1. General
   1. No permit for the construction, reconstruction, extension, repair or alteration of any building, structure or use of land and no building or land or any part of any building or land, may be occupied or used until bicycle and vehicle parking has been provided in accordance with the requirements of this UDO.
   2. As applied in this section and elsewhere, the term “parking” may mean both bicycle parking or vehicle parking. Where bicycle parking is the specific subject of a code section, the term “Bicycle Parking” will be used. If the term “parking” would create a lack of clarity, the term “Vehicle Parking” will be used.
2. Definitions
   1. Vehicle parking. This refers to cars, trucks, and similar vehicles. No parking is required for vehicles, but this code regulates the design and other aspects of any vehicular parking spaces that are provided.
   2. Bicycle parking. This refers to bicycles and scooters, whether motorized or not.
3. Additions
   1. A building or site may be renovated or repaired without providing additional parking, provided there is no increase in gross floor area or improved site area.
   2. When a building, use or site is increased in gross floor area or improved site area by up to 25% cumulatively, any new bicycle parking that is required for the additional floor or site area or additional vehicular parking that is provided in the absence of any requirement shall comply with all of the related parking standards of this UDO.
   3. When the gross floor area or improved site area is increased by more than 25% cumulatively, both the existing use and the additional floor or site area must conform to the bicycle parking requirements of Sec. 7.1.2.C.
   4. When the gross floor area or improved site area is increased by more than 25% cumulatively, both the existing bicycle and vehicle parking and the new bicycle parking required for the additional floor or site area or vehicle parking that is provided in the absence of any requirement must conform to all related parking standards of this UDO.
   5. Any additions to a vehicle parking area must meet all requirements of this UDO.
   6. No provisions of this section shall mean that existing vehicle parking must be removed to meet maximum parking requirements.
4. Change in Use
   1. A change in use based on the parking table of Sec. 7.1.2.C. must comply with the parking requirements. Where existing parking spaces exceed the maximum, no existing spaces must be removed and no other mitigation will be required to comply with maximum parking requirements.
5. Raleigh Street Design Manual
   Except as otherwise provided in this UDO, all parking spaces and areas must comply with the Raleigh Street Design Manual.

1. Calculation of Parking Requirements
   1. Parking shall be provided in accordance with Sec. 7.1.2.C. Where a use is not specifically listed or only a broad use category is shown, the Zoning Administrator is responsible for categorizing the use in accordance with Sec. 6.1.2.
   2. When a lot is used for a combination of uses, the parking minimum or maximum requirements are the sum of the requirements for each use and no parking space for one use can be included in the calculation of parking requirements for any other use, except as allowed as in Sec. 7.1.5.A. For sites that contain more than one use and where at least one use has no maximum, the Shopping Center category will serve as the maximum for that use or uses.
   3. In determining the minimum or maximum number of parking spaces, fractional spaces are rounded to the nearest whole number, with one-half or more counted as an additional space.
2. [Reserved for Future Codification]
3. Parking Requirements by Use 

These requirements control over any other requirements in this UDO.

1. Downtown District (DX-)
   1. No more than 2 on-site vehicle parking spaces per dwelling unit are allowed. For studio or one-bedroom units, no more than 1.5 spaces per unit are allowed.
   2. 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.
   3. Ramping in the parking structure shall be internalized or otherwise screened.
   4. The ground floor facade treatment of any parking structure facade (building materials, windows and architectural detailing) shall be continued on upper stories. Upper stories of shall be designed with a maximum horizontal and vertical rhythm of 30 feet that aligns with other elements along the block face.
   5. 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 tp meet the requirements of Sec. 7.2.5.F.
2. TOD Overlay District (-TOD)
   1. No more than 2 on-site vehicle parking spaces per dwelling unit are allowed. For studio or one-bedroom units, no more than 1.5 spaces per unit are allowed.
   2. Surface vehicle parking associated with a nonresidential use may not exceed the number enumerated in Sec. 7.1.2.C.

1. Applicability
   This section applies to all projects that meet both of the following criteria:
   1. Include more than 16 residential units and/or more than 10,000 square feet of nonresidential gross floor area.
   2. Provide more than the number of vehicle parking spaces shown in Section 7.1.2.
2. Mitigation Requirements
   Projects that meet the above criteria must mitigate the impact of the provided vehicle parking as follows:
   
   Projects in DX or TOD districts or in zones with an Urban Frontage, projects that provide vehicle parking beyond the maximum shall incorporate all of the following:
   1. Include any vehicle spaces beyond the maximum within a parking structure.
   2. Make at least 20 percent of vehicle spaces beyond the maximum available to the general public or shared with another property or use.
   3. Provide, for the vehicle spaces beyond the maximum, 50 percent more electric vehicle ready, capable, or similar EV-supporting spaces than would otherwise be required.
   4. 
      Projects in all other districts that provide vehicle parking beyond the maximum shall choose one of the following two options:
      1.  
3. Parking Alternate Means of Compliance

The parking ratios of this UDO apply unless an alternate parking ratio is approved by the Transportation Director in accordance with the requirements below. An alternate will involve a showing of compatibility and a mitigation of impacts of higher levels of parking provision. This finding can be supplemented by the following information:

1. Alternate parking ratios may be approved where an applicant submits a parking study, prepared and sealed by a registered professional engineer in the State of North Carolina. Such a study must illustrate that the maximum vehicle parking ratios of Sec. 7.1.2.C. do not accurately apply to a specific development proposal.
2. The data submitted must include, at minimum, the size and type of the proposed development, the mix of uses, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads of all uses.
3. The data must be obtained either from relevant studies published in refereed journals or other secondary source of comparable authority; or from primary studies of no fewer than 3 comparable developments within the regional market. The regional market shall be the Consolidated Metropolitan Statistical Area. The data must consist of accumulation counts in the typical peak hour for the dominant land use and have been collected in the prior 24 months.

1. Shared Parking
   1. Shared vehicle parking means that a parking lot or structure has vehicle spaces that are available to the general public or that are available to another property.
2. [Reserved for Future Codification]
3. [Reserved for Future Codification]
4. Tandem Parking
   1. Tandem vehicle parking is allowed for single-unit, two-unit and multi-unit living.
   2. Two vehicle parking spaces in tandem must have a combined minimum dimension of 8.5 feet in width by 36 feet in length.
   3. Both vehicle parking spaces in tandem must be assigned to the same dwelling unit.
5. [Reserved for Future Codification]
6. Queuing Areas
   1. Adequate space must be made available on-site for the stacking, storage and queuing of vehicles.
   2. Vehicles using drive-thru facilities may not encroach on or interfere with the public use of streets and sidewalks by vehicles or pedestrians.
   3. A restaurant with drive-thru facilities must provide at least 8 queuing spaces for vehicles when 1 drive-thru lane exists and 6 spaces at each drive-thru when more than 1 lane exists.
   4. A bank with drive-thru facilities must provide at least 3 queuing spaces per drive-thru lane.

1. Location
   All on-site parking must be arranged so that no vehicle is forced onto any public street, not including an alley, to gain access from 1 parking aisle to another parking aisle.
2. Layout
   1. Parking spaces and drive aisles must meet the required dimensional standards. Parking spaces and drive aisles using dimensions other than those specified may be approved if prepared and sealed by a registered engineer in the State of North Carolina with expertise in parking facility design, subject to a determination by the Development Services Director.
   2. Within a structured parking facility, up to 30% of the total parking spaces provided may be compact spaces. No more than 2 compact parking spaces may abut each other. Compact spaces can be reduced to 7.5 feet in width and 15 feet in length. All compact parking spaces must be clearly and visibly striped and labeled for compact car use only. Other than the stall width and length reduction, compact parking spaces must comply with all other parking layout standards.

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1. Intent
   1. The intent of the vehicle parking lot landscaping requirements is to minimize the visual impacts of large areas of vehicular parking as viewed by the public right-of-way, minimize the impacts of stormwater runoff, and dissipate the effects of the urban heat island.
   2. A well designed parking lot utilizes landscaped islands and clear delineations to break the parking lot into smaller segments.
   3. Tree and shrub plantings should not interfere with the pedestrian circulation on the site.
2. Applicability
   1. This section applies to all on-site surface parking areas with more than 10 spaces. For purposes of this section, multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area.
   2. At least 1 shade tree must be planted in each surface parking area with 10 spaces or less.
   3. In an Urban Frontage or -TOD, this section applies only to on-site surface parking areas with more than 40 parking spaces. At least 1 tree must be planted for every 10 spaces in each surface parking area with 40 spaces or less.
   4. All surface parking areas of any size within any district with frontage on any portion of a street right-of-of way (not including an alley) must be screened along the street edge by a Type C3 street protective yard under Sec. 7.2.4.B.
3. Perimeter Islands
   1. A landscape perimeter island shall be provided along primary internal access drives.
   2. A landscaped perimeter island must be a minimum of 5 feet wide, landscaped with shrubs installed at a rate of 30 shrubs per 100 linear feet that under typical conditions can be expected to reach a height and spread of 3 feet within three years of planting. All shrubs shall be a minimum of 18 inches tall when planted. In lieu of planting a hedge, a wall at least three feet in height may be installed. GSI practices may be located in perimeter islands if part of an approved stormwater management plan for the site. The shrub requirements may be met within GSI practices.
   3. A perimeter island may also serve as the location for a sidewalk connecting the use and the street. In such case, the sidewalk shall be a minimum of 6 feet wide and the remaining planting area shall be no less than five feet wide.
4. Interior Islands
   1. A landscaped interior island must be provided every 10 parking spaces. Interior islands must be distributed evenly throughout the parking area.
   2. An interior island must be a minimum of 8 feet in width and be a minimum of 300 square feet in area.
   3. All rows of parking must terminate with a landscaped interior terminal island. No more than 30 parking spaces may be located between terminal islands.
   4. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees.
   5. GSI practices may be located in interior islands and terminal islands if part of an approved stormwater management plan for the site. Required shade trees may be placed within GSI practices. A maintenance plan must be approved for the GSI practices according to Sec. 9.2.2.D.
5. Median Islands
   1. A landscape median island must be provided between every 6 single parking rows.
   2. A landscape median island must be a minimum of 6 feet wide.
   3. A median island may also serve as the location for a sidewalk connecting the parking and the use served by the parking area. The sidewalk must be a minimum of 5 feet wide. If trees or shrubs are planted in the median, the median with must be expanded by at least five feet.
   4. Median islands may be consolidated or intervals may be expanded in order to preserve existing trees.
   5. GSI practices may be located in median islands if part of an approved stormwater management plan for the site. Required shade trees and required shrubs may be placed within GSI practices. A maintenance plan must be approved for the GSI practices according to Sec. 9.2.2.D.
6. Tree Coverage
   1. Each interior island (and terminal interior island) must include at least 1 shade tree.
   2. In no case shall there be less than 1 shade tree for every 2,000 square feet of parking area, except in an Urban Frontage or -TOD, where there shall be no less than 1 shade tree for every 4,000 square feet of parking area.
7. Parking Lot Lighting
   1. Lighting fixtures must be located at least 20 feet from a tree, measured from the pole of the lighting fixture to the trunk of the tree.
   2. Additional requirements for lighting fixtures in parking lots are listed in Article 7.4. Site Lighting
8. Tractor Trailer Staging, Loading and Parking in IH Districts
   The parking lot landscaping provisions do not apply to areas specifically designated for tractor trailer staging and loading areas and tractor trailer parking areas provided the staging, loading or parking area is screened along the street edge by a Type C1 or C2 street protective yard as set forth in Sec. 7.2.4.B.
9. 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 design alternate, if all of the following findings are satisfied:
   1. The approved alternate is consistent with the intent of the vehicle parking lot regulations; and
   2. The approved alternate is considered equal or better to the standard.

