1. Each Mixed Use District is comprised of one or more of the following components:
   1. Use and Base Dimensions (RX-, OP-, OX-, NX-, CX-, DX-, IX-);
   2. Height (-3, -4, -5, -7, -12, -20, -30, -40); and
   3. Frontage (-PK, -DE, -PL, -GR, -UL, -UG, -SH, -GP).
2. A variety of Mixed Use Districts can be constructed by applying different height and frontage configurations as shown in the table below.
3. Each Mixed Use District must include a height designation. A frontage is optional unless it has already been applied to the property and designated on the Official Zoning Map.
4. Neighborhood transitions apply when adjacent to a residential district (see Article 3.5. Neighborhood Transitions).

Image

Image

See Sec. 1.5.4.D “Building Setbacks” for specific building elements requirements.
ⁱ A townhouse development containing only two dwelling units shall be regulated by the standards of Sec. 3.2.2., Attached House, however: (a) a minimum site area per unit of one-half the area required by Sec. 3.2.2.A1. is required; (b) Sec. 3.2.3.B. shall still control provided a minimum site width equal to the dimensions specified by Sec. 3.2.2.A2. is met; and (c) Sec. 3.2.2.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. 3.2.3.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.

Image

Image

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

D. 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.

1. Each Mixed Use District must include one of the following height designations. The designation establishes the maximum height in stories and feet for each mixed use district. For example, CX-5 has a maximum height limit of 5 stories and 80 feet.
   -3            3 stories / 50 feet max
   -4            4 stories / 68 feet max
   -5            5 stories / 80 feet max
   -7             7 stories
   -12           12 stories
   -20          20 stories
   -30          30 stories
   -40          40 stories
2. The height requirements apply to apartments, general buildings, mixed use buildings and civic buildings. Maximum heights for detached house, tiny house, attached house, townhouse and open lot are set forth in Article 3.2. Base Dimensional Standards.
3. The minimum height requirements apply only to the Urban Frontages. The Urban Frontages include the following: Green, Green Plus, Urban Limited, Urban General and Shopfront. Civic buildings are exempt from the minimum height requirements.
4. The Transit Overlay District (TOD) allows for building heights in excess of the maximum height of the underlying district for certain uses or development types as defined in Section 5.5.1 Transit Overlay District.
5. When a mezzanine or mezzanines comprise less than 50% of the floor area of the room or space in which they are located, they are not considered a story. When a mezzanine or mezzanines comprise 50% or more of the floor area of the room or space in which they are located, they are considered a story. If a building is taller than five stories, mezzanines are permitted within only two stories of that building. Any additional intermediate level otherwise qualifying as a mezzanine is considered an additional story. If a building has five or fewer stories, there is no limit on the number of stories in that building that may contain a mezzanine.

1. Intent
   The intent of the building massing regulations is to manage the impact of tall buildings located near the public right-of-way. Stepbacks are intended to avoid a canyon effect by providing access to light and air at street level, and mitigating wind impacts. The massing regulations also produce a consistent street wall and visually reduce the perceived scale of a building.
2. Stepbacks 
   Buildings of 13 or more stories are required to place a stepback above the 1st floor or 25’, whichever is greater, but below the 13th floor
   1. The stepback is only required on building faces adjoining the public street.
   2. The depth of a required stepback may be reduced by 5 feet if the cornice line of the stepback matches the cornice line of an adjacent building.
3. Floor Plate Size
   Above the 12th story, buildings are allowed 30,000 square feet of buildable area per story. The total amount of allowable square footage above the 12th story is thus defined as 30,000 square feet multiplied by the number of floors above 12 that are allowed per the site’s zoning. Larger floor plate size will result in fewer floors, whereas smaller floor plates will allow for taller towers. Buildings may not exceed the number of floors allowed by the underlying zoning district.
4. Design Alternate Findings
   The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), after conducting a duly noticed quasi-judicial evidentiary hearing in accordance with Sec. 10.2.17., shall approve an alternate building massing standard, if all of the following findings are satisfied:
   1. The approved alternate is consistent with the intent of the building massing regulations;
   2. The approved alternate uses an architectural base distinguishable from the building above that enhances the pedestrian environment through a change in material, fenestration, ornamentation, rhythm, or other sculpting of the base.
   3. If the approved alternate proposes a building setback behind the sidewalk in lieu of a required stepback, the resulting open space includes pedestrian amenities such as seating areas, trees and landscaping or outdoor dining.
   4. The building uses other architectural treatments to mitigate wind impacts, increase light at pedestrian level, and visually reduce the scale of the building.
   5. The building does not cause undue shadow impacts on public spaces, amenity areas, and surrounding streets.

