 and 2 above shall only be illuminated while the activity takes place and during high traffic periods immediately before and after the event.

A. All site lighting shall be designed so that the level of illumination as measured in foot-candles (fc) at all points meets the standards in the table below with minimum and maximum levels measured on the pavement within the lighted area.

Type of Lighting	LIGHT LEVEL (in foot-candles)
	Minimum at Any Point	Maximum at Any Point
Architectural Lighting, Landscape or Decorative Lighting, Walkways except for those listed below	0.0	5.0
Canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Area Lighting	2.0	24.0
Pedestrian Passages A site feature of Design Districts where a passageway for pedestrian movement is provided through the development site. and Malls (Article 16)	1.0	15.0
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. Parking Lot An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles.	0.5	8.0
Nonresidential and 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. Entrances	1.0	15.0
Nonresidential Parking Lot An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles.	0.5	10.0
On-site walkways between 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. entrances, between parking and 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. entrance, or serving to meet sidewalk requirements per Sec. 12.4, Pedestrian and Bicycle Mobility.	0.2	5.0
Storage Area (security lighting)	0.5	10.0
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 and Display	0.5	24.0

B. The maximum illumination permitted at the edge of a property line shall be as set forth below. Where 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. is unified with shared parking or other measures shown on a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., the maximum illumination levels shall apply only to the exterior lot lines of the project (any interior lot lines shall be exempt from this paragraph).

1. The maximum illumination at the edge of the property line adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential zoning district shall be 0.5 foot-candles.

2. The maximum illumination at the edge of the property line adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to nonresidential zoning district shall be 5.0 foot-candles.

3. The maximum illumination at the edge of the property line adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a street shall be 5.0 foot-candles.

C. Full-Cutoff Lighting

The maximum height for directional or full cut-off lighting fixtures (fixtures designed to ensure that no light is emitted above a horizontal line parallel to the ground) shall be:

1. Thirty feet above grade A land disturbing activity that modifies the contours of the land. if located at least 50 feet from a residential property line; and

2. Fifteen feet above grade A land disturbing activity that modifies the contours of the land. if located within 50 feet of a residential property line.

D. Non-Directional Lighting

The maximum height for non-directional lighting fixtures (fixtures designed to allow light to be emitted above a horizontal line parallel to the ground) shall be 15 feet above grade A land disturbing activity that modifies the contours of the land.. Non-directional lighting fixtures shall be translucent or have baffles to prevent views of the light source.

E. Canopy Lighting

Under canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. lighting shall be restricted to lighting fixtures (including lenses) that do not project below the bottom of the canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather..

F. Glare

Lighting shall be oriented The directional placement of a structure or element in relation to its surroundings, the street and other structures. not to direct glare or excessive illumination onto streets and adjacent Property abutting directly on the boundary of, touching, or sharing a common point. residences.

G. Accent Lighting

Lighting fixtures used to accent architectural features, landscaping or art shall be located, aimed or shielded to minimize light spill into the night sky.

H. Blinking or Flashing Lights

Blinking or flashing lights shall be prohibited unless the lights are required as a safety feature (e.g. beacons on towers) or permitted as part of a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. in accordance with Article 11, Sign Standards.

I. Non-Conformities

Lighting fixtures existing as of June 12, 2000 may remain, and shall be considered nonconforming structures. Modifications, replacement or expansions, shall conform to the standards of this Ordinance.

A. Regulations governing outdoor storage and display shall apply in all non-residential districts.

B. Outdoor storage regulations shall not apply to agricultural uses 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. pursuant to Sec. 5.1, Use Table.

A. Outdoor display is defined as the display of products actively available for sale, but does not include products in closed boxes, crates, other kinds of shipping containers, or uses considered outdoor storage in accordance with paragraph 7.5.3, Outdoor Storage, below.

B. Except in association with agricultural uses 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., outdoor display shall be indicated on a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. illustrating the extent of the permitted area for outdoor display pursuant to the standards below:

1. All products displayed shall be located outdoors only during the hours the use is open for business;

2. The display area shall be located no closer than five feet from any public entrance;

3. The display area shall occupy no more than 50% of 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. frontage;

4. The display area shall not block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. sidewalks or parking areas, and shall not impede pedestrian or vehicular circulation; and

5. The display area shall not be located in 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. except in the Downtown Tier, subject to other applicable requirements.

C. For outdoor display associated with agricultural uses 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. pursuant to Sec. 5.1, Use Table, only the following shall apply.

1. No site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. is required.

2. Outdoor display areas shall not block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. sidewalks or parking areas, and shall not impede pedestrian or vehicular circulation; and

3. Outdoor display areas shall not be located in 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. except in the Downtown Tier, subject to other applicable requirements.