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1. Exemptions
   In no case is a single use or single lot required to provide more than 30 bicycle parking spaces. A mixed use facility shall not be required to provide more than 50 bicycle parking spaces.
2. Required Types of Bicycle Parking Facilities
   1. General Provisions
      Bicycle parking may be provided through various types of facilities, provided the facility meets the following:
      1. Bicycle racks are securely anchored, are easily usable with both U-locks and cable locks and support a bicycle at 2 points of contact to prevent damage to the bicycle wheels and frame.
      2. Spacing of the racks shall provide clear and maneuverable access.
      3. Where a bike can be locked on both sides without conflict, each side can be counted as a required space.
      4. Facilities may be placed on private property or within the public right-ofway. Short-term and long-term facilities must comply with the Raleigh Street Design Manual.
   2. Short-Term Bicycle Parking
      Short-term bicycle parking must be publicly accessible and convenient. Short-term bicycle parking must be located no more than 100 feet from the building entrance the bicycle rack is intended to serve.
   3. Long-Term Bicycle Parking
      Long-term bicycle parking provides employees, students, residents, commuters and others who generally stay at a site for several hours a protected and secure place to park. Required long-term bicycle parking must meet the following standards.
      1. Long-term bicycle parking must be covered and weather resistant.
      2. Long-term bicycle parking must be located no more than 300 feet from the building entrance or 660 feet from a parking structure.

A. Loading Not Required
If determined by the Development Services Director, adequate space must be made available on-site for the unloading and loading of goods, materials, items or stock for delivery and shipping.

B. Location
If a loading area is provided, it must meet the following standards.

1. Loading areas must be located to the side or rear of buildings and be screened as set forth in Sec. 7.2.5.B.
2. Loading areas cannot be located in an A or B neighborhood transition zone.
3. With the exception of areas specifically designated by the City, loading and unloading activities are not permitted in the public right-of-way.
4. Loading and unloading activities may not encroach on or interfere with the use of sidewalks, drive aisles, queuing areas and parking areas by vehicles or pedestrians.

All off street parking and driveway areas meet the following standards.

1. Parking and driveway areas must be constructed of permanent non-erodible surface treatment as follows:
   1. porous or semi-porous monolithic or paver materials;
   2. masonry or concrete pavers;
   3. poured concrete or asphalt; or
   4. crushed stone or crush and run installed with a minimum depth of 4 inches.
2. Crushed stone or crush and run must be delineated with anchored man made material or natural landscape edging materials that define and contain the stone or crush and run.
3. These regulations do not apply to off-street parking and driveway areas that serve single and two-unit living and that are not located in the front yard.

1. The intent of the landscaping regulations is to provide meaningful and well designed screening and buffering.
2. Tree and shrub plantings should not interfere with the safe vehicular and pedestrian circulation on the site.

1. General
   No permit for the construction, reconstruction, extension, repair or alteration of any building, structure or use of land and no building or land or any part of any building or land, may be occupied or used until landscaping has been provided in accordance with the requirements of this UDO.
2. Additions
   1. A building or site may be renovated or repaired without providing additional landscaping, provided there is no increase in gross floor area or improved site area.
   2. When a building or site is increased in gross floor area or improved site area by up to 25%, landscaping is required for the additional floor or site area only.
   3. When the gross floor area or improved site area is increased by more than 25%, both the existing use and the additional floor or site area must conform to the landscaping requirements of this UDO.
3. Change in Use
   Achange in use does not trigger application of this section except when there is a specific use standard requiring landscaping for the new use.
4. Landscaping Limit
   1. In no case shall required landscaping (parking lot landscaping, protective yards and tree conservation areas) exceed 30% of the total lot area, except in Watershed Protection Overlay Districts.
   2. Where the required landscaping exceeds 30%, the individual requirements can be reduced on a pro rata basis to achieve the 30%.
   3. The required tree conservation areas cannot be reduced by more than 50%.

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 a design alternate, if all of the following findings are satisfied:

1. The approved alternate is consistent with the intent of the landscape and screening regulations;
2. The approved alternate does not substantially negatively impact the comfort and safety of pedestrians;
3. The approved alternate utilizes other architectural, artistic, or landscaping treatments to create visual interest; and
4. The approved alternate is considered equal to or better than the standard.

1. Transitional Protective Yards
   1. A transitional protective yard is required along perimeter lot lines:
      1. For specific uses as set forth in Section 7.2.4.E. (type as specified); and
      2. Where an IH District abuts any other district other than an IH District a Type B1 or B2 transitional protective yard must be installed.
   2. A transitional protective yard may be replaced with a tree conservation area that meets the requirements of Article 9.1. Tree Conservation.
   3. GSI practices shall be allowed in Transitional Protective Yard Types A2, B1 and B2. In order to accommodate GSI practices the number of shrubs may be reduced in Protective Yards by 10%.
2. Street Protective Yard
   1. A street protective yard is required along the edge of the street right-of-way:
      1. For specific uses as set forth in Section 7.2.4.E. (type as specified); and
      2. For any property zoned IH, a Type C1 or C2 street protective yard must be installed along all property lines abutting a public right-of-way.
   2. A required street protective yard may be replaced with a tree conservation area that meets the requirements of Article 9.1. Tree Conservation
   3. The protective yards in Special Highway Overlay Districts 1 and 2 (Sec. 5.3.1.D.) take the place of any street protective yard required in Sec. 7.2.4.B. below.
   4. GSI practices shall be allowed in Street Protective Yard Types C1, C2, and C3. In order to accommodate GSI practices the number of shrubs may be reduced in Protective Yards by ten (10) percent.
3. Location
   1. Protective yards must be located within the outer perimeter of the lot, parallel to and extending to the property boundary line. A required protective yard must be provided along the entire frontage immediately abutting the property line.
   2. The width of a protective yard is calculated on the average width per 100 feet or portion of protective yard. The minimum width of the protective yard at any one point shall not be less than one-half the required width of the protective yard.
   3. A protective yard may not be located on any portion of an existing, dedicated or reserved public right-of-way.
   4. A protective yard is determined exclusive of any required setback; however, the required protective yard may be located wholly or partially within a required setback.
4. Encroachments
   1. General
      1. No building or structure on the subject site may be located closer than 10 feet to a protective yard.
      2. Breaks for pedestrian and vehicle access are allowed in a protective yard.
      3. The parking of vehicles and the placement of buildings or structures is prohibited in a protective yard. All parking and building setbacks apply.
   2. Walls
      Walls in a protective yard must meet the following.
      1. Walls must be closed and not exceed a maximum height of 8 feet.
      2. Walls shall be compatible with the principal building in terms of texture, quality, material and color.
      3. Walls must be constructed of high quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; architectural block; split-faced block; stucco over standard concrete masonry blocks; or glass block in a structurally safe and attractive condition.
      4. No walls containing more than 50% exposed standard concrete masonry blocks are permitted, whether painted or not.
      5. Alternative wall materials may be approved by the Development Services Director.
      6. No wall can be located within any tree conservation area.
      7. No wall can be located within any City of Raleigh utility easement without prior written approval of the Public Utilities Director.
      8. No wall can be located within any required drainage easement without prior written approval of the Engineering Services Director.
         
         Cross reference: The Public Utilities Director may approve structures within City of Raleigh utility easements, Sec. 8-2012(d).
   3. Fences
      Fences in a protective yard must meet the following.
      1. Fences must be closed and not exceed a maximum height of eight feet.
      2. Fences must be constructed of wood, composite fencing or PVC vinyl with the finished face located towards the adjacent property.
      3. Alternative fence materials may be approved by the Development Services Director.
      4. No fence can be located within any tree conservation area.
      5. No fence can be located within any City of Raleigh utility easement without prior written approval of the Public Utilities Director.
      6. No fence can be located within any required drainage easement without prior written approval of the Engineering Services Director.
         
