Unified Development Ordinance

Article 6.2. Residential Uses

Article 6.2. Residential Uses aaron.sheppard… Mon, 05/08/2023 - 10:21

Sec. 6.2.1. Household Living

Sec. 6.2.1. Household Living aaron.sheppard… Tue, 05/23/2023 - 10:45
  1. Household Living Use Category
    Residential occupancy of a dwelling unit by a household. Household living includes the following uses.
    1. Single-unit living, two-unit living, multi-unit living.
    2. Cottage court.
    3. Conservation development.
    4. Compact development.
    5. Manufactured home development.
    6. Multi-unit supportive housing residence.
    7. Supportive housing residence.
  2. Single-Unit Living
    1. ​​​​​​​​​​​​​​Defined One dwelling unit in a single principal structure.
  3. Two-Unit Living
    1. Defined
      Two dwelling units in a single principal structure.
    2. Use Standards
      In the R-1 district, two-unit living is only permitted in association with the Tiny House building type.
  4. Multi-Unit Living
    1. Defined
      Three or more dwelling units in a single principal structure. Multiple principal buildings are allowed on the same lot.
    2. Use Standards
      1. In a Residential District where multi-unit living is allowed as a limited use, it is allowed only in a compact, conservation, or frequent transit development (see Article 2.3. Compact Development, Article 2.4. Conservation Development, or Sections 2.7.1 Frequent Transit Development).
      2. In an IX- District where multi-unit living is allowed as a limited use, it is allowed only in the upper stories of a building. A lobby or other entrance is allowed on the ground floor.
  5. Cottage Court
    1. ​​​​​​​Defined
      A group of small detached houses, tiny houses, attached houses or townhouses (two-unit maximum per building) sharing a common courtyard.
  6. Conservation Development
    1. Defined
      A conservation development trades smaller lot sizes (with smaller setbacks) and additional density in exchange for protecting a significant amount of open space.
  7. Compact Development
    1. Defined
      ​​​​​​​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.
  8. Manufactured Home Development
    1. Defined
      A site which contains or is intended for the long‐term location of manufactured homes that may include services and facilities for the residents. Includes both manufactured home park (with leased or condominium spaces) and manufactured home subdivision (individually platted spaces).
    2. Use Standards
      Manufactured home developments must meet standards in Article 4.5. Manufactured Housing (MH).
  9. Multi-Unit Supportive Housing Residence
    1. Defined
      A facility housing persons who are disabled emotionally, mentally or physically or otherwise possess a disability that is protected by the provisions of either the Americans with Disabilities Act 42 USC 12101 or N.C. Gen. Stat. Article 3, Chapter 168, along with support or supervisory personnel or family members who may reside, but are not required to reside, at the facility.
    2. Use Standards
      1. Each multi-unit supportive housing residence must be composed of no less than 2 and no more than 4 attached dwelling units.
      2. The total number of individuals occupying a multi-unit supportive housing residence cannot exceed 6.
      3. Each multi-unit supportive housing residence must be treated for zoning purposes in the same manner as single-unit living, except parking must be provided in accordance with Article 7.1. Parking.
      4. No multi-unit supportive housing residence can be located within 300 feet of another multi-unit supportive housing residence or supportive housing residence (determined by a straight line from property line to property line).
      5. The multi-unit supportive housing residence must conform to one of the following:
        1. It is licensed by the federal or state government; or
        2. It is funded in part by a government grant or loan.
      6. Nothing in this section can prevent 4 or fewer persons with disabilities from occupying any lawful dwelling as a household.
  10. Supportive Housing Residence
    1. Defined
      A facility in which more than 4 unrelated persons may reside who are battered individuals, abused children, pregnant women and their children, runaway children, temporarily or permanently disabled mentally, emotionally or physically, individuals recovering from drug or alcohol abuse, and all other persons who possess a disability that is protected by the provisions of either the Americans with Disabilities Act 42 USC 12101 or N.C. Gen. Stat. Article 3, Chapter 168, along with family members and support and supervisory personnel.
    2. Use Standards
      1. The total number of individuals occupying a supportive housing residence cannot exceed 12.
      2. A resident manager must reside permanently on the premise.
      3. No supportive housing residence can be located within 1,125 feet of another multi-unit supportive housing residence or supportive housing residence (determined by a straight line from property line to property line).
      4. The supportive housing residence must conform to one of the following:
        1. It is licensed by the federal or state government; or
        2. It is funded in part by a government grant or loan.
  11. Frequent Transit Development Option
    1. Defined
      A development where higher density and relaxed district standards may be utilized if the subject property is located within a Frequent Transit Area as designated in the City’s Comprehensive Plan encouraging higher density development as a way to focus density and growth towards areas with more intensive transit networks.
    2. Use Standards
      1. This option may only be applied to properties shown within a Frequent Transit Area as designated in the City’s Comprehensive Plan. b. The development must meet the standards of either Sections 2.7.1. or 3.7.1., as applicable.

