Unified Development Ordinance

CHAPTER 2. RESIDENTIAL DISTRICTS

CHAPTER 2. RESIDENTIAL DISTRICTS aaron.sheppard… Mon, 05/08/2023 - 10:01

Article 2.1. General Provisions

Article 2.1. General Provisions aaron.sheppard… Mon, 05/08/2023 - 10:02

Sec. 2.1.1. District Intent Statements

Sec. 2.1.1. District Intent Statements aaron.sheppard… Tue, 05/23/2023 - 08:58
  1. General Purpose
    1. The intent of the Residential Districts is to protect established residential neighborhoods as well as promote planned and efficient future residential developments.
    2. The building type design and dimensional standards and allowed uses work together to promote desirable residential neighborhoods.
    3. The district provisions discourage any use that would substantially interfere with the residential nature of the district. Compatible park, open space, utility and civic uses are permitted in Residential Districts.
  2. Residential-1 (R-1)
    1. Subject to the density restriction of 1 unit per acre, R-1 allows single-unit living in a detached house, or tiny house, and two-unit living in a tiny house with a minimum lot size of 40,000 square feet.
    2. Smaller minimum lot sizes are permitted as part of a compact development.
    3. Additional building types, smaller lot sizes and increased density as part of a conservation development are allowed in exchange for preserving common open space.
  3. Residential-2 (R-2)
    1. R-2 allows single-unit living in a detached house, or tiny house, and two-unit living in an attached house or tiny house with a minimum lot size of 20,000 square feet.
    2. Decreased minimum lot sizes are permitted as part of a compact development.
    3. Additional building types and smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
  4. Residential-4 (R-4)
    1. R-4 allows single-unit living in a detached house, or tiny house, and two-unit living in an attached house or tiny house with a minimum lot size of 10,000 square feet.
    2. Decreased minimum lot sizes and additional building types are permitted as part of a compact development.
    3. Additional building types and smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
    4. Dimensional standards, maximum density, allowed building types, and allowed uses may be modified  for the R-4 district within the TOD overlay or Frequent Transit Areas identified in the City’s  Comprehensive Plan to enable transit oriented development.
  5. Residential-6 (R-6)
    1. R-6 allows single-unit living in a detached house, or tiny house and two-unit living in an attached house or townhouse or tiny house with a minimum lot size of 6,000 square feet. Multi-unit living is also allowed in a townhouse.
    2. Smaller minimum lot sizes are permitted as part of a compact development.
    3. Additional building types, and smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
    4. Dimensional standards, maximum density, allowed building types, and allowed uses may be modified for the R-6 district within the TOD overlay or Frequent Transit Areas identified in the City’s Comprehensive Plan to enable transit oriented development.
  6. Residential-10 (R-10)
    1. R-10 allows single-unit living in a detached house, or tiny house, and two- unit living in an attached house or townhouse or tiny house with a minimum lot size of 4,000 square feet. Multi-unit living is also allowed in a townhouse or apartment. Smaller minimum lot sizes are permitted as part of a compact development.
    2. Smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
    3. Smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
    4. Dimensional standards, maximum density, and allowed uses may be modified for the R- 10 district within the TOD overlay to enable transit oriented development.
    5.  R-10 allows single-unit living in a detached house, or tiny house and two-unit living in an attached house or tiny house with a minimum lot size of 4,000 square feet. Multi-unit living is also allowed in a townhouse.
    6. Smaller minimum lot sizes are permitted as part of a compact development.
    7. Additional building types, and smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
    8. Dimensional standards, maximum density, allowed building types, and allowed uses may be modified for the R-6 district within the TOD overlay or Frequent Transit Areas identified in the City’s Comprehensive Plan to enable transit oriented development.

Sec. 2.1.2. Housing Options

Sec. 2.1.2. Housing Options aaron.sheppard… Tue, 05/23/2023 - 09:08
  1. Conventional Development Option (see Article 2.2. Conventional Development Option)
    1. Conventional is a pattern of residential development that provides a majority of property owners with substantial yards on their own property.
    2. Under the conventional option no preserved common open space is required and the minimum lot size is limited to the lot size for the respective district.
  2. Compact Development Option (see Article 2.3. Compact Development)
    1. A compact development permits a reduction in lot size for residential subdivisions in exchange for an increase in common open space. This allows for efficient residential subdivisions and ample amenity area for the residents.
    2. Open space thresholds are district-based and are listed in Sec. 2.3.1. For projects under these minimum open space thresholds, only the conventional option can be used.
    3. Applicants that choose the Compact Development option must set aside 20% of the total project area or the minimum district-based requirements, whichever is greater, as common open space. Requirements for the configuration, use and management of common open space are set forth in Article 2.5. Common Open Space Requirements.
  3. Conservation Development Option (see Article 2.4. Conservation Development Option)
    1. A conservation development trades smaller lot sizes (with reduced setbacks) and additional density in exchange for preserving common open space. This allows for more efficient layout of lots, streets and utilities, promotes a mix of housing and protects the natural character of an area through the preservation of open space, recreation areas, environmental features and scenic vistas.
    2. Open space thresholds are district-based and are listed in Sec. 2.4.1. For projects under these minimum open space thresholds, only the conventional option can be used.
    3. Applicants that choose to use the conservation development option must set aside 40% of the total project area or the minimum district-based requirements, whichever is greater, as common open space. Requirements for the configuration, use and management of common open space are set forth in Article 2.5. Common Open Space Requirements.
  4. Frequent Transit Development Option
    1. A Frequent Transit Area as designated in the City's Comprehensive Plan encourages density and growth in areas served by high-frequency transit, defined as bus or other transit service where the time between vehicles will be 15 minutes or less during peak service periods. The Frequent Transit Development Option permits higher- density development than the underlying zoning might otherwise allow.
    2. The Frequent Transit Development Option encourages transit-oriented development by allowing for smaller lot dimensions and site area per dwelling unit standards.

Sec. 2.1.3. Additional Housing Patterns

Sec. 2.1.3. Additional Housing Patterns aaron.sheppard… Tue, 05/23/2023 - 09:08
  1. Cottage Court (See Sec. 2.6.1.)
    A cottage court is a group of small detached houses, tiny houses, attached houses or townhouses (two-unit maximum per building) sharing a common courtyard. The central courtyard enhances the character of the area through the provision of consolidated open space. A cottage court may be developed on individual lots or with a common form of ownership.
  2. Detached House Conversions (See Sec. 2.6.2.)
    A detached house addition is when an existing detached structure is expanded and converted into an attached building or apartment building. Additional regulations are required for these conversions.
  3. Accessory Dwelling (See Sec. 2.6.3.)
    The Accessory Dwelling housing pattern provides for the development of one accessory dwelling unit on a lot with an existing Detached House or Tiny House as an accessory use to a principal use of Single-unit Living or on a lot with an existing Attached House or Tiny House as an accessory use to a principal use of Two-unit Living.
  4. Flag Lot
    A Flag Lot is an irregularly shaped property with a narrow portion of land fronting on a street where no buildings are permitted that provides access to a larger portion of the lot where buildings are permitted. The creation of a flag lot typically results in an adjacent residual lot with greater frontage along the same street. Flag lots promote efficient use of land for residences. In exchange for some alternative minimum dimensional standards, only Tiny Houses are permitted on flag lots. ADUs are not permitted on flag lots.

Article 2.2. Conventional Development Option

Article 2.2. Conventional Development Option aaron.sheppard… Mon, 05/08/2023 - 10:03

Sec. 2.2.1. Detached House

Sec. 2.2.1. Detached House aaron.sheppard… Tue, 05/23/2023 - 09:10
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detached House conventional development option
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detached House conventional development option
 

R-1

R-2

R-4

R-6

R-10

A. Lot Dimensions

A1

Area (min)

40,000 sf

20,000 sf

10,000 sf

6,000 sf

4,000 sf

A2

Lot Width (min)

100'

80'

65'

50'

45'

A3

Depth (min)

100'

100'

100'

80'

60'

A4

Density (max)

1 u/a

n/a

n/a

n/a

n/a

B. Principal Building Setbacks

B1

From primary street (min)

20'

20'

20'

10'

10'

B2

From side street (min)

20'

20'

20'

10'

10'

B3

From side lot line (min)

10'

10'

10'

5'

5'

B4

From rear lot line (min)

30'

30'

30'

20'

20'

B5

Residential infill rules may apply (see Sec. 2.2.7.)

no

no

yes

yes

yes

C. Accessory Structure Setbacks: See Section 6.7.2.

D. Height 
D1  Principal building (max)  40'/ 3 stories  40'/ 3 stories  40'/ 3 stories  40'/ 3 stories  40'/ 3 stories 
D2  Residential infill rules may appply (see Sec, 2.2.7.)ules may apply (see Sec. 2.2.7.)  no  no  yes  yes  yes 
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

 

Sec. 2.2.2. Attached House

Sec. 2.2.2. Attached House aaron.sheppard… Tue, 05/23/2023 - 09:17
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attached house
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attached house
   

R-2

R-4

R-6

R-10

A. Lot Dimensions

A1

Area (min)

20,000 sf

10,000 sf

6,000 sf

4,000 sf

A2

Lot Width (min)

80'

65'

50'

45'

