Unified Development Ordinance

Sec. 7.2.4. Protective Yards

Sec. 7.2.4. Protective Yards aaron.sheppard… Tue, 05/23/2023 - 11:22
  1. Transitional Protective Yards
    1. A transitional protective yard is required along perimeter lot lines:
      1. For specific uses as set forth in Section 7.2.4.E. (type as specified); and
      2. Where an IH District abuts any other district other than an IH District a Type B1 or B2 transitional protective yard must be installed.
    2. A transitional protective yard may be replaced with a tree conservation area that meets the requirements of Article 9.1. Tree Conservation.
    3. GSI practices shall be allowed in Transitional Protective Yard Types A2, B1 and B2. In order to accommodate GSI practices the number of shrubs may be reduced in Protective Yards by 10%.
  2. Street Protective Yard
    1. A street protective yard is required along the edge of the street right-of-way:
      1. For specific uses as set forth in Section 7.2.4.E. (type as specified); and
      2. For any property zoned IH, a Type C1 or C2 street protective yard must be installed along all property lines abutting a public right-of-way.
    2. A required street protective yard may be replaced with a tree conservation area that meets the requirements of Article 9.1. Tree Conservation
    3. The protective yards in Special Highway Overlay Districts 1 and 2 (Sec. 5.3.1.D.) take the place of any street protective yard required in Sec. 7.2.4.B. below.
    4. GSI practices shall be allowed in Street Protective Yard Types C1, C2, and C3. In order to accommodate GSI practices the number of shrubs may be reduced in Protective Yards by ten (10) percent.
  3. Location
    1. Protective yards must be located within the outer perimeter of the lot, parallel to and extending to the property boundary line. A required protective yard must be provided along the entire frontage immediately abutting the property line.
    2. The width of a protective yard is calculated on the average width per 100 feet or portion of protective yard. The minimum width of the protective yard at any one point shall not be less than one-half the required width of the protective yard.
    3. A protective yard may not be located on any portion of an existing, dedicated or reserved public right-of-way.
    4. A protective yard is determined exclusive of any required setback; however, the required protective yard may be located wholly or partially within a required setback.
  4. Encroachments
    1. General
      1. No building or structure on the subject site may be located closer than 10 feet to a protective yard.
      2. Breaks for pedestrian and vehicle access are allowed in a protective yard.
      3. The parking of vehicles and the placement of buildings or structures is prohibited in a protective yard. All parking and building setbacks apply.
    2. Walls
      Walls in a protective yard must meet the following.
      1. Walls must be closed and not exceed a maximum height of 8 feet.
      2. Walls shall be compatible with the principal building in terms of texture, quality, material and color.
      3. Walls must be constructed of high quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; architectural block; split-faced block; stucco over standard concrete masonry blocks; or glass block in a structurally safe and attractive condition.
      4. No walls containing more than 50% exposed standard concrete masonry blocks are permitted, whether painted or not.
      5. Alternative wall materials may be approved by the Development Services Director.
      6. No wall can be located within any tree conservation area.
      7. No wall can be located within any City of Raleigh utility easement without prior written approval of the Public Utilities Director.
      8. No wall can be located within any required drainage easement without prior written approval of the Engineering Services Director.

        Cross reference: The Public Utilities Director may approve structures within City of Raleigh utility easements, Sec. 8-2012(d).
    3. Fences
      Fences in a protective yard must meet the following.
      1. Fences must be closed and not exceed a maximum height of eight feet.
      2. Fences must be constructed of wood, composite fencing or PVC vinyl with the finished face located towards the adjacent property.
      3. Alternative fence materials may be approved by the Development Services Director.
      4. No fence can be located within any tree conservation area.
      5. No fence can be located within any City of Raleigh utility easement without prior written approval of the Public Utilities Director.
      6. No fence can be located within any required drainage easement without prior written approval of the Engineering Services Director.

        Cross reference: The Public Utilities Director may approve structures within City of Raleigh utility easements, Sec. 8-2012(d).