Sec. 6.2.2. Group Living

Sec. 6.2.2. Group Living aaron.sheppard… Tue, 05/23/2023 - 10:46
  1. Group Living Use Category
    Residential occupancy of a structure by a group of people that does not meet the definition of household living. Generally, group living facilities have a common eating area for residents and residents may receive care or training. Group living includes the following uses.
    1. Boardinghouse.
    2. Congregate care.
    3. Dormitory, fraternity, sorority.
    4. Hospice.
    5. Continuing care retirement community.
    6. Monastery, convent.
    7. Orphanage.
    8. Rest home.
  2. Boardinghouse
    1. Defined
      A facility that contains individual rooms that are rented to the general public to more than 4 unrelated persons for periods in excess of 30 days, and which includes a rooming house.
    2. Use Standards
      1. The facility was constructed originally as a detached house.
      2. The total number of individuals occupying a boardinghouse is limited to 6.
      3. In a Residential District, there is no exterior advertising except 1 unlit announcement sign not to exceed 2 square feet in area.
      4. No boardinghouse can be located within 1,200 feet of another boardinghouse (determined by a straight line from property line to property line).
      5. The minimum tenant rental period exceeds 30 days.
      6. Cooking facilities shall not be permitted in the rented rooms of the boarding house.
      7. The facility shall comply with the City’s Housing Code, Article 11.6 of this UDO.
  3. Congregate Care
    1. Defined
      A long-term care facility for elderly people who are able to get around on their own but who may need help with some daily activities and have staff on call. Includes assisted living and independent living.
    2. Use Standards
      1. ​​​​​​​The facility must comply with the Housing for Older Persons Exemptions of the Fair Housing Act (24 C.F.R. Sections 100.300 through 100.308).
      2. In the R-6 and R-10 districts, a congregate care facility is allowed a number of rooming units and dwelling units equal to 2 times the density of the applicable district.
      3. Each rooming unit or dwelling unit may be occupied by no more than 2 persons not related by blood, marriage or adoption.
      4. Facilities for resident managers or custodians providing administrative services and medical services for the exclusive use of the residents shall be located on site and open and staffed for at least 4 hours, one day a week.
      5. The facility must contain indoor shared food preparation service, common dining halls and common recreation rooms, for the exclusive use of all residents and their guests, and these facilities together shall total a minimum of 30 square feet per constructed rooming unit or dwelling unit, as applicable, exclusive of circulation space. Common indoor social and related service facilities may also be part of the facility.
      6. Structures shall demonstrate a comprehensive pedestrian circulation plan, including internal accessible walkways, is submitted and approved with provisions for alternative transportation services for the residents of the facility. Alternative transportation services may include, but are not limited to, regularly scheduled or on-call van services, tram services and full bus service.
      7. Outdoor open space or park area must be provided at a minimum rate of the greater of either 10% of the land area of the facility or 218 square feet per rooming unit or dwelling unit, as applicable, excluding private drives and off-street parking areas. A majority of the open space or park area must be located no further than 300 feet from the controlled entrance way of the facility.
  4. Dormitory, Fraternity, Sorority
    1. Defined
      ​​​​​​​A social organization of students providing group living accommodations for a college or university.
  5. Continuing Care Retirement Community
    1. Defined
      Facility providing a continuum of residential and health care services to persons meeting the Housing for Older Persons Exemptions of the Fair Housing Act (24 C.F.R. Sections 100.300 through 100.308). Allows residents to continue living in the same complex as their housing and health care needs change. Continuing care retirement communities may offer a variety of services such as congregate care, skilled nursing, rest home, health and wellness, recreational facilities, support services and entertainment and social uses, as well as offering a range of residential opportunities (apartments, townhouses, cottages). A rest home must be provided as a component of a continuing care retirement community.
    2. Use Standards
      1. The continuing care retirement community and accessory facilities must be designed and used to serve its residents and their guests only.
      2. The continuing care retirement community must be planned, developed and operated according to a unified plan under the direction of a single owner or agent for the owner.
      3. Density limitations apply in accordance with the underlying zoning district unless otherwise noted herein.
      4. The continuing care retirement community may provide individual dwelling units in any combination of residential building types or housing options as allowed in the respective zoning district under Article 2.3. Compact Development and Article 2.4 Conservation Development Option.
      5. If provided, a congregate care facility must meet the requirements under Sec. 6.2.2.C.
      6. A rest home must meet the requirements under Sec. 6.2.2.F.
      7. Additional facilities designed only to serve members of the continuing care retirement community may include, but not be limited to, health and wellness, medical, recreation and support services such as a private chapel, bank, hairdressers, pharmacy, library and convenience shopping.
      8. A minimum of 10% of the total site area must be designated and maintained as common open space under Sec. 2.5.
      9. The Continuing Care Retirement Community must provide skilled nursing.
      10. If provided, the density of a congregate care is calculated in keeping with Sec. 6.2.2.C.2.b.
      11. The density of a rest home is calculated in keeping with Sec. 6.2.2.F.2.
  6. Rest Home.
    1. Defined
      A long-term care facility for individuals who need full-time assistance and supervision. The focus is on individuals who cannot live independently and require full-time nursing assistance, and on younger individuals who have physical or mental handicaps.
    2. Use Standards
      ​​​​​​​The number of total occupants allowed is based on 4 persons being the equivalent of 1 dwelling unit. The number of occupants cannot exceed the equivalent number of units per acre allowed in the respective zoning district.