A3

Depth (min)

100'

100'

80'

60'

B. Principal Building Setbacks

B1

From primary street (min)

20'

20'

10'

10'

B2

From side street (min)

20'

20'

10'

10'

B3

From side lot line (min)

10'

10'

5'

5'

B4

From rear lot line (min)

30'

30'

20'

20'

B5

Residential infill rules may apply (see Sec. 2.2.7.)

no

no

yes

yes

C. Accessory Structure Setbacks: See Section 6.7.2.

D. Height 
D1  Principal building (max)  40'/ 3 stories  40'/ 3 stories  40'/ 3 stories  40'/ 3 stories 
D2  Residential infill rules may apply (see Sec, 2.2.7.) no  yes  yes  yes 
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

Sec. 2.2.3. Townhouse

Sec. 2.2.3. Townhouse aaron.sheppard… Tue, 05/23/2023 - 09:18
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townhouse
Image
townhouse
  R-2 ii R-4 ii R-6 R-10
A. Site Dimensions
A1 Net site area/unit (min) 10,000 sf 5,000 sf 4,500 sf 3,000 sf
A2 Width (min) 80’ 65’ 50' 45'
A3 Outdoor amenity area (min) n/a n/a 10% 10%
B. Lot Dimensions
B1 Area (min) n/a n/a n/a n/a
B2 Width (min) 16’ 16’ 16' 16'
C. Principal Building/ Structure Setbacks
C1 From primary street (min) 20’ 20’ 10’ 10'
C2 From side street (min) 20’ 20’ 10’ 10'
C3 From side site boundary line (min) 10’ 10’ 10’ 6’
C4 From rear site boundary line (min) iii 30’ 30’ 20’ 20’
C5 From alley (min) iv 4’ or 20’ min 4’ or 20’ min 4’ or 20' min 4' or 20' min
C6 Internal building separation (min) 10’ 10’ 10’ 10’
C7 Residential infill rules may apply (see Sec. 2.2.7.) yes yes yes yes
D. Parking Setbacks v
D1 From primary street (min) 20’ 20’ 20’ 20'
D2 From side street (min) 10’ 10’ 10’ 10'
D3 From side lot line (min) 0’ 0’ 0’ 0'
D4 From rear lot line (min) 3’ 3’ 3’ 3'
D5 From alley, garage only (min) 4’ 4’ 4’ 4'
D6 Residential infill rules may apply (see Sec. 2.2.7.) yes yes yes yes
E. Height 
E1  Principal building (max)  40’/3 stories  40’/3 stories  45'/3 stories  45'/3 stories 
E2  Accessory structure (max)  26’  26’  26'  26' 
E3  Residential Infill rules may apply (see Sec. 2.2.7 yes  yes  yes  yes 

i A townhouse development containing only two dwelling units shall be regulated by the standards of Sec. 2.2.2., Attached House, however: (a) a minimum site area per unit of one-half the area required by Sec. 2.2.2.A1. is required; (b) Sec. 2.2.3.B. shall still control provided a minimum site width equal to the dimensions specified by Sec. 2.2.2.A2. is met; and (c) Sec. 2.2.2.B3. shall only apply to the non-party wall side lot line.

ii In R-2 and R-4 districts, a townhouse development can only contain a maximum of two dwelling units.

iii A permanently recorded open lot or common area lot of at least 20 feet in width may be used to satisfy Sec.2.2.3.C.4.

iv Garages (or a portion thereof) must either be located 4 feet from the travel lane of an alley or rear access drive or be a minimum of 20 feet from the alley or rear access drive. Where parking spaces are located between the garage and the alley or rear access drive, the garage must be located at least 20 feet from the travel lane of an alley or rear access drive.

v Parking setbacks shall not apply to driveways serving individual dwelling units or shared between two dwelling units.

Sec. 2.2.4. Apartment

Sec. 2.2.4. Apartment aaron.sheppard… Tue, 05/23/2023 - 09:18
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appartment
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apartment
  R-10
A. Lot Dimensions
A1 Area (min) "7,500 sf "
A2 Lot Width (min) 45’
A3 Outdoor amenity area (min) 10%
A4 Lot area per unit (min) "2,500 sf "
B. Building/Structure Setbacks
B1 From primary street 10’
B2 From side street (min) 10’
B3 From side lot line (min) 5’
B4 From rear lot line (min) 20’
B5 From alley i 4' or 20' min
B6 Residential infill rules may apply (see Sec. 2.2.7.) yes
C. Parking Setbacks
C1 From primary street (min) 10’
C2 From side street (min) 10’
C3 From side/rear lot line (min) 0’
C4 From rear lot line (min) 3’
C5 "From alley, garage only (min) " 4’
D. Height
D1 Principal building (max) 45'/3 stories
D2 Accessory structure (max) 26'
D3 Residential infill rules may apply (see Sec. 2.2.7.) yes
E. Pedestrian Access
E1 Street-facing entrance required (min 1 per building) yes
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.  

i Garages (or a portion thereof) must either be located 4 feet from the travel lane of alley or rear access drive or be a minimum of 20 feet from the alley or rear access drive. Where parking spaces are located between the garage and the alley or rear access drive, the garage must be located at least 20 feet from the travel lane of alley or rear access drive.

Sec. 2.2.5. Civic Building

Sec. 2.2.5. Civic Building aaron.sheppard… Tue, 05/23/2023 - 09:19
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civic building
Image
civic building
 
  R-1 R-2 R-4 R-6 R-10
A. Lot Dimensions
A1 Area (min) "40,000 sf " "20,000 sf " "10,000 sf " "6,000 sf " "4,000 sf "
A2 Width (min) 100' 80' 65' 50' 45'
B. Building/Structure Setbacks
B1 From primary street (min) 20' 20' 20' 10' 10'
B2 From side street (min) 20' 20' 20' 10' 10'
B3 From side lot line (min) 15' 10' 10' 10' 10'
B4 From rear lot line (min) 30' 30' 30' 20' 20'
B5 Residential infill rules may apply (see Sec. 2.2.7.) no no yes yes yes
C. Parking Setbacks
C1 From primary street (min) 20' 20' 20' 10' 10'
C2 From side street (min) 10' 10' 10' 10' 10'
C3 From side/rear lot line (min) 10' 10' 10' 6' 6'
D. Height
D1 Principal building (max) 40'/3 Stories 40'/3 Stories 40'/3 Stories 40'/3 Stories 45'/3 Stories
D2 Accessory structure (max) 26' 26' 26' 26' 26'
D3 Residential infill rules may apply (see Sec. 2.2.7.) no no yes yes yes
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

Sec. 2.2.6. Open Lot

Sec. 2.2.6. Open Lot aaron.sheppard… Tue, 05/23/2023 - 09:19
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open lot
Image
open lot
    R-1 R-2 R-4 R-6 R-10
A. Lot Dimensions
A1 Area (min) "40,000 sf " "20,000 sf " "10,000 sf " "6,000 sf " "4,000 sf "
A2 Width (min) 100' 80' 65' 50' 45'
A3 Building coverage (max) 10% 15% 17% 20% 22%
B. Building/Structure Setbacks
B1 From primary street (min) 20' 20' 20' 10' 10'
B2 From side street (min) 20' 20' 20' 10' 10'
B3 From side lot line (min) 10' 10' 10' 10' 10'
B4 From rear lot line (min) 30' 30' 30' 20' 20'
C. Parking Setbacks
C1 From primary street (min) 10' 10' 10' 10' 10'
C2 From side street (min) 10' 10' 10' 10' 10'
C3 From side/rear lot line (min) 10' 10' 10' 7' 5
D. Height
D1 All building/structures (max) 40’/ 3 stories 40’/ 3 stories 40’/ 3 stories 40’/ 3 stories 40’/ 3 stories
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

Sec. 2.2.7. Residential Infill Compatibility

Sec. 2.2.7. Residential Infill Compatibility aaron.sheppard… Tue, 05/23/2023 - 09:20
  1. Intent
    The intent of the residential infill compatibility standards is to accommodate and encourage compatible development in existing residential neighborhoods, while reinforcing the established character of the neighborhood and mitigating adverse impacts on adjacent homes.
  2. Applicability
    1. The standards contained within this section apply to any building in an R-4, R-6 or R-10 district where all of the following are present:
      1. The total site area is 5-acres or less;
      2. The subject lot's primary street frontage is on a street section that was platted for at least 20 years including subsequent right-of-way dedications;
      3. If a comparative sample can be defined and at least four of the principal buildings, or three for a corner lot, contained in the comparative sample have primary street frontage on a street section that has been platted for at least 20 years including subsequent right-of-way dedications. The comparative sample is derived by the four closest principal buildings, or three for a corner lot, along the same block face of the street within 300 feet of and oriented toward the same street as the subject lot. The sample need not be equally distributed on either side of the subject lot. When a comparative sample of four principal buildings, or three for a corner lot, cannot be derived, then the minimum setback of the underlying zoning district applies.
        1. These rules do not apply to lots where more than 50% of the primary street property line abuts a cul-de-sac bulb and these lots shall not count as part of a comparative sample for other lots.
        2. Where an addition is proposed to a detached or attached house, the existing principal building on the lot shall be considered an addition to the comparative sample.
        3. Where an official survey demonstrates the location of a detached or attached house, and that structure has been in that location within the last 365 days, the proposed principal building may be located within 10% of the same primary street setback as the existing detached or attached dwelling or as prescribed by the rules in Sec. 2.2.7.C., below, whichever the applicant chooses.
        4. Where a demolition permit for a principal building has been obtained on a lot, that lot shall be considered vacant for the purposes of determining a comparative sample. Where a building permit has been obtained for a principal building on a lot, the building shall be considered for the purposes of determining a comparative sample.
    2. When a lot is subject to the residential infill compatibility standards and the lot is located within a Neighborhood Conservation Overlay District that regulates any component herein, the Neighborhood Conservation Overlay District regulation shall apply for that specific component.
    3. These infill compatibility rules do not apply in the Transit Overlay District, Historic Districts, Street Side Historic Overlay Districts, or to Historic landmarks.
  3. Street Setback (Minimum and Maximum)
    The primary street setback for principal buildings shall be determined by the comparative sample context of the block face as outlined in the following subsections:
    1. The proposed building must be located within either of the following ranges:
      1. No closer than the smallest primary street setback, and no further that the largest primary street setback in the comparative sample as set forth in Sec. 2.2.7.B.1.c. above; or
      2. As determined by the table below based on the subject lot's width and the median of setbacks within the comparative sample as set forth in Sec. 2.2.7.B.1.c. above.
         