Image

* Building separation is measured orthogonally to the wall plane.

Frontages link a desired development pattern with specific form requirements that mandate the type of development desired along the street edge. Frontages place different requirements from the base dimensional standards. Where there is a conflict between the base dimensional standards and the frontage requirements, the frontage requirements control.

Image

A. Parkway (-PK)
The -PK Frontage is intended to provide a heavily landscaped buffer between the roadway and adjacent development to ensure a continuous green corridor along the street right-of-way.

Image

B. Detached (-DE)
The -DE Frontage is intended for areas adjacent to roadways transitioning from residential to commercial. Accommodates neighborhood-scaled, low intensity commercial uses while maintaining the residential character of the street right of-way.

Image

C. Parking Limited (-PL)
The -PL Frontage is intended for areas where access to buildings by automobile is desired but where some level of walkability is maintained. Permits a maximum of 2 bays of on-site parking with a single drive aisle between the building and the street right-of-way.

Image

D. Green (-GR)
The -GR Frontage is intended for areas where it is desirable to locate buildings close to the street, but where parking between the building and street is not permitted. Requires a landscaped area between the building and the street right of-way.

Image

E. Urban Limited (-UL)
The -UL Frontage is intended for areas where parking between the building and street is not allowed. Buildings abut the street and sidewalk but to balance the needs of both the pedestrian and automobile lower street wall continuity is required.

Image

F. Urban General (-UG)
The -UG Frontage is also intended for areas where parking between the building and street is not allowed. Buildings abut the street and sidewalk but higher street wall continuity is required than the -UL Frontage.

Image

G. Shopfront (-SH)
The -SH Frontage is for intended for areas where the highest level of walkability is desired. The -SH Frontage is intended to create a “main street” type of environment; therefore, mixed use buildings are the primary building type allowed.

Image

H. Green Plus (GP)
Intended for areas where it is desirable to locate buildings close to the street, but where parking between the building and street is not permitted. Requires a treelined area between the building and the street right-of-way.

1. Urban Frontages
   The Urban Frontages include the following: Green, Green Plus, Urban Limited, Urban General and Shopfront.
2. Design of Parking Structures on Urban Frontages
   1. The ground story of structured parking must have active uses (such as, but not limited to, residential, commercial, office or civic space) located between the parking structure and any public sidewalk along a primary street or where the structured parking is within 30 feet of any other public sidewalk notwithstanding the existence of an intervening lot, unless the intervening lot is improved with an active use between the sidewalk and the structured parking.
   2. Ramping in the parking structure shall be internalized or otherwise screened.
   3. The ground floor facade treatment of any parking structure façade (building materials, windows and architectural detailing) shall be continued on upper stories. Upper stories shall be designed with a maximum horizontal and vertical rhythm of 30 feet that aligns with other elements along the block face.
   4. The maximum blank wall area (see Section 1.5.10.) of any parking structure façade shall be 20’. This requirement does not apply to screening elements affixed to the façade and used to meet the requirements of Sec. 7.2.5.F.
3. Preexisting Conditions
   1. All buildings, structures, pedestrian accesses, streetscapes and vehicular surface areas existing at the time that the frontage is first applied to the property shall not be deemed a zoning nonconformity solely because of frontage requirements. Replacement and repair of buildings, structures, pedestrian accesses, streetscapes and vehicular surface areas existing at the time that the frontage is first applied to the property may be made provided all of the following are met:
      1. Replacement is like for like.
      2. The replacement conforms to all provisions of this UDO except, frontage requirements.
      3. The damage or destruction is caused by means other than voluntary actions.
      4. Reconstruction and repair, not including interior work, shall not exceed 50% of the replacement cost immediately prior to the damage or destruction. Replacement cost shall be determined in accordance with Sec. 10.3.3.G.4 and 5.
      5. Reconstruction or repair is commenced with a valid building permit or zoning permit within 12 months of the date of such damage or destruction.
   2. Lots and sites subject to build-to requirements that contain pre-existing buildings and maintain pre-existing buildings and which add additions to existing buildings that singularly or collectively comprise no more than 25% of the gross floor area existing at the time the build-to requirements became applicable to the property, or 1,000 square feet, whichever is greater, are allowed to expand the building anywhere within their minimum setbacks, without deference to the build-to requirements. All other frontage requirements, if any, shall apply.
   3. Lots and sites subject to build-to requirements that contain pre-existing buildings and maintain pre-existing buildings and which either add additions to existing buildings in excess of those allowed by item number 2. above or construct any new additional buildings on the lot shall conform to the following build to requirements. All other frontage requirements, if any, shall apply.
      1. Additions
         Expansion of an existing building that is unable to meet the required build-to percentage must comply with the following provisions:
         1. Street-Fronting: Addition
            Additions to the front of an existing building would be allowed. The addition does not have to extend into the build-to area nor does it have to meet the required build-to percentage for the lot.
            Image

