Town of Siler City - Unified Development Ordinance ARTICLE XII - Density and Dimensional Regulations

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1 ARTICLE XII - Density and Dimensional Regulations 167 Minimum Lot Size Subject to the provisions of 173 (Cluster Subdivisions) and all lots in the following zones shall have at least the amount of square footage indicated in the following table: Zone Minimum Square Feet C-C, G-C, H-C, L-I, H-I 0 R-3 3,000 B-1 5,000 R-6, R-MH 6,000 O-I 7,000 R-10 10,000 R-20 20,000 A-R 40,000 LF-1 250,000 Amended May 3, 2004, August 18, 2014, June 19, 2017, July 16, Residential Density (a) Subject to Article VIII, 168(b), and the provisions of 173 (Cluster Subdivisions) every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number. Zone Minimum Square Feet Per Dwelling Unit R-3, C-C, G-C 3,000 B-1 5,000 R-6, R-MH 6,000 O-I 7,000 R-10 10,000 R-20 20,000 A-R 40,000 (b) Two family attached residences shall be allowed as a permitted use by the administrator in the R-3, R-6, R-10, A-R, C-C, B-1, and O-I districts with a minimum lot area of 150 percent of the minimum square feet requirement for the respective district. Zone Minimum Square Feet Per Dwelling Unit R-3, C-C 4,500 B-1 7,500 R-6 9,000 O-I 10,500 R-10 15,000 A-R 60,000 (c) With respect to multi-family development with three or more dwelling units, the minimum lot size shall be determined by adding an additional 50% of the required minimum square footage for each additional dwelling unit. Example 1: Twenty unit multi-family complex in R-10 zone 10,000 + (19 x 5,000 square feet = 95,000) = 105,000 square feet required The density for multi-family developments shall be determined by calculating the total lot area included in the development and subtracting any area located within road and railroad right-of-ways. Amended April 15, 1996, August 18, 2014, June 19, 2017, July 16, 2018 XII-1

2 169 Minimum Lot Widths (a) No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to constructing it as a building that: (1) Could be used for purposes that are permissible in that zoning district, and (2) Could satisfy any applicable setback requirements for that district. (b) Without limiting the generality of the foregoing standard, the following table indicates minimum lot widths that are recommended and are deemed presumptively to satisfy the standard set forth in 169(a). The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at the opposite sides of the lot. Zone Lot Width (in feet) C-C None R-3, B-1 50 R-6, R-MH 60 O-I 70 R A-R, R-20, G-C, H-C, L-I, H-I 100 LF (c) No lot created after the effective date of this ordinance that is less than the recommended width shall be entitled to a variance from any building setback requirement. Amended May 3, 2004, August 18, 2014, June 19, 2017, July 16, Building Setback Requirements (a) Subject to 171 and 172 and the other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line or to the street right-of-way line or centerline than is authorized in the table set forth in this section. Zone Building Setback Front/Street Lot Boundary Line (in feet) Building Setback Side/Rear Lot Boundary Line (in feet) A-R R R R-MH R R C-C 0 0 B O-I G-C 15 0 H-C 10 0 L-I H-I LF (1) If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the street centerline. (2) As used in this section, the term "lot boundary line" refers to lot boundaries other than those that abut streets. (3) As used in this section, the term building is defined in 18. (4) Without limiting the generality of the foregoing, the follow structures shall be deemed to fall within this description. XII-2

3 (a) Gas pumps and overhead canopies or roofs. (b) Any fence taller than six (6) feet (as measured from the highest adjacent grade to the top of the fence) and substantially opaque shall meet all yard building setbacks. Exception: A substantially opaque fence located within the L-I, H-I, or H-C zoning districts shall meet all yard building setbacks if the fence is taller than eight (8) feet. (5) Notwithstanding any other provision of this ordinance, a sign may be erected on or affixed to a structure that (i) has a principal function that is something other than the support of the sign (e.g., a fence), but (ii) does not constitute a building as defined in this ordinance, only if such sign is located so as to comply with the setback requirement applicable to freestanding signs in the district where such sign is located. (b) Whenever a lot in a higher density residential district (example R-3) has a common boundary line with a lot in a lower density residential district (example A-R), and the property line setback requirement applicable to the lower density residential lot (example A-R) is greater than that applicable to the higher density residential lot (example R-3), then the lot in the higher density residential district (example R-3) shall be required to observe the property line setback requirement applicable to the adjoining lower density residential lot (example A-R). (c) Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot. (d) Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.). (e) Whenever a private access easement/right-of-way or private road/drive serves any development, buildings shall be setback a minimum of one (1) foot from private access easements/right-of-way or a minimum of ten (10) feet from the inside boundary of the traveled portion of private roads/drives, whichever is greater. This subsection does not exempt buildings from meeting the front, side, and rear setbacks from property boundaries and public streets. (f) Street Setback Reduction (1) Regardless of the minimum street setback requirements imposed by this article, applicants shall be allowed if the conditions described below are present to use a street setback reduction. (2) The intent is to allow a street setback reduction to fall at a point between the required street setback and the street setback that exists, as long as the street setback is compatible and consistent with the street setbacks of the existing buildings. (3) This provision shall not be interpreted as requiring a greater street setback than imposed by the underlying zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of-way widths dropping below established minimums. (4) Other setback modifications are permitted through the provisions of 114 of this ordinance. (5) All zoning districts: i. The street setback requirements of this ordinance for principle buildings shall not apply on any lot where the average setback of existing buildings located wholly or in part within three hundred (300) feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. ii. In such cases, the setback on such lot may be less than the required setback but not less than the average of the setbacks of the aforementioned existing buildings. iii. If there are no more than two (2) principle structures within 300 feet of the lot in question, this subsection shall not apply. XII-3