        Subject Lot Width Modification to Median
        50 feet or less Within 10% of median
        More than 50 feet up to 65 feet Within 15% of median
        More than 65 feet up to 80 feet Within 20% of median
        More than 80 feet Within 25% of median
         
    2.  Comparative sample setbacks are measured from the outer wall of preexisting principal buildings within the comparative sample and do not include the building feature encroachments authorized by Sec. 1.5.4.D.
    3. When differences in right-of-way widths exist between the subject property and comparative sample properties, the comparative primary street setbacks shall be measured and applied from the centerline of the primary street rather than the property line along the primary street.
    4. The setback range may be adjusted pursuant to Section 1.5.6.C.3.
  4. Height
    1. Side Wall Plane Height and Setback
      The maximum allowed wall plane height adjacent to the side property line is 25 feet or the average height of the 2 abutting neighboring wall planes whichever is greater. The wall plane height may be increased 1 foot for each foot of horizontal distance the wall is moved from the side setback line, not to exceed the maximum height allowed within the district. When a side wall incorporates a recession or projection of 2 feet or more, multiple side wall plane heights shall apply. Each side 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 side wall of the building. In the event the average post-development grade along the side wall of the building is lower than the average pre-development grade along that wall, then side wall plane height shall be measured from the average post development grade.
    2. Exceptions to Setback Plane
      1. Side-Gabled Roof
        A side-gabled roof structure may extend above the side setback plane on each side of the building, for a total length of not more than 30 feet (A) on each side, measured from the front wall plane.
      2. Dormers
        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 (B) on each side, measured along the intersection with the setback plane.
         
        Image
        dormers


         
  5. Side Wall Length
    Articulation is required for side walls on additions or new construction that are 22 feet or taller and located within 15 feet of the side lot line. No wall may extend for more than 50 feet without a projection or recession of at least 4 feet in depth and 10 feet in length.
     
    Image
    side wall

     
  6. Driveway and Parking Setbacks
    Driveways and parking spaces must be located a minimum of 2.5 feet from the side and rear lot lines. However, a driveway may be located on the lot line closer than 2.5 feet if it is shared with an adjacent lot or when a no-build easement is secured and recorded on the adjacent lot that guarantees a minimum separation of 5 feet from the encroaching driveway and any impervious surfaces or structures on the adjacent lot. Fences and walls on either lot require a 2.5 feet separation from the encroaching driveway. All driveways and parking areas existing prior to January 1, 2019 shall not be deemed nonconforming solely because of this regulation or a parking setback specified in Chapter 2.

Sec. 2.2.8. Tiny Houses

Sec. 2.2.8. Tiny Houses aaron.sheppard… Tue, 05/23/2023 - 09:20
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tiny houses
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tiny houses
  R-1 R-2 R-4 R-6 R-10
A. Lot Dimensions
A1 Area (min) "40,000 sf " "15,000 sf " "7,500 sf " "3,000 sf " "2,000 sf "
A2 Lot Width (min) 100' 60' 50' 35' 25'
A3 Depth (min) 100' 75' 75' 50' 45'
A4 Density (max) 1 n/a n/a n/a n/a
B. Principal Building Setbacks
B1 From primary street (min) 20' 20' 20' 10' 10'
B2 From side street (min) 20' 20' 20' 10' 10'
B3 From side lot line (min) 10' 10' 10' 5' 5'
B4 From rear lot line (min) 30' 30' 30' 10' 10'
B5 Residential infill rules may apply (see Sec. 2.2.7.) no no yes 1 yes 1 yes 1
C. Accessory Structure Setbacks: See Section 6.7.2.
D. Height
D1 Principal building (max) 26’/ 2 stories 26'/ 2 stories 26'/ 2 stories 26'/ 2 stories 26'/ 2 stories
D2 Residential infill rules may apply (see Sec. 2.2.7.) no no no no no
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

1 The property owner may elect to either adhere to the primary street setback range set forth in Section 2.2.7, if applicable, or follow only the applicable zoning district’s minimum primary street setback regulation.

E. Additional Requirements for Manufactured Homes to Qualify as Tiny Houses

A Tiny House may be a Manufactured Home as defined in Article 12.2. if it meets all of the following:

  1. The predominant roofline shall have a pitch of 5:12 or greater.
  2. The eave projections of the roof must not be less than ten inches (excluding roof gutters) unless the roof pitch is 8:12 or greater.
  3. The minimum height of the first-story exterior wall must be at least seven feet, six inches.
  4. Materials used as exterior wall covering shall be of a non-reflective material.
  5. Foundation skirting shall comply with the requirements set forth in Section 4.5.3.D.
  6. The Manufactured Home is no greater than 600 square feet in gross floor area.

Sec. 2.2.9. General Building

Sec. 2.2.9. General Building aaron.sheppard… Tue, 05/23/2023 - 09:21
  R-1
A. Lot Dimensions
A1 Area (min) 40,000 sf
A2 Width (min) 100'
A3 Depth (min) 100'
B. Principal Building Setbacks
B1 From primary street (min) 50'
B2 From side street (min) 50'
B3 From side lot line 30'
B4 From rear lot line 30'
B5 Residential infill rules may apply (see Sec. 2.2.7.) no
C. Parking Setbacks
C1 From primary street (min) 50'
C2 From side street (min) 50'
C3 From side lot line 30'
C4 From rear lot line 30'
D. Height
D1 All structures 68' / 4 stories

General Building type allowed in the above zoning district only as part of a governmental water or wastewater treatment plant use described in Sec. 6.3.3.E.

Article 2.3. Compact Development

Article 2.3. Compact Development aaron.sheppard… Mon, 05/08/2023 - 10:03

Sec. 2.3.1. General Requirements

Sec. 2.3.1. General Requirements aaron.sheppard… Tue, 05/23/2023 - 09:31
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 2-3-1-general-requirements

 

R-1 R-2 R-4 R-6 R-10
A. Site
A1 Density (max) 1 u/a - - - -
B. Open Space
B1 Open Space required (min acreage) 20% or 4 acres, whichever is greater 20% or 2 acres, whichever is greater 20% or 1 acre, whichever is greater 20% or 0.5 acres, whichever is greater 20% or 0.5 acres, whichever is greater
B2 Width of open space (min) 50' 50' 50' 50' 50'
C. Transitional Protective Yard
C1 Site boundary (min) Type B1 or B2 Transitional Protective Yard (see Sec. 7.2.4.A) or perimeter lots must meet the dimensional standards of Article 2.2 Conventional Development Option of the district where the property is located.
D. Residential Unit Types (max)
  Detached house 100% 100% 100% 100% 100%
  Attached house n/a 100% 100% 100% 100%
  Townhouse n/a n/a 100% 100% 100%
  Apartment n/a n/a n/a n/a 100%

Sec. 2.3.2. Detached House

Sec. 2.3.2. Detached House aaron.sheppard… Tue, 05/23/2023 - 09:31
Image
detached House
Image
detached House
  R-1 R-2 R-4 R-6 R-10
A. Lot Dimensions
A1 Area (min) 30,000 sf 15,000 sf 7,500 sf 5,000 sf 4,000 sf
A2 Lot width (min) 100' 80' 65' 50' 45'
A2 Depth (min) 100' 100' 100' 80' 60'
A3 Density (max) 1 u/a - - - -
B. Principal Building Setbacks
B1 From primary street (min) 20’ 20' 10' 10' 10'
B2 From side street (min) 20’ 20’ 10’ 10' 10'
B3 From side lot line (min) 10’ 10' 10' 5' 5'
B4 From rear lot line (min) 20’ 20’ 20’ 20' 20'
B5 Residential infill rules may apply (see Sec. 2.2.7.) no no yes yes yes
C. Accessory Structure Setbacks: See Section 6.7.2.
D. Height
D1 Principal building (max) 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories
D2 Residential infill rules may apply (see Sec. 2.2.7.) no no yes yes yes
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