        7-2-4-3
          Type A1 Type A2 Type B1 Type B2 Type B3
        Width (avg. min) 6' 10' 20' 35' 35'
        Fence Height (min) Not allowed 6.5' Not allowed 6.5' Not required
        Wall Height (min) 6.5' 6.5' 6.5' 6.5' Not required
        Shade Trees (min per 100') Not required 4 4 6 Not required
        Understory Trees (min per 100') 4 4 4 6 Not required
        Shrubs (min per 100') Not required Not required 40 60 Not required
        Shrub Height (min) n/a n/a 3' 3' Not required
        Berm Not allowed Not allowed A berm in accordance with Sec. 7.2.4.D.4. may be installed, unless otherwise required. The installation shall not alter the yard width, fence, wall, shade and understory tree requirements A berm in accordance with Sec. 7.2.4.D.4. may be installed, unless otherwise required. The installation shall not alter the yard width, fence, wall, shade and understory tree requirements A berm shall be installed in accordance with Sec. 7.2.4.D.4. except the minimum height of the berm shall be 10' measured perpendicular to the crown
    4. Berms
      Where allowed, a berm in a protective yard must meet the following.
      1. A berm cannot be built in any protective yard whenever the protective yard is also a tree conservation area.
      2. Berms shall have a minimum average height of 3 feet, measured perpendicular to the center of the crown.
      3. The berm must contain a rounded crown suitable for planting and a stabilized side slope of no greater than three-to-one. A steeper side slope may be used in exceptional cases when all of the following are met:
        1. This steeper slope is sufficiently stabilized; and
        2. Physical constraints of the site prevent the use of a flatter slope.
      4. The berm shall be planted with ¾ of the required number of shrubs.
        7-2-4-4
          Type C1 Type C2 Type C3 Type C4
        Width (avg. min) 10' 15' 10' 35'
        Fence Height (min) 6.5' Not required Not required Not required
        Wall Height (min) 6.5' Not required  In lieu of planting shrubs, a 3.5' wall may be installed Not required
        Shade Trees (min per 100') Not required 4  Not required Not required
        Understory Trees (min per 100') Not required Not required Not required Not required
        Shrubs (min per 100') 30 15 30 Not required
        Shrub Height (min) 3' 5' 3.5' Not required
        Berm Not allowed  A berm in accordance with Sec. 7.2.4.D.4. may be installed, unless otherwise required. The installation shall not alter the yard width and shade tree requirements Not allowed A berm shall be installed in accordance with Sec. 7.2.4.D.4. except the minimum height of the berm shall be 10' measured perpendicular to the crown
      5. In a C2 street protective yard, shrubs planted on a berm may have a lesser mature height; provided that the combined height of the berm and planting after 3 years is 5 feet.
      6. Berms may be permitted to meander and may be permitted to be discontinuous when approved by the Development Services Director.
    5. Grade Change
      1. In lieu of a wall or fence, a natural or man-made grade separation of at least 6 feet in elevation may be provided.
      2. The side slopes of the grade change cannot be greater than three feet of horizontal change for each foot of vertical rise.
      3. The developing property must be located at an elevation lower than the property to be screened and the change in grade achieves a similar screening effect as the wall or fence.
  5. Use-Specific Requirements
    1. Animal Care (Outdoor)
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any exterior areas used to exercise, walk, or keep animals that abut a residential use.
    2. Civic Uses in a Residential or Manufactured Housing District- Other than Cemeteries, Colleges, Community Colleges, Universities and Schools, Public or Private (K-12)
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any side of the property abutting a residential use.
    3. Day Care Center in a Residential District
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any side of the property abutting a residential use.
      2.  A Type C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
    4. Parking Use Category in all Residential Districts, RX-, OP- and IH Districts
      1. Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any side of the property abutting a residential use.
    5. Resource Extraction Use Category
      1. A type B3 transitional protective yard with a berm (see Sec. 7.2.4.A.) must be established along all outer perimeter property lines except where the property abuts an IH District or is used for industrial uses listed in Article 6.5. Industrial Uses.
      2. For lawful resource extraction facilities established prior to September 1, 2013 that adjoin uses other than household living as listed in Sec. 6.2.1., existing woodland vegetation at least 25 feet in width may be used, in whole or in part, to satisfy the transitional protective yard, provided any gap in woodland vegetation 20 feet or more in width shall be planted with evergreen hollies that have a mature height of at least 25 feet tall.