4 iv. Where no buildings exist or in new neighborhoods the minimum dimensional standards shall be as stated in 170(a) above. (6) Industrial zoning districts: i. The street setback requirements of this ordinance for industrial buildings shall not apply on any lot where an existing industrial building is located wholly or in part within the required street building setback (less than the minimum required street setback). ii. In such cases, the street setback on such industrial zoned property may be less than the required setback but not less than ten (10) feet from the right-of-way or closer to the right-of-way than existing industrial buildings located on the subject lot, whichever is greater. (g) Building setbacks shall not be required for lot boundary lines that are adjacent to railroad rights-ofway or limited access freeway (such as US 421 Bypass). (h) Building Setback Encroachments. The table below sets out the kinds of features that are permitted to encroach within a required building setback provided they do not obstruct visibility for motorists. Feature (as defined in 18) Allowable Encroachment into Building Setbacks (1) Arbors located on single family or twofamily residential used property (2) Aviation lighted beacons (3) Bus shelters (4) Guardhouses (5) Handicap Ramps (uncovered) (6) Pergolas located on single family or twofamily residential use property (7) Stairs (uncovered) (8) Trellises located on single family or twofamily residential used property (9) Water Meter Buildings Decks (uncovered) May be located in any required building setback (1) Project no more than eight (8) feet into any yard building setback (2) Under no circumstances can the feature be closer than five (5) feet to any property line (1) Eaves (2) Gutters (3) Other minor architectural features Elevated Pedestrian Bridges or Walkways including those over public rights-of-way Projecting no more than twenty-four (24) inches from the main portion of the structure (1) May be located in any required yard or building setback area provided they have all other governmental approvals for its location over the public right-of-way. (2) It is the intent of this provision that these bridges/walkways be as nearly perpendicular to the required setback or yard as possible. XII-4

5 Amended October 2, 2000, May 3, 2004, March 15, 2010, October 15, 2012, August 18, 2014, February 15, 2016, March 21, 2016, June 20, 2016, July 18, 2016, June 19, 2017, February 19, 2018, May 21, 2018, July 16, 2018, October 15, Accessory Building Setback Requirements (a) All accessory buildings in residential districts (i.e., those established by 125) must comply with the street right-of-way setbacks set forth in 170 but (subject to the remaining provisions of this subsection) shall be required to observe only a ten feet (10 ) setback from the side lot boundary lines and five feet (5 ) setback from rear lot boundary lines. The above deviation is contingent of the following: (1) Where the top plate of the exterior wall of an accessory building exceeds twelve (12) feet in height, the accessory building shall be set back from side and rear lot boundary lines an additional two (2) feet for every one (1) foot of height exceeding twelve (12) feet. (2) In order to observe the ten feet (10 ) side setback, the accessory building shall not be any closer to the street than the front building line of the primary residential building. (b) Setback Table: Height (in feet) Side Setback Rear Setback 12 or less Amended May 3, 2004, March 15, 2010, July 21, Building Height Limitation (a) For the purposes of this section: (1) The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building. (2) A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof s surface, whichever is greater. Roofs with slopes greater than seventy five (75) percent are regarded as walls. (b) Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as follows: Zoning District Height Limitation (in feet) A-R, R-20, R-10, R-MH, R-6, B-1, O-I 35 R-3, G-C, H-C, LF-1 60 C-C, L-I 90 H-I 135 (c) No building or structure on a lot in a nonresidential district which is adjacent to a residential district shall exceed the maximum building height permitted in the residential district, unless there is one (1) additional foot of setback on the sides adjacent to the residential district for each additional foot of height. (d) Hospitals, schools, churches, and other public and semipublic buildings may exceed the height limitations of the district, if the minimum depth of rear yards and the minimum width of side yards required in the district regulations are increased one (1) foot for each two (2) feet by which the height of such public or semipublic building exceeds the prescribed height limit. (e) Subject to 172(f), the following features are exempt from the district height limitations set forth in 172(b): XII-5