            
         2. Rear: Addition
            Image

            
            
            Rear additions are not allowed until the required build-to percentage for the lot has been met except when the addition is used exclusively for one or more of the following: loading areas, storage, kitchens, repair facilities (including bays for motor vehicles) and mechanical equipment.
            Image

            
            Image

            
         3. Non-street Side: Addition
            Non-street Side Additions are allowed where the side addition is at least as close to the build-to as the existing building because the extension increases the width of the building and does not set back any further than the existing building.
      2. New Buildings
         Image

         
         
         Where a new building is being constructed on a lot with an existing building that does not meet the build-to percentage requirement, the following provisions comply:
         1. Street-Fronting: New Building
            Image

            
            
            All new buildings must be placed in the build-to range until the required build-to percentage requirement has been met for the lot.
         2. Rear: New Building
            Image

            
            
            New buildings located in the rear of existing buildings are not allowed until the required build-to percentage requirements have been met for the lot.
         3. Non-street Side: New Building
            New buildings located outside of the build-to range are not allowed until the required build-to percentage requirements have been met for the lot.
   4. The Planning Director may, in accordance with Sec. 10.2.17., reduce the build-to requirement, subject to the findings set forth in Sec. 1.5.6.D.
   5. The streetscape requirements shall not apply whenever a Tier 1 site plan is applicable in accordance with Sec.10.2.8; in all other instances, the streetscape requirements shall apply. The additional parking limitations of this article shall be applied in accordance with Sec. 7.1.1.B.4. Related parking requirements of this UDO shall be in accordance with Sec. 7.1.1.B.
   6. Lots subject to build-to requirements that contain buildings existing at the time the frontage regulations were first applied to the property may, without deference to the build-to requirements, make voluntary renovations or alterations changing the exterior appearance of such buildings, including vertical expansions, that do not enlarge the footprint of the existing buildings, when done in accordance with the transparency and streetscape requirements of this UDO, and the pedestrian access requirements of this UDO when the costs of improvements exceed cumulatively $10,000 in any calendar year. Voluntary demolitions or tear-downs shall be replaced with building improvements that comply with the regulations of the applicable build-to requirements and all other frontage requirements.
   7. In the event that buildings, structures, pedestrian accesses, streetscapes and vehicular surface areas existing at the time that the frontage is first applied to the property is damaged or partially destroyed, by exercise of eminent domain, riot, fire, accident, explosion, flood, lightning, wind or other calamity or natural cause to the extent of more than 50% of the replacement cost immediately prior to such damage, such buildings, structures, pedestrian accesses, streetscapes and vehicular surface areas shall not be restored unless either the replacement will conform to all regulations of this UDO or a special use permit is issued by the Board of Adjustment for the restoration. Replacement cost shall be determined in accordance with Sec. 10.3.3 G.4. and 5.
      Before a request for the special use permit is granted, the Board of Adjustment must show that all of the following are met:
      1. The applicable standards of this section have been met;
      2. All of the showings of Sec. 10.2.9.E. have been met; and
      3. The requested repair, reconstruction, or restoration will not be injurious to property or improvements in the affected area.

Image

¹Height limitations not applicable to buildings utilizing the Frequent Transit Development Option Height Bonus.