Sec. 6.2.3. Social Service

Sec. 6.2.3. Social Service aaron.sheppard… Tue, 05/23/2023 - 10:46
  1. Social Service Use Category
    Facilities that provide treatment for psychiatric, alcohol or drug problems. Also includes facilities that provide transient housing related to social service programs. Social service includes the following uses.
    1. Emergency Shelter Type A.
    2. Emergency Shelter Type B.
    3. Special care facility.
  2. Emergency Shelter Type A
    1. Defined
      A facility providing temporary sleeping facilities for displaced persons with no limit on the number of individuals accommodated.
    2. Use Standards
      1. The shelter must provide a minimum of 50 square feet of sleeping space per person.
      2. An employee or volunteer must maintain continuous on-site supervision during hours of operation.
      3. No shelter can be located within 2,640 feet of another emergency shelter Type A or emergency shelter Type B (determined by a straight line from property line to property line).
      4. No emergency shelter Type A can be located within 300 feet of a supportive housing residence or multi-unit supportive housing residence (determined by a straight line from property line to property line). No later establishment of a supportive housing residence or multi-unit supportive housing residence closer than 300 feet to a previously permitted emergency shelter may be construed to create a nonconformity or illegality on the part of the existing emergency shelter.
      5. The shelter is not allowed in an Airport Overlay District. 
  3. Emergency Shelter Type B
    1. Defined
      A facility providing temporary sleeping facilities for not more than 10 displaced persons at any one time.
    2. Use Standards
      1. No individual shall remain in the facility longer than 30 consecutive days per calendar year. No individual shall be readmitted until at least 14 days have elapsed from their last residency at that shelter.
      2. No counseling or therapeutic activities may be conducted. Referral of residents to employment agencies and other personal service agencies shall not be deemed to be counseling.
      3. No shelter can be located within 2,640 feet of another emergency shelter Type B, or emergency shelter Type A (determined by a straight line from property line to property line).
      4. No emergency shelter Type B can be located within 300 feet of a supportive housing residence or multi-unit supportive housing residence (determined by a straight line from property line to property line). No later establishment of a supportive housing residence or multi-unit supportive housing residence closer than 300 feet to the previously permitted emergency shelter shall be construed to create a nonconformity or illegality on the part of the existing emergency shelter.
      5. The shelter is not allowed in an Airport Overlay District.
  4. Special Care Facility
    1. Defined
      A facility which provides psychosocial rehabilitation, skill development activities, educational services and pre-vocational training and transitional and supported employment services to individuals with severe and persistent mental illness. Includes a rehabilitative clinic and adult rehabilitation center.
    2. Use Standards
      1. No special care facility can be located within 1,200 feet of another special care facility (determined by a straight line from property line to property line).
      2. To permit a special care facility in a Residential District, the following minimum lot areas per enrollee apply: i. R-1, R-2, and R-4: 1,040 square feet; ii. R-6: 640 square feet; and iii. R-10: 240 square feet.
      3. In a Residential District, 1 unlit announcement sign not to exceed 2 square feet in area and 3½ feet in height is permitted.
      4. Only 1 vehicle used in connection with the special care facility may be parked or stored on the premises or residential street.