Mocksville City Zoning Code
§ 8-3.8.73
Planned Mixed Conditional Development PMCD.
(A) Minimum size. A PMCD shall be located on a site containing at least four contiguous acres.
(B) PMCDs do not have any listed or permitted or special uses in § 8.3.3. Table of Uses. Rezoning to a conditional zoning district is required for each development. The approved uses shall be listed as specific conditions approved by the Board of Commissioners; PMCDs are primarily intended for single-family developments. A minimum of 15% of the development shall be common open space. A maximum of 20% of the total land of the development may be utilized for multi-family or non-residential uses. The compatibility, location, and appropriateness of any multi-family or non-residential uses proposed shall be carefully considered. Those non-residential uses will be permitted with conditions approved by the Board of Commissioners shall be reflected on the conditional zoning district supplement issued by the Zoning Administrator.
(C) Relationship to other applicable regulations. A PMCD shall be subject to all applicable standards, procedures and regulations of this chapter.
(D) Maximum density. Proposed maximum residential density shall be indicated in the PMCD application and the required site plan.
(E) Development standards. A PMCD shall meet the following standards:
(1) Outside perimeter lot setback requirements. Any lot which adjoins the outside boundary of the PMCD shall be considered an outside perimeter lot. Internal streets are those contained within the boundary of the PMCD. Adjoining streets are those not located within the PMCD but are adjacent to the outside boundary of the PMCD. The following setbacks shall be required for outside perimeter lots.
(a) Lots with access on an internal street. The rear yard setback requirement of the existing zoning district in which the PMCD is proposed shall be required.
(b) Lots with access on an adjoining street. The front yard setback requirements of the existing zoning district in which the PMCD is proposed shall be required.
(c) Corner lots with access either on an internal or adjoining street. The front yard setback requirements of the existing zoning district in which the PMCD is proposed shall be required on the adjoining street and the front yard setback requirements allowed in the PMCD shall be permitted on the internal street.
(d) Access drives. No loading space, parking space or access drive to a parking space shall be permitted within any required buffer yard.
(2) Required parking.
(a) Off-street parking.
1. Off-street parking shall be provided in compliance with § 8-3.4.4; except that, the parking requirements may be met through group parking located on commonly owned land.
2. Additionally, any required parking spaces located between the fronts of residential buildings and public rights-of-way or private access easements shall be at least 20 feet in depth and shown on the PMCD site plan. In no instances shall off-street parking spaces extend into public rights-of-way or private access easements. All off-street parking shall be on an improved surface constructed of concrete or asphalt.
(b) Special accommodations. Special accommodations for recreational vehicles, including boats, may be provided in group parking areas. Such special parking areas shall be designated and screened from adjacent residential uses.
(3) Private streets. Private streets are permitted in PMCDs at the discretion of the Board of Commissioners. Where permitted, all streets shall be built in accordance with the requirements of the North Carolina Department of Transportation, Division of Highways, with curb and gutter, shall serve as minimum guidelines for design. However, public streets may be required to ensure adequate street connectivity.
(4) Pedestrian access.
(a) Sidewalks shall be provided on at least one side of all streets, except when approved by the Town Board. Sidewalks shall be constructed of concrete, brick, or stone paving materials on a case- by-case basis or when consistent with an adopted Town streetscape plan. Sidewalks shall be a minimum width of five (5) feet. Vertical clearance along all sidewalks shall be at least eight (8) feet.
(b) Pedestrian and other modes of non-vehicular movement shall be provided.
(5) Lot dimensional requirements and spacing of structures. Lot and setback dimensional requirements for individual lots within a PMCD are flexible, except for a minimum ten-foot building setback from public rights-of-way and private access easements. Minimum distances between single-family, duplex and twin home structures shall be as follows:
(a) Front or rear facing front. The minimum distance between the front wall of one structure and the rear wall of another structure, or the front walls of structures oriented to face each other, shall be not less than 30 feet from one another.
(b) Rear facing rear. Dwellings oriented back-to-back shall be subject to the following provisions:
1. The minimum distance between rear walls of the dwellings shall be no less than 30 feet.
2. Accessory structures shall only be permitted in the intervening space between principal dwellings oriented back-to-back or to the rear yard of the principal dwelling.
3. Front facing side. The minimum distance between the front wall of the structure and the side wall of another structure shall not be less than 16 feet to allow for fire lanes.
4. Side or rear facing side. The minimum distance between the rear of a structure and side of another structure, or the minimum distance between the side walls of structures, shall not be less than 16 feet to allow for fire lanes.
5. Front loaded garages. All front-loaded garages shall be set back no less than 20 feet from public rights-of-way or private access easements.