Sec. 2.3.3. Attached House

Sec. 2.3.3. Attached House aaron.sheppard… Tue, 05/23/2023 - 09:32
Image
attached house
Image
attached house
  R-2 R-4 R-6 R-10
A. Lot Dimensions
A1 Area (min) 15,000 sf 7,500 sf 4,500 sf 3,000 sf
A2 Lot width (min) 80' 65' 50' 45'
A3 Depth (min) 100' 100' 80' 60'
B. Principal Building Setbacks
B1 From primary street (min) 20' 10' 10' 10'
B2 From side street (min) 20' 10' 10' 10'
B3 From side lot line (min) 10' 10' 5' 5'
B4 From rear lot line (min) 20' 20’ 20’ 20’
B5 Residential infill rules may apply (see Sec. 2.2.7.) no yes yes yes
C. Accessory Structure Setbacks: See Section 6.7.2.
D. Height
D1 Principal building (max) 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories
D2 Residential infill rules may apply (see Sec. 2.2.7.) no yes yes yes
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

Sec. 2.3.4. Townhouse i

Sec. 2.3.4. Townhouse i aaron.sheppard… Tue, 05/23/2023 - 09:32
Image
townhouse
Image
townhouse
  R-4 R-6 R-10
A. Site Dimensions
A1 Net site area/unit (min) 6,000 sf 3,500 sf 2,500 sf
A2 Width (min) 65' 50' 45'
A3 Outdoor amenity area (min) ii 5% 5% 5%
B. Lot Dimensions
B1 Area (min) n/a n/a n/a
B2 Width (min) 16' 16' 16'
C. Building/Structure Setbacks
C1 From primary street (min) 20’ 10’ 10’
C2 From side street (min) 20’ 10’ 10’
C3 From side site boundary line 10’ 10’ 10’
C4 From rear site boundary line (min) iii 20’ 20’ 20’
C5 From alley iv 4' or 20' min 4' or 20' min 4' or 20' min
C6 Internal building separation (min) 10’ 10’ 10’
C7 Residential infill rules may apply (see Sec. 2.2.7.) yes yes yes
D. Parking Setbacks v
D1 From primary street (min) 20' 20' 20'
D2 From side street (min) 10' 10' 10'
D3 From side lot line (min) 0' 0' 0'
D4 From rear lot line (min) 3' 3' 3'
D5 From alley, garage only (min) 4' 4' 4'
D6 Residential infill rules may apply (see Sec. 2.2.7.) yes yes yes
E. Height
E1 Principal building (max) 45'/3 stories 45'/3 stories 45'/3 stories
E2 Accessory structure (max) 26' 26' 26'
E3 Residential infill rules may apply (see Sec. 2.2.7.) yes yes yes
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements

i A townhouse development containing only two dwelling units shall be regulated by the standards of Sec. 2.3.3., Attached House, however: (a) a minimum site area per unit of one-half the minimum lot area specified in 2.3.3.A1. is required; (b) Sec. 2.3.4.B. shall still control provided a minimum site width equal to the dimensions specified by Sec. 2.3.3.A2. is met; and (c) Sec. 2.3.3.B3. shall only apply to the non-party wall side lot line.

ii Outdoor amenity meeting the requirements of Sec. 1.5.3. may overlap with required open space.

iii A permanently recorded open lot or common area lot of at least 20 feet in width may be used to satisfy Sec. 2.3.4.C4.

iv Garages (or a portion thereof) must either be located 4 feet from the travel lane of an alley or rear access drive or be a minimum of 20 feet from the travel lane of an alley or rear access drive. Where parking spaces are located between the garage and the alley or rear access drive, the garage must be located at least 20 feet from the travel lane alley or rear access drive.

v Parking setbacks shall not apply to driveways serving individual dwelling units or shared between two dwelling units.

Sec. 2.3.5. Apartment

Sec. 2.3.5. Apartment aaron.sheppard… Tue, 05/23/2023 - 09:33
Image
appartment
Image
appartment
    R-10
A. Lot Dimensions
A1 Area (min) 7,000 sf
A2 Lot Width (min) 45'
A3 Outdoor amenity area (min) 5%
A4 Lot area per unit (min) 2,000 sf
B. Building/Structure Setbacks
B1 From primary street 10’
B2 From side street (min) 10’
B3 From side lot line (min) 5’
B4 From rear lot line (min) 20’
B5 From alleyi 4' or 20' min
B6 Residential infill rules may apply (see Sec. 2.2.7.) yes
C. Parking Setbacks
C1 From primary street (min) 10’
C2 From side street (min) 10’
C3 From side/rear lot line (min) 0’
C4 From rear lot line (min) 3’
C5 From alley (min) 4’
D. Height
D1 Principal building (max) 45’/3 stories
D2 Accessory structure (max) 26’
D3 Residential infill rules may apply (see Sec. 2.2.7.) yes
E. Pedestrian Access
E1 Street-facing entrance required (min 1 per building) yes

i Garages (or a portion thereof) must either be located 4 feet from the travel lane of an alley or rear access drive or be a minimum of 20 feet from the travel lane of an alley or rear access drive. Where parking spaces are located between the garage and the alley or rear access drive, the garage must be located at least 20 feet from the travel lane of an alley or rear access drive.

Sec. 2.3.6. Civic Building

Sec. 2.3.6. Civic Building aaron.sheppard… Tue, 05/23/2023 - 09:33
Image
civic building
Image
civic building
  R-1 R-2 R-4 R-6 R-10
A. Lot Dimensions
A1 Area (min) 30,000 sf 15,000 sf 7,500 sf 5,000 sf 4,000 sf
A2 Width (min) 100' 80' 65' 50' 45'
B. Building/Structure Setbacks
B1 From primary street (min) 20' 20' 20' 10' 10'
B2 From side street (min) 20' 20' 20' 10' 10'
B3 From side lot line (min) 15' 10' 10' 10' 10'
B4 From rear lot line (min) 30' 30' 30' 20' 20'
C. Parking Setbacks
C1 From primary street (min) 20' 20' 20' 10' 10'
C2 From side street (min) 10' 10' 10' 10' 10'
C3 From side/rear lot line (min) 10' 10' 10' 6' 6'
D. Height
D1 Principal building (max) 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories
D2 Accessory structure (max) 26' 26' 26' 26' 26'
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

Residential infill regulations for additional building setback and reduced height may apply (see Sec. 2.2.7.)

Sec. 2.3.7. Open Lot

Sec. 2.3.7. Open Lot aaron.sheppard… Tue, 05/23/2023 - 09:33
Image
open lot
Image
open lot
  R-1 R-2 R-4 R-6 R-10
A. Lot Dimensions
A1 Area (min) 30,000 sf 15,000 sf 7,500 sf 5,000 sf 4,000 sf
A2 Width (min) 100' 80' 65' 50' 45'
A3 Building coverage (max) 10% 15% 17% 20% 22%
B. Building/Structure Setbacks
B1 From primary street (min) 20' 20' 20' 10' 10'
B2 From side street (min) 20' 20' 20' 10' 10'
B3 From side lot line (min) 10' 10' 10' 10' 10'
B4 From rear lot line (min) 30' 30' 30' 20' 20'
C. Parking Setbacks
C1 From primary street (min) 10' 10' 10' 10' 10'
C2 From side street (min) 10' 10' 10' 10' 10'
C3 From side/rear lot line (min) 10' 10' 10' 7' 5'
D. Height
D1 All building/structures (max) "40’/3 stories" "40’/3 stories" "40’/3 stories" "40’/3 stories" "40’/3 stories"

See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

Residential infill regulations for additional building setback and reduced height may apply (see Sec. 2.2.7.)

Article 2.4. Conservation Development Option

Article 2.4. Conservation Development Option aaron.sheppard… Mon, 05/08/2023 - 10:04

Sec. 2.4.1. General Requirements

Sec. 2.4.1. General Requirements aaron.sheppard… Tue, 05/23/2023 - 09:34
Image
general requirements

 

  R-1 R-2 R-4 R-6 R-10
A. Site
A1 Density (max) 2 u/a - - - -
B. Open Space
B1 Open Space required (min acreage) "40% or 8 acres, whichever is greater " "40% or 4 acres, whichever is greater " "40% or 2 acres, whichever is greater " "40% or 1 acre, whichever is greater " "40% or 1 acre, whichever is greater "
B2 % of lots abutting open space (min) 60% 50% 40% 40% 30%
B3 Contiguous area (min) 60% 60% 60% 60% 60%
B4 Width of open space (min) 50’ 50’ 50’ 50’ 50’
  R-1 R-2 R-4 R-6 R-10
C. Transitional Protective Yard
C1 Site boundary (min) Type B1 or B2 Transitional Protective Yard (see Sec. 7.2.4.A.) or perimeter lots must meet dimensional standards of Article 2.2. Conventional Development Option of the district where the property is located.
D. Residential Unit Types (max)
  Detached house 100% 100% 100% 100% 100%
  Attached house n/a 100% 100% 100% 100%
  Townhouse n/a 50% 100% 100% 100%
  Apartment n/a n/a n/a 50% 100%

 

