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Greenville City Zoning Code

ARTICLE I

MULTI-FAMILY DEVELOPMENT

SEC. 9-4-141 APPLICABILITY.

   The standards established in sections 9-4-141 through 9-4-151 shall apply to new construction and conversions of all multi-family development except in the CD Zoning District where the standards are established in sections 9-4-152 and 9-4-153.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 94-156, § 5, passed 12-8-1994)

SEC. 9-4-142 PROCEDURES; REQUIRED REVIEW, CONTENTS.

   (A)   Required review. The developer shall submit a development plan to the Director of Planning and Development Services for review and approval prior to the issuance of any construction or building permits in accordance with the following:
      (1)   Site plan approval. For one structure containing three or more attached dwelling units and/or two or more dwelling structures located on a common lot.
      (2)   Preliminary and final subdivision plat approval. Shall be required in accordance with the Title 9, Chapter 5, Subdivisions of the Greenville City Code.
   (B)   Contents. Shall be as necessary to determine and ensure compliance with the standards, conditions and restrictions of the zoning and subdivision regulations and related laws. Specific site design elements, submission requirements and procedures are set forth in the Land Development Administration Manual which is incorporated herein by reference.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 19-045, § 1, passed 9-12-2019)

SEC. 9-4-143 DENSITY.

   (A)   The minimum lot area requirement per dwelling unit is as follows:
      (1)   All districts (except R-6A and CD).
         (a)   One-bedroom unit: 2,300 square feet (net) per unit.
         (b)   Two or more bedroom unit: 2,900 square feet (net) per unit.
      (2)   R-6A District.
         (a)   One-bedroom unit: 4,500 square feet (net) per unit.
         (b)   Two or more bedroom unit: 5,500 square feet (net) per unit.
      (3)   CD District. Shall be in accordance with section 9-4-153.
   (B)   For purposes of this section, the area within any public street right-of-way shall not be utilized to determine the net area.
   (C)   Area dedicated or deeded to the city pursuant to section 9-4-144(E) shall count toward net area for the purposes of density calculation.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2437, § 1, passed 3-12-1992; Ord. No. 94-156, § 6, passed 12-8-1994; Ord. No. 95-29, § 5, passed 3-9-1995)

SEC. 9-4-143.1 MINIMUM HABITABLE (MECHANICAL CONDITIONED) FLOOR AREA PER UNIT.

   (A)   The minimum habitable (mechanically conditioned) floor area requirement per dwelling unit is as follows:
      (1)   All districts (except R-6A and CD). None.
      (2)   R-6A District.
         (a)   One-bedroom: 650 square feet per unit.
         (b)   Two- or more bedroom unit: 1,000 square feet per unit.
      (3)   CD District. Shall be in accordance with section 9-4-153.
   (B)   For purposes of this section, minimum habitable (mechanically conditioned) floor area shall include clothes closets, cabinets and other similar interior storage areas except as further provided. The following shall not count toward or qualify as habitable floor area for purposes of this section: garages; attics; crawl spaces; storage areas accessed via a garage, attic or crawl space; storage areas utilizing outside (exterior) access; detached principal or accessory structures; screened or open porches, balconies and the like.
(Ord. No. 95-29, § 6, passed 3-9-1995)

SEC. 9-4-144 OPEN SPACE.

   (A)   Thirty percent of the net area shall be reserved as common and/or private open space.
   (B)   Public and/or private streets, driveways, off-street parking area, principal and accessory structures shall not be utilized in calculating or counting towards the open space requirement.
   (C)   Recreation areas may be counted as open space provided impervious surfaces constitute no more than 50% of the recreation area.
   (D)   Detached accessory structures shall not cover more than 20% of any individually designated, reserved or common area.
   (E)   If any portion of the area proposed for a multi-family development lies within an area designated in the officially adopted Greenway Master Plan as a greenway corridor, the area so designated shall be included as part of the area set aside to satisfy the open space requirements of this section. The area within the greenway corridor shall be dedicated and/or reserved to the public at the option of the city.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2437, § 2, passed 3-12-1992)

SEC. 9-4-145 DEVELOPMENT STANDARDS.

