Sec. 5.4.3. Neighborhood Conservation District (-NCOD)

Sec. 5.4.3. Neighborhood Conservation District (-NCOD) aaron.sheppard… Tue, 05/23/2023 - 10:29

Applicability
1. No building, structure, lot boundary, dwelling unit, vehicular surface area, street right-of-way or greenway shall be constructed, established, moved, alter, changed or increased in size or number within a -NCOD except in conformity with the regulations contained in this section for the adopted -NCOD.
2. All lots and structures existing at the time that the -NCOD is first applied to the property shall not be deemed a zoning nonconformity solely because of this overlay district.
3. All additions, changes, expansions and alterations to existing structures, impervious surfaces and uses must comply with the regulations of the -NCOD, unless the Board of Adjustment approves a special use permit under Sec. 10.2.9. allowing the addition, change, expansion or alteration.
4. In addition to the showings required by Sec. 10.2.9.E.4. through 8., all of the following standards shall be met:
  1. The expansion does not, singularly or collectively, exceed 25% of the total gross floor area of the building or use existing at the time the -NCOD overlay zoning district regulations were first applied to the property.
  2. The building or use existed at the time the -NCOD overlay zoning district regulations requirements were first applied to the property.
  3. The requested activity complies with all requirements and regulations of this UDO other than the -NCOD overlay zoning district regulations.
5. Nothing shall be deemed to permit the reconstruction—similar or different, whole or in part—of a building, improvement or use existing at the time the -NCOD overlay zoning regulations were first applied to the property that has been voluntarily demolished or discontinued. Voluntarily torn down buildings and improvements or discontinued uses shall be replaced with buildings, improvements and uses that comply with the regulations of the -NCOD.
Locational Guidelines
Except for applications filed by the City or otherwise authorized by the City Council, City Planning is instructed not to accept -NCOD applications unless the application meets all the following:
1. Is requesting that either at least a minimum of 15 contiguous acres be zoned -NCOD or that an existing -NCOD be extended. If allowed in the underlying zoning district, all uses in the civic use category can be excluded when determining the minimum 15 acre requirement;
2. Is signed by a majority of the property owners within the area proposed to be rezoned -NCOD;
3. Is applied to an area where at least 75% of the lots are developed; and
4. It is located in an area in which the City Council has adopted into Sec. 5.4.3.D. specific neighborhood built environmental characteristics and regulations.
Designation of a -NCOD
Within 4 years following the City Council adoption of specific neighborhood built environmental characteristics and regulations, the Department of City Planning may accept an application to rezone property to a -NCOD.
Approval Process
Application to rezone a property to a -NCOD shall be in accordance with the following process.
1. Submittal of a petition to the City Clerk requesting City Council consideration for a neighborhood built environmental characteristics and regulations analysis. The petition shall define the study area, provide evidence to support that the area complies with the locational guidelines and identify the specific built environmental characteristics and regulations to be analyzed. Prior to the petition being scheduled for the City Council meeting, City Planning shall be granted a 2-week period to review the adequacy of the petition and prepare a compliance report consistent to accompany the City Council’s receipt of the petition.
2. Following City Council’s review of the petition, the City Council shall determine whether to direct City Planning to complete the neighborhood built environmental characteristics and regulations analysis.
3. In accordance with City Council’s directive, City Planning shall complete an analysis of the specific built environmental characteristics and regulations for the neighborhood study area and identify the specific built environmental characteristics and regulations that reflect the predominant representation of the lots within the neighborhood study area. For the purposes of this paragraph, predominant shall mean greater than 75%. Upon completion of the analysis, City Planning shall by first-class mail notify all persons owning property within the study area the results of the analysis and the date, time and location of a meeting to be held for the neighborhood. The notice shall be mailed between 14 and 21 days prior to the date of the scheduled neighborhood meeting. Following the neighborhood meeting, the neighborhood built environmental characteristics and regulations analysis and summary of the neighborhood meeting shall be presented to the City Council.