Sec. 2.4.2. Detached House

Sec. 2.4.2. Detached House aaron.sheppard… Tue, 05/23/2023 - 09:35
Image
detached House
Image
detached House
  R-1 R-2 R-4 R-6 R-10
A. Lot Dimensions
A1 Area (min) 20,000 sf 10,000 sf 6,000 sf 4,000 sf 3,000 sf
A2 Lot width (min) 80' 65' 50' 45' 30'
A3 Depth (min) 100' 100' 80' 60' 60'
B. Principal Building Setbacks
B1 From primary street (min) 20' 20' 10' 10' 10'
B2 From side street (min) 20' 20' 10' 10' 10'
B3 From side lot line (min) 10' 10' 5' 5' 5'
B4 From rear lot line (min) 20' 20' 20' 20' 15'
C. Accessory Structure Setbacks: See Section 6.7.2.
D. Height
D1 Principal building (max) 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

 

Sec. 2.4.3. Attached House

Sec. 2.4.3. Attached House aaron.sheppard… Tue, 05/23/2023 - 09:35
Image
attached house
Image
attached house
  R-2 R-4 R-6 R-10  
A. Lot Dimensions  
A1 Area (min) 10,000 sf 6,000 sf 4,000 sf 3,000 sf  
A2 Lot width (min) 65' 50' 45’ 30’  
A3 Depth (min) 100' 80' 60' 60'  
B. Principal Building Setbacks  
B1 From primary street (min) 20' 10' 10' 10'  
B2 From side street (min) 20' 10' 10' 10'  
B3 From side lot line (min) 10' 5' 5' 5'  
B4 From rear lot line (min) 20’ 20' 20' 15'  
C. Accessory Structure Setbacks: See Section 6.7.2.  
D. Height  
D1 Principal building (max) 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories 40'/ 3 stories  
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.  

 

Sec. 2.4.4. Townhouse i

Sec. 2.4.4. Townhouse i aaron.sheppard… Tue, 05/23/2023 - 09:36
Image
townhouse
Image
townhouse
  R-2 R-4 R-6 R-10
A. Site Dimensions
A1 Net site area/unit (min) 7,500 sf 4,500 sf 3,000 sf 2,250 sf
A2 Width (min) 65' 50' 45' 30'
B. Lot Dimensions
B1 Area (min) n/a n/a n/a n/a
B2 Width (min) 16’ 16' 16' 14'
C. Building/Structure Setbacks
C1 From primary street (min) 20' 10' 10' 10'
C2 From side street (min) 20' 10' 10' 10'
C3 From side site boundary line (min) 10’ 10’ 10’ 6'
C4 From rear site boundary line (min) ii 20' 20' 20' 20'
C5 From alley (min) iii 4' or 20' min 4' or 20' min 4' or 20' min 4' or 20' min
C6 Internal building separation 10’ 10’ 10’ 10’
C7 Residential infill rules may apply (see Sec. 2.2.7.) no yes yes yes
D. Parking Setbacks iv
D1 From primary street (min) 20' 20' 20' 20'
D2 From side street (min) 10' 10' 10' 10'
D3 From side lot line (min) 0' 0' 0' 0'
D4 From rear lot line (min) 3' 3' 3' 3'
D5 From alley, garage only (min) 4' 4' 4' 4'
D6 Residential infill rules may apply (see Sec. 2.2.7.) no yes yes yes
E. Height
E1 Principal building (max) 45'/ 3 stories 45'/ 3 stories 45'/ 3 stories 45'/ 3 stories
E2 Accessory structure (max) 26' 26' 26' 26'
E3 Residential infill rules may apply (see Sec. 2.2.7.) no yes yes yes
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

i A townhouse development containing only two dwelling units shall be regulated by the standards of Sec. 2.4.3., Attached House, however: (a) a minimum site area per unit equal to one-half the land area specified in 2.4.3.A1 is required; (b) Sec. 2.4.4.B. shall still control provided a minimum site width equal to the dimensions specified by Sec. 2.4.3.A2. is met; and (c) Sec. 2.4.3.B3. shall only apply to the non-party wall side lot line.

ii A permanently recorded open lot or common area lot of at least 20 feet in width may be used to satisfy Sec. 2.4.4.C4.

iii Garages (or a portion thereof) must either be located 4 feet from the travel lane of an alley or rear access drive or be a minimum of 20 feet from the alley or rear access drive. Where parking spaces are located between the garage and the alley or rear access drive, the garage must be located at least 20 feet from the travel lane of an alley or rear access drive.

iv Parking setbacks shall not apply to driveways serving individual dwelling units or shared between two dwelling units.

Sec. 2.4.5. Apartment

Sec. 2.4.5. Apartment aaron.sheppard… Tue, 05/23/2023 - 09:37
Image
 2-4-5-apartment-1
Image
 2-4-5-apartment-2
    R-6 R-10
A. Lot Dimensions
A1 Area (min) 8,000 sf 6,000 sf
A2 Width (min) 45’ 30’
A3 Lot area per unit (min) 2,000 sf 1,500 sf
B. Building/Structure Setbacks
B1 From primary street (min) 10’ 10’
B2 From side street (min) 10’ 10’
B3 From side lot line (min) 5’ 5’
B4 From rear lot line (min) 20’ 20’
B5 From alley i 4’ or 20’ min 4’ or 20’min
C. Parking Setbacks
C1 From primary street (min) 10’ 10’
C2 From side street (min) 10’ 10’
C3 From side/rear lot line (min) 0’ 0’
C4 From rear lot line (min) 3’ 3’
C5 From alley (min) 4’ 4’
D. Height
D1 Principal building (max) 45’/3 stories 45’/3 stories
D2 Accessory structure (max) 26’ 26’
E. Pedestrian Access
E1 Street-facing entrance required (min 1 per building) yes yes

See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements.

i Garages (or a portion thereof) must either be located 4 feet from the travel lane of an alley or
rear access drive or be a minimum of 20 feet from the travel lane of an alley or rear access drive.
Where parking spaces are located between the garage and the alley or rear access drive, the
garage must be located at least 20 feet from the travel lane of an alley or rear access drive.

Sec. 2.4.6. Civic Building

Sec. 2.4.6. Civic Building aaron.sheppard… Tue, 05/23/2023 - 09:37
Image
 2-4-6-civic-building-1
Image
 2-4-6-civic-building-2
    R-1  R-2  R-4  R-6  R-10 
A. Lot Dimensions
A1  Area (min)  20,000 sf  10,000 sf  6,000 sf  4,000 sf  4,000 sf 
A2  Width (min)  80'  65'  50'  45'  45' 
B. Building/Structure Setbacks
B1  From primary street (min) 20'  20'  10'  10'  10' 
B2  From side street (min) 20'  20'  10'  10'  10' 
B3  From side lot line (min) 10'  20'  10'  10'  10' 
B4  From rear lot line (min) 30'  30'  20'  20'  20' 
C. Parking Setbacks
C1  From primary street (min) 20'  20'  10'  10'  10' 
C2  From side street (min) 10'  10'  10'  10'  10' 
C3  From side/rear lot line (min) 10'  10'  6'  6'  6' 
D. Height
D1  Principal building (max) 40'/ 3 stories  40'/ 3 stories  40'/ 3 stories  45'/ 3 stories  45'/ 3 stories 
D2  Accessory structure (max) 26'  26'  26'  26'  26' 
See Sec. 1.5.4.D “Building Setbacks” for specific building element requirements. 

Sec. 2.4.7. Open Lot

Sec. 2.4.7. Open Lot aaron.sheppard… Tue, 05/23/2023 - 09:38
Image
 2-4-7-open-lot-1
Image
 2-4-7-open-lot-2
  R-1  R-2  R-4  R-6  R-10 
A. Lot Dimensions
A1  Area (min)  20,000 sf  10,000 sf  6,000 sf  4,000 sf  4,000 sf 
A2  Width (min) 80'  65'  50'  45'  45' 
A3  Building coverage (max) 15%  17%  20%  22%  22% 
B. Building/Structure Setbacks
B1  From primary street (min) 20'  20'  10'  10'  10' 
B2  From side street (min) 20'  20'  10'  10'  10' 
B3  From side lot line (min) 10'  20'  10'  10'  10' 
B4  From rear lot line (min) 30'  30'  20'  20'  20' 
C. Parking Setbacks
C1  From primary street (min) 20'  20'  10'  10'  10' 
C2  From side street (min) 10'  10'  10'  10'  10' 
C3  From side/rear lot line (min) 10'  10'  10'  10'  10' 
D. Height
D1  All building/structures (max) 40’/ 3 stories  40’/ 3 stories  40’/ 3 stories  40’/ 3 stories  40’/ 3 stories 
See Sec. 1.5.4.D “Building Setbacks" for specific building element requirements.

Article 2.5. Common Open Space Requirements

Article 2.5. Common Open Space Requirements aaron.sheppard… Mon, 05/08/2023 - 10:04

Sec. 2.5.1. Amount of Open Space

Sec. 2.5.1. Amount of Open Space aaron.sheppard… Tue, 05/23/2023 - 09:39

Applicants that choose the conservation standards must set aside at least the minimum acreage specified in Sec. 2.4.1.B1. as common open space. Applicants that choose the compact standards must set aside at least the minimum acreage as specified in Sec. 2.3.1.B1. as common open space. The amount of required common open space is calculated as a percentage of the net site area.