         Cross reference: The Public Utilities Director may approve structures within City of Raleigh utility easements, Sec. 8-2012(d).
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         	Type A1	Type A2	Type B1	Type B2	Type B3
         Width (avg. min)	6'	10'	20'	35'	35'
         Fence Height (min)	Not allowed	6.5'	Not allowed	6.5'	Not required
         Wall Height (min)	6.5'	6.5'	6.5'	6.5'	Not required
         Shade Trees (min per 100')	Not required	4	4	6	Not required
         Understory Trees (min per 100')	4	4	4	6	Not required
         Shrubs (min per 100')	Not required	Not required	40	60	Not required
         Shrub Height (min)	n/a	n/a	3'	3'	Not required
         Berm	Not allowed	Not allowed	A berm in accordance with Sec. 7.2.4.D.4. may be installed, unless otherwise required. The installation shall not alter the yard width, fence, wall, shade and understory tree requirements	A berm in accordance with Sec. 7.2.4.D.4. may be installed, unless otherwise required. The installation shall not alter the yard width, fence, wall, shade and understory tree requirements	A berm shall be installed in accordance with Sec. 7.2.4.D.4. except the minimum height of the berm shall be 10' measured perpendicular to the crown

   4. Berms
      Where allowed, a berm in a protective yard must meet the following.
      1. A berm cannot be built in any protective yard whenever the protective yard is also a tree conservation area.
      2. Berms shall have a minimum average height of 3 feet, measured perpendicular to the center of the crown.
      3. The berm must contain a rounded crown suitable for planting and a stabilized side slope of no greater than three-to-one. A steeper side slope may be used in exceptional cases when all of the following are met:
         1. This steeper slope is sufficiently stabilized; and
         2. Physical constraints of the site prevent the use of a flatter slope.
      4. The berm shall be planted with ¾ of the required number of shrubs.
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         	Type C1	Type C2	Type C3	Type C4
         Width (avg. min)	10'	15'	10'	35'
         Fence Height (min)	6.5'	Not required	Not required	Not required
         Wall Height (min)	6.5'	Not required	In lieu of planting shrubs, a 3.5' wall may be installed	Not required
         Shade Trees (min per 100')	Not required	4	Not required	Not required
         Understory Trees (min per 100')	Not required	Not required	Not required	Not required
         Shrubs (min per 100')	30	15	30	Not required
         Shrub Height (min)	3'	5'	3.5'	Not required
         Berm	Not allowed	A berm in accordance with Sec. 7.2.4.D.4. may be installed, unless otherwise required. The installation shall not alter the yard width and shade tree requirements	Not allowed	A berm shall be installed in accordance with Sec. 7.2.4.D.4. except the minimum height of the berm shall be 10' measured perpendicular to the crown

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

1. Drive-Thru Facilities
   Where allowed, drive-thru windows and lanes must be designed to adhere to the following standards:
   1. In the DX- District and on any Urban Frontage, drive-thru windows and lanes may not be placed between the right-of-way of the street and the associated building. Drive-thru windows and lanes associated with buildings must be placed to the side or rear of the building.
   2. Where drive-thru windows and lanes are allowed to be placed between the right-of-way of the street and the associated building, the entire length of the drive-thru lane, located between the drive-thru lane and the adjacent right-of-way (not including an alley), must be screened.
   3. Screening must be a continuous compact evergreen hedge. At the time of installation, such screening must be at least 36 inches in height and reach a height of 48 inches within 3 years of planting.
   4. The following options may be used in lieu of compact evergreen hedge: (1) a combination of plants within GSI practices proposed to be part of an approved stormwater management plan and evergreen plants outside such GSI practices that together, at the time of planting, provide screening at least 36 inches above the level of the ground adjacent to the GSI practice, and reach a height at least 48 inches above adjacent ground level within 3 years of planting; or (2) a screening wall with a minimum height of 48 inches may be installed. The wall must be compatible with the principal building in terms of texture, quality, material, and color.
   5. No drive-thru window is permitted on the side of a building facing any Residential District.
2. Loading Areas
   1. Outdoor loading areas 50 square feet or larger not screened by an intervening building must be screened from view from adjacent property or public street right-of way for their entire length.
   2. Enclosed loading areas must be screened with a roll down door or other opaque screen.
   3. Unenclosed loading areas must be screened by a wall totaling 8 feet in height. Walls shall be compatible with the principal building in terms of texture, quality, material and color.
   4. Planting material must be provided so that no more than two-thirds of the surface area of the screening wall is visible at the time of maturity of the plants.
   5.  Screening may also be accomplished with evergreen plant material that can be expected to reach a height of 8 feet with a spread of 4 feet within three years of planting.
3. Service Areas
   1. Trash collection, trash compaction, recycling collection and other similar service areas shall be located to the side or rear of buildings and must be screened from view from adjacent property or public street right-of-way (not including an alley).
   2. Service areas that are fully integrated into a building must be screened with a roll down door or other opaque screen.
   3. Service areas that are not integrated into a building shall be screened from three sides by a wall at least 6 feet in height and on the fourth side by a solid gate at least 6 feet in height. The gate and wall shall be maintained in good working order and shall remain closed except when trash pick-ups occur. The wall and gate shall be compatible with the principal building in terms of texture, quality, material and color.
4. Mechanical Equipment
   1. Exemptions
      The following types of equipment are exempted from these screening requirements:
      1. Free-standing or roof-mounted sustainable energy systems; and
      2. Mechanical equipment associated with a single-unit living, two-unit living or townhouse building type used for multi-unit living.
   2. Roof-Mounted Equipment
      1. Roof-mounted equipment shall be screened from ground level view from adjacent property or adjacent public street right-of-way (not including an alley).
      2. New buildings shall provide a parapet wall or other architectural element that screens roof-mounted equipment from view.
      3. For existing buildings with no or low parapet walls, roof-mounted equipment shall be screened on all sides by an opaque screen compatible with the principal building in terms of texture, quality, material and color.
   3. Wall-Mounted Equipment
      1. Wall-mounted equipment shall not be located on any surface that directly faces a public right-of-way (not including an alley).
      2. Wall-mounted equipment located on any surface that is visible from a public right-of-way (not including an alley) must be fully screened by landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material and color.
   4. Ground-Mounted Equipment
      1. Ground-mounted equipment screening shall be as high as the highest point of the equipment being screened.
      2. Screening shall consist of landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material and color.
5. Utility Service Areas
   1. Utility service areas located outside of the public right-of-way that exceed 42 inches in height and 42 inches in any other dimension must be screened from the public right-of-way.
   2. Screening shall consist of landscaping or a wall or fence compatible with the principal building in terms of texture, quality, material and color.
   3. Utility service areas must be located an adequate distance from the public right-of-way to allow for any required screening to be installed without encroaching into the public right-of-way.
   4. Screening is not required for utility service areas located more than 50 feet from the public right-of-way.
6. Parking Structures
   1. Applicability
      1. Any façade facing towards, and located within 150 feet, of any of the following areas shall have openings screened with active uses or screening elements:
         1. Public street
         2. Off-site public park
         3. Off-site amenity area
         4. Residential district
         5. Residential use
      2. For properties zoned DX-, or with a Shopfront or Urban General Frontage, or -TOD, all facades shall have openings screened with active uses or screening elements.
   2. Allowable Screening Elements
      1. Allowable screening elements include mesh, tensile fabric, perforated or decorative panels, tinted or sandblasted opaque spandrel glass, or materials compatible with the associated principal building in terms of texture, quality, material and color.
      2. Mesh or perforated screening elements shall have a maximum open area of 40%. Chain link fencing shall be prohibited as an allowable mesh or similar screening element.
      3. Non-residential buildings, walls, or fences, located on-site, and within 30 feet of the parking structure façade, shall qualify as allowable screening elements.
      4. Alternative screening elements such as a green walls or louvers may be considered as part of a design alternate (see Section 7.2.3.)
   3. Design Standards
      1. Screening elements shall have a gap of no more than 18 inches from the frame of the screening element to the wall opening.
      2.  For parking structures located on properties not zoned DX-, or with a Shopfront or Urban General Frontage, or -TOD, screening elements may have a maximum lateral spacing of no more than 18 inches.
      3. On all levels where parking is provided adjacent to an exterior wall of the parking structure, all façades shall have exterior opaque walls a minimum height of 42 inches above any finished grade and any finished floor.
   4. Exemptions
      The following openings are not required to be screened:
      1. Vehicular ingress and egress openings at a maximum width of 30 feet for two driveways.
      2. Vehicular ingress and egress openings at a maximum width of 40 feet for three or more driveways.
      3. Pedestrian access openings at a maximum width of 8 feet.
      4. Openings required by Section 903.2.11. of the Fire Code.