4. Upon receiving the neighborhood built environmental characteristics and regulations analysis, the City Council shall review the results of the analysis and determine whether to authorize a public hearing to propose any specific neighborhood built environmental characteristics and regulations into this section. If the City Council proposes that specific built environmental characteristics and regulations for the neighborhood study area be considered for inclusion in this section, a text change petition may be submitted and processed for review under Sec. 10.2.3.
5. If the City Council adopts a text change incorporating specific neighborhood built environmental characteristics and regulations into this section, an application to rezone property within the designated neighborhood study area to a -NCOD in order to apply the adopted built environmental characteristics and regulations may be accepted by City Planning within a 4-year period following the adoption of the regulations. The rezoning petition must be submitted and signed by at least a majority of the private property owners that own a majority of the acreage within the -NCOD area; in both instances, the City Council, at its discretion, may direct staff to accept a rezoning petition that does not contain 51% of the property owners as signatories on the petition. In this instance, the City would process the petition as the applicant.
6. Following the adoption of the initial -NCOD, City Planning may accept an application to expand a specific -NCOD and applicable built environmental characteristics and regulations for properties either located within the original neighborhood study area or contiguous to it.
7. Following the original adoption of specific neighborhood built environmental characteristics and regulations into this section, any subsequent proposed text change to revise the specific neighborhood built environmental characteristics and regulations in this section, having first been authorized by City Council, shall require the applicant to notify by first class mail all persons owning property (mailing addresses as shown on the County tax abstract at the time of the City Council’s authorization of the public hearing) within the original neighborhood study area. The notification shall identify the proposed changes and inform the property owners of the date, time and location of the scheduled public hearing. Within a period of no more than 25 days nor less than 15 days prior to the date of the scheduled public hearing, the applicant shall deliver a copy of the letter and the sealed, addressed, stamped envelopes to City Planning.
Development Standards
Subject to any other applicable overlay district, the development standards listed below shall apply as stated in this section for the specific adopted –NCOD.
1. Required minimum net area for any dwelling unit;
2. Minimum lot size. This also sets maximum residential density for a dwelling unit within a detached house building type;
3. Maximum lot size;
4. Maximum residential density;
5. Setbacks; Where the NCOD prescribes a particular setback range, said range may be adjusted pursuant to Section 1.5.6.C.3. Where the NCOD requires a comparative setback sample and differences in right-of-way widths exist between the subject property and comparative sample properties, the comparative setbacks shall be measured and applied from the centerline of the primary street rather than the property line along the primary street.
6. Height;
7. Vehicular surface areas;
8. Lot width (minimum and/or maximum);
9. Building entrances (where permitted by State Law);
10. Building placement on the lot; and
11. Distances between buildings.
Neighborhood Built Environmental Characteristics and Regulations
Following the adoption of both neighborhood built environmental characteristics and regulations by the City Council and the approval of a -NCOD in accordance with this section for properties located within the specifically designated neighborhood listed below, the following neighborhood built environmental characteristics and regulations for properties located within the applicable neighborhood shall control.
1. Brookhaven Neighborhood
  1. South District (south of Millbrook Road)
    1. Minimum lot size: 20,000 square feet.
    2. Lot width at the building setback line: Minimum of 100 feet.
    3. Front yard setback: Minimum of 50 feet.
    4. Maximum building height: 2½ stories.
  2. North District (north of Millbrook Road)
    1. Minimum lot size: 14,000 square feet.
    2. Maximum building height: 2½ stories.
2. Forest Park Neighborhood
  1. Core Area
    1. Maximum lot size: No new lot, when created by recombination, shall be greater than 10,000 square feet
    2. Minimum lot size: For the townhouse building type, no new lot shall be smaller than 4,000 square feet. For all other building types, no new lot shall be smaller than 6,000 square feet.
    3. Primary Street Setback: Within 20% of the average primary street setback of principal structures on the same block face, but no less than 20 feet. Tiny Houses located on flag lots (Sec. 2.1.3.D.) shall be exempt from this primary street setback requirement. No portion of any garage or carport shall protrude beyond the primary facade of the principal structure. Covered porches shall be considered part of the primary facade. For corner lots with driveway access from the side street, attached garage entrances must be set back at least 5 feet from the side street building facade.