Sec. 2.5.2. Open Space Allocation

Sec. 2.5.2. Open Space Allocation aaron.sheppard… Tue, 05/23/2023 - 09:39

In allocating land for required common open space, the following hierarchy of primary and secondary open space applies.

  1. Primary Open Space
    The following are considered primary open space areas and must be the first areas reserved as required open space:
    1. Floodway areas;
    2. Natural resource buffers required along primary and secondary watercourses (see open space bonus allowance in Sec. 9.2.3 A.1.d);
    3. Slopes above 25% of at least 5,000 square feet contiguous area;
    4. Jurisdictional wetlands under federal law (Clean Water Act, Section 404) that meet the definition applied by the Army Corps of Engineers; and
    5. Transitional protective yards.
  2. Secondary Open Space
    The following are considered secondary open space areas and must be included as required open space once the primary open space areas are exhausted:
    1. Floodway fringe and/or future conditions flood hazard areas.
  3. Tertiary Open Space
    The following are considered tertiary open space areas and must be included as required open space once the primary and secondary open space areas are exhausted:
    1. Historic, archeological and cultural sites, cemeteries and burial grounds;
    2. Significant natural features and scenic viewsheds such as ridge lines, field borders, meadows, fields, river views, natural woodlands that can be seen from roadways and serve to block the view of the project in whole or in part;
    3. Habitat for federally-listed endangered or threatened species;
    4. Individual existing healthy trees greater than 10 inches DBH and their critical root zones;
    5. Areas that connect to neighboring open space, trails or greenways;
    6. Soils with severe limitations due to drainage problems; and
    7. Tree conservation areas.

Sec. 2.5.3. Configuration of Open Space

Sec. 2.5.3. Configuration of Open Space aaron.sheppard… Tue, 05/23/2023 - 09:40
  1. The minimum width for any required open space is 50 feet. Exceptions may be granted for items such as trail easements and linear parks and 32-foot wide tree conservation areas.
  2. At least 60% of the required open space must be contiguous. For the purposes of this section, contiguous includes any open space bisected by a Local Street or Mixed Use Street, provided that:
    1. A pedestrian crosswalk provides access to the open space on both sides of the street; and
    2. The right-of-way area is not included in the calculation of minimum open space required.
  3. Where feasible, the open space should adjoin any neighboring areas of open space, other protected areas and non-protected natural areas.
  4. The required open space must be directly accessible to the largest practicable number of dwelling units within the development. Non-adjoining lots must be provided with safe, convenient access to the open space.
  5. No lot can be farther than a ¼-mile radius from the open space. This radius is measured in a straight line from the lot line, without regard for street, sidewalk or trail connections, to the nearest point of the open space.
  6. Access to the open space must be provided either by an abutting street or easement not less than 20 feet in width.
  7. Open space can be relocated in an approved development, provided the following standards are met:
    1. The amount of open space shall be equal to or greater than the amount shown on the approved plan.
    2. Open space adjacent to a recorded tree conservation area cannot be relocated to an area absent tree conservations area.
    3. Open space areas contained in the list of "primary open space" in Sec. 2.5.2.A cannot be relocated to a secondary or tertiary open space area as defined in Sec. 2.5.2.B. and C. Open space areas contained in the list of "secondary open space" in Sec. 2.5.2.B. cannot be relocated to "tertiary" open space as defined in Sec. 2.5.2.C.

Sec. 2.5.4. Allowed Uses of Open Space

Sec. 2.5.4. Allowed Uses of Open Space aaron.sheppard… Tue, 05/23/2023 - 09:41

To the extent not otherwise prohibited, required open space may be used for the following:

  1. Conservation areas for natural, archeological or historical resources;
  2. Meadows, woodlands, wetlands, wildlife corridors, game preserves or similar conservation-oriented areas;
  3. Pedestrian or multipurpose trails;
  4. Passive recreation areas;
  5. Active recreation areas, provided that impervious area is limited to no more than 25% of the total open space (active recreation areas in excess of this impervious area limit must be located outside of the required open space);
  6. Golf courses (excluding clubhouse areas and maintenance facilities), provided the area does not exceed 50% of the required open space and further provided that impervious area is limited to no more than 10% of the total open space;
  7. Water bodies, such as lakes and ponds and floodways provided the total surface area does not exceed 50% of the required open space;
  8. Restricted agriculture, community garden;
  9. Floriculture, horticulture, pasturage, row and field crops, viticulture, tree or sod farm, silviculture;
  10. Stormwater control measures; and
  11. Easements for drainage, access and underground utility lines.

Sec. 2.5.5. Stormwater Control Measures

Sec. 2.5.5. Stormwater Control Measures aaron.sheppard… Tue, 05/23/2023 - 09:41

No more than 25% of the required common space shall be devoted singularly or collectively to detention ponds, sand filters and retention ponds, provided, this limitation
shall have no application to any retention pond that meets all of the following:

  1. The retention pond or closely connected series of ponds is one-half acre water surface area at normal pool in size or greater;
  2. The retention pond is surrounded by open space;
  3. The retention pond is accessible to all homeowners; and
  4. The retention pond is an amenity complying with Sec. 7.2.6.

Sec. 2.5.6. Prohibited Uses of Open Space

Sec. 2.5.6. Prohibited Uses of Open Space aaron.sheppard… Tue, 05/23/2023 - 09:42

Required open space cannot be used for the following:

  1. Individual wastewater disposal systems;
  2. Overhead electric transmission lines or high voltage electric transmission lines; and
  3. Streets (except for street crossings as expressly provided) and impervious parking areas.

Sec. 2.5.7. Ownership and Management of Open Space

Sec. 2.5.7. Ownership and Management of Open Space aaron.sheppard… Tue, 05/23/2023 - 09:42
  1. Ownership
    Required open space must be owned and maintained by one of the following entities:
    1. Land Conservancy or Land Trust
      A bona fide land conservancy or land trust with the legal authority may own the open space. The responsibility for maintaining the open space and any facilities may be borne by a land conservancy or land trust.
    2. Homeowners' Association
      A homeowners' association representing residents of the development may own the open space. The homeowners' association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities is borne by the homeowners' association.
  2. Conveyance
    The conveyance of common open space shall be in accordance with the following:
    1. Open space shall be conveyed to the land conservancy or homeowners' association in fee simple without any encumbrances except drainage, greenway and utility easements. Title to the real property shall be conveyed no later than the time of the conveyance of the first lot within the applicable phase of the development.
    2. Open space shall be preserved for the perpetual benefit of the residents within the development and it shall be restricted against private or public ownership for any other purpose except acquisition by condemnation or in lieu of condemnation and the granting of utility, drainage and greenway easements.
  3. Dissolution
    If the homeowner’s association is dissolved, the open space may be offered to another entity who shall be responsible for the maintenance and upkeep of the open space. If no other offer is accepted, the open space shall be offered to the City and if accepted, deeded to the City.