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1. Applicability
   All stormwater retention ponds and detention basins permitted, constructed or modified to a cumulative extent greater than 50% of their original size shall be screened for their entire length as set forth in Sec. 7.2.6.C. When amenity features are provided as set forth in Sec. 7.2.6.B., no screening of the stormwater control facility is required.
2. Amenity Provisions
   Permanent stormwater retention ponds and detention basins may be supplemented with certain features which enable the facility to function as an amenity in addition to its primary function as a stormwater device. In situations where amenity features are provided consistent with these provisions, no screening of the stormwater control facility from on-site or off-site views shall be required. In the event a permanent stormwater retention pond or detention basin loses a feature by which the facility qualifies as an amenity, the feature shall be restored within 30 days or the facility shall be subject to the screening provisions listed in Sec. 7.2.6.C.
   1. Basic Amenity Features
      To qualify as an amenity, the following basic amenity features must be provided within any stormwater control facility.
      1. Integration of the permanent stormwater retention pond or detention basin into the design of public areas within the site or development through the use of appropriate placement, common building materials, textures, features or other treatments intended to lend architectural significance to the stormwater control facility. For the purposes of this section, "integration" shall mean at least two of the following 3 elements:
         1. Proximate placement of the stormwater facility to the principal structure;
         2. Provision of pedestrian access to the facility through installation of a delineated walk or trail from the principal structure; or
         3. Utilization of similar planting materials and building materials as used in the principal structure.
      2. No fence may be installed around the permanent stormwater retention pond or detention basin that acts to prevent pedestrian access to the facility from the site or development where it is located; in cases where a fence is needed to restrict access, the fence shall be screened in accordance with the screening provisions described in Sec. 7.2.6.C.
      3. Rock riprap or other "hard armoring" is limited to 10% or less of the entire surface area of the stormwater control facility above the low pool line.
      4. Permanent stormwater retention ponds and detention basins must incorporate features designed to reduce mosquito populations through provision of non-chemical mosquito mitigation measures, including but not limited to: cyclical alteration of the pond level, installation of aeration/agitation features to disrupt larval growth, providing nesting boxes for mosquito-predacious birds or bats or stocking ponds with mosquito-predacious fish (e.g. Gambusia affinis holbrooki).
   2. Supplemental Amenity Features
      In addition to the basic requirements described above, a permanent stormwater retention pond or detention basin must also provide supplemental features to be considered an amenity. The types of supplemental amenity features differ based upon the type of stormwater control facility.
      1. Permanent Retention (Wet) Ponds To be considered as an amenity feature, permanent retention ponds must;
         1. Retain water within a permanent pool;
         2. Maintain slopes of 4:1 or shallower to a distance of 10 feet below the median pool line (beyond which slopes may become steeper); alternatively, a retaining wall may be incorporated into a portion of the facility, provided the design of walls are compatible with the principal building in terms of texture, quality, material and color;
         3. Include horizontal curves or other sculptural elements within the shape of the facility so as to avoid a simple square or round shape; and
         4. Provide at least two of the following 4 features:
            1. Inclusion of an active water feature (i.e., aerator/fountain/ waterfall) within or adjacent to a permanent pool;
            2. Pedestrian access trails to and around the stormwater control facility from the existing proposed pedestrian network associated with the site or development. Trails are not required to meet the minimum specifications for sidewalks or multipurpose trails as described within the City's standard specifications and details and may be constructed of any discernible, leveled, and stable surface material, including but not limited to: brick or masonry, gravel, mulch, wood chips, mowed grass or low groundcover;
            3. Provision of riparian plant materials throughout the stormwater control facility to prevent erosion and add visual interest and additional perimeter plantings consisting of at minimum 3 understory trees or 2 shade trees totaling 8 inches in caliper at time of planting, and four shrubs for every 100 linear feet equivalent to the pond's maximum pool circumference and located no more than 75 feet from the pond's maximum pool line; or
            4. Inclusion of other permanent, pedestrian-oriented features,including but not limited to: seating, dining tables and mounted trash cans, in areas around or proximate to the stormwater control facility.
      2. Detention (Dry) Basins
         To be considered as an amenity feature, detention ponds must:
         1. Not contain water on a permanent basis;
         2. Provide a 100% vegetative cover capable of withstanding extended periods of inundation, except in spaces designed for specific recreational uses (e.g., baseball fields);
         3. Maintain slopes of 4:1 or shallower; alternatively, a retaining wall may be incorporated into a portion of the facility, provided the design of provided the design of walls are compatible with the principal building in terms of texture, quality, material and color; and
         4. Provide at least 2 of the following 3 features:
            1. Pedestrian access trails to the stormwater control facility from the existing and/or proposed pedestrian network associated with the site or development. Trails are not required to meet the minimum specifications for sidewalks or multipurpose trails as described within the City's standard specifications and details and may be constructed of any discernible, leveled, and stable surface material, including but not limited to: brick or masonry, gravel, mulch, wood chips, mowed grass;
            2. Inclusion of other permanent, pedestrian-oriented features, including but not limited to: seating, dining tables and mounted trash cans, in areas around or proximate to the stormwater control facility; or
            3. Grading and slopes of 8:1 or shallower which will allow utilization of the facility as an area for recreation when not in use as a detention facility (except on the dam structure and as is necessary to tie the dam back to existing grades); alternatively, a retaining wall may be incorporated into a portion of the facility, provided the design of walls are compatible with the principal building in terms of texture, quality, material and color.
   3. Incentives
      When a permanent stormwater retention pond or detention basin provides amenity features in compliance with the minimum requirements of this UDO, then the following provisions may also apply:
      1. The permanent stormwater retention pond and detention basin and related facilities, including amenity features, may be placed within required landscaping areas, including but not limited to: street protective yards, transitional protective yards and parking lot landscaping areas, (except in tree conservation areas adjoining thoroughfares, within areas zoned for resource management, tree protection areas and in natural protective yards); and
      2. When a permanent stormwater retention pond or detention basin is located within a required landscaping area, the portion of land associated with or adjacent to the stormwater control facility is only required to meet 80% of the minimum planting requirements of the required landscaping area.
3. Screening Requirements
   When amenity features are not provided as set forth in Sec. 7.2.6.B., screening of the stormwater control facility is required as set forth below.
   1. All vegetative screening shall be 75% locally-adapted evergreen species.
   2. All vegetative material shall be planted so as to attain a screen occupying at least 75% of a vertical plane around the perimeter of the facility to an average mature height of 6 feet above grade.
   3. Screening shall be required around the base of the dam structure (as applicable), but not on the dam structure, with those plant materials in immediate proximity to the dam characterized by shallow, non-invasive root systems.
   4. Screening shall not be required within required facility inlets or facility outlets or within a maintenance access path provided that such path does not exceed 12 feet in  width; in all other instances, at an average mature height of planting, the maximum open horizontal space between vegetative screening materials shall not be more than 2 feet in width.
   5. Vegetative material composing the screen shall be selected and installed so as to exhibit variety in texture, color, spread and height by using ornamental or deciduous shade trees in combination with evergreen materials.
   6. In some cases, vegetative material may be placed in clusters or groups to add additional visual interest as well as to achieve intermittent levels of vertical height; and
   7. In situations where the stormwater control facility utilizes a fence, all vegetative material associated with screening the facility shall be located outside the fence.
   8. In situations where a fence and gate are proposed, the fence and gate shall be colored black, forest green, dark brown or similar dark color, unless the fence is constructed of masonry, wood or similar natural material, in which case it may be left to weather naturally.

1. Certificate of Compliance Required
   1. The Development Services Director cannot issue a certificate of compliance until all landscaping has been installed in accordance with the requirements of this UDO.
   2. A temporary certificate of compliance may be issued when the Development Services Director determines that due to the unavailability of plant material or weather concerns, planting landscaping would jeopardize the health of plant materials for a period of up to 1 year following the date of application for a certificate of compliance. The applicant shall make the following arrangements to secure a temporary certificate of compliance.
      1. Produce a contract binding for 1 year from the date approved by the City, for the completion of the landscape work. Such contract shall specify that the work shall be completed before or during the year immediately following the date of application for a certificate of compliance. The City shall not be a party or a third party beneficiary to the contract.
      2. The applicant shall also agree in writing that they, their successors or assigns, shall provide the required planting within the one-year period, as a condition for obtaining a certificate of compliance for the principal use so long as the principal use shall continue. The applicant shall also agree that the principal use shall be discontinued if the required planting is not provided. Violations of these provisions shall constitute an unauthorized illegal occupancy of the principal use.
2. Sight Triangle
   1. Landscaping shall not obstruct the views of motorists using any street, driveway, parking aisles or the approach to any street intersection.
   2. All landscaping installations must comply with the sight triangle requirements of the Raleigh Street Design Manual.
3. Plant Material
   1. General Provisions
      1. Plant materials must be hardy to zone 7 in accordance with the U.S. Department of Agriculture's Plant Hardiness Zone Map.
      2. Plant materials must be able to survive on natural rainfall once established with no loss of health.
      3. Tree height is measured from the top of the root ball to the tip of the main stem.
      4. Trees cannot be planted within a tree conservation area or the critical root zone of an existing tree.
   2. Shade Trees
      1. All shade trees planted to meet the landscaping requirements must be a locally adapted species with an expected mature height of 35 feet or greater and an expected mature crown spread of at least 30 feet or greater unless subject to an overhead power line in which case the mature height may be less.
      2. All shade trees planted to meet the landscaping requirements must have a minimum caliper of 3 inches and be at least 10 feet tall at time of planting.
   3. Understory Trees
      1. Understory trees planted to meet the landscaping requirements must be a locally-adapted species with an expected mature height of at least 15 feet and an expected mature crown spread of at least 15 feet.
      2. Single-stem understory trees planted to meet the landscaping requirements must have a minimum caliper of 1½ inches and be at least 6 feet tall at time of planting.
      3. Multi-stem understory trees planted to meet the landscaping requirements must be at least 6 feet tall at time of planting.
   4. Additional Requirements for Trees in a Protective Yard
      1. In a protective yard, 50% of required trees shall be locally-adaptive evergreen species, except where an approved GSI practice is within a protective yard.
      2. Trees shall be distributed so that there are no horizontal gaps between trees greater than 30 feet, measured along the property line.
   5. Shrubs
      1. Parking Area
         In a parking area, all shrubs planted to meet the landscaping requirements shall be of a species that under typical conditions can be expected to reach a height and spread of 3 feet within three years of planting. All shrubs shall be a minimum of 18 inches tall when planted.
      2. Protective Yard
         1. In a protective yard, all shrubs planted to meet the landscaping requirements shall be evergreen and be of a species that under typical conditions can be expected to reach a height and spread of three feet within 3 years of planting. All shrubs shall be a minimum of 18 inches tall when planted.
         2. Shrubs planted in a Type C2 street protective yard shall be of species that under typical conditions can be expected to reach a height and spread of 5 feet within three years of planting. All shrubs shall be a minimum of three feet tall when planted.
         3. In a street protective yard, shrub planting must form at least 1 continuous row of shrubs spaced five feet on center across the entire protective yard except for driveways.
         4. Shrubs cannot be planted within the critical root zone of any tree.
         5. Where a protective yard is also a tree conservation area, shrubs must be planted adjacent to and outside the tree conservation area.
         6. To accommodate multi-functional GSI practices as part of an approved stormwater management plan, the number of shrubs may be reduced in Protective Yards by 10%, non-evergreen species may be used in lieu of up to 35% of evergreen shrubs, and all shrubs may be 24 inches when planted.
   6. Planting in Easements
      No required landscaping or screening shall be planted inside utility and drainage easements, excluding overhead easements, without the consent of the City and the easement holder.
4. Maintenance of Landscaping
   1. Responsibility
      The owner or tenant is responsible for maintaining all required landscaping in good health. Any dead, unhealthy or missing landscaping must be replaced with landscaping that conforms to this UDO within 30 days (or within 180 days where weather concerns would jeopardize the health of plant materials). In the event that required landscape is severely damaged due to an unusual weather occurrence or other act of nature, the owner or tenant may have 2 years to replace the required landscaping.
   2. Soil Erosion
      All planting areas must be stabilized from soil erosion immediately upon planting and must be maintained for the duration of the use.
   3. Pruning and Trimming
      1. All required landscaping shall be allowed to reach its required size and shall be maintained at that required size.
      2. Except for trimming and pruning done in strict accordance with the terms, conditions and provisions of a permit issued by the Parks and Cultural Resources Department or pruning and trimming done under an issued permit in strict accordance with the line clearance policies and standards governing such activities established pursuant to Part 9, chapter 8, required landscaping shall not be cut or excessively trimmed or otherwise damaged so that their natural form is impaired.
      3. A violation of this section shall subject the violator to a civil penalty of a minimum of $1,000 for the first tree plus $100 per caliper inch of any other tree unlawfully pruned damaged or excessively trimmed.
      4. This civil penalty shall be processed as set forth in Sec. 10.4.2. In addition to this civil penalty, if more than 50% of the crown of a tree is removed within a continuous five-year period or more than 40% of the critical root zone of the tree is subjected to tree disturbing activity or if more than one-third of the circumference of the tree is exposed by pruning cuts, the owner of real property, where a violation has occurred, shall replace each unlawfully pruned or other mechanically wounded, damaged, excessively trimmed or removed tree with a tree or trees of equal diameter.
      5. Any replacement tree shall have a minimum caliper of three inches and be at least 10 feet tall at time of planting. Any replacement tree not planted in the original location shall be planted in a planting area of at least 200 square feet in area with minimum dimension of 10 feet.
      6. If the property of which the violation has occurred fails to contain sufficient land area to replant the required replacement trees and replacement trees cannot be planted on adjoining street right-of-way, then in lieu of such replacement trees, a fee equal to $100 per caliper inch of replacement trees shall be paid to the City.
      7. The Parks and Cultural Resources Director may require crown restoration and crown reduction for any unlawfully pruned damaged or excessively trimmed tree. All such corrective pruning shall be done under the supervision of a certified arborist.
   4. Excessively Trimmed
      The pruning, cutting or otherwise damaging of the natural form of a tree when it meets one or more of the following.
      1. Removes more than 25% of the crown system of a tree within a continuous 5-year period.
      2. Removes, cuts or covers more than 25% of the root system of a tree within a continuous five-year period.
      3. Fails to conform to the pruning cuts methods set forth in the current edition of "Tree, Shrub and Other Woody Plant Maintenance—Standard Practices" of the American National Standards Institute.
      4. Is made for a purpose other than "hazard pruning," or "utility pruning," or "maintenance pruning" as set forth in the current edition of "Tree, Shrub and Other Woody Plant Maintenance—Standard Practices" of the American National Standards Institute.
      5. Is crown reduction, heading, vista pruning or pollarding as set forth in the current edition of "Tree, Shrub and Other Woody Plant Maintenance— Standard Practices" of the American National Standards Institute.
5. Credit for Existing Vegetation
   1. Existing trees and shrubs that meet the requirements of this Article may be preserved to satisfy the landscaping requirements.
   2. Credit toward the required number of trees or shrubs will be given on a tree-for-tree basis for each preserved tree or shrub. Where existing native vegetation does not meet the required landscaping standards, landscaping that meets the requirements of this Article must be installed.
   3. No credit is allowed for any tree or shrub if the tree or shrub is unhealthy or dead or is hazardous. The death of or replacement of any preserved tree or shrub which was used for credit requires the owner to plant new trees equal to the number of credited trees; such plantings must meet the requirements of this Article.
   4. In the event that existing native habitat or vegetation has been credited and is subsequently removed or dies, it shall be replaced with landscaping that meets the requirements of this Article.
   5. Supplemental landscaping may be required, if it can be reasonably inferred that after five years, the existing native habitat or vegetation will not continually provide a year-round foliage screen between properties.
   6. The critical root zone of each preserved tree must be entirely protected with no tree disturbing activity within any critical root zone.
   7. During construction, tree protection fences must be used.
6. Replacement by Condemnor
   Whenever any condemnor acquires property through eminent domain it shall be the responsibility of the condemnor to replace, in accordance with the provisions of this UDO, those complying elements which were removed unless a less stringent standard is required.

