(A)   Generally. The land use intensity (LUI) system is a development option allowed pursuant to G.S. 160D-406 and 160D-705 for special use permit approval of the Board of Adjustment and designed with the intent to:

      (1)   Provide an organized and comprehensive system for determining and controlling the intensity with which land is developed;

      (2)   Replace conventional fixed yard, height, spacing and density standards with floor area, open space, recreation space and livability space ratios which widen development options while maintaining public benefits;

      (3)   Allow and encourage a variety of horizontal and vertical building configurations;

      (4)   Encourage innovations in residential development so that the growing demands of population may be met while insuring the livability of the developments; and

      (5)   Provide a procedure which can evaluate a specific development on a particular site to the particular demand for housing at the time of development in a manner consistent with the preservation of property values within established or future residential areas.

   (B)   Terms and definitions.

      Floor area (FA) and floor area ratio (FAR). FA is the total floor area including mezzanines, interior balconies and upper floors, of all floors measured from the outside faces of exterior walls. The floor area of all buildings on a lot divided by the lot area is the FAR. FAR x GLA = maximum floor area acceptable at a given LUI number.

      Gross land area (GLA). The sum of site land for residential use plus one-half of the area of any abutting walk, alley or street right-of-way or permanent open space (maximum width in feet of countable abutting open space is equal to the LUI number of the parcel).

      Livability space (LS) and livability space ratio (LSR). LS is non-vehicular open space and is part of total open space. LS is open space that is designed for pedestrian use such as walkways, landscaped areas, and recreation areas which are barred to automotive use. LSR x GLA = minimum livability space acceptable for a given LUI number.

      Open space (OS) and open space ratio (OSR). OS is the sum of uncovered open space and one-half of covered open space including off-site space used in computing GLA. “Open space” need not be at ground level, if appropriately improved. OSR x GLA = minimum open space acceptable for a given LUI number.

      Primary wall. Contains the principal windows in a habitable room, except bedrooms and kitchens (thus including living rooms, dining rooms, family rooms and the like).

      Recreation space (RS) and recreation space ratio (RSR). RS is the outdoor area that is improved for the recreational use of all residents. RS is part of both livability and open space. RSR x GLA = minimum recreation space acceptable for a given LUI number.

      Secondary wall. Contains the windows of rooms other than those described above for primary walls.

      Windowless wall. Contains no windows or only windows which do not involve loss of privacy.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 21-032, § 1, passed 6-21-2021)

   (A)   LUI rating: 50 (Subject to special use permit approval within the R-6, R-6A, MR, OR and CDF Districts).

      (1)   Minimum lot area required: 15,000 square feet.

      (2)   Gross land area (GLA) multiplied by the following ratios equal the maximum floor area and minimum space requirements.

         (a)   (GLA) x .400 = Floor area (FA).

         (b)   (GLA) x .72 = Open space (OS).

         (c)   (GLA) x .44 = Livability space (LS).

         (d)   (GLA) x .052 = Recreation space (RS).

      (3)   Minimum parking requirement.

         (a)   One-bedroom unit: One and two-tenths spaces.

         (b)   Two- or more bedroom unit: two spaces.

(Ord. No. 01-35, § 1, passed 3-08-2001)

   (B)   LUI rating: 67 (subject to special use permit approval within the R-6, R-6A, MS, OR and CDF Districts).

      (1)   Minimum lot area required:

         (a)   R-6 Zoning District: 20 acres (871,200 square feet).

         (b)   All other districts: 55,000 square feet.

      (2)   Gross land area (GLA) multiplied by the following ratios equal the maximum floor area and minimum space requirements.

         (a)   (GLA) x 1.30 = floor area (FA).

         (b)   (GLA) x .67 = open space (OS).

         (c)   (GLA) x .42 = livability space (LS).

         (d)   (GLA) x .104 = recreation space (RS).

      (3)   Minimum parking requirement. Per bed: Seventy-five hundredths of a space.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 94-78, § 2, passed 6-9-1994; Ord. No. 01-35, § 2, passed 3-08-2001)

   (A)   No principal or accessory structure shall be closer than 25 feet to a public street right-of-way or private street easement.

   (B)   Side and rear setbacks and/or separation between buildings or opposing wings of a building vary according to the type of wall involved.

      (1)   Primary wall. Six feet plus two feet for each story plus one foot for each ten feet of wall length.

         Formula: D = 6+2S+L/10

         where D is the minimum setback distance, S is the number of stories, and L is the length of wall.

      (2)   Secondary wall. Two feet plus one foot for each story plus one foot for each ten feet of wall length.

         Formula: D = 2+S+L/10.

      (3)   Windowless wall. Ten feet.

   (C)   No structure or building may exceed 90 feet in height above the property grade unless the depth of the public or private street setback is increased five feet for each ten feet, or fraction thereof, of building height in excess of 90 feet.

   (D)   All off-street parking areas designed for three or more spaces shall be in accordance with Article O.

