1200 Intent - The intent of this section is to encourage developers to use land and public services more efficiently by promoting a unified design for a number of housingunits, integration of multi-family housing types, flexibility in the relation of buildings to each other, and the relation of buildings to open space, livability space and recreation space. Under the planned residential development concept, limited commercial development may be allowed in a residential development.

1201 Ownership Control - The land in a multi-family development shall be under single ownership or management at the time of construction or proper assurances shall be provided that the project can be successfully completed by the parties involved.

1202 Land Area Requirements - The following Land Use Intensity (LUI) conversion chart shall be used in determining the land area or space required for residential floor area, the open, livability, and recreation spaces in a multi-family development.

*R-12 Multi-family uses permitted in this zone must be at least five (5) acres in size.

**Open space includes the livability space, (including recreation space) and spaces for parking required in Article X of the ordinance, as well as vacant or undeveloped land.

1203 Definition of Terms

Floor Area Ratio (FAR): The maximum square footage of total floor area permitted for each square foot of land area. The (FAR) determines the maximum residential floor area, which is the sum of all the area used for residential use, or of all dwelling units measured from the outside faces of the exterior walls including halls, lobbies, stairways, elevator shafts, enclosed porches, balconies, and below grade floor areas used for habitation and residential access. The maximum residential floor area shall not exceed the number of square feet derived by multiplying the gross residential land area by the floor area ratio (FAR). The following areas are not included when computing maximum allowable floor area:

Open terraces, patios, or balconies

Carports and garages

Basement space not used for living accommodations

Any commercial or other non-residential space

Special purpose areas such as recreation rooms and special halls

Staff space for therapy and examination in group care housing

Open Space Ratio (OSR) - The minimum square footage of open space required for each square foot of land area. Open space is the total gross residential land area not covered by buildings or open space closed to the sky, but having two clear unobstructed open or partially open sides. Partially open means open fifty (50%) percent or more. The minimum open space required shall not be less than the number of square feet derived by multiplying the gross residential land area by the open space ratio.

Livability Space Ratio (LSR) - The part of the total open space appropriately improved and located as outdoor living space for residents and for aesthetic appeal. Such space includes lawns, landscaped areas, walkways, paved terraces, and sitting areas. Such space may include natural areas provided that undergrowth and noxious weeds are cleaned initially and the areas maintained regularly to minimize regrowth. The minimum livability space required shall not be less than the number of square feet derived by multiplying the gross residential land area by the livability space ratio.

Recreation Space Ratio (RSR) - The minimum square footage of recreation space required for each square foot of land area. Recreation space is the exterior area appropriately improved for common recreational use and is included in the required livability space. Minimum recreation space required shall be derived by multiplying gross residential land area by the recreation space ratio (RSR).

Multi-family Development - A residential development under single ownership consisting of multi-family buildings including townhouses, garden apartments, duplexes and/or efficiency apartments for rent.

Planned Residential Development - A residential development which is designed as a whole and may encompass a variety of housing types, including clustered single family dwellings, townhouses and apartments for sale or rent and may also include limited commercial activities.

1204 Minimum Tract Size - There is no minimum acreage or tract sizes in the R-9 and R-6 districts. The minimum acreage for a multi-family development in a R-12 district shall be five (5) acres.

1205 Minimum Yard Requirements - Every multi-family development shall provide a front, rear, and side yard. The minimum front yard shall conform with the front yard requirements of the district the development is located in. The minimum side yard shall be fifteen (15') feet.

The minimum rear yard shall be thirty (30') feet. The yard area required may be used in meeting the minimum land area requirements of the open and/or livability space ratio. Required yard areas shall not be used in meeting the minimum land area requirements of recreation space ratio nor in meeting parking requirements.

1206 Spacing of Buildings - The minimum distance between buildings on tract shall be determined by the North Carolina Building Code, Volume I, General Construction, as amended. This distance is designed to insure adequate open space, keep the density of development within reasonable bounds, reduce the dangers of fire to adjacent buildings, minimize the effect of noise, and provide for privacy.

1207 Building Height - The maximum building height shall not exceed thirty-five (35) feet in a R-12 District. There is no maximum building height for multi-family dwelling units in a R-9 or R-6 district except as may be required by the North Carolina Building Code, Volume I, General Construction.