1. Applicability
   The following requirements apply to walls and fences located outside of a protective yard or required screening area.
2. General Standards
   1. Fences and walls must be constructed of high quality materials including 1 or a combination of the following: decorative blocks; brick; stone; cast-stone; architectural block; split-faced block; stucco over standard concrete masonry blocks; glass block; wood; wrought iron; composite fencing; wire; PVC vinyl; aluminum; or metal.
   2. No wall or fence can be located within any tree conservation area.
   3. No wall or fence can be located within any City of Raleigh utility easement without prior written approval of the Public Utilities Director.
   4. No wall or fence can be located within any required drainage easement without prior written approval of the Engineering Services Director.
   5. Barbed wire or concertina wire may be allowed in accordance with Sec. 13-3011.
   6. Except in an IH district, chain-link fences are not allowed in any front or side street setback.
   7. The maximum length of a continuous, unbroken and uninterrupted fence or wall plane shall be 100 feet. Breaks shall be provided through the use of columns, landscaped areas, transparent sections or a change in material.
   8. Except in an IH district, a wall or fence not more than 6 and one half feet in height may be located in a front or side street setback, provided the opacity of the wall or fence above 4 feet in height does not exceed 50%.
   9. A wall or fence may not exceed 8 feet in height in a side or rear setback unless it is located adjacent to a street, in which case it may be no more than 6 and one half feet in height, provided the opacity of the wall or fence above 4 feet in height does not exceed 50%.
      
      Cross reference: The Public Utilities Director may approve structures within City of Raleigh utility easements, Sec. 8-2012(d).
3. Fences and Walls Adjacent to Thoroughfares
   1. A fence or wall located within 20 feet of a Thoroughfare right-of-way shall either be less than 42 inches in height or situated at least 15 feet from the edge of the right-of-way and be screened with evergreen planting materials, so that no more than one-fourth of the fence or wall surface area will be visible from the Thoroughfare within 3 years of erection of the fence or wall.
   2. All fences and walls that are more than 42 inches in height and are located between 20 and 40 feet from any Thoroughfare right-of-way shall be installed with planting materials, so that no more than one-third of the fence or wall surface area will be visible from the Thoroughfare within three years of erection of the fence or wall. 40% of this plant material may be deciduous. Decorative fences that are more then 50% open shall be exempt from these provisions.
4. Retaining Walls
   Retaining walls that are generally parallel to, facing towards, and located within 30 feet of any public right of way shall be required to adhere to the following.
   1. A freestanding retaining wall may not exceed a continuous, uninterrupted height of 10 feet above grade or adjacent curb level (or if no curb exists, from the center crown of the street), whichever is higher. Average grade shall not be applied in determining the maximum height in this instance. Additional height above 10 feet may be permitted, provided the wall contains a minimum 2-foot step back for each additional 10 feet of wall height. A type C2 Street Protective Yard shall be required for any freestanding retaining wall of at least 10 feet in height. Where the retaining wall gains additional height with a step back, the step back area shall provide the quantity of shrubs equal to a type C3 Street Protective Yard.
   2. This regulation shall not apply to walls associated with culverts or stream crossings or to transportation improvements, such as bridge overpass structures for streets or railroads.
5. Building Foundation Walls
   A building foundation wall that is integrated into an apartment, general, civic, or mixed use building type and facing any public right of way must meet the following standards:
   1. The blank wall standards enumerated for the building type shall include the building foundation wall.
   2. When the building foundation wall is located within 30 feet of any public right of way, it shall have a maximum height of 5 feet above grade. Average grade shall not be applied in determining the maximum height in this instance.
   3. The building foundation wall shall be constructed or finished with the same primary materials as the building.
   4. Building foundation walls within 30 feet of a right of way may exceed 5 feet in height if any of the following treatments are applied. Treatments must cover 75% of the building foundation wall area, either singularly or collectively. Maximum height, including treatments, may not exceed 8’. All treatments must be located within 4 feet of the foundation wall unless integrated or connected thereto:
      1. Foundation planting—Except for DX-, -TOD overlay areas, Shopfront, Urban General, and Urban Limited frontages, a 3-foot-tall evergreen shrub planted at a rate of 3 shrubs per 10 feet. Species must meet the requirements of Section 7.2.7.
      2. Planter – A permanent planter of not more than 4 feet in height. Maximum spacing between planters shall be no more than 5 feet and planted and maintained with species that meet the requirements of Section 7.2.7.
      3. Access — Any portion of a stairway or ramp that is less than 4 feet in height providing access to a street-facing entrance. Stairs and ramps may exceed 4 feet in height, however, any portion above 4 feet in heightbshall not qualify as a treatment described herein.
      4. Seating – A permanent structure intended for seating between 18 inches and 3 feet in height and a minimum of 18 inches deep. Seating shall be a minimum of 5 feet and a maximum of 30 feet in length. In no instance shall seating exceed 50% of the linear length of the foundation wall. Seating must be accessible to the pedestrian.
      5. Transit Improvements – Transit improvements accepted by the City of Raleigh.

1. Intent
   Infill construction can introduce potential negative effects on surrounding developed properties, especially when property lines are not clearly delineated. Where new construction has been permitted that involves trenching, excavation, or any other type of construction that disturbs land, a bright orange construction safety/barrier fence shall be installed to highlight the extent of construction activities of the affected area.
2. Applicability
   Construction Safety Barrier fencing shall be required when:
   1. New construction activity adjacent to property zoned R-1, R-2, R-4, R-6 or R-10 disturbs more than 12,000 square feet of land area; or
   2. New construction activity occurs within 10 feet of the property line of an adjoining developed property zoned R-1, R-2, R-4, R-6 or R-10. A construction safety barrier fence shall not be required on the developing property when the adjacent property is owned by the same entity or person.
3. General Standards
   1. The construction safety barrier fencing shall be installed prior to the start of any land disturbing, demolition or construction activity on the property.
   2. The construction safety barrier fence shall be orange in color and a minimum height of four feet.
   3. The construction safety barrier fence shall be installed on the developing property and located one foot off the property line directly adjacent to the construction activity.
   4. A sign shall be posted on the construction safety barrier fence stating "Adjacent Property/No Trespassing," in both Spanish and English.
   5. The construction safety barrier fencing may be temporarily removed during the construction process provided it is replaced at the end of each day.
   6. If a silt fence is required along the property line the construction safety barrier fencing is not required.
   7. The construction safety barrier fencing shall be maintained in proper condition and remain in place until the construction is completed and a Certificate of Occupancy has been issued.

No sign may be altered, replaced, converted, changed or otherwise modified except
in accordance with the requirements of this UDO or an adopted Streetscape Plan or Custom Signage Plan. In the event there is an adopted Streetscape Plan or Custom Signage Plan that applies to the subject property and that regulates signage, conformance to the adopted plan is required. The standards of the Streetscape Plan or Custom Signage Plan shall apply in lieu of the standards of Article 7.3 as applicable.

Additional sign types may be allowed, requirements for additional sign types are located in Sec. 7.3.13.