1. The following neighborhood transition standards apply in the Mixed Use and Campus Districts when the following occurs:
   1. The site immediately abuts a district boundary of an R-1, R-2, R-4, R-6, or R-10 district, where the abutting property is vacant or contains an existing detached house, tiny house, or attached house; or
   2. The site immediately abuts a district boundary of a Planned Development (PD-) district where the abutting property is vacant or contains a detached house, tiny house, or attached house and any of the following apply:
      1. Has a residential reference district; or
      2. Does not permit general and mixed-use buildings; or
      3. Does not permit commercial and industrial uses.
2. Zone B does not apply to sites 50 feet or less in depth. In such cases, Zone C starts immediately adjacent to the Zone A protective yard.
3. Neighborhood transitions do not apply to single-unit living, two-unit living or cottage court uses within detached house, tiny house attached house or townhouse building types where the proposed or existing building height is 50 feet or less.
4. Zones B and C do not apply to detached house, tiny house attached house, townhouse or apartment building types in a mixed-use district where the proposed or existing building height is 50 feet or less, provided the proposed use is also permitted in RX- and adheres to any applicable RX- and underlying zoning district use standards.
5. Zones B and C do not apply to detached house, tiny house, attached house, townhouse or apartment building types in the TOD, including for Residential districts where RX- standards are used (See Sec. 5.5.1)
6. Where an intervening alley is located between the residential property and the Mixed Use District or Campus District, the transition regulations apply. One half of the width of the alley shall be included in the required transition yard measurement and shall be first applied to the required width of Zones A and B and then to Zone B. In all cases, landscaping, fences and walls shall not be required where there is an intervening alley.
7. In addition to the alley transition described in paragraph D, the Historic Alley Transition described in Section 3.5.6 is available where an alley lies between a residential district and a mixed use district and the following conditions are met:
   1. The alley abuts or lies within a National Register Historic District; and
   2. The mixed-use parcel has not within the last two years contained a structure that is, or was, individually designated as a local, State, or national historic landmark.

1. Zone A: Protective Yard
   1. Intent
      Intended to buffer and screen. Consists of vegetative landscaping and wall or fence. No buildings or structures allowed.
   2. Location
       Immediately abutting district boundary line.
   3. Width
       Varies (depends on protective yard type applied).
2. Zone B: Use Restricted
   1. Intent
      Intended to be occupied by open areas and low intensity uses, such as surface parking, alleys, landscaping, playgrounds, outdoor dining, community serving buildings and service-related structures.
   2. Location
       Located between Zone A and Zone C. Zone B starts at the inside edge of the Zone A protective yard (edge furthest from the district boundary line) and ends 50 feet from the district boundary line.
   3. Width
       50 feet from the district boundary line.
3.  Zone C. Height and Form
   1. Intent
      Intended to restrict the height and form of development so as to decrease the impact of new multi-story  structures.
   2. Location
      Located beyond and adjacent to Zone B. Zone C extends from 50 to 100 feet from district boundary line. When Zone B does not exist, Zone C starts at the inside edge of the Zone A protective yard (edge furthest from the district boundary line).
   3. Width
      50 to 100 feet from the district boundary line. When Zone B does not exist, Zone C extends a maximum of 50 feet from inside edge of the Zone A protective yard (edge furthest from the district boundary line).

Image

1. Type 1: Narrow(10 feet) 
   1. Width
      A Type 1 protective yard must be an average width of at least 10 feet.
   2. Installation Requirements
      A Type 1 protective yard must include the following:
      1. A wall between 6.5 and 9 feet in height;
      2. Four shade trees per 100 lineal feet;
      3. Three understory trees per 100 lineal feet; and
      4. 40 shrubs per 100 lineal feet.
2. Type 2: Narrow(20 feet)
   1. Width
      A Type 2 protective yard must be an average width of at least 20 feet.
      Image