(Ord. No. 2337, § 1, passed 6-13-1991)

   (A)   No garbage/trash container or recycling center shall be located closer than 20 feet to any dwelling structure and no compactor shall be located closer than 50 feet to any dwelling structure.

   (B)   Each garbage/trash container required to service the development shall be located within 200 feet of the dwelling units such container is intended to serve.

   (C)   Garbage/trash containers and recycling centers shall be enclosed on three sides by a complete visual screen consisting of a fence, vegetation or combination thereof.

   (D)   Except as further provided, compactors shall be completely enclosed by a visual screen and safety barrier composed of an opaque masonry wall and opaque metal or wooden gate, said wall and gate shall be not less than two feet higher than the highest point of the compactor. The Director of Planning and Development Services or designee may approve substitute wall and gate material provided the wall and gate results in an opaque visual screen and safety barrier as required by this subsection; vegetation shall not be acceptable for this purpose.

   (E)   Garbage/trash containers, recycling centers and compactors shall be in accordance with Title 6, Chapter 3, Garbage and Refuse Collection and Disposal, of the Greenville City Code.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2466, § 5, passed 6-8-1992; Ord. No. 10-34, § 4, 4-8- 2010; Ord. 19-045, § 1, passed 9-12-2019)

   No new private streets for single-family and two-family attached dwellings located on individual lots or on a common lot are allowed after August 14, 2014.

(Ord. No. 14-049, § 8, passed 8-14-2014; Ord. No. 23-040, § 1, passed 5-11-2023)

   All development regulated in accordance with this article shall be subject to the requirements, conditions and restrictions of the subdivision regulations whether or not the subject tract is actually divided for the purpose of transferring title.

(Ord. No. 2337, § 1, passed 6-13-1991)

   (A)   Bufferyard setbacks shall be in accordance with Article G of this chapter.

   (B)   Vegetation requirements shall be in accordance with Article P of this chapter.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 95-117, § 4, passed 11-9-1995)

   (B)   Content; required review. The special use permit application shall include (i) a site plan illustrating all buildings, structures, streets, drives, parking, screening, berms, landscaping, open spaces, active recreation areas and facilities, storm water structures, wetlands, flood hazard areas, environmental limitations, utilities and other improvements per the Land Development Administrative Manual, (ii) typical building and unit façade illustrations including balconies, porches, patios, decorative and/or functional walls and fences, and (iii) all additional information necessary for the Board of Adjustment to insure compliance with this article, Title 9, Chapter 5, Subdivisions of the Greenville City Code for preliminary subdivision plats or other ordinances or regulations of the city and Utilities Commission.

      (1)   The use has existing or proposed utility services which are adequate for the population densities as proposed.

      (2)   The use is properly located in relation to arterial and collector streets and is designed so as to provide direct access without creating traffic which exceeds acceptable capacity as determined by the City Engineer on streets in adjacent areas outside the development.

      (3)   The use (i) will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use, (ii) will not be detrimental to the public welfare, and (iii) will not constitute a nuisance or hazard, if located and developed according to the plan as submitted and approved. Such health and safety, public welfare and nuisance or hazard considerations include but are not limited to the following:

         (a)   The number of persons who can reasonably be expected to live within or frequent the development at any one time.

         (b)   The intensity of the proposed development in relation to the intensity of adjoining and area uses.

         (c)   The visual impact of the proposed development as viewed from adjacent properties and public street rights-of-way.

         (d)   The location and extent of exterior physical activities of the proposed use including common recreation areas and facilities, and common and/or private patios, porches, balconies and open spaces.

         (e)   The reasonably anticipated noise or other objectionable characteristics that will result from the proposed use, or as a result of any element of project design.

         (f)   The safe and convenient location of all on-site parking and drives.

         (g)   The existing vehicular traffic on area streets.

         (h)   The reasonably anticipated increase in vehicular traffic generated by the proposed development.

         (i)   The condition and capacity of area street(s) which will provide access to the proposed development.

         (j)   The visibility afforded to both pedestrians and operators of motor vehicles both on-site and off-site.

         (k)   The anticipated, existing and designed vehicular and pedestrian movements both on-site and off-site.

      (4)   The use meets all required conditions and specifications.

      (5)   The use will not injure, by value or otherwise, adjoining or abutting property or public improvements in the neighborhood or in the alternative, that the use is a public necessity.

      (6)   The location and character of the use if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan of the City of Greenville and its extraterritorial jurisdiction.

      (1)   Approve the application as submitted.

      (2)   Approve the application, subject to reasonable conditions or requirements.

      (3)   Table or continue the application.

      (4)   Deny the application.

   (5)   If approved, the special use permit shall be binding upon the application, successor and/or assigns and runs with the land.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 10-33, §§ 1, 2, 4-8-2010; Ord. 19-045, § 1, passed 9-12-2019; Ord. No. 21-019, §§ 10 - 16, passed 4-12-2021; Ord. No. 21-032, § 1, passed 6-21-2021)