The table below contains the dimensional standards for the various zoning districts applicable to new structures and/or uses.

Table 6-1. Lot & Yard Dimensional Standards

1.

In the I-1 district above, the space created by the front yard setback line shall remain unobstructed except for landscaping. The rear yard space may be used for off-street parking; provide, however, that in the event the rear and/or side line faces a residential district, the space created by the rear and/or side yard setback shall remain clear and unobstructed, unless a planting screen is maintained along the property line of such type and height as to obscure from view any automobile parked on the lot.

2.

In the I-P district above, a setback of two hundred (200) feet shall be maintained from all exterior boundaries of the industrial park. This does not refer to interior lots within the park.

3.

Special use requirements take precedence. Area, yard and height requirements as specified in the issuance of a special use permit shall take precedence over area, yard and height requirements as set forth in chapter 6 herein.

4.

In all areas within one thousand (1,000) feet of any public aircraft landing field, a structure exceeding thirty-five (35) feet shall be permitted only upon a finding by the board of adjustment after a public hearing that is does not constitute a menace to safety.

5.

Chimneys, belfries, conveyors, cupolas, derricks, domes, gasholders, fire towers, flagpoles, flues, monuments, smokestacks, transmission towers, ventilators, water towers, tanks, radio towers, poles, antennae, wires, wireless communications towers and similar structures may be erected to any height in accordance with existing or hereafter adopted LDC of the city, provided the foundation guy wires, support or Anchorage of the structure is constructed in an acceptable method and approved by the inspection services administrator, or authorized agents. In locations where Federal Aviation Agency (FAA) regulations are applicable, such structures shall comply with FAA requirements. The provisions of this table of area, yard and height requirements of this LDC do not apply to the enumerated items.

6.

Within the central city area, the height limitation for buildings within the office and institutional zoning district may be constructed to a maximum height of eighty-five (85) feet.

7.

Corner lots. Relative to a corner lot, a side yard setback consisting of one-half (½) of the distance of the required front yard setback up to a maximum of twenty (20) feet shall be maintained between the prospective building and the side street. This requirement shall not be applied so as to reduce the building width of a residentially zoned corner lot of record at the time of passage of this LDC to less than thirty (30) feet, nor to prohibit the erection of any accessory building where this requirement cannot reasonably be complied with as determined by the board of adjustment.

8.

Relative only to any buildings being developed under the regulations for attached dwelling units for rental or individual ownership, the side yard or separation between buildings for end dwelling units shall be at least fifteen (15) feet.

9.

Within nonresidential districts, the minimum lot area shall be seven thousand (7,000) square feet for the first two (2) dwelling units and two thousand five hundred (2,500) for each additional dwelling unit where residential land uses are developed.

(Ord. No. O-05-34b, § 1(Att. A), 5-9-05; Ord. No. O-06-19, §§ 2a—2c, 3a, 3b, 3-13-06; Ord. No. O-09-2, § 4, 1-12-09; Ord. No. O-21-68, § 5, 8-9-21)

A.

Variance for prior lots of record. Notwithstanding the other setback provisions of this LDC a building or structure may be constructed and occupied by one (1) family on any lot meeting all of the requirements of one (1) line of the following table:

Table 6-2. Prior Lot of Record Variance

B.

Notwithstanding the other setbacks provisions of this LDC, a duplex or multifamily structure in accordance with the table of permitted uses and lot area regulations may be constructed and occupied on a lot having less than sixty (60) feet of lot frontage, provided that side yard setbacks of eight (8) feet and ten (10) feet are adhered to. Required front and rear yard setbacks shall be adhered to as specified in the preceding chart for prior lots of record.

C.

Regardless of front, rear and side yard setbacks, single-family residential structures existing on or before October 9, 1978, and which are located in a zone allowing duplex construction may be converted to duplex structures within the Central City area, herein, except that this conversion shall not be allowed within the primary fire district. Conversions of single-family dwelling units to duplex dwelling units shall not increase any nonconformities with front, rear or side yard setbacks. The parking provisions and all other applicable provisions of this LDC shall be enforced. The following additional standards shall apply:

a.

Corner lots. Relative to a corner lot, a side yard setback consisting of one-half (½) of the distance of the required front yard setback up to a maximum of twenty (20) feet shall be maintained between the prospective building and the side street. This requirement shall not be applied so as to reduce the building width of a residentially zoned corner lot of record at the time of passage of this LDC to less than thirty (30) feet, nor to prohibit the erection of any accessory building where this requirement cannot reasonably be complied with as determined by the board of adjustment.

D.

Relative only to any buildings being developed under the regulations for attached dwelling units for rental or individual ownership, the side yard or separation between buildings for end dwelling units shall be at least fifteen (15) feet.

E.

Front yard setbacks for prior lots of record. If a vacant lot is adjacent a lot where an existing dwelling is located which is constructed less than the required minimum front yard setback, the required minimum front yard setback for the vacant lot shall not be less than the existing front yard setback for the adjacent dwelling. In cases where existing dwellings are located on both sides of the vacant lot, and each is constructed less than the required minimum front yard setback, the required minimum front yard setback for the vacant lot shall not be less than the average of the two (2) existing dwellings. Corner lots shall maintain a front yard setback as set forth in Table 6-2, and the street side yard shall be a minimum of one-half (½) of the distance and not less than ten (10) feet required for the front yard setback.

F.

Annexed Areas. A staff variance may be granted to additions made to buildings or structures that are located in areas annexed by the city or areas added to the extraterritorial jurisdiction. To qualify a building or structure shall be existing on a recorded lot prior to adoption of the annexation ordinance or extraterritorial jurisdiction expansion ordinance. All vacant lots in these designated areas shall comply with Table 6-1.

Table 6-3, County Zoning Conversion Table

(Ord. No. O-05-34b, § 1(Att. A), 5-9-05; Ord. No. O-09-107, § 4, 10-12-09)

Notwithstanding the other setbacks provisions of this section, the following exception is permitted:

A.

Steps, fire escapes, stairways, balconies and chimneys may only project into a minimum yard not more than four (4) feet, and an unenclosed porch or deck may project into the required front or rear yard not more than ten (10) feet.

B.

Sills, cornices, buttresses, ornamental features and similar items may project into a required yard not more than thirty (30) inches.

C.

Carports open on three (3) sides may encroach on a side yard to a distance of not less than five (5) feet from a side lot line, except on the street side yard of a corner lot where the setback shall be one-half (½) of the distance of the required front yard setback up to a maximum of twenty (20) feet. Storage areas may be constructed across the rear of a carport open on three (3) sides that encroaches on a side yard, provided such storage area shall not contain more than seventy-two (72) square feet nor constitute more than eighteen (18) percent of the area contained in the carport, whichever is less.

D.

When the adjacent lots of record are under single control by a lease agreement or combination of ownership and lease agreement, temporary structures such as mobile homes, mobile offices, utility buildings, accessory buildings, etc., may extend across any common lot line(s) of the adjacent lots of record under such lease agreement. The location of such structures shall not conflict with any off-street parking requirements, on-site traffic circulation or other applicable regulatory codes. Upon the expiration of the lease agreement, such structures must be moved to conform to the standard side or rear yard setback of the district within sixty (60) days of the expiration of the lease agreement.

E.

Retaining walls. The setback and yard requirements of this LDC shall not apply to a retaining wall not more than five (5) feet high, as measured from the lowest ground elevation to the top of the wall. The board of adjustment may permit a retaining wall greater than five (5) foot height where it finds that due to the topography of the lot such a wall is necessary.

F.

In residential zones, inclusive of the O-I zone, fences and walls not over four (4) feet high may project into or enclose any front yard; however, no fence may be constructed on or in a public street right-of-way. Fences and walls over four (4) feet high may be extended no closer to the street right-of-way line, which parallels the front property line, than the front corner of the main building situated on the lot or twenty-five (25) feet from said street right-of-way, whichever is greater. Side and rear yards may be enclosed by fences and walls six (6) feet, six (6) inches high. Fences and walls along side and rear lot lines may be constructed to a maximum height of eight (8) feet if approved by the planning board as part of the residential planned building group review process.

G.

Only conforming industrial and business land uses (with the exception of an O-I zone) may have a solid or open fence or wall erected to a maximum height of ten (10) feet except as required by this LDC. An open fence or wall is one that has openings through which clear vision is possible from one (1) side to the other on a horizontal plane, and such openings occupy fifty (50) percent or more of the area of the fence or wall. A fence or wall that does not qualify as an open fence or open wall shall maintain a setback at entrances and exits of the site to provide an adequate sight distance easement as determined by the establishment of an isosceles triangle having legs of thirty-five (35) feet in length on each corner side of said entrance or exit, and the same sight distance easement shall be applied to the corner of nonresidential lots which are characterized by a street intersection.

H.

Fences and walls may be erected for existing dwelling unit(s) in a nonresidential zone under the aforementioned fence and wall specifications applicable in residential zones.

I.

Outside storage. Any outside storage not enclosed within the confines of a building, such as boxes, crates, trash piles, machinery that results from the commercial operation that is a part of, shall be enclosed or hidden from view along any property lines adjacent to or in residential zones by a wall, solid fence and/or screening at least six (6) feet in height. Open display of merchandise for sale is not required to be screened provided all other applicable provisions of this LDC have been met.

J.

Accessory buildings. Garages and accessory buildings to a residential use may be constructed in the rear yard provided they are detached from the primary structure or attached only by a covered walk, carport, porch or similar structure opened on two (2) sides and located no closer than five (5) feet to any adjoining lot line, except on street side yard of a corner lot where the setback shall be one-half (½) of the distance of the required front yard setback up to a maximum of twenty (20) feet. Accessory buildings located in a side yard shall meet the requirements for the principle structure in the district in which it is located.

K.

Side yards. Where a lot in a B-4 District abuts a lot in another zone, the side abutting such lot shall maintain a minimum side yard of ten (10) feet. Side yard provided but not required. Where any side yard is provided, though not required, the same shall be not less than three and one-half (3½) feet.

L.

Canopies. Any nonresidential land use that incorporates a canopy which is totally or partially supported by a structural pillar (upright support), such as but not limited to canopies over gasoline pumps, said canopy may extend to the street right-of-way line, or property line of a non-residentially used or zoned property if no street right-of-way line is involved, provided that each pillar is located at least ten (10) feet from a property line and the canopy is open on all four (4) sides. Any side of a canopy may be enclosed provided that side meets the required yard setbacks. The canopy roof shall be located horizontally and vertically at least fifteen (15) feet from any electrical conductor (line) and in accordance with NESC National Electric Safety Code, whichever is greater.

M.

Zero lot line. One (1) of the two (2) side yards required for single-family dwelling units may be eliminated in the PDR, O-I and R-6MFA. Non-residential uses in the O-I zoning district and all approved uses in the business zoning districts which share common party walls may have one (1) or more side yards eliminated; however, end units shall have only the side yard sharing a common party wall eliminated. All zero lot line subdivisions shall comply with the following:

1.

The zero lot line provision shall be allowed in only subdivisions that are designated by the planning board. The zero lot line provision may be applied only in subdivisions of land that have not been previously placed on record; However, non-residential uses in the O-I zoning district and all approved uses within the business districts may utilize the zero lot line in re-subdivisions subject to approval by the DRC and the planning board. All subdivisions in which the zero lot line provision is utilized shall have written on both the construction and final plates [plats] the following words in letters at least one-half (½) inch high: zero lot line provision to be utilized in the subdivision of land.

2.

All lot lines which are to be designated as zero lot lines must be clearly labeled as zero lot lines on both the construction and final subdivision plats approved by the city.

3.

Two (2) single-family dwelling units situated on separate lots of record may abut a common lot line and share a common structural wall.

4.

All lots employing the zero lot line provision must provide for a side yard opposite the designated zero lot line which is at least twice the required minimum of one (1) side yard of the zone in effect.

5.

Construction is allowed within the area enclosed by the minimum building lines. The building may be constructed up to the zero lot line but is not required to be built on the line.

6.

When a single-family dwelling unit abuts a zero lot line and does not share a common structural wall with another single-family dwelling unit, a five (5) foot maintenance easement contiguous to the zero lot line wall on the adjoining lot shall be reserved and shown on both the preliminary and final plats approved by the city. This maintenance easement shall be reserved to the property owner for home maintenance purposes and shall be granted by title transfer.

7.

A two (2) foot eave protrusion shall be permitted across the zero lot line into the adjoining lot when two (2) single-family dwelling units do not share a common structural wall.

8.

Any dwelling unit wall abutting a zero lot line shall be a structural wall. No porches, open or enclosed by transparent or translucent walls, shall be permitted to be constructed in the wall adjacent to the zero lot line.

9.

This zero lot line provision may be employed on the properties zoned PDR, R-6MFA and O-I classifications which are lots of record, regardless of any previous subdivision approval by the city.

10.

These requirements under the zero lot line provision are not applicable to attached dwelling units for individual ownership located on lots having less than sixty (60) feet of street.

11.

Under no circumstances shall two (2) unattached dwelling units utilize the zero lot line provision on a common lot line.

12.

In locations where a subdivision proposes to employ the zero lot line concept and said subdivision is adjacent to an existing recorded single-family subdivision not utilizing the zero lot line concept, developed or undeveloped, the planning board may require one (1) tier of lots not employing the zero lot line concept to be developed around the perimeter or portion thereof of the subdivision in which the zero lot line concept is to be employed.

13.

This zero lot line may not be employed to allow the subdivision of existing structures without meeting the construction regulations of the NC State Building Code.

14.

When zero lot line subdivisions share common areas as parking lots, freestanding signage and other service components, all plans including the construction and final plats shall be labeled to clearly indicate that such common areas are being shared. When required by the DRC, cross access easements shall be provided.

15.

Non-residential zero lot line subdivisions that give the appearance of office/shopping complex, etc. shall be limited to one (1) freestanding business identification sign for the entire site.

N.

Handicap access facilities. The director of development services or designee may grant a relief from up to fifty (50) percent of the required front, side, or rear dimensional yard setbacks to permit construction of handicap access facilities (walk, ramp, etc.) per North Carolina Accessibility Code provided such facilities are not enclosed within the standard required yard setback. The Director shall consider that no handicap access facility alternative to the building is feasible and vehicular access to the rear and front yards will not be prohibited if a relief is granted. The applicant shall provide the Director a letter from a physician indicating the need for a handicap access facility. Relief of greater than fifty (50) percent of the required dimensional yard setback will require approval of the Board of Adjustment in accordance with Section 509.

(Ord. No. O-2005-34b, § 1(Att. A), 5-9-05; Ord. No. O-2009-107, § 5, 10-12-09; Ord. No. O-2018-78, § 3, 8-13-18)

Special setback lines of ten (10) to fifteen (15) feet on both sides of city council approved arterials for proposed future street widening and improvements are hereby established on the arterials listed in the city council adopted administrative procedures manual. These special setback lines shall be considered a future street right-of-way line. The special setback line provided there herein shall be in addition to the setback required in the yard regulations for the district in which the building is located. These special setback lines shall be observed by all buildings and structures hereafter constructed along both sides of the arterials. The director of public works may waive the additional setback requirement if the right-of-way needed for proposed street widening and improvement projects is dedicated to the city prior to development.

_____

(Ord. No. O-21-2, § 4, 1-11-21)

_____

An affordable housing density bonus may be utilized at the time of site development plan or major subdivision approval subject to the following:

A.

The maximum permitted residential density may be increased up to one hundred (100) percent if twenty (20) percent of the dwelling units are designated as affordable housing.

B.

All the affordable housing dwelling units shall be located within the overall project boundary.

C.

Dwelling units added through density bonus shall not increase the amount of open space otherwise required for the project.

D.

Affordable units shall be incorporated throughout the project and shall not be distinguishable from market-rate units through location, grouping, unit size, interior finishes, or exterior design.

E.

All affordable housing proposed within the project shall be provided prior to, or concurrently with, any bonus units.

F.

Projects including affordable units must provide a declaration of deed restriction ensuring that rents or sale prices will remain affordable for at least fifteen (15) years after completion, increasing by no more than three (3) percent per year, or the annual increase in the Consumer Price Index, whichever is lower.

1.

A for sale dwelling unit must be available to income qualified households for the initial sale. There are no limits on increases in income after closing if the unit remains the household's principal residence.

2.

A rental dwelling unit will no longer qualify as affordable housing if household income rises above eighty (80) percent AMI after initial occupancy.

G.

Compliance measures may be required at the time of approval, including, but not limited to, contracts, restrictive covenants, deed restrictions, and stipulated penalties.

H.

An annual report shall be provided to the city which identify the incomes of persons residing in affordable housing, and the housing costs including rents, mortgages, utilities, association fees being charged, to verify the units qualify as affordable housing dwelling units.

(Ord. No. O-21-84, § 3, 10-11-21)