Article 2.6. Additional Housing Patterns

Article 2.6. Additional Housing Patterns aaron.sheppard… Mon, 05/08/2023 - 10:05

Sec. 2.6.1. Cottage Court

Sec. 2.6.1. Cottage Court aaron.sheppard… Tue, 05/23/2023 - 09:43
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  1. Description
    A cottage court is a group of small detached houses, attached houses, townhouses (two-unit maximum per building), or tiny houses sharing a common courtyard. The courtyard enhances the character of the area through the provision of consolidated open space. A cottage court may be developed on individual lots or with a common form of ownership.
  2. Districts Allowed In
    R-2, R-4, R-6, R-10
  3. Building Types Allowed
    Detached house, attached house, townhouse (two-unit maximum per
    building), tiny house
  4. Site and Lot Dimensions
      R-2 R-4 R-6 R-10
    D1 Net site area (min) 53,200 sf 26,600 sf 16,000 sf 13,000 sf
    D2 Site Width (min) 140' 140' 120' 90'
    D3 Site Depth (min) 120'  120'  100'  90' 
    D4 Site area per non-Tiny House dwelling unit over four (min) 13,300 sf  6,650 sf  4,000 sf  2,650 sf 
    D5 Site area per Tiny House dwelling unit over four (min) 10,000 sf  5,000 sf  3,000 sf  2,000 sf 
    D6 Dwelling units per site (max) 30  30  30  30 
    D7 Dwelling unit gross floor area (max)1 1,800 sf  1,800 sf  1,800 sf  1,800 sf 
    D8 Detached accessory structure footprint (max)2 450 sf  450 sf  450 sf  450 sf 
    D9 Individual lot area (min) No min.  No min.  No min.  No min. 
    1 A Tiny House may be no larger than 800 sf in building footprint and no more than 1200 sf in gross floor area.
    2 A detached accessory structure must be less than the gross floor area of the principal dwelling.
  5. Internal Courtyard
    Image
     2-6-1-cottage-court-3
      R-2 R-4 R-6 R-10
    E1 Area (min)  4,000 sf  3,250 sf  2,600 sf  2,100 sf 
    E2 Width as measured parallel to primary street for first 15' of site depth (min)1  60'  50'  40'  30' 
    E3 Courtyard area per non-Tiny House unit over four (min)  1,000 sf  850 sf  700 sf  550 sf 
    E4 Courtyard area per Tiny House unit over four (min)  750 sf  425 sf  350 sf  225 sf 
    E5 Setback from primary street (max)  0'  0'  0'  0' 
    1 No portion of the minimum internal courtyard area (E1) may be less than 20 feet in width and length.
  6. Principal Building/Structure Setbacks (Site)
    Image
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      R-2 R-4 R-6 R-10
    F1 From primary street (min)  20'  20'  10'  10' 
    F2 From side street (min)  15'  15'  10'  10' 
    F3 From side site line (min)  10'  10'  10'  10' 
    F4 From rear site line (min)  20'  20'  20'  20' 
    F5 From alley (min)  5'  5'  5'  5' 
    F6 Building separation (min)  6'  6'  6'  6' 
    F7 From internal cottage court lot line (min) 3' 3' 3' 3'
    F8 From shared internal townhouse lot (min) 0' 0' 0' 0'
    Residential infill rules (Sec. 2.2.7) do not apply
  7. Surface Parking Setbacks
      R-2  R-4  R-6  R-10 
    G1 From primary street if not screened from primary street by C3 yard or principal structure (min)  90'  90'  90'  90' 
    G2 From primary street if screened from primary street by C3 yard or principal structure (min) 50'  50'  50'  50' 
    G3 From side street (min) 10'  10'  10'  10' 
    G4 From side lot line (min) 5'  5'  5'  5' 
    G5 From rear lot line (min) 5'  5'  5'  5' 
    G6 From alley (min) 0'  0'  0'  0' 
    Parking setbacks shall not apply to driveways serving individual dwelling units or shared between two dwelling units.
  8. Height
      R-2  R-4  R-6  R-10 
    H1 Non-Tiny House building height (max) 30'  30'  30'  30' 
    H2 Tiny House building height (max) 26'  26'  26'  26' 
    Residential Infill rules (Sec. 2.2.7) do not apply.
  9. Courtyard Requirements and Restrictions
    1. At least 60% of the courtyard must be one contiguous open space.
    2. Courtyard may not be parked or driven upon.
    3. One common building (detached house building type) not to exceed 3,000 square feet in gross floor area may be permitted in the courtyard under the following conditions:
      1. The common building may not be used as a dwelling.
      2. Uses within the common building must be accessory to the cottage court development.
      3. The common building shall not count towards the maximum number of dwelling units per site (Sec. 2.6.1.D.6.)
      4. Notwithstanding the forgoing, the common building must comply with all other requirements of Section 2.6.1.
    4. Inclusive of the common building, up to 20% of the minimum internal courtyard area (Sec. 2.6.1.E.1.) may be covered, however only 10% of the minimum internal courtyard area (Sec. 2.6.1.E.1.) may be enclosed.
    5. Stormwater detention wet ponds and dry ponds shall not count towards the minimum internal courtyard area (Sec. 2.6.1.E.1.) Green Stormwater Infrastructure (GSI) practices may be used to meet up to 50% of the minimum internal courtyard area (Sec. 2.6.1.E.1.)
    6. Tree Conservation Areas shall not be included as part of the minimum internal courtyard area (Sec. 2.6.1.E.1.)
    7. Retaining walls within the courtyard may be no taller than 4’ in height. Retaining walls that are 2’ or less in height may be spaced as close as 10’ apart. All other retaining walls must be spaced a minimum of 20’ apart.
    8. Pedestrian Access meeting the requirements of Section 8.3.5. shall be provided from each dwelling unit to the courtyard and any other common areas.
  10. Additional Requirements for Manufactured Homes to Qualify as Tiny Houses
    A Tiny House may be a Manufactured Home as defined Article 12.2. if it meets all of the following:
    1. The predominant roofline shall have a pitch of 5:12 or greater.
    2. The eave projections of the roof must not be less than ten inches (excluding roof gutters) unless the roof pitch is 8:12 or greater.
    3. The minimum height of the first-story exterior wall must be at least seven feet, six inches.
    4. Materials used as exterior wall covering shall be of a non-reflective material.
    5. Foundation skirting shall comply with the requirements set forth in Section 4.5.3.D.

Sec. 2.6.2. Detached House Additions

Sec. 2.6.2. Detached House Additions aaron.sheppard… Tue, 05/23/2023 - 09:44

When an existing detached house is converted to an attached or apartment building type and an addition is added to the existing building, the following regulations apply:

  1. The addition must contain the same building materials as the existing structure;
  2. The roof pitch and form of the addition shall be the same as the existing structure;
  3. The height of the addition shall not exceed the height of the existing structure;
  4. The building addition shall not cumulatively exceed 50% of the floor area of the existing structure; and
  5. Additions made after September 1, 2013, which do not comply with paragraphs A through D. above shall not be used for conversions that add one or more dwelling units.

Sec. 2.6.3. Accessory Dwelling

Sec. 2.6.3. Accessory Dwelling aaron.sheppard… Tue, 05/23/2023 - 09:44
  1. Purpose and Objectives
    The Accessory Dwelling housing pattern provides for the development of an accessory dwelling unit or units on a lot with an existing Detached House or Tiny House as an accessory use to a principal use of Single-unit Living, or on a lot with an existing Attached House, Townhouse or Tiny House as an accessory use to a principal use of Two-unit Living, or on a lot developed with an existing Townhouse as an accessory use to a principal use of Multi-unit Living.
  2. Base Standards Apply
    Except as specifically set forth in this section, the allowed uses, the dimensional requirements, height limits and general development standards of the underlying zoning district apply.
  3. Definition
    An Accessory Dwelling Unit (ADU) is a self-contained dwelling unit that is located on the same lot as a principal dwelling that meets the regulations identified in Section 2.6.3.D. An Accessory Dwelling Unit may be located above a garage. Accessory Dwelling Units may be detached, attached, or internal to the principal dwelling. Only residential uses are permitted in Accessory Dwelling Units with the exception that a Live-Work use, as defined in Sec. 6.7.3.E., may be allowed in an ADU so long as that is the only Live-Work use present on the lot. The Live-Work use must meet the definition of an accessory use to the principal residential use on the lot as described in Sec. 6.7.1.
  4. Accessory Dwelling Unit Regulations
    In accordance with this section, an accessory dwelling unit shall conform with the following development regulations:
    1. An ADU shall be located on the same lot as a principal dwelling and meet both of the following:
      1. The gross floor area of the accessory dwelling shall be less than the gross floor area of the total principal dwelling; and
      2. Shall be affixed to or constructed on a permanent foundation and not be a manufactured home or moveable structure except as specified in Sec. 2.6.3.D.6. below.
    2. There shall be no more than one ADU on the same lot as a principal dwelling unless it is located in a Frequent Transit Area as shown on the City’s Comprehensive Plan which would then allow for up to two ADUs on the same lot as a principal dwelling. However, in the Frequent Transit Area, only one ADU can be attached to the principal dwelling. In the case of a townhouse development only one ADU is permitted per townhouse lot whether within a Frequent Transit Area or not;
    3. It shall be accessed by a lockable external entrance;
    4. Ownership of an ADU shall not be transferred apart from its principal dwelling unit;
    5. It shall meet all relevant standards and requirements of the UDO, provided however accessory dwelling units shall not be subject to Sections 6.7.1. and 6.7.2. with the exception of 6.7.2.B.
    6. An Accessory Dwelling Unit may be a Manufactured Home as defined in Article 12.2 if it meets all of the following:
      1. The predominant roofline shall have a pitch of 5:12 or greater.
      2. The eave projections of the roof must not be less than ten inches (excluding roof gutters) unless the roof pitch is 8:12 or greater.
      3. The minimum height of the first-story exterior wall must be at least seven feet, six inches.
      4. Materials used as exterior wall covering shall be of a non-reflective material.
      5. Foundation skirting shall comply with the requirements set forth in Section 4.5.3.D.
      6. The Manufactured Home is no greater than 600 square feet in gross floor area.
    7. Unless attached thereto by a common wall, an ADU must be separated by at least 6’ from any other building on the lot.
    8. All ADU entrances must be externally accessible by pedestrians from either the driveway, street and/or alley from which the lot takes access.
    9. ADUs are not permitted on Flag Lots.
    10. Encroachments into setbacks are permitted pursuant to Section 1.5.4.D.
    11. Vertical encroachments are permitted pursuant to Sections 1.5.7.D.2. and 1.5.7.D.3.g.
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  5. Description An Accessory Dwelling Unit (ADU) is a self-contained dwelling unit that is located on the same lot as a principal dwelling that meets the regulations identified in Section 2.6.3.D. An ADU may be located above a garage. ADUs may be detached, attached, or internal to the principal dwelling. Only residential uses are permitted in ADUs.
  6. Districts Allowed In
    R-1, R-2, R-4, R-6, R-10
  7. Building Specifications
    Lot Area   Greater than 40,000 sf 10,000 sf to 40,000 sf Less than 10,000 sf
    G1 Gross Floor Area (max)1 1,000 sf 800 sf 800 sf
  8. Detached ADU Setbacks
    Lot Area   Greater than 40,000 sf 10,000 sf to 40,000 sf Less than 10,000 sf
    H1 From primary street (min) Must be located at or behind the front wall of the house.
    H2 From side street (min) 20' 20' 10'
    H3 From side lot line (min)2 10' 5' 5'
    H4 From rear lot line (min)3 10' 5' 5'
    H5 From alley (min) 4' without parking / 20' with parking 4' without parking / 20' with parking 4' without parking / 20' with parking
  9. Height
    Lot Area   Greater than 40,000 sf 10,000 sf to 40,000 sf Less than 10,000 sf
    I1 Overall height (max) 26' 26' 26'
    1Gross floor area shall include all conditioned space. Attached unconditioned space shall be included in the calculation of accessory structure floor area.
    2For townhouse lots, H3 shall only apply to the side site boundary.
    3For townhouse lots, H4 shall only apply to the rear site boundary.