    4. Principal Structure Side lot line setback: Within 5 ft. of the average side lot line setback and corner side yard setback of other principal structures on the block face, but no less than 5 ft. For the purposes of this requirement, 0-foot setbacks shall not be included in the comparative sample. For the townhouse building type, this setback shall only apply to the side site boundary line.
    5. Accessory structures: These regulations shall apply to all accessory structures, including accessory dwelling units. Side and rear setbacks for accessory structures shall be a minimum of 3 feet. Accessory structures shall have a building footprint no larger than 600 square feet and a gross floor area no greater than 1,200 square feet.
      The maximum allowed wall plane height adjacent to the side and rear property line is 14 feet. The wall plane height may be increased 1 foot for each foot of horizontal distance the wall is moved from the side or rear setback line, not to exceed the maximum height allowed within the district. When a wall incorporates a recession or projection of 2 feet or more, multiple wall plane heights shall apply. Each wall plane's height is determined by averaging the four points consisting of the highest and lowest elevations of each of pre-development and post-development grades along that wall of the building. In the event the average postdevelopment grade along the wall of the building is lower than the average pre-development grade along that wall, then wall plane height shall be measured from the average post development grade. A side-gabled roof structure may extend above the setback plane on each side of the building, for a total length of not more than 30 feet on each side, measured from the front wall plane. Dormers may also extend above the side setback plane on each side of the building for a total length of not more than 15 feet on each side, measured along the intersection with the setback plane. No part of the roof shall exceed 24 feet in height.
    6. Maximum principal building height: 38 feet with the exception of those lots fronting on Park Drive between Oberlin Road and Forest Road (except the lots fronting the south side of Park Drive, between Oberlin Road and Groveland Avenue), all lots fronting on West Johnson Street and on the south side of Peace Street, and the 3 lots fronting the south side and the 4 lots fronting the north side of Park Drive immediately west of St. Mary’s Street (Wake County Registry: DB 08350, PG 1832, DB 02660, PG O-E-; DB 11659, PG 1800; DB 02425, PG 0670; DB 12811, PG 0908; DB 07129, PG 0713; DB 09060, PG 1175), which shall be limited to a maximum building height of 34 feet.
      The maximum allowed wall plane height adjacent to the side and rear property line is 26 feet. The wall plane height may be increased 1 foot for each foot of horizontal distance the wall is moved from the side or rear setback line, not to exceed the maximum height allowed within the district. When a wall incorporates a recession or projection of 2 feet or more, multiple wall plane heights shall apply. Each wall plane's height is determined by averaging the four points consisting of the highest and lowest elevations of each of pre-development and post-development grades along that wall of the building. In the event the average post-development grade along the wall of the building is lower than the average pre-development grade along that wall, then wall plane height shall be measured from the average post development grade. A side-gabled roof structure may extend above the setback plane on each side of the building, for a total length of not more than 30 feet on each side, measured from the front wall plane. Dormers may also extend above the setback plane on each side of the building for a total length of not more than 15 feet on each side, measured along the intersection with the setback plane. No part of the roof shall exceed 38 or 34 feet in height, depending on location.
    7. Building placement and building entrance: The orientation of the building and entry level of the main entrance shall be located in a manner that is the same as the majority of the buildings on the block face.
    8. Vehicular surface areas: New driveways onto public streets shall not be allowed for lots adjacent to alleys. Within that portion of the front yard area (as measured perpendicular to the right-of-way), between the principal building and the public street, new vehicular surface area shall not be permitted except where there are no adjacent alleys and when driveways are constructed alongside the house in the shortest practical distance from the right-of-way to the rear of the building. Parking areas and any other vehicular surface area installed prior to the August 3, 2010 shall not be deemed a zoning nonconformity. No vehicular entrance to a garage attached to the principal structure shall face the front yard. Maximum driveway width shall be limited to 12 feet for single driveways and 20 feet for shared driveways.
  2. Transition Area B
    1. Maximum building height: 40 feet when located within 75 feet of an adjacent Core Area lot.
3. Five Points East Neighborhood
  1. Core Area
    1. Maximum lot size: 13,067 square feet.
    2. Front yard setback: Within 10% of the average front yard setback of houses on the same block face as the new construction.