1208 Land Usage - The land area or space required for residential floor area, open space, livability space, and recreation space, in a multi-family development shall be determined by using the LUI conversion chart. In no multi-family development shall the maximum residential floor area be exceeded nor shall the land area for open space, livability space, or recreation space and the required parking spaces be less than the minimum required.

1209 Open Space Requirements - For the purpose of this section open space shall be defined as landscaped areas, areas used for leisure activities, passive and active recreational uses, and undeveloped areas preserved in their natural condition as well as parking areas. The minimum area required for open space uses shall be determined by the open space ratio for the district in which the development is located. This ordinance distinguishes between two types of open space ownership, common and private.

1209.1

Common Open Space - That open space owned by a Home Owners Association (HOA), a non-profit corporation in which all the owners of property within the development are members and are financially obligated for the maintenance of the open space areas. The membership rights and assessment obligations of the HOA shall be covered by covenants which run with the land and bind all present and subsequent property owners to maintenance assessments for all commonly owned areas. The covenants shall include provisions for placing liens against individual properties for the failure of property owners to contribute to the maintenance of commonly owned property.

The HOA's articles of incorporation and rules shall be reviewed and approved by City Attorney as to legal content and effect. The approval of the HOA shall be subject to the content of legal instruments setting forth a manner of permanent care and maintenance of commonly owned open space areas and facilities. A Certificate of Occupancy shall not be issued by the Building Inspector until he has received a favorable recommendation from the City Attorney stating that the articles, regulations, and covenants of said HOA comply with the intent of this section.

1209.2

Private Open Space - That open space maintained by the developer or some professional maintenance company in rental developments. In order to insure that the development's open space will remain open and not be filled with more buildings at a later time, the developer or whoever owns the open space shall file an open space covenant with the City. The covenant shall define the open space areas of the development and state how these areas will be maintained. No buildings, structures, or facilities shall be constructed on said open space without the consent and authorization of the City Council, except facilities or buildings constructed for active and passive recreation use. The covenants shall run with the land described and shall be binding upon the legal representative, successors, and assignees, of the legal owner. The City Attorney shall review all covenants as to their content, effect, and compliance with the intent of this section. The Building Inspector shall not issue a Certificate of Occupancy until he has received a favorable recommendation from the City Attorney stating that the articles and regulations of the covenant are in proper order and comply with the intent of this section.

1210 Limited Commercial Facilities - In a Planned Residential Development, limited commercial facilities may be permitted to serve the Planned Residential Development, provided that such facilities occupy no more than five (5%) percent of the allowed floor area, are conducted within one of the permitted structures and have a sign of no more than four (4) square feet.

1211 Single Family Attached Housing (Town-Patio or Row Houses)

Intent:

The intent of this section is to direct developers in the use of land and public services through the appropriate use of lots and areas for construction of single family attached dwelling units, such as Townhouses, Patio houses, and Row houses where sale of land is involved.

1211.1

General Requirements

1211.11 Lot area shall be the minimum as set forth in the zoning district.

1211.12 Lot area for each single-family attached dwelling shall be a minimum of 1500 square feet when unit includes both front and rear yards.

1211.13 Density of units shall be figured in relation to the Land Use Intensity Chart in Section 1202 for floor area ratios.

1211.14 Height requirements shall be as required under the zoning district.

1211.15 Lot requirement for front, rear and side yards shall be as required under the zoning district.

1211.16 Lot width for individual units shall be a minimum of 12 feet.

1211.17 Percent of lot area for occupancy by principal structure shall not exceed 50%.

1211.18 Accessory buildings may be allowed provided it is located in the rear yard, does not exceed 120 square feet in area and 12' in height and architecturally in keeping with the principal structure.

1211.19 Not more than eight (8) units shall be attached together in a continuous row.

1211.20 Home Owners Associations - Shall be required whenever there is open space as defined under Section 1209 of the Zoning Ordinance. When maintenance of yards, open grounds, parking areas, etc., are performed or intended to be performed by other than individuals having fee-simple title HOA agreement shall be presented at time of submittal of proposed development.

1211.21 Parking shall be required under Article X of the Zoning Ordinance.

1211.22 Signs shall be as permitted under Article XI of the Zoning Ordinance.

1211.23 Site Plans shall be submitted in accordance with Article III, Section 1302.2 of the Zoning Ordinance