      
   2. Installation Requirements
      A Type 2 protective yard must include the following:
      1. A wall or fence between 6.5 and 9 feet in height;
      2. Five shade trees per 100 lineal feet; 
      3. Four understory trees per 100 lineal feet; and 
      4. 30 shrubs per 100 lineal feet.
3. Type 3: Narrow(50 feet)
   1. Width
      A Type 3 protective yard must be an average width of at least 50 feet.
   2. Installation Requirements
      A Type 3 protective yard must include the following:
      1. Six shade trees per 100 lineal feet;
      2. Five understory canopy trees per 100 lineal feet; and
      3. 60 shrubs per 100 lineal feet.
   3. Optional Provisions
      1. A fence or wall between 6.5 and 8 feet in height may be installed.
      2. In lieu of planting required shrubs, a berm with a minimum height of 3 feet may be installed. 
   4. Permitted uses
      1. Landscaping, fences, walls and berms.
      2. Swales, underground detention facilities and bioretention facilities. Detention facilities must be located at least 20 feet from the district boundary line. Landscaping quantities specified in Sec. 3.5.3.C.2. above may not be reduced.
4. Design and Installation
   1. A required protective yard may be replaced with a tree conservation area that meets the requirements of Article 9.1.Tree Conservation.
   2. Required landscaping in a protective yard must meet the design and installation requirements of Sec. 7.2.4.
   3. In no case shall required landscaping exceed 30% of the total lot area, see Sec. 7.2.2.D.
   4. Protective yards must meet the location requirements of Sec. 7.2.4.C.
   5. Fences, walls and berms located in a protective yard must meet the requirements of Sec. 7.2.4.D. Fences, walls and berms cannot be located in a protective yard when the protective yard is also a tree conservation area.

1. Permitted Activity 
   1. Intended to buffer Protective yard, landscaping, fence, wall.
   2. Garden.
   3. Outdoor dining (not between the hours of 10 PM and 6 AM).
   4. Service area.
   5. Accessory garage, storage area.
   6. Park, playground.
   7. Stormwater detention.
   8. Surface parking lot.
   9. Path, walkway, sidewalk.
   10. Alley.
       Image

       
       Image

       
2. Civic Building and Accessory Structures
   1. ​​​​​​​An accessory structure can be no more than 14 feet in height and must be located at least 15 feet from the district boundary line.
   2. Building walls parallel to the district boundary line can be no longer than 75 feet.
   3. Buildings and structures must be spaced apart to maintain views. There must be a minimum of 40 feet between buildings and structures.
3. Service Areas
   Trash collection, trash compaction, recycling collection and other similar service areas must be located at least 25 feet from the district boundary line.

1. Permitted Activity
   All structures and uses allowed in the zoning district are permitted in Zone C.
2. Height
   1. No structure can be more than 40 feet in height at the Zone C line, as measured from the average pre-development grade measured along the Zone C line.
   2. Height can increase subject to a 45 degree height plane measured from a height of 40 feet at the Zone C line, extending upward one foot for every additional foot of setback into the site.
   3. The height plane applies up to 100 feet from the district boundary line.
3. Wall Articulation
   The rear facade of the building that faces the residential property as described in Sec. 3.5.1.A. is subject to a maximum blank wall area of 30 feet as calculated in Sec. 1.5.10. The blank wall area provisions are not subject to an Design Alternate.
   Image

   