    3. Maximum building height: 2 stories, 35 feet. Buildings may exceed 35 feet when the average height of houses on the same block face as the new construction exceeds 35 feet, and then the allowed height shall be within 10% of the average height of houses in the same block face as the new construction.
4. Foxcroft Neighborhood
  1. Minimum lot size: 108,900 square feet.
  2. Minimum lot width: 200 feet as measured at the required front yard setback.
  3. Front yard setback: Minimum of 50 feet.
  4. Side yard setback: Minimum of 40 feet.
  5. Rear yard setback: Minimum of 40 feet.
  6. Setbacks for accessory structures: Side and rear yard setbacks for accessory structures shall be a minimum of 20 feet.
  7. Maximum building height: 40 feet for the principal building and 25 feet for accessory structures.
5. Glen Forest Neighborhood
  1. Minimum lot size: 17,424 square feet.
  2. Minimum lot frontage: 100 feet.
  3. Maximum building height: 35 feet.
6. King Charles Neighborhood
  1. South District (south of New Bern Avenue, south of Bertie Drive and Albemarle Avenue, frontage lots on north side of Bertie Drive and Albemarle Avenue east of Locke Lane)
    1. Minimum lot size: 33,541 square feet.
    2. Minimum lot width: 144 feet.
    3. Front yard setback: Minimum of 76 feet.
    4. Maximum building height: 2 stories.
7. Laurel Hills Neighborhood
  1. Minimum lot size: 21,780 square feet.
  2. Minimum lot frontage: 45 feet.
  3. Minimum lot width: 100 feet as measured 80 feet from the front property line.
  4. Front yard setback: Minimum of 50 feet.
  5. Maximum building height: 35 feet.
8. Mordecai Neighborhood
  1. Conservation District 1 (west of Wake Forest Road and north of Cedar Street, except for part of the north side of Courtland Drive - see Mordecai Plan boundaries)
    1. Minimum lot size: 7,260 square feet.
    2. Maximum lot size: 14,520 square feet.
    3. Minimum lot width: 50 feet.
    4. Maximum lot width: 100 feet.
    5. Front yard setback: Minimum of 35 feet.
    6. Maximum building height: 35 feet.
  2. Conservation District 2 (east of Wake Forest Road, south of Cedar Street and portions of Courtland Drive - see Mordecai Plan boundaries)
    1. Minimum lot size: 7,260 square feet.
    2. Maximum lot size: 14,520 square feet.
    3. Minimum lot width: 50 feet.
    4. Maximum lot width: 100 feet.
    5. Front yard setback: Minimum of 15 feet; maximum of 25 feet.
    6. Maximum building height: 35 feet.
9. New Bern - Edenton Neighborhood
  1. Minimum lot size: 4,000 square feet.
  2. Minimum lot frontage: 30 feet.
  3. Front yard setback: Minimum of 10 feet, maximum of 25 feet.
  4. Side yard setback: Minimum of 0 feet when minimum building separation is met.
  5. Building separation: Minimum of 10 feet.
  6. Maximum building height: 35 feet.
10. North Boylan Neighborhood
  1. Front Yard Setback: Within 10% of the average front yard setbacks established by buildings on the same side of the block face as the proposed building, but not less than 5 feet or greater than 25 feet.
  2. Building placement and building entrance: Buildings and their primary entrances shall be oriented towards a public street. Additional entrances may be oriented towards the block interior so long as a direct pedestrian connection is provided to the public street.
  3. Maximum building height: 24 feet with a maximum of 40 feet when the building includes a minimum roof pitch of 5:12 and the facade is detailed with a minimum 4-foot offset at least every 25 linear feet of building wall and a minimum 10-foot offset at least every 50 linear feet of building wall.
  4. Vehicular surface areas: Vehicular surface areas, even if located on a separate lot, shall be located behind the principle building. A vehicular surface area may be located at the side of a building if: 1) It does not extend in front of the building facade line; 2) For any lot with street frontage in excess of 100 feet, the linear frontage of vehicular surface area facing the street does not exceed 25% of the linear street frontage of the lot. Ramp type driveways shall be used to maintain a continuous sidewalk along the block face.