   (A)   Lot dimensions.
      (1)   Net area: 15,000 square feet.
      (2)   Primary width: 75 feet at the minimum building line.
      (3)   Secondary width: 16 feet, provided that when combined with adjoining common lots the total width equals or exceeds the primary width. Lots established prior to April 9, 1981 may have a minimum secondary width of 14 feet.
   (B)   Setbacks for principal structures.
      (1)   Public street right-of-way: 25 feet.
      (1)(A)   Public street right-of-way for single-family and/or two-family attached developments: 15 feet.
      (2)   Private street easement: Ten feet.
      (3)   Group development peripheral boundary: 20 feet.
      (4)   Single structure peripheral boundary:
         (a)   Side building wall elevation: Ten feet.
         (b)   Rear building wall elevation; 20 feet.
   (C)   Setbacks for accessory structures.
      (1)   Detached accessory structures:
         (a)   Public street right-of-way: 25 feet.
         (b)   Private street easement: Ten feet.
         (c)   Peripheral boundary: In accordance with Article G.
         (d)   No accessory structure shall be located in any front or side building wall elevation peripheral boundary, separation setback or yard.
         (e)   Shall not be located within ten feet of any principal or attached accessory structure or within five feet of any other detached accessory structure except as further provided under subsection (C)(1)(f) below.
         (f)   Detached accessory structures may share a common party wall of unspecified minimum length with other detached accessory structures; provided, however, if there is an offset of the wall, the offset or separation shall be not less than five feet.
         (g)   Shall not cover more than 20% of any individually designated, reserved or common area.
         (h)   Specific accessory structures such as satellite dish antennae and swimming pools shall comply with the applicable provisions of Article F.
      (2)   Attached accessory structures:
         (a)   For purposes of this section any accessory structure attached to a principal structure shall be subject to the height, open space, setback, building separation and bufferyard requirements of the principal structure except as further provided.
         (b)   Attached accessory structures may project into a rear building wall elevation peripheral boundary or rear building wall elevation separation setback provided the projection meets all of the following requirements:
            1.   The maximum individual projection, including and in addition to the requirements set forth under section 9-4-102. Projections into required yards shall not exceed ten feet;
            2.   Access to and from the accessory structure shall be by an exterior doorway. No interior window or doorway shall be permitted;
            3.   No attached accessory structure shall be considered or utilized as habitable space;
            4.   The combined horizontal dimension of all attached accessory structures shall not exceed 30% of the horizontal dimension of the exterior rear wall elevation of the common principal structure to which attached;
            5.   Attached accessory structures may share a common party wall of unspecified minimum length with other accessory structures; provided, however, if there is an offset of the wall the offset shall be subject to subsection (C)(2)(b)6. below;
            6.   Attached accessory structures, associated with a common principal building, which do not share a common party wall with other attached accessory structures shall be separated by not less than five feet; and
            7.   Shall not be located within ten feet of any adjacent principal or attached accessory structure or detached accessory structure.
   (D)   Setbacks for recreation areas.
      (1)   Active: No portion of an active recreation area shall be located within the peripheral boundary setback or less than 20 feet from any dwelling unit.
      (2)   Passive: May be located within the peripheral boundary setback in accordance with the bufferyard regulations.
   (E)   Building separation within group developments containing two or more principal structures on one lot of record.
      (1)   No portion of a principal structure front or rear building wall elevation shall be located less than 40 feet from an adjacent principal structure front or rear building wall elevation as measured at 90 degrees, except as provided herein.
      (2)   No portion of a principal structure side building wall elevation shall be located less than 20 feet from an adjacent principal structure as measured at 90 degrees, except as provided herein.
       (3)   Single-family and two-family attached group developments shall be exempt from subsections (E)(1) and (2) above, provided the structures meet all other requirements of this section.
      (4)   No portion of any principal structure shall be located less than 16 feet from any other principal structure as measured to the closest point.
      (5)   No two units or structures shall be considered attached unless the units or structures share a five-foot common party wall.
      (6)   Architectural extensions including but not limited to bay windows, chimneys, open porches and decks, roof overhangs and balconies shall not be considered in calculating building separation, provided the encroachments are not more than three feet.
   (F)   Building height. No structure shall exceed 35 feet in height above the property grade unless the required setbacks and building separations are increased one foot for each one foot or fraction thereof of building height in excess of 35 feet.
   (G)   Building length. No contiguous unit or series of attached units shall exceed a combined length of 260 feet, except as provided herein. Any building which exceeds 260 feet shall be designed and constructed with the appropriate firewall(s) and/or equipped with a sprinkler system in compliance with either the North Carolina State Building Code, General Construction, Volume 1, or the North Carolina Building Code, Volume 1-B, Residential, whichever is applicable, or both if both are applicable.
   (H)   Setback exemption. The minimum non-screening Bufferyard B setbacks set forth under section 9-4-119, and/or minimum street right-of-way building setbacks may be reduced by up to 10%, at the option of the owner, where the reduction is necessary to retain an existing ten-inch-plus caliper large tree, provided:
      (1)   The tree is determined, by the Director of Planning and Development Services or his or her designated representative, to be either natural growth (seedling) vegetation or that the tree has been in existence for not less than 20 years at the current location, otherwise previously transplanted trees shall not qualify for purposes of this section;
      (2)   That the reduction is indicated upon an approved site plan; including the location, type and caliper of the subject tree, and the building separation and future no-build zone as further described;
      (3)   That a building to tree trunk separation of not less than ten feet is maintained at the time of initial construction;
      (4)   No new future buildings, expansions or additions to existing buildings, or other impervious areas including parking areas and/or drives, shall be allowed to encroach into a designated future no-build zone, described as a ten-foot radius from the center of the trunk of the retained tree; and
      (5)   A six-inch or greater caliper large tree shall be substituted in replacement of any dead or diseased tree qualified under this requirement, at the location of the removed tree, within 60 days of removal of the tree by the owner or within the period following notice by the city.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2438, §§ 1, 2, passed 3-12-1992, Ord. No. 05-123, § 5, passed 10-13-2005; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 15-058, § 1, passed 10-8-2015; Ord. No. 15-024, § 1, passed 5-14-2015; Ord. No. 19-045, § 1, passed 9-12-2019; Ord. No. 21-019, §§ 18, 19, passed 4-12-2021)

SEC. 9-4-146 RECREATION AREA REQUIREMENT (PRIVATE).