1. Intent
   The Historic Alley Transition is intended to ensure a graduated height transition between the National Register District and nearby mixed-use development; to avoid abrupt contrasts of scale between the residential properties in a National Register District and mixed use structures; to avoid incompatible development facing the residential properties in a National Register District; and to improve historic alleys with active frontages and uses more beneficial to the National Register District.
2. Extent
   The Historic Alley Transition extends from the residential parcel property line across the intervening alley and into the mixed-use parcel for a distance of 50 feet from the residential parcel property line.
3. Restrictions
   In addition to the other restrictions imposed by this Unified Development Ordinance, the following additional restrictions apply to construction within the Historic Alley Transition:
   1. Content
      This Historic Alley Transition Area may contain vegetative landscaping, walls, fences, gardens, paths, walkways, sidewalks, surface parking, parks, playgrounds, stormwater detention, outdoor dining areas associated with residential uses, accessory structures compliant with the limits set forth in Paragraph 3.5.4.B, service areas compliant with the limits set forth in Paragraph 3.5.4.C, detached houses, tiny houses, attached houses, townhouses, apartments, general  buildings, mixed use buildings, and open lots.
   2. Height
      No portion of a detached house, tiny house, attached house, townhouse, apartment, general building, mixed use building, or other structure that lies within the Historic Alley Transition shall exceed the maximum building height applicable to the residential parcel across the alley from the mixed use parcel, as specified in the residential zoning district or applicable overlay district or otherwise. For this purpose only, height shall be measured from the elevation of the alley.
   3. Uses
      Any use extending into the Historic Alley Transition must be one of the residential uses permitted in R-10 Districts.
   4. Setback
      Notwithstanding any base dimensional standards or frontage requirements that might otherwise apply, any building constructed in the Historic Alley Transition shall be set back at least 10 feet from the alley-facing property line of the mixed use parcel. This setback must contain a sidewalk of at least 5-foot width immediately adjacent to the alley right-of-way, over which a permanent public access easement must be granted. This immediately adjacent sidewalk will be separated from the street by sharply contrasting materials. The sidewalk shall not exceed the elevation of alley by more than two inches, unless a mountable curb is installed. No building element or other item or obstruction may extend into or be placed in this sidewalk portion of the setback. The remainder of the setback shall meet the requirements of Section 3.5.2.A and 3.5.3.A, except
      1. If the remainder of the setback is less than 10 feet in width, the protective yard need not contain shade trees; and
      2. No wall is required when a building immediately abuts the protective yard.
   5. Design Requirements
      1. ​​​​​​​Structured parking is permitted in the Historic Alley Transition, but residential uses must screen the structured parking and conceal the structured parking (other than an entrance with no visible point source lighting) consistent with the regulations contained in Section 3.4.2.B, except that all upper levels of the parking structure that face the alley shall also be screened by residential uses.
      2. An alley-facing entrance is required at least every 100 feet, regardless of building type. There must be direct pedestrian access to that entrance from the adjoining sidewalk.
      3. The alley-facing facade is subject to a maximum blank wall area of 30 feet as calculated in Sec. 1.5.10. The blank wall area provisions are not subject to an Design Alternate.
      4. Private residential garage parking that satisfies the requirements of Section 1.5.12 is permitted along the alley as part of a detached house, tiny house, attached house, or townhouse within the Historic Alley Transition. Such parking must be concealed behind a garage door of not more than 12 foot width. Any standard contained in Section 1.5.12 that is applied must be consistent with G.S. 160D-702(b).
      5. Entrances to structured parking and private residential garage parking shall not occupy more than 50% of the parcel’s linear alley frontage.
      6. The requirements of Section 3.5.4.C apply, though residential trash and recycling bins may be collected from the alley if placed according to the applicable rules. Ground-mounted mechanical equipment other than individual residential HVAC units must be placed according to Section 3.5.4.C.

1. 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. 3.6.1.D.6.)
      4. Notwithstanding the forgoing, the common building must comply with all other requirements of Section 3.6.1.
   4. Inclusive of the common building, up to 20% of the minimum internal courtyard area (Sec. 3.6.1.E.1.) may be covered, however only 10% of the minimum internal courtyard area (Sec. 3.6.1.E.1.) may be enclosed.
   5. Stormwater detention wet ponds and dry ponds shall not count towards the minimum internal courtyard area (Sec. 3.6.1.E.1.) Green Stormwater Infrastructure (GSI) practices may be used to meet up to 50% of the minimum internal courtyard area (Sec. 3.6.1.E.1.)
   6. Tree Conservation Areas shall not be included as part of the minimum internal courtyard area (Sec. 3.6.1.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.
    6. The Manufactured Home is no greater than 600 square feet in gross floor area.

1. Purpose and Objectives
   The Accessory Dwelling housing pattern provides for the development of accessory dwelling units on a lot as an accessory use to a principal use.
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 another principal use. Accessory Dwelling Units may be detached, attached, or internal to the principal use. Only residential uses are permitted in Accessory Dwelling Units.
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 use 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 use; 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. 3.2.6.D.6. below;
   2. There shall be no more than one ADU on the same lot as a principal use 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 use. However in the Frequent Transit Area, only one ADU can be attached to the principal building. In the case of a townhouse development only one ADU is permitted per townhouse;
   3. It shall be accessed by a lockable external entrance;
   4. Ownership of an ADU shall not be transferred apart from its principal building;
   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. Encroachments into setbacks are permitted pursuant to Section 1.5.4.D.
   10. Vertical encroachments are permitted pursuant to Sections 1.5.7.D.2. and 1.5.7.D.3.g.
5. Description
   An Accessory Dwelling Unit (ADU) is a self-contained dwelling unit that is located on the same lot as a principal building that meets the regulations identified in Section 3.3.2. An ADU may be located above a garage. ADUs may be detached, attached, or internal to the principal building. Only residential uses are permitted in ADUs.

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.

See Sec. 1.5.4.D “Building Setbacks” for specific building elements requirements.
¹For Townhouse buildings, C3 shall only apply to the side site boundary.
²For 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.
³Parking setbacks shall not apply to driveways serving individual dwelling units or shared between two dwelling units.
⁴The 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.
⁵Garages (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.