Sec. 2.6.4. Flag Lots

Sec. 2.6.4. Flag Lots aaron.sheppard… Tue, 05/23/2023 - 09:45
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A. Districts Allowed In
A1 Zoning Districts R-4, R-6, R-10
B. Building Types Allowed
B1 Flag Lot Tiny House
B2 Residual Lot Determined by base zoning district
C. Flag Lot Dimensions Non-Frequent Transit Areas Frequent Transit Areas
C1  Lot Width (min)  10' 10'
C2  Lot Depth (min)  R-4: 70' R-4: 70'
R-6: 50' R-6: 50'
R-10: 40' R-10: 40'
C3  Lot Area (min)  3,500 sf 2,500 sf
D. Flag Lot Principal Building Setbacks
D1  From Primary Street (min)  R-4: 20' R-4: 20'
R-6: 10' R-6: 10'
R-10: 10' R-10: 10'
D2  From Side Street (min)  R-4: 20' R-4: 20'
R-6: 10' R-6: 10'
R-10: 10' R-10: 10'
D3  From Side Lot Line (min)  5' 5'
D4  Residual Lot Boundary Line (min)  5' 5'
D5  From Rear Lot Line (min)  10' 10'
D6  Setback - From Alley (min)  4' or 20' min 4' or 20' min
D7  Residential Infill Rules may apply (See Sec. 2.2.7)  no no
E. Flag Lot Driveway 
E1  Driveway Treatment  Only Ribbon style or Permeable Surface.  Only Ribbon style or Permeable Surface. 
E2  Driveway Spacing  See Sec. 8.3.5.C.2.  See Sec. 8.3.5.C.2. 
E3  Driveways and Cross Access  See Article 9.5 of the Raleigh Street Design Manual  See Article 9.5 of the Raleigh Street Design Manual 
E4  Residential Infill Rules may apply (See Sec. 2.2.7)  Yes, however driveway spacing only applicable adjacent to lots external to the flag lot subdivision.  Yes, however driveway spacing only applicable adjacent to lots external to the flag lot subdivision.

 

  R-4 R-6 R-10
F. Residual Lot Dimensions (min)
F1 Lot Width (min) 48' 33' 25'
F2 Lot Depth (min) 70' 50' 40'
G. Residual Lot Setbacks (min)
G1 Rear setback to Flag Lot (min). However, standard District Rear Yard Setbacks (min) for the Principal Structure must be maintained to all rear yard properties external to the flag lot subdivision/ recombination. 5' 5' 5'
G2 Side setback to Flag Lot Pole (min)1 5' 5' 5'
G3 Residential Infill Rules may apply (See Sec. 2.2.7) Yes Yes Yes
Unless provided for above, refer to applicable building type regulations set forth in
Articles 2.2.
1 G2 may be less than 5' if a no-build easement is recorded on the adjacent Flag Lot Pole.
The width of the setback on the residual lot plus the width of the no-build easement must
be a minimum of 10'.

Article 2.7. Frequent Transit Development Option

Article 2.7. Frequent Transit Development Option aaron.sheppard… Mon, 05/08/2023 - 10:06

The Frequent Transit Development Option allows for additional housing in locations near current and planned frequent transit service. A Frequent Transit Area refers to areas slated for bus or other transit service where the time between vehicles will be 15 minutes or less during peak service periods and must be mapped in the City’s Comprehensive plan as such. Where a regulation in this section conflicts with a regulation of a Neighborhood Conservation Overlay District (NCOD), the NCOD regulation shall control.

Sec. 2.7.1. Frequent Transit Development Option

Sec. 2.7.1. Frequent Transit Development Option aaron.sheppard… Tue, 05/23/2023 - 09:46
  R-4  R-6  R-10 
A. Building Types 
A1  Applicable Building Types  Tiny House, Detached House, Attached House, Townhouse, Apartment  Detached House, Attached House, Townhouse, Apartment  Detached House, Attached House, Townhouse, Apartment 
B. Lot Dimensions 
B1  Area (min)  6,500 sf  4,000 sf  2,500 sf 
B2  Lot width (min)  65'  50'  45' 
B3  Depth (min)  100'  80'  60' 
B4  Density (max)  n/a  n/a  n/a 
B5  Outdoor Amenity Area (min) for Townhouse (3+ units) and Apartment  10%  10%  10% 
C. Lot Area Required per Unit1 
C1  Single-unit living (min)  6,500 sf  4,000 sf  2,500 sf 
C2  Two-unit living (min)  2,500 sf  1,500 sf  1,000 sf 
C3  Multi-unit living (min)  2,000 sf  1,200 sf  800 sf 
D. Principal Building Setbacks 
D1  From primary street (min)  10'  10'  10' 
D2  From side street (min)  10'  10'  10' 
D3  From side lot line (min)2  5’  5’  5’ 
D4  From rear lot line (min)3  25'  15'  15' 
D5  From Alley (min)4  4’ or 20’  4’ or 20’  4’ or 20’ 
D6  Residential infill rules may apply (see Sec. 2.2.7.)5  yes  yes  yes 
E. Height 
E1  Detached/Attached Principal  40’/3  40’/3  40’/3 
Building (max)  stories  stories  stories 
E2  Townhouse/Apartment  45’/3  45’/3  45’/3 
Principal Building (max)  stories  stories  stories 
E3  Tiny House (max)  26’/2  26’/2  26’/2 
stories  stories  stories 
E4  Accessory Structure (max)  26'  26'  26' 
E5  Residential Infill rules may apply (see Sec. 2.2.7)  No  No  No 
F. Parking Setbacks6 
F1  From Primary Street (min)  10’  10’  10’ 
F2  From Side Street (min)  10’  10’  10’ 
F3  From Side Lot Line (min)  0’  0’  0’ 
F4  From Rear Lot Line (min)  3’  3’  3’ 
F5  From Alley (min)  4’ or 20’ min  4’ or 20’ min  4’ or 20’ min 
F6  Residential Infill rules may apply (see Sec. 2.2.7)  No  No  No 
G. Additional Requirements 
G1  ADU Regulations  There shall be no more than one ADU on the same lot as a principal building unless it is located in a Frequent Transit Area as shown on the City’s Comprehensive Plan which would then allow for up to two ADUs on the same lot as a principal dwelling, including attached ADUs. However, in a Frequent Transit Area, only one ADU can be attached or internal to the principal building. In the case of a townhome development only one ADU is permitted per principal dwelling. See Sec. 2.6.3 for additional regulations. 
G2  This development option cannot be used in concert with Compact or Conservation Development option. 
G3  Lots utilizing this option shall have at least a portion of each lot within the mapped Frequent Transit Area in 20 order to take advantage of any regulations listed herein. 
G47  A development site utilizing this option in a residential zoning district shall contain no more than twelve (12) residential units; however, a development site may contain additional residential units provided a number of units equal to at least twenty percent (20%) of the residential units over twelve (12) established within the development site shall be affordable for households earning sixty percent (60%) of the Area Median Income or less for a period of no less than 30 years from the date of issuance of a certificate of occupancy. 
See Sec. 1.5.4.D "Building Setbacks" for specific building elements requirements. 
1 For Townhouse buildings, this standard shall apply to site area and not lot area. 
2 For Townhouse buildings, C3 shall only apply to the side site boundary. 
3 For Townhouse buildings, C4 shall only apply to the rear site boundary. A permanently recorded open lot or common area lot of at least 20 feet in width may be used to satisfy Sec.2.5.1.C.4. 
4 Garages (or a portion thereof) must either be located 4 feet from the travel lane of an alley or rear access drive or be a minimum of 20 feet from the alley or rear access drive. Where parking spaces are located between the garage and the alley or rear access drive, the garage must be located at least 20 feet from the travel lane of an alley or rear access drive. 
5 The property owner may elect to either adhere to the primary street setback range set forth in Section 2.2.7,if applicable, or follow only the applicable zoning district’s minimum primary street setback regulation. 
6 Parking setbacks shall not apply to driveways serving individual dwelling units or shared between two dwelling units. 
7 The rent and income limits will follow the Affordable Housing Standards determined annually by the City of Raleigh Housing & Neighborhoods Department. An Affordable Housing Deed Restriction in a form approved by the City shall be filed and recorded in the property’s chain of title by the property owner in the Wake County Register of Deeds prior to the project receiving a certificate of occupancy. The property owner of development approved under this section shall provide an annual report to the City to demonstrate compliance with the requirements of this section. The report shall utilize a form prescribed by the City and shall be submitted in accordance with a schedule set by the City. Affordable units used to meet the requirements of this section shall be constructed concurrently with the project’s market rate units.