A. General

Outdoor storage is more intensive than outdoor display. Materials stored in outdoor storage are not normally brought indoors overnight.

B. Class A Outdoor Storage

1. Class A outdoor storage is defined as garden supplies, 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. supplies, plants, 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 and services, manufactured home sales, play equipment, and other similar items.

2. Areas used for Class A outdoor storage shall be permitted following review and approval of a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. illustrating the extent of the area proposed for outdoor storage, provided it meets the following standards:

a. No outdoor storage shall be allowed in 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. or within 15 feet of any 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., whichever is greater.

b. No outdoor storage shall be permitted within required vehicular use areas.

c. Outdoor storage can be located to the side of 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., provided it is not located within 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..

d. Any rear 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. can be used for outdoor storage purposes, except in the SRP District.

C. Class B Outdoor Storage

1. Class B outdoor storage is defined as material stored in crates, boxes, or shipping containers; lumber 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.; pipe; wrecking, junk, and salvage yards Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery.; vehicle storage yards A bulk and non-public holding facility for fleet vehicles or heavy equipment, vehicles held for sale or repair, or the storage of operable or inoperable vehicles awaiting adjustment or settlement of insurance claims or motor vehicles that have been impounded by the police. No dismantling of vehicles is permitted.; and other similar uses.

2. In addition to the requirements of paragraph B.2 above, areas used for Class B outdoor storage shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. from view from 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., public vehicular use areas, or 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. pursuant to Sec. 9.7, Screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views..

D. Outdoor Storage in SRP District

1. Outdoor storage shall not be permitted in 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..

2. Outdoor storage shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. according to Class B standards.

This section shall apply to all on-site solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations., utility, and other mechanical equipment facilities serving non-residential and 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.. Pet waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. receptacles shall be provided pursuant to Sec. 7.2.3 Design and 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. 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., and 7.6.5 Pet Waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. Receptacles.

A. All utilities (including heating or air conditioning units and other mechanical equipment) and solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection facilities shall be located on the same lot as the use served. Off-site solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection facilities are allowed with documentation of a shared facility agreement between property owners Any person having charge of any real property according to the records held by the Register of Deeds..

B. Such facilities shall be located beyond 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., as applicable.

All screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. of utility and solid waste facilities Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above. shall be pursuant to Sec. 9.7, Screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views..

A. All required solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection facilities shall be designed with appropriate means of access to a street or 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. in a manner that will least interfere with traffic movement, and will most facilitate the service of the facilities. Site design shall not create a condition that requires solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection vehicles 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. to back out of sites.

B. When the service side is visible from an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property line, or adjacent Property abutting directly on the boundary of, touching, or sharing a common point. public streets or public trails, access gates or doors with 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 at least 85% shall be required.

C. Space allocated to any solid waste facility Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above. shall not be used to satisfy the space requirements for off-street parking or loading facilities, nor shall any parking or loading spaces be used to satisfy the space requirements for any solid waste facility Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above..

D. All solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection facilities shall be designed to prevent wind-blown debris from leaving the site.

E. All food-related businesses shall provide water quality treatment in conformance with applicable standards and design guidelines for runoff Water from precipitation that flows off a property. from solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. collection facilities.

F. Design Districts

For Design Districts, additional requirements shall apply pursuant to Sec. 16.2, Site Design.

A. Pet waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. receptacles must 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. that require preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval and are located outside the design district zoning districts.

B. Pet waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. receptacles shall be placed on land in 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. 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.

1. Pet waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. receptacles shall be placed within two feet of a sidewalk and/or internal walkway.

2. At least two pet waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. receptacles shall be provided for 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. with 90 or fewer 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.. For 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. with 91 or more 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., at least 3 receptacles shall be provided.

A. The term flag in this section shall mean a piece of fabric or other flexible material solely containing distinctive colors, patterns, standards, words, or emblems used as a symbol of an organization or entity, including but not limited to political jurisdictions, such as the United States.

B. Flags displaying a logo, message, statement, or expression relating to commercial interests, and banners otherwise not meeting the definition of a flag shall also conform with all sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. regulations in Article 11, Sign Standards.

C. Reference to flagpole height refers to vertical flagpoles.

D. References to the number of flags and flagpoles and flag dimensions refer to both vertical flagpoles and mast arm flagpoles, such as staffs extending at an angle from 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..

A. Except as otherwise provided herein flags shall be displayed on flagpoles.

B. In nonresidential zoning districts, flagpoles shall not exceed the maximum height allowed in the zoning district or 70 feet, whichever is less.