11. North Hills Neighborhood
  1. Minimum lot size: 14,000 square feet.
  2. Minimum lot width - interior lot: 90 feet.
  3. Minimum lot width - corner lot: 110 feet.
12. North Ridge South Neighborhood
  1. Minimum lot size: 17,900 square feet.
  2. Minimum lot frontage: 100 feet.
  3. Front yard setback: Minimum of 40 feet.
  4. Side street setback: Minimum of 30 feet.
13. North Ridge West Neighborhood
  1. Minimum lot size: 20,000 square feet.
  2. Minimum lot width - interior lot: 100 feet.
  3. Minimum lot width - corner lot: 151 feet.
  4. Front yard setback: Minimum of 49 feet.
  5. Side yard setback: Minimum of 11 feet.
  6. Side street setback: 35 feet.
  7. Maximum building height: 29 feet.
  8. Maximum residential density: 2.2 dwellings per acre.
14. Oakwood Park Neighborhood
  1. Minimum lot size (residential): 6,000 square feet.
  2. Minimum lot width (residential): 55 feet.
  3. Maximum lot width (residential): 80 feet.
15. Oberlin Village Neighborhood
  1. Minimum lot size: 5,000 square feet.
  2. Maximum lot size: 12,500 square feet.
  3. Minimum lot width: 50 feet.
  4. Front yard setback: Within 10% of the median front yard setback established by buildings on the same side of the block face of the proposed building.
  5. Building entrance: All buildings shall have a minimum of 1 entrance facing the public street.
  6. Maximum building height: 28.7 feet and 2 stories.
16. Roylene Acres Neighborhood
  1. Minimum lot size: 20,000 square feet.
  2. Minimum lot frontage: 100 feet.
  3. Front yard setback: Minimum of 50 feet.
  4. Maximum building height: 30 feet and no greater than 2½ stories.
17. Runnymede Road Neighborhood
  1. Minimum lot size: 17,424 square feet.
  2. Minimum lot frontage: 100 feet.
  3. Front yard setback: Minimum of 30 feet.
  4. Maximum building height: 24 feet as measured at the 30-foot front yard setback line. Building height may be increased 1 foot of height for each 1 foot of increase in the front yard setback beyond 30 feet.
18. South Park Neighborhood
  1. Minimum lot size: 3,000 square feet.
  2. Maximum lot size: 8,000 square feet.
  3. Minimum lot width: 40 feet.
  4. Maximum lot width: 80 feet.
  5. Front yard setback: Within 10% of the average front yard setback established by buildings on the same side of the block face of the proposed building, but not less than 8 feet or greater than 30 feet.
  6. Building entrance: The main building entrance shall face the street from which the building is addressed. No upper story entrance shall be visible from an adjacent public street right-of-way.
  7. Maximum building height: 28.7 feet.
  8. Off-street parking: Parking shall be located to the side or rear of the building. With the exception of single-unit living, no parking areas shall be located in front of any principal building. Single-unit living parking shall be regulated according to Article 7.1.
19. Trailwood Neighborhood
  1. Minimum lot size: 20,000 square feet.
  2. Minimum lot frontage: 100 feet.
  3. Front yard setback: Minimum of 60 feet.
  4. Side yard setback: Minimum of 20 feet within the front 100 feet of the lot; otherwise, minimum of 10 feet.
  5. Maximum building height: 2½ stories and 30 feet from finished grade of the main entry floor.
20. West Idlewild Neighborhood
  1. Minimum lot size: 4,000 square feet.
  2. Minimum lot frontage: 30 feet.
  3. Front yard setback: Minimum of 10 feet; maximum of 25 feet.
  4. Side yard setback: Minimum of 0 feet when minimum building separation is met.
  5. Building separation: Minimum of 10 feet.
  6. Maximum building height: 35 feet.
21. Willow Run South Neighborhood
  1. Minimum lot size: 32,670 square feet.

Unified Development Ordinance

Sec. 5.4.3. Neighborhood Conservation District (-NCOD)