   (A)   The recreation area requirement shall not apply to developments that:
      (1)   Contain less than two net acres; and/or
      (2)   Are located within a one-half-mile radius of a public recreation area.
   (B)   Common recreation areas shall be provided at a ratio of 100 square feet per dwelling unit.
   (C)   Any PUD zoning district development that has received a special use permit approval of a land use plan per the former Article J of this chapter prior to December 10, 2009 and such special use permit remains in effect, may continue under the approved special use permit and standards in effect at the time of the special use permit approval. The former Article J of this chapter is maintained on file in the office of the Director of Planning and Development Services and remains effective for the specified purpose as if set forth in this section.
   (D)   Section (C) above shall only apply to PUD district developments that have received special use permit approval of a land use plan prior to December 10, 2009.
   (E)   Planned unit development districts that have not received special use permit approval of a land use plan prior to December 10, 2009 shall be rezoned to a district other than PUD prior to development.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 09-99, § 1, 12-10-2009; Ord. No. 19-045, § 1, passed 9-12-2019)

SEC. 9-4-147 BUFFERYARD SETBACKS AND VEGETATION REQUIREMENTS.

   (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, § 2, passed 11-9-1995)

SEC. 9-4-148 PARKING REQUIREMENTS.

   (A)   Number of spaces:
      (1)   One-bedroom unit: One and one-half.
      (2)   Two-bedroom unit: Two.
      (3)   One visitor parking space for every ten dwelling units.
   (B)   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; Ord. No. 2465, § 1, passed 6-8-1992)

SEC. 9-4-149 GARBAGE/TRASH CONTAINER, RECYCLING CENTER AND COMPACTOR LOCATIONS.

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

SEC. 9-4-150 PRIVATE STREETS.

   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. Single-family and two-family dwellings shall only be located on public streets.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 14-049, § 4, passed 8-14-2014; Ord. No. 15-058, § 2, passed 10-8-2015; Ord. No. 23-040, § 1, passed 5-11-2023)

SEC. 9-4-151 COMPLIANCE WITH SUBDIVISION STANDARDS.

All developments regulated in accordance with this section 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; Ord. No. 21-032, § 1, passed 6-21-2021)

SEC. 9-4-152 APPLICABILITY.

   The standards established in sections 9-4-152 and 9-4-153 shall apply only in the CD Zoning District.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 94-156, § 7, passed 12-8-1994)

SEC. 9-4-153 DEVELOPMENT STANDARDS CD ZONING DISTRICT.

   (A)   Minimum habitable (mechanically conditioned) floor area per unit:
      (1)   One bedroom unit: 400 square feet.
      (2)   Two or more bedroom unit: 500 square feet.
   (B)   Minimum lot area: None.
   (C)   Minimum lot width: None.
   (D)   Minimum street, side and rear yard setbacks: None.
   (E)   Minimum parking: One-half space per bedroom.
   (F)   Parking location requirements:
      (1)   Each required parking space shall be located:
         (a)   On the lot containing the associated residential use;
          (b)   Within a remote parking facility located within 800 feet of the use it is intended to serve, as measured with and along an improved pedestrian path from the most distant parking space to the building entrance; or
         (c)   Within a remote parking facility located in a Downtown Commercial (CD) District.
      (2)   Such remote parking facility shall be in accordance with the applicable provisions of Article O.
   (G)   Compliance: All off-street parking areas designed for three or more spaces shall be in accordance with Article O.
   (H)   Preservation design: In order to protect the architectural integrity of existing buildings within the CD Zoning District, and in so doing to preserve the continuity of scale and design within those areas, the following requirements shall be met:
      (1)   All slip covers previously applied to the facade of existing buildings shall be removed.
      (2)   All canopies, except for those made of canvas, shall be removed from the facade.
      (3)   Where evidence exists of original windows and door openings subsequently enclosed, the windows and doors shall be reopened in an operable manner and in a style in keeping with the building. Where other unique architectural features remain, including cornices, mid-cornices and window surrounds, they shall be repaired and/or replaced with elements of like design.
      (4)   Nothing in this division shall supersede applicable North Carolina State Building Code requirements.
   (I)   Signage: All signs shall be erected in accordance with Article N of this chapter, but in no event shall be mounted over existing windows, doors or other architectural features described in subsection (H)(3) above.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 94-132, § 14, passed 10-13-1994; Ord. No. 94-156, §§ 8, 9, passed 12-8-1994; Ord. No. 09-59, § 3, passed 8-13-2009)
Editor’s note:
   Sections 15 and 16 of Ord. No. 94-132, adopted Oct. 13, 1994, repealed §§ 9-4-154, 9-4-155, which pertained to residential density bonus provisions and schedules of residential bonus and derived from Ord. No. 2337, § 1, adopted June 13, 1991.