C. Flagpoles shall not be placed on top of buildings unless they are located in the Downtown Tier.

D. In residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., flagpoles shall not exceed 25 feet in height unless a special use permit is granted by the Board of Adjustment. A fee shall not be charged for a use permit request for a flag in a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District..

E. A vertical flag pole shall be set back from all property boundaries a distance which is at least equal to the height of the pole.

F. The maximum dimensions of any flag shall be proportional to the flagpole height. In addition, flags are subject to the following dimensional limitations.

G. Each property shall be allowed a maximum of three flagpoles unless a special use permit is granted by the Board of Adjustment.

H. A maximum of three flags shall be allowed per flagpole.

I. The flag and flagpole shall be maintained in good repair. A flagpole with broken halyards shall not be used and flags which are torn or frayed shall not be displayed.

J. On United States and North Carolina holidays, there shall be no maximum flag size or number or other limitations on manner of display.

K. This section shall not be interpreted to restrict the right to display eligible flags as banners or noncommercial signage under Article 11, Sign Standards. Flags mounted directly on 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. wall shall expressly be considered signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. and shall be subject to Article 11, Sign Standards.

Any activity which releases smoke, particulate matter, gases or contaminants into the atmosphere shall comply with all applicable federal and State regulations.

All activities shall comply with the Fire Codes of the appropriate jurisdiction.

All activities shall comply at a minimum with all applicable State and federal regulations as well as the appropriate County Health Department regulations and City and County fire department regulations for hazardous materials Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B) and wastes As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations..

All activities shall control electromagnetic frequencies so that there is no interference in the operation of equipment off-site and no adverse effects to persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. off-site.

Any activity which discharges material or liquids into sanitary sewers shall conform with all federal, State and local discharge and release regulations. City and County sanitation ordinances may also apply. All storage areas, waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. areas, and trash handling facilities shall be designed to prevent wind blown debris from leaving the site. The drainage of waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. or stored materials onto adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties or directly into creeks and watercourses A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. or into the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. conveyance system is prohibited. Only uncontaminated stormwater runoff The direct runoff of water resulting from precipitation in any form. may be discharged into the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. conveyance system.

All activities shall comply with all federal and State regulations which apply to the handling, storage, and disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. of nuclear material Any natural or man-made material which undergoes radioactive decay, during which process it releases energy in the form of ionizing radiation; this also includes any mixture of materials which contains nuclear material..

Noise shall be regulated by Article II, Noise, of Chapter 26, Environment, Litter, Vandalism and Pollution the Durham City Code or Article II of Chapter 14 (Environment) of the Durham County Code, as appropriate.

All activity shall comply with any applicable State or federal 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 and accessibility regulations, as determined by the City-County Inspections Department.

A. The establishment and/or disturbance of cemetery A place used or to be used and dedicated or designated for interment of human remains or pet animal remains. sites shall be in accordance with applicable local, state, and federal laws and regulations.

B. 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. on property abutting or containing an established cemetery A place used or to be used and dedicated or designated for interment of human remains or pet animal remains., a field survey shall be provided to identify the extent of the cemetery A place used or to be used and dedicated or designated for interment of human remains or pet animal remains. and any potential unmarked gravesites.

C. Public access shall be maintained to any property containing a cemetery A place used or to be used and dedicated or designated for interment of human remains or pet animal remains..

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. projects utilizing 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. shall maintain a minimum 10-foot undisturbed grading A land disturbing activity that modifies the contours of the land. 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 exterior boundaries 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. site.

B. Grading A land disturbing activity that modifies the contours of the land. for 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. site that does not qualify as 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. shall maintain a minimum five-foot undisturbed grading A land disturbing activity that modifies the contours of the land. 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 exterior boundaries 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., except for along the street frontage The boundary of a property adjacent to one side of a street..

C. Allowed disturbance within grading A land disturbing activity that modifies the contours of the land. setbacks 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. shall be as follows, unless other encroachments When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. are otherwise allowed within this Ordinance:

1. Planting of required landscaping to meet other Ordinance requirements.

2. Grading A land disturbing activity that modifies the contours of the land. necessary to accommodate the construction of a trail.

3. Grading A land disturbing activity that modifies the contours of the land. necessary to accommodate required access, utilities, and infrastructure.

4. Grading A land disturbing activity that modifies the contours of the land. necessary to accommodate positive drainage away from the foundation of structures. Grading A land disturbing activity that modifies the contours of the land. for this purpose shall be allowed to encroach When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. two feet into any required grading A land disturbing activity that modifies the contours of the land. 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..

D. Failure to maintain the grading A land disturbing activity that modifies the contours of the land. setbacks 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. will require a revegetation plan pursuant to paragraph 9.5.3B.2.