6. Perimeter buffer. Where perimeter lots in PMCDs do not meet the minimum lot area and dimensional requirements of the surrounding zoning district(s), a minimum 30-foot buffer is required between these lots and the adjacent Single-family Zoning District (The Single-family Zoning Districts are OSR, OSR-C, NR, NR-C, TND, TNDCD, GR, and GR-C). The buffer shall contain a minimum of four canopy trees, ten understory trees and 33 shrubs per 100 linear feet. The planting material comprising the buffer shall be spread across the width of buffer and not just planted in rows. The intent of this section is to soften the appearance of the development and not necessarily screen it from view. Shrubs shall be expected to reach a minimum height of 36 inches, and a minimum spread of 30 inches within three years of planting. Understory trees shall be a minimum of four feet high with a minimum caliper of one inch, measured six inches above grade when planted. Canopy trees shall be a minimum of eight feet in height and two inches in caliper, measured six inches above grade, when planted. When mature, a canopy tree should be at least 40 feet high and have a crown width of 30 feet or greater. A minimum of 25% of the understory trees and 75% of the shrubs shall be evergreens. The preservation of existing stands of trees and shrubs is strongly encouraged and can be credited toward meeting this requirement if sufficiently demonstrated on the site plan and accompanied by pictures. This buffer shall be located on commonly owned land and shall be considered open space as described in division (E)(6) below. Where any individual lot in the PMCD does not meet the dimensional and area requirements of an abutting Single-family Zoning District, the buffer shall be required along the entire length of the PMCD that abuts the existing development.
(6) Common open space.
(a) Area. Common open space shall not be less than 15% of the total development area. Open space shall be held in common ownership by a homeowner's association, a private non-profit conservation entity or accepted by the town as public open space.
(b) Limitations on flood hazard land as open space. Land within a floodway or floodway fringe, as defined by FEMA, may be used to provide not more than 50% of the required open space.
(c) Qualification. To qualify as open space, land shall be usable for recreation purposes or shall provide visual, aesthetic or environmental amenities and may not be occupied by streets, drives, parking areas, or structures. At least 30% of the gross area (unless otherwise allowed by the Board of Commissioners) dedicated (for open space) must be suitable for and designed to be used as active recreation space (for example, walking trails, ball fields, community swimming pools, playgrounds and the like).
(d) Access to open space. All property owners within the development shall have access to open space by means of a public street or improved walkway located in an easement at least 15 feet in width.
(e) Open space connectivity requirements. Where practicable, areas of open space within a PMCD shall be connected. Separate areas of active open space on site shall be connected by a sidewalk or pedestrian path consisting of an all-weather surface. Open space in PMCDs shall adjoin open space in neighboring parcels where practicable. If public parks or greenways are present on adjacent sites, a pedestrian connection to these resources shall be made from the PMCD.
(f) Maintenance of open space. Maintenance of the open space, as shown on the approved plan, shall be required in perpetuity and shall be the responsibility of the homeowner's association.
(7) Alternative compliance. Alternative compliance measures may be proposed which vary from the strict application of the above requirements in order to accommodate the unique character of the site or to utilize innovative design. Alternative compliance may be granted by the Board of Commissioners upon a finding that the proposed alternative fulfills the intent of this chapter as well as, or better than would strict compliance with the requirements of this subchapter.
(8) Architectural standards for residential dwellings. In order to improve and maintain the quality of residential neighborhoods, protect the investments of residents and promote the interests of the community as outlined in the town's adopted land use plan, the developer may submit a list of voluntary architectural standards to be incorporated throughout the PMCD to planning staff with the application. Standards submitted may address the following issues: roof pitch, building materials, foundation type and facing materials, fences (front and rear), pools, accessory buildings, porches, decks, articulation, garages and number and frequency of dwelling design.
(9) Parking areas, sidewalks, and commercial building entrances shall be lit in order to contribute to the security of the property and to facilitate the safe passage of persons using these areas after dark. However, measures shall be provided to minimize light spillover onto adjacent properties and glare toward motor vehicle operators.
(10) Outdoor lighting shall meet all of the following requirements: (1) The maximum height for lighting (pole mounted and wall mounted) shall be 20 feet, including the base/mounting fixture; (2) floodlights are not permitted for parking lot illumination; (3) lighting shall be directed downward and light spillover minimized with the use of hoods and similar devices; (4) lighting fixtures that produce glare visible from adjacent property(s) and public rights-of -way are prohibited; and (5) light fixture designs shall meet the approved specifications of the Town Center District.
(2003 Code, § 8-3.8.73) (Updated 2009) (Amended 11-7-2024)