1. Announcement Signs
   An announcement sign is a small on-premise ground sign permitted as use regulation for specific nonresidential uses in a Residential District as set forth in Chapter 6. Use Regulations
2. Crown Signs
   An on-premise wall sign located on buildings a least 200 feet in height.
   1. In addition to a permitted wall sign, buildings greater than 200 feet in height may contain a crown sign.
   2. The amount of additional wall signage shall not exceed 4.70 square feet of signage per building side for each foot of building height over 200 feet tall up to a maximum of 750 square feet.
   3. Additional wall signage shall not be transferred from 1 building side to another.
   4. No crown sign shall exceed 750 square feet per sign.
   5. Only 1 crown sign shall be located on any 1 side of a building.
   6. The sign must be located at the top crown of the building and it shall not extend below the top of the upper floor of the building.
   7. The same copy must appear on all additional crown signs.
   8. All sign illumination shall be internal.
   9. Changeable copy is prohibited.
   10. A crown sign shall contain no more than 1 line of copy, excluding symbols.
3. Changeable Copy Signs
   A sign on which copy is changed manually or automatically and copy is shown on the same sign face such as reader boards with changeable letters or changeable pictorial panels but not limited to the above. Poster panels and painted boards are not changeable copy signs.
   1. For any permitted wall, projecting, ground or tract identification sign up to 50% of the sign area may be changeable copy (automatic or manual).
   2. For tract identification the total area of the changeable copy cannot exceed 8 square feet per sign. Only 1 changeable copy sign may be erected and it must be physically part of that tract identification sign.
   3. No changeable copy sign may contain more than 3 horizontal pieces of information.
   4. Except changeable copy time and temperature signs, no changeable copy sign may change more than 4 times in any 24-hour period.
4. Directional Signs
   A sign that orients pedestrian and vehicular traffic to different areas within a development of over 100 acres.
   1. Directional signs are only allowed in developments that contain at least 100 acres.
   2. No sign permit shall be issued for a directional sign until a common signage plan has been approved as set forth in Sec. 7.3.16.H.
   3. All directional signs shall be under the maintenance responsibility of a single association or other legal entity.
   4. If any common signage plan amendment is approved, all existing signs that do not comply with the new sign criteria shall be removed within 30 days of approval of such amendment.
   5. There shall be no more than 1 directional sign for every 1,000 feet of frontage along any thoroughfare, commercial or collector street.
   6. No directional sign shall exceed 7 feet in height and 35 square feet of sign area.
   7. The sign may include the name of the overall development and the type of land use subareas that is identified in the approved Master Plan.
   8. Directional signs may be located on the same lot as a ground sign.
5. Directory Signs
   A on-premise sign that lists the name of activities, businesses, firms or tenants of a unified project or site.
   1. The site shall contain no more than 1 directory sign.
   2. The maximum sign area shall not exceed 3 inches by 15 inches for each identified activity, business, firm or tenant on the site.
   3. The outdoor directory sign may either be a changeable copy sign or fixed professional nameplates; provided that the standards of each are met.
   4. The sign may take the form of any sign permitted in the district provided that the sign complies with the applicable sign requirements. If the directory sign is a ground sign, no other ground sign is allowed unless the directory sign is positioned so that is not visible from any right-of-way and contains no other message, announcement or decoration.
6. Landmark Signs
   A sign that exhibits unique characteristics that enhance the streetscape or identity of a neighborhood and as such contributes to the historical or cultural character of the area or the community at large.
   1. The sign is an on-premise sign that meets at least 1 of the following criteria:
      1. It was expressly designed for the business, institution or other establishment at that location;
      2. It bears a national emblem, logo or other graphic that is no longer used by the company; or
      3. It is a remnant of an advertising program that is no longer used by the parent company.
   2. The sign complies with Sec. 7.3.16.B. and if any portion is permitted to remain on or over a public right-of-way, a City or State approved encroachment agreement is executed.
   3. The sign complies with the lighting standards of Sec. 7.3.16.G and the prohibited sign requirements of Sec. 7.3.15.
   4. The sign exists or will within 6 months of its designation as a landmark sign be restored and continuously maintained, in its full original condition except for minor changes required for structural enhancements, changes required to comply with paragraphs Sec. 7.3.13.F.1. through Sec. 7.3.13.F.3. above and Federal or State regulations. Where original materials are unavailable, substitute materials, which are as near as possible substitutes for the original material may be used.
   5. The sign was erected prior to January 1, 1973 and has existed continuously in place on the site.
   6. The application requesting landmark designation was completed and submitted within 6 months following an extension of areas in which this UDO is applicable.
   7. The sign is approved by the City Council as a landmark sign.
   8. Other signs that are of the same sign type as a landmark sign are permitted on the site so long as: the maximum area, including the area of landmark signs, of such type of signage, is not exceeded, all other applicable requirements for that type of sign are met and the maximum signage allowed for the site, as determined by Sec. 7.3.16.B., is not exceeded.
7. Miscellaneous (Omnibus) Signs
   Each site that is not allowed a wall sign or an on-premise sign or off-premises ground sign is allowed to contain a maximum amount of signage of 60 square feet, provided that, no sign is more than 15 square feet in area and 3½ feet in height.
8. Private Street Signs
   A sign placed on private property that identifies name of a private street.
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   1. Sign Legend
      1. Name and Block
         1. The approved street name and block number must be shown on each sign face.
         2. The street name must be shown in a clear, readable style of print. Cursive letters cannot be used.
         3. Block numbers must be shown in Arabic numerals.
         4. At the point of intersection with public streets, private street signs shall immediately above the name and block contain the word "private."
      2. Abbreviations
         The street name shall not be abbreviated but standard abbreviations may be used for the prefix (north, south, east and west) and for the suffix portion of the legend.
      3. Minimum Letter Size
         Street names shall not be less than 4-inch uppercase, 3-inch lowercase. Block number or building references shall not be less than 2 inches.
   2. Visibility and Reflectivity
      1. Legend and background color selection shall effect clear contrast and visibility for both day and night identification so that the name is easily identifiable for up to 175 feet from the sign.
      2. All legends and backgrounds shall be reflectorized to ensure visibility at night.
   3. Location, Number and Placement
      1. Location
         1. At intersecting private streets, the sign shall be placed as near as possible to the intersection of a line parallel to and 6 feet from each private street.
         2. The private street name marker assembly shall not be placed on the public right-of-way and shall not be closer than 6 feet to the edge of pavement of the private street.
      2. Number
         A sign face for intersecting private street or private street and public streets, shall be required so that the respective street name and block number is displayed to the appropriate direction of travel.
      3. Vertical Position
         The bottom of the sign shall be a minimum of 6 feet above the elevation of the adjacent street.
9. Product and Information Signs
   1. A product sign is a sign attached to outdoor vending machines, stands, gasoline pumps and display racks that direct attention to dispensed products.
   2. An information sign is an on-premise sign containing no other commercial message, copy, announcement or decoration other than instruction or direction to the public. Such signs include but are not limited to the following: identifying restrooms, public telephones, automated teller machines, for lease, for sale, walkways, entrance and exit drives, freight entrances and traffic direction.
   3. A product sign or information sign may not exceed 6 square feet in area, except in the case of an information sign for a multi-establishment campus.
   4. Individual information signs for a multi-establishment campus may be a maximum of 14 square feet in area with a maximum height of 3½ feet and a maximum width of 4 feet. One primary information sign may be located at each major entrance; provided that, no such sign shall be closer than 100 feet to the public right-of-way, and not exceed a maximum of 35 square feet in area, a maximum height of 7 feet and a maximum width of 5 feet.
   5. The total sign area for all product and information signs located on any site cannot exceed 32 square feet; provided that the total allowable sign area for information signs which are part of a multi-establishment campus may be increased in accordance with the following:
      1. 32 square feet per major entrance drive for any multi-establishment campus with three or more major entrances from a commercial street or a thoroughfare; and
      2. 10 square feet for each acre in excess of 10 acres of the multiestablishment campus.
   6. No commercial message, copy, announcement or decoration can be located on the information sign other than instruction or direction to the public.
   7. A product sign must be attached directly to either the dispensary structure or the product and cannot be located in any Residential District.
10. Temporary Signs
    After the issuance of a temporary sign permit the following temporary signs may be erected:
    1. Unlit on-premise portable signs, 3-dimensional banners, moored blimps, gas balloons and windblown signs such as pennants, spinners, flags and streamers for special events for a total period not to exceed 30 days.
    2. Construction signs are permitted on a construction site that meet all of the following standards:
       1. The sign area shall not exceed 15 square feet in sign area in CM, AP or a Residential District and shall not exceed 32 square feet in area in all other districts.
       2. No construction sign shall be erected prior to issuance of a grading or building permit and the sign shall be removed within 15 days after issuance of a certificate of compliance.
    3.  Except for government owned signage, temporary signs shall not be permitted within the right of way.
11. Unit Numbering Identification Sign
    1. All unit numbers shall be uniformly located on the side of the building facing the street within 18 inches of the building entrance or if not possible for architectural or building arrangement reasons prominently displayed on the building wall, easily visible from a public street.
    2. However, unit number signs for detached and attached houses and manufactured homes only may, in lieu of being located on the building wall, be located on the mail box or similar sized surfaces attached to mail boxes.
    3. Units that do not abut and gain access on a public street must locate identification signs containing the name of the court, street or way and the unit numbers on each main entrance to the building.
    4. All unit number signs shall be a minimum of 3 inches in size.
    5. Any unit number identification over 10 inches in height shall comply with all applicable sign regulations of this UDO.
12. Vehicle Sign
    1. Vehicle signs shall not be located within 40 feet of the right-of-way of any street. Vehicle signs on trailer or box truck type vehicles shall not be located within 100 feet of the right-of-way of any street.
    2. Vehicle signs permitted as part of an approved temporary event or vehicles used in direct connection with the business other than as signage, are not subject to these provisions during the course of their normal business usage.
13. Windblown Signs
    A banner, flag, pennant, spinner or streamer.
    1. No site shall contain more than 3 windblown signs. Each windblown device erected to a tether, pole, mast, building or any structure shall be deemed to be a separate distinct windblown sign.
    2. The total sign area of all windblown signs on a site located in a mixed or special district shall not exceed 40% of the maximum allowable signage as set forth in Sec. 7.3.16.B.
    3. The total sign area of all windblown signs on a site located in a residential district shall not exceed 35 square feet.
    4. The maximum height of a windblown sign shall not exceed 20 feet or the tallest principal building located on the site, whichever is greater.
    5. The windblown sign limitations do not apply to temporary windblown signs erected pursuant to Sec. 7.3.13.J.
14. DX Digital Signs
    Notwithstanding the provision of Sec. 7.3.2., signs that use technologies such as LCD, LED and Projection to display content such as digital images, video, streaming media, and information. Digital signs are prohibited except for the following:
    1. Attached, as a wall sign, not exceeding 750 square feet in area, per sign, to a civic building in the DX- zoning district where the civic building contains one or more places of public assembly having a single-room seating capacity of no less than 10,000. No more than one digital sign shall be permitted on a building façade facing the same public street.
    2. As a ground sign, not exceeding 100 square feet in area erected on a supporting structure, mast, post or pole no more than 20 feet in height, on a lot containing (i) a civic building in the DX- zoning district where the civic building contains one or more places of public assembly in the DX- zoning district having a single-room seating capacity of no less than 2,100; or (ii) an outdoor sports or entertainment facility in the DX- zoning district, having a seating capacity of no less than 5,000. No more than one digital ground sign shall be permitted on a lot for each public street abutting the lot. Subject to the prior limitation, multiple signs may face the same public street. A ground sign is not attached, supported or suspended to or from any building or structure.
    3. The digital signage permitted herein is in addition to and shall not be credited against all other signage permitted in Art. 7.3.
    4. DX digital signs are not changeable copy signs and are not subject to Sec. 7.3.13.C. or any minimum copy size described in Art. 7.3.
    5. DX digital signs shall not display any strobe lighting effects. For the purposes of this section, strobe lighting effects are intense flashes of light at a frequency of greater than 1Hz (or 1 flash of bright light per second).
15. Freestanding Channel Letter Ground Signs
    A freestanding channel letter ground sign that identifies the name of the development or an establishment within the development. The sign may be erected on a supporting structure, but not on a post, mast or pole, and neither the base or channel letters shall be attached, supported or suspended to or from any building. A sign permit is required for a freestanding channel letter ground sign. For purposes of this section, a channel letter sign shall mean a sign comprised of individual letters, numbers, logos, or other graphics that are independently mounted to a surface. Lighting for such signage may include neon tubes, fiberoptics, LED’s, and front and back lit letters.
    1. Freestanding channel letter ground signs are only allowed pursuant to an adopted Custom Signage Plan.
    2. The supporting structure, if one is utilized, shall not exceed 5 feet in height.
    3. Individual channel letters affixed to the supporting structure or to the ground shall not exceed 5 feet in height.
    4. The sign shall not exceed more than 10 feet in height.
    5. The sign shall not exceed more than 100 feet in length.
    6. There shall be no more than 1 line of copy per sign, and the sign shall not exceed 500 square feet in sign area.
    7. All ground sign braces shall be self-supporting structures permanently attached to concrete foundations in or upon the ground.
    8. There shall be no more than 2 freestanding channel letter signs allowed within the designated Custom Signage Plan area
    9. If a freestanding channel letter ground sign faces a public street, the sign shall be set back a minimum of 50 feet from the street, and shall be separated from the street by parking spaces, public or private open space or recreation space, or a 10 foot pedestrian walkway.
    10. Changeable copy is prohibited.
16. Attached Channel Letter Signs
    An attached channel letter sign that identifies the name of the development or an establishment within the development, where such sign is mounted atop or hanging from an awning, canopy, porte cochere, or building architectural element, including but not limited to, decorative support beams. A sign permit is required for a freestanding channel letter building sign. For purposes of this section, a channel letter sign shall mean a sign comprised of individual letters, numbers, logos, or other graphics that are independently mounted to a surface. Lighting for such signage may include neon tubes, fiberoptics, LED’s, and front and back lit letters.
    1. Attached channel letter signs are only permitted pursuant to an adopted Custom Signage Plan.
    2. No portion of the sign may extend above the building’s main roof line without a parapet wall, or no portion of the sign may extend 2 feet above the building’s main roof line with a parapet wall, provided no portion of the sign extends above the parapet.
    3. The sign shall not exceed 150 square feet in sign area for any building up to five stories in height, and 300 square feet in sign area for any building 6 stories and above.
    4. Individual channel letters shall not exceed 10 feet in height.
    5. There shall be no more than 2 lines of copy per sign.
    6. The sign shall not exceed 20 feet in height.
    7. There shall be no more than 2 attached channel letter signs allowed within the designated Custom Signage Plan area.
    8. Only 1 channel letter building sign shall be located on any 1 side of a building.
    9. Changeable copy is prohibited.

