Sec. 1.5.4. Building Setbacks

Sec. 1.5.4. Building Setbacks aaron.sheppard… Tue, 05/23/2023 - 08:54

Setback Types
There are 4 types of setback – primary street setback, side street setback, side setback and rear setback. Through lots, except reverse-frontage lots, are considered to have 2 primary street setbacks. Reverse-frontage lots will designate the street from which access from adjacent lots is taken as primary. If that fails to produce a clear result, the applicant may designate either street as primary.
Measurement of Building Setbacks
1. Primary and side street setbacks are measured perpendicular from the edge of the existing or proposed right-of-way, whichever is greater.
2. Side setbacks are measured perpendicular from the side property line.
3. Rear setbacks are measured perpendicular from the rear property line or the edge of the existing or proposed right-of-way, whichever is greater, where there is an alley.
4. For the irregular shaped lots described below, setbacks shall be assessed as follows:
  
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Multiple Street Frontage Lots
For the purposes of determining setbacks, build-to lines, and other regulations, a multiple street frontage site or lot other than an Open Lot must designate at least 1 primary street prior to development, not to include additions. A lot may
have more than one primary street. The following rules determine a primary street:
1. A lot developed with the Apartment, General, Mixed-Use or Civic building types shall designate its primary street using the criteria shown in (a) through (g) below. If one street meets any of criteria (a) through (d), it will be designated primary. If two streets meet any of criteria (a) through (d), both will be designated primary. If three or four streets meet any of criteria (a) through (d), the two streets that meet more of (a) through (d) will be designated as primary; if they meet the same number, then the applicant may choose the two streets. Where the criteria refer to a street, the relevant portion of the street is the portion adjacent to or within the site or lot. If no street meets criteria (a) through (d), then the street that that satisfies more of criteria (e) through (g) will be designated as primary. If the criteria do not apply or do not produce a clear result, then any street may be designated as primary by the applicant.
  1. The street with transit service;
  2. The street designated as a Main Street or Urban Thoroughfare on the Urban Form Map;
  3. Any street designated as a Retail Street in the Downtown section of the Comprehensive Plan.
  4. The street designated as a Mixed-use Street on the Raleigh Street Plan Map;
  5. The street designated as a Major Street on the Raleigh Street Plan Map;
  6. The street with on-street parking;
  7. The street with the higher classification on the Raleigh Street Plan Map;
2. A block face predominately developed with the Townhouse building type shall designate as its primary street either a Local Street or Mixed-use Street, if available. If the site fronts on more than one street meeting these criteria or if they do not apply, then the selection of primary street shall be based on the criteria for Apartment, General, Mixed-Use, or Civic buildings. Any street designated as primary must form the face of a block or extend fully through
  the property.
3. For an Attached or Detached building, a corner lot shall designate its primary street as being opposite the rear yard of any adjoining lot. If the corner lot abuts only the side yard of adjoining lots or abuts another corner lot, then the primary street shall be located along the narrowest street frontage. If the two street frontages are within 10 percent of each other in length, either street may be designated as primary. In no case will a Major Street be designated as the primary street.
4. A limited-access highway shall never serve as the primary street.
5. A dead-end or cul-de-sac street can only be identified as primary for residential lots.
6. A private street cannot be primary unless the lot has no public street frontage.
7. In the event an adopted plan designates primary streets, the adopted plan shall control.
8. If none of the criteria produce a result, the applicant may designate the primary street.
Setback Encroachments
All buildings and structures must be located at or behind required setbacks, except as listed below. Underground structures covered by the ground may encroach into a required setback.
1. Building Features (attached to a structure)
  1. Porches, decks, patios, terraces, and stoops greater than 1 foot in height may extend 12 feet into a required side or rear setback, provided that such extension is at least 3 feet from the vertical plane of any side or rear property line. In addition, these structures may extend 9 feet into a primary or side street setback, provided that such extension is at least 3 feet from the vertical plane of any street property line.
    Patios, terraces and decks that are 1 foot in height or less may be constructed a minimum of 0 feet from the vertical plane of any side or rear property line and 3 feet from the vertical plane of any street property line.
  2. Balconies (platforms projecting from the wall of a building with a railing along its outer edge, often accessible from a door or window) may extend up to 6 feet into a required setback, provided that the landing is at least 3 feet from the vertical plane of any lot line. Balconies can be covered but cannot be fully enclosed.
  3. Galleries (covered passages extending along the outside wall of a building supported by arches or columns that are open on 1 side), must have a clear depth from the support columns to the building's façade of
    at least 8 feet and a clear height above the sidewalk of at least 10 feet. A gallery may extend into a required street setback. A gallery may not extend into a required side setback.
  4. Chimneys or flues may extend up to 4 feet, provided that such extension is at least 3 feet from the vertical plane of any lot line.
  5. Building eaves, roof overhangs, awnings and light shelves may extend up to 5 feet, provided that such extension is at least 3 feet from the vertical plane of any lot line.
  6. Bay windows, oriels, vestibules and similar features that are less than 10 feet wide may extend up to 4 feet, provided that such extension is at least 3 feet from the vertical plane of any lot line.
  7. Unenclosed fire escapes or stairways may extend up to 4 feet into a required side or rear setback, provided that such extension is at least 5 feet from the vertical plane of any lot line.
  8. Cornices, belt courses, sills, buttresses or other similar architectural features may project up to 1½ feet.
  9. Handicap ramps may project to the extent necessary to perform their proper function.
  10. If a variance is not required, a building feature may encroach into the right-of-way, provided a license for the use of the right-of-way is obtained from the authority having jurisdiction. A City license is terminable at will by the City.
2. Mechanical Equipment and Utility Lines
  1. Mechanical equipment associated with residential uses, such as HVAC units and security lighting, may extend into a required rear or side setback, provided that such extension is at least 3 feet from the vertical plane of any lot line. Permanently installed generators associated with residential uses must meet setbacks for the primary structure in the district. A zoning permit is required for these generators.
  2. Solar panels or wind turbines may extend into a required rear or side setback, provided that such extension is at least 3 feet from the vertical plane of any lot line.
  3. Rainwater collection or harvesting systems may extend into a required rear or side setback, provided that such extension is at least 3 feet from the vertical plane of any lot line.
  4. Utility lines located underground and minor structures accessory to utility lines (such as hydrants, manholes and transformers and other cabinet structures) may extend into a required rear or side setback.
3. Minor Structures and Improvements
  Notwithstanding the other requirements of this UDO, standalone structures or improvements that are 4 feet in height or less may be a minimum of 3 feet from any property line. Standalone patios, terraces and decks that are 1 foot in height or less may be constructed a minimum of 0 feet from the vertical plane of any side or rear property line and 3 feet from the vertical plane of any street property line. Pools and other water features may encroach into
  a required setback subject to any other building code requirements and/or limitations.
Other Setback Encroachments
1. Fence and walls under Sec. 7.2.8.
2. Signs under Article 7.3. Signs.
3. Driveways under Sec. 8.3.5. Site Access.
4. Transitional and street protective yards under Sec. 7.2.4.

Supplement Number

Unified Development Ordinance

Sec. 1.5.4. Building Setbacks