      3. A type C4 street protective yard with a berm (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right of-way.
      4. Except for properties in an IH District or used for industrial uses listed in Article 6.5. Industrial Uses, there shall be provided between overburden storage areas and adjoining properties not owned or leased by the operator, (a) walls, closed fences, berms or any combination equal or greater in height than the height of the overburden or (b) planted vegetation containing the following characteristics:
        1. Newly planted landscaping shall be of the following varieties: loblolly pine, genetically improved stock, Japanese cryptomeria ‘Yoshino’ and ‘Nellie Stevens’ holly;
        2. Newly planted pine trees shall be planted double filed with a linear triangle configuration with 20 foot spacing. Yoshino and Nellie Stevens shall be installed in the middle of the tree plantings, with at least 25 percent of each variety being planted; and
        3. The planted pine trees shall be at least 6 feet tall and the planted Yoshino and Nellie Stevens shall be at least 4 feet tall.
      5. Existing woodland vegetation, at least 25 feet in width, which meets or exceeds the screening characteristics of the planted material may be used, in whole or in part, to satisfy the vegetative planting requirements.
      6. If planted or existing vegetation is used to screen the overburden, the overburden may not exceed a height of 70 feet or other City ordinances, whichever is more stringent.
      7. A property shall be considered “adjoining” if it is separated from the area where overburden is deposited by a street right-of-way 100 feet wide or less.
      8. Upon the completion of any deposit of overburden material in any area, the deposit shall be covered with grass or other ground cover.
    6. School, Public or Private (K-12) in a Residential District
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any side of the property abutting any residential use.
      2. A Type C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
    7. Self-Service Storage Facility in an CX- District
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines, except for an adjacent self service storage, heavy industrial use, waste-related service or residential use.
      2. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines abutting a residential use.
      3. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
    8. Self-Service Storage Facility in an IX- District
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines, except for an adjacent self service storage, heavy industrial use, waste-related service or residential use.
      2. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all property lines abutting a residential use.
      3. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
    9. Self-Service Storage Facility in an OP- District
      1. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all property lines abutting a residential use.
    10. Telecommunication Tower (less than 250 feet)
      1. The area adjoining street rights-of-way shall contain a Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) installed parallel to the street right-of-way. No protective yard is required along street frontage located a distance from the tower of more than 200% of the tower height.
      2. A protective yard that contains the same plantings required in a Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be installed within all the yard areas required by Sec. 6.3.3.C.2.d.i.b) and Sec. 6.3.3.C.2.d.i.c). The installation of any fence, wall, planting or berm shall not reduce or lessen this requirement.
    11. Telecommunication Tower (250 feet and more)
      1. The area adjoining street rights-of-way shall contain a Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) installed parallel to the street right-of-way. No protective yard is required along street frontage located a distance from the tower of more than 200% of tower height.
      2. A protective yard that contains the same plantings required in a Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be installed within all the yard areas required by Sec. 6.3.3.D.2.d.ii. or Sec. 6.3.3.D.2.d.iii. The installation of any fence, wall, planting or berm shall not reduce or lessen this requirement.
    12. Towing Yards for Vehicles
      1. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines, except for an adjacent heavy industrial use or waste- related service.
      2. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
    13. Vehicle Fuel Sales (including gasoline and diesel fuel) in a NX-, CX-, DX or IX- District
      1. Where a fuel pump island is located within 100 feet of a Residential District or a residential use, a Type 2: Medium protective yard, in accordance with Sec. 3.5.3, must be established along the side or rear property lines if the property abuts a Residential District or a residential use. The protective yard must include a wall at least 6.5 feet in height.
    14. Vehicle Repair (Commercial Vehicle, Major and Minor) except in IX- and IH- Districts
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all property lines abutting a residential use.
    15. Vehicle Sales Use Category except in IH- District
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all property lines abutting a residential use.
      2. All vehicular display area with frontage on any portion of a street right-of of way (not including an alley) must be screened along the street edge by a Type C3 street protective yard under Sec. 7.2.4.B.
    16. Warehouse and Distribution Use Category except in IH-District
      1. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines, except for an adjacent warehouse and distribution use, heavy industrial use or waste-related service.
      2. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.