1. Purpose
   1. For the purpose of regulating excess signage, encouraging the positive economic development of the City, promoting the safety of the traveling public, protecting existing property values in both residential and nonresidential areas, preventing the overcrowding of land, promoting a positive community appearance as part of a concerted City-wide effort to protect and enhance the aesthetics of the Capital City for the enjoyment of all citizens of North Carolina, outdoor advertising signs is controlled and regulated.
   2. The regulations are designed to prevent their overconcentration, improper placement and excessive height, bulk, number and area. It is recognized that, unlike on-premise identification signs which are actually a part of a business, outdoor advertising is a separate and distinct use of the public thoroughfare. With a view to this distinction, outdoor advertising signs are regulated differently from on-premise signs. It is intended that outdoor advertising signs be located away from residential areas and that such signs be regulated to protect the character of the area wherein outdoor advertising signs are located, and to conserve property values in these areas.
2. General Regulations
   1. All outdoor advertising signs shall be consistent with all definitions and shall comply with all standards and regulations of this UDO.
   2. Except for ordinary maintenance and repair, poster panel replacements, copy, changes or repair not involving structural, material or electrical changes, no outdoor advertising signs or part of an outdoor advertising signs, shall be erected, altered, constructed, changed, converted, re-erected, additionally illuminated, reduced in size, enlarged or moved unless the entire outdoor advertising sign and structure are brought into conformity with this UDO.
   3. This Section does not apply to Intra-Development Signs as set forth in 10.2.21. Custom Signage Plan.
3. Area of Outdoor Advertising Signs
   1. No outdoor advertising sign facing streets with 4 or more traffic lanes may exceed 150 square feet.
   2. Outdoor advertising signs facing streets with fewer than 4 traffic lanes may not exceed 75 square feet.
   3. The sign area is measured by finding the area of the minimum imaginary rectangle or square of vertical and horizontal lines which fully encloses all extremities of the sign, excluding supports, the base or apron unless the copy message, announcement or decoration appears on the base or apron. The allowable sign area of signs with equal size and shape for both doublefaced (back-to-back) and V-type signs is measured by computing the area of only one side of the sign. Both sides of a double-faced or V-type sign shall be of equal size.
   4. The sign area of signs with 3 or more sides (multiple sided signs) containing a copy, message, decoration or announcement visible from a street, highway or expressway is measured as the sum of the area of any 2 adjacent sides.
4. Height
   No outdoor advertising sign, including base or apron, supports, supporting structures and trim, may exceed 30 feet in height.
5. Setback Requirements
   District setback requirements are not applicable to outdoor advertising signs.
6. Construction Standards
   1. Compliance with Building Codes
      All signs shall comply with the appropriate detailed provisions of the North Carolina and City Building Codes, the National Electric Code and other provisions of the Code of the City of Raleigh.
   2. Clearance from High-Voltage Power Lines
      Outdoor advertising signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code; provided that, no outdoor advertising sign shall be erected closer than 10 feet in any direction from any conductor or public utility guy wire.
7. Location and Spacing
   1. Corner Lots
      No part of an outdoor advertising sign may be located within a triangular area formed by the street right-of-way lines and a line connecting them at points 50 feet from the right-of-way intersection.
   2. Spacing of Signs
      1. No part of any outdoor advertising sign shall be located less than 1,000 feet from any part of another outdoor advertising sign when located within either of two 200-foot corridors along each side of a roadway. The 2 corridors shall be delineated by connecting perpendicular measurements from all points along the road rights-of-way. No part of any permitted outdoor advertising sign which is located outside of the 200-foot corridor areas may be located within a 1,000-foot radius of any other outdoor advertising sign.
      2. No part of any outdoor advertising sign is permitted within 400 feet of a district that allows dwellings.
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The following signs are prohibited within all districts.

1. Any sign which the Transportation Director determines obstructs the view of bicyclists or motorists using any street, private driveway, approach to any street intersection or which interferes with the effectiveness of or obscures any traffic sign, device or signal.
2. Illuminated, highly reflective signs or spotlights which the Transportation Director determines hampers the vision of motorists or bicyclists.
3. Signs, lights, rotating disks, words and other devices which resemble traffic signals, traffic signs or emergency vehicle lights.
4. Signs, lights, rotating disks, words and other devices not erected by public authority which may be erroneously construed as governmental signs or emergency warning signs.
5. Any sign which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairways, ladder or opening intended as a means of ingress or egress or providing light or air.
6. Any sign placed on any curb, sidewalk, post pole, hydrant, bridge, tree or other surface located on, over or across any public street, right-of-way, property or thoroughfare, unless authorized by the City Council.
7. Flashing signs, travelling lights or signs animated by lights or changing degrees of intensity, except signs in public rights-of-way, and DX digital signs as specifically provided in Sec. 7.3.13.N.
8. Signs that mechanically move, except signs on public rights-of-way.
9. Roof signs.
10. The tacking, posting or otherwise affixing of signs of a miscellaneous character visible from a public right-of-way located on the outside walls of buildings, barns, sheds, trees, poles, fences or other structures provided unit numbers, mailbox and paper tube identification signs that do not exceed 1 square foot in area and signs which warn the public against danger shall be allowed.
11. Any message, copy or announcement, which uses a series of 2 or more signs placed in a line parallel to a street, highway or expressway carrying a single message or copy.
12. Any sign which pertains to a business, profession, commodity or service which is vacant, unoccupied or discontinued for a period of 1 year or more; any part of a sign which is unused for a period of 1 year or more; or any sign which pertains to an event or purpose which no longer applies shall be deemed abandoned. An abandoned sign is prohibited and shall be removed by the owner of the sign or the owner or tenant of the premise.
13. Signs attached to, painted on, or otherwise positioned (whether exterior or interior) in or on an inoperable or unlicensed vehicle (motorized or nonmotorized) located in view of the right-of-way.
14. Signs attached to, painted on, or otherwise positioned in or on a licensed vehicle that is located in view of the street right-of-way when in a location or for a period of time that indicates that the use of the vehicle is for displaying the sign to passing motorists or pedestrians, except that such signs are allowed on a temporary basis in association with a temporary event permit.
15. Any sign unlawfully erected or maintained.