6 (1) Chimneys, church spires, elevator shafts, towers, and similar structural appendages not intended as places of human occupancy or storage, (2) Flagpoles and similar devices, (3) Heating and air conditioning equipment, solar collectors, and similar equipment, fixtures, and devices. (f) The features listed in 172(e) are exempt from the height limitations set forth in 172(b) if they conform to the following requirements: (1) No more than one-third (1/3) of the total roof area may be consumed by such features. (2) The features described in 172(e)(3) above must be set back from the edge of the roof a minimum distance of one (1) foot for every foot by which such features extend above the roof surface of the principal building to which they are attached. (3) The permit-issuing authority may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield the features listed in 172(e)(1) and 172(e)(3) from view. (g) Notwithstanding 172(b), in any zoning district the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multi-family residential building containing four or more dwelling units may not exceed thirty five (35) feet unless the fire chief certifies to the permit issuing authority that such building is designed to provide adequate access for firefighting personnel or the building inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire. (h) Towers and antennas are allowed in all zoning districts to the extent authorized in the Table of Permissible Uses, use classification Amended July 21, 2014, August 18, 2014, October 20, 2014, September 18, 2017, July 16, Cluster Subdivisions (a) In any single-family residential subdivision in zones indicated below, a developer may create lots that are smaller than those required by 167 if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimums set forth in the following table: Zone Minimum Square Feet R-6 4,500 R-10 7,500 R-20, A-R 15,000 (b) The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by 167. (c) The amount of usable open space that must be set aside shall be determined by: (1) Subtracting from the standard square footage requirement set forth in 167 the amount of square footage of each lot that is smaller than that standard; (2) Adding together the results obtained in (1) for each lot. (d) The provisions of this section may only be used if the usable open space set aside in a subdivision comprises at least 10,000 square feet of space that satisfies the definition of usable open space set forth in 182 and if such usable open space is otherwise in compliance with the provisions of Article XIII. (e) The following setback requirements shall apply in cluster subdivisions. Zone Lot Width Building Setback Front/Street Lot Boundary Line (in feet) Building Setback Side Lot Boundary Line (in feet) Building Setback Rear Lot Boundary Line (in feet) XII-6

7 A-R, R R R Amended October 2, 2000, July 21, 2014, August 18, Multi-Family Residential Subdivisions (a) In any multi-family residential subdivision, the developer may create lots and construct buildings without regard to any minimum lot size, lot width, or setback restrictions except that: (1) Lot boundary setback requirements shall apply where and to the extent that the subdivided tract abuts land that is not part of the subdivision, and (2) Each lot must be of sufficient size and dimensions that it can support the structure proposed to be located on it, consistent with all other applicable requirements of this ordinance. (b) The number of dwelling units in a multi-family residential subdivision may not exceed the maximum density authorized for the tract as defined in the residential density section. (c) To the extent reasonably practicable, in multi-family residential subdivisions the amount of land "saved" by creating lots that are smaller than the standards set forth in 168 shall be set aside as usable open space. (d) The purpose of this section is to provide flexibility, consistent with the public health and safety and without increasing overall density, to the developer who subdivides property and constructs buildings on the lots created in accordance with a unified and coherent plan of development. (e) An as-built final plat is required prior to the issuance of any certificate of occupancy. Amended October 2, 2000, December 20, 2004, July 21, 2014, August 18, Density on Lots Where Portion Dedicated to Town (a) Subject to the other provisions of this section, if (i) any portion of a tract lies within an area designated on any officially adopted town plan (pedestrian plan, downtown master plan, comprehensive transportation plan, bicycle plan, land development plan, etc.) as part of a proposed public park, greenway, pedestrian facilities, or bikeway, and (ii) before the tract is developed, the owner of the tract, with the concurrence of the town, shall dedicate to the town that portion of the tract so designated, then, when the remainder of the tract is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated in accordance with the provisions of this section. (b) If the proposed use of the remainder is a single-family detached residential subdivision, then the lots in such subdivision may be reduced in accordance with the provisions of 173 and 174 except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the town in accordance with 175(a). (c) If the proposed use of the remainder is a two-family or multi-family project, the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development. (d) If the portion of the tract that remains after dedication as provided in 175(a) is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its prorated share of the "density bonus" provided for in 175(b) and 175(c). Amended July 21, through 179 Reserved XII-7

1. No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:

1. No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that: ARTICLE XIII DENSITY AND DIMENSIONAL REGULATIONS Section 1. Minimum Lot Size Subject to the provisions of Section 8 of this Article, all lots shall have at least the amount of square footage indicated