1. Area Computation of Copy and Signs
   1. Individual Letters
      1. The area of copy or the area of a sign which consists of individual letters that are erected directly onto a surface exclusive of any sign face, is measured by finding the area of the minimum imaginary rectangles or squares of vertical and horizontal lines, which fully encloses all sign words, copy or message.
      2. All or a portion of at least 1 side of each rectangle and square must be coterminous with the side of another rectangle or square. At least 75% of the sign area must be enclosed by 1 rectangle or square.
      3. Rectangles and squares cannot be configured to indent within a letter.
   2. Multi-Sided Signs
      The sign area of a sign with three or more sides (multi-sided signs) containing a copy, message, decoration or announcement visible from a street, highway or expressway is equal to the sum of the areas of any 2 adjacent sides.
   3. All Other Signs
      1. The sign area is measured by finding the area of the minimum imaginary rectangles or squares of vertical and horizontal lines which fully enclose all extremities of the sign, exclusive of its supports.
      2. All or a portion of at least 1 side of each rectangle or square must be coterminous with the side of another rectangle or square.
      3. At least 75% of the sign area must be enclosed by 1 rectangle or square.
      4. Rectangles and squares cannot be configured to indent within a letter.
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2. Maximum Signage
   1. The total maximum signage allowed for any single establishment located in a Mixed Use, IH or CMP district, not including an area with an adopted Streetscape Plan or properties with frontage on Fayetteville Street, is 2 square feet per linear foot of side of the building facing along any street up to a maximum of 300 square feet.
   2. If a ground sign or tract identification sign is located on the site, the maximum sign area per establishment is limited 200 square feet.
   3. No premise, including those in a Residential District, is prevented from having at least 32 square feet of on-premise signage, except for properties with frontage on Fayetteville Street as described below. Allowable signage may be allocated among the permitted signs in the district.
   4. The maximum allowable signage limitation does not apply to Landmark signs, product and information signs, unit numbering identification signs under 10 inches, temporary signs and window signs permitted pursuant to Sec. 7.3.7.
   5. No sign or combination of signs shall exceed a total of 3 square feet per linear foot of building frontage for properties with frontage on Fayetteville Street, applies south of Morgan Street and north of South Street.
3. Adopted Streetscape and Custom Signage Plans
   In the event there is an adopted Streetscape Plan or Custom Signage Plan that applies to the subject property and that regulates signage, conformance to the adopted plan is required. The standards of the Streetscape Plan or Custom Signage Plan shall apply in lieu of the standards of Article 7.3 as applicable.
4. Noncommercial Copy Permitted
   Any sign authorized in this UDO is allowed to contain noncommercial message in lieu of any commercial message.
5. Construction Standards
   1. Compliance with Building Code
      All signs shall comply with the appropriate provisions of the North Carolina State and City Building Codes, the National Electric Code and other provisions of the City Code.
   2. Clearance from High Voltage Power Lines
      Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electric Code specifications, provided that no sign, except government traffic signs, shall be installed closer than 10 feet in any direction from any conductor or public utility guy wire.
6. Sight Triangle
   1. Signs shall not obstruct the views of motorists using any street, driveway, parking aisles or the approach to any street intersection.
   2. All signs must comply with the sight triangle requirements of the Raleigh Street Design Manual.
7. Illumination of Signs
   Any conforming sign, unless otherwise specifically regulated, may be illuminated provided the following standards are met:
   1. Any light source from any illuminated sign or flood light used to illuminate a sign must not be oriented so as to direct glare or excessive illumination onto streets or sidewalks in a manner that may distract or interfere with the vision of drivers, cyclists or pedestrians, as determined by the Development Services Director.
   2. No illuminated sign shall cast light to exceed 0.5 footcandles measured at the property line of any Residential District and 2.0 footcandles measured at the right-of-way line of a street.
   3. Internal illumination cannot exceed 10 footcandles measured at a distance of 10 feet from the sign.
   4. All electrically illuminated signs shall have a disconnecting switch located in accordance with the provisions of the National Electric Code.
   5. Applications for both a sign permit and an electrical permit shall be submitted and approved by the City prior to the installation.
   6. In any -AOD, all illuminated signs shall be shielded in such a manner that no direct glare can be seen from above.
8. Common Signage Plan
   1. To achieve congruity, unity of development and to avoid conflicts within any site with more than 1 principal building, no sign permit shall be issued to any development containing more than 1 establishment until a common signage plan has been approved in accordance with Sec. 10.2.12., unless the development is subject to a Custom Signage Plan.
   2. No permit will be issued in violation of the common signage plan. Such criteria shall be as follows:
      1. Specified allowed type script that shall be observed.
      2. Maximum and minimum letter height that shall be observed.
      3. Specified allowed sign types, all other signs shall be prohibited.
      4. Sign placement by specifying sign panel location or elevations.
      5. Specified maximum of 7 colors to be applied to the sign and its background that shall be observed. Colors shall be in addition to black and white.
      6. In addition to the 7 color limit, the colors of black and white or a color that matches the building material color of the wall on which it is attached or the dominant exterior building material such as, but not limited to, brick or marble shall be allowed.
      7. Federal and State registered trademarks or service marks may employ additional colors; provided, they do not exceed the following:
         1. 12¼ square feet for all establishments less than 10,000 square feet;
         2. 18 square feet for establishments greater then 10,000 to 30,000 square feet;
         3. 25 square feet for establishments greater than 30,000 to 100,000 square feet; and
         4. 36 square feet for establishments greater than 100,000 square feet.
      8. The sign includes its casings, supports and backings. Only those signs which are erected or altered after the common sign plan is established shall be affected by the common sign plan

1. Within 90 days after the effective date of this provision or within 90 days following an extension of areas in which this section is applicable any portable ground sign, temporary sign, vehicle sign or windblown sign not authorized by Sec. 7.3.13.L. shall be removed. Except for signs approved as part of an adopted Streetscape Plan or Custom Signage Plan, all other signs which are made nonconforming by an amendment to this UDO or an amendment to the Official Zoning Map or extension of areas in which this UDO is applicable shall be discontinued and removed or made conforming within 5½ years after the date of the amendment or extension, unless explicitly prohibited by state statute.
2. Nothing in this UDO shall prohibit the ordinary maintenance repair of a nonconforming sign or replacement of a broken part of a nonconforming sign. Whenever any nonconforming sign or part of a nonconforming sign is altered, replaced, converted or changed, the entire sign must immediately comply with the provisions of this UDO and/or an adopted Streetscape Plan or Custom Signage Plan.
3. Nonconforming signs that are destroyed or damaged by 50% or more of their value shall not be rebuilt or repaired except in conformance with this UDO and/or an adopted Streetscape Plan or Custom Signage Plan.
4. Nothing in this UDO shall prevent a City Council-designated landmark sign from indefinitely remaining on-premise so long as the landmark sign complies with all the standards of Sec. 7.3.15.
5. Within 90 days after the effective date of this provision or within 90 days following an extension of areas in which this section is applicable:
   1. Any paper, poster board or similar sign or display shall be removed or otherwise made conforming.

1. Light levels are specified, calculated and measured in footcandles. All footcandles values are maintained footcandles.
2. Measurements are to be made at ground level, with the light-registering portion of the meter held parallel to the ground pointing up.

The following light fixtures and sources cannot be used:

1. Cobra-head-type fixtures having dished or drop lenses or refractors which contain sources that are not incandescent;
2. Temporary searchlights and other high-intensity narrow-beam fixtures; and
3. Light sources that lack color correction or do not allow for uniform site lighting.

All light fixtures shall meet the following requirements:

1. The maximum light level of any light fixture cannot exceed 0.5 footcandles measured at the property line of any Residential District and 2.0 footcandles measured at the right-of-way line of a street.
2. Lighting must not be oriented so as to direct glare or excessive illumination onto adjacent properties, streets or sidewalks.
3. Service connections for all freestanding lighting fixtures must be installed underground.

1. Light fixtures within parking and vehicular display areas may be no higher than 30 feet.
2. Light fixtures within pedestrian areas may be no higher than 15 feet.
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3. Light fixtures located within 50 feet of the property line of a Residential District may be no higher than 15 feet.
4. Light fixtures within 25 feet of a street right-of-way must be forward throw fixtures.
5. Light fixtures in parking and vehicular display areas must be full cutoff. In all other areas, light fixtures with more than 2,000 lumens must be full cutoff unless they meet the following:
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   1. Non-cutoff fixtures can be used when the maximum initial lumens generated by each fixture does not exceed 9,500 lumens;
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   2. If the unshielded fixture has all metal halide, fluorescent, induction, white high pressure sodium and color-corrected high pressure sodium lamps, the outer lamp envelope must be coated with an internal white frosting to diffuse light;
   3. All metal halide fixtures equipped with a medium base socket must use either an internal refractive lens or a wide-body refractive globe; or
   4. All non-cutoff fixture open-bottom lights must equipped with full cutoff fixture shields.
6. To the extent possible, as determined by the Development Services Director, internal light sources within structured parking shall not be visible from the adjacent public right-of-way. Rooftop lighting for parking structures shall be mounted a minimum of 15 feet in from the edge of the structure.

1. Flood light fixtures must either be aimed down at least 45 degrees from vertical or the front of the fixture shielded so that no portion of the light bulb extends below the bottom edge of the shield. 
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2. Any flood light fixture located within 50 feet of a street right-of-way must be mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed 15 degrees.
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3. All flood lamps emitting 1,000 or more lumens must be aimed at least 60 degrees down from horizontal or shielded so that the main beam is not visible from adjacent properties or the street right-of-way.
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Lighting under vehicular canopies must be less than 24 maintained foot candles and be designed to prevent glare off-site. Acceptable lighting designs include the following:

1. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface of the canopy;
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2. Light fixture incorporating shields or is shielded by the edge of the canopy itself, so that light is restrained to 5 degrees or more below the horizontal plane;
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3. Surface mounted fixture incorporating a flat glass that provides a cutoff design or shielded light distribution;
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4. Surface mounted fixture measuring no more than 2 feet by 2 feet, with a lens cover that contains at least 2% white fill diffusion material; or
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5. Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy, provided the fixture is shielded so that direct illumination is focused exclusively on the underside of the canopy.
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1. The mounting height of lighting fixtures cannot exceed 80 feet from finished grade unless approved as a special use permit in accordance with Sec. 10.2.9.
2. All fixtures must be equipped with a glare control package, including louvers, shields or similar devices. The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area.
3. No illumination, when measured at the property line, shall exceed o.4 maintained footcandle of lighting.
4. Lights within 100 feet of a Residential District cannot be illuminated after 10 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday.
5. In all other districts, the hours of operation for the lighting system must not exceed 1 hour after the end of the game or event.

Lighting fixtures illuminating signs must meet the standards of Sec. 7.3.16.G.

1. Lighting fixtures shall be selected, located, aimed and shielded so that direct illumination is focused exclusively on the building facade, plantings and other intended site features and away from adjoining properties and the street right-of-way.
2. All wall pack fixtures must be full cutoff fixtures.
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3. Only lighting used to accent architectural features, landscaping or art may be directed upward, provided that the fixture is located, aimed or shielded to minimize light spill into the night sky.

Lighting of Parking Structures shall be designed to reduce light spillage outside the parking structure according to the following:

1. Internal illumination shall be screened so that internal light sources shall not be visible. Internal light fixtures directly visible from outside the structure shall be directed internally upward or shall be shielded to prevent such visibility.
2. Internal illumination shall conform to the standards of UDO Section 7.4.7.A., 7.4.7.B. and 7.4.7.E. Vehicular Canopies.
3. Rooftop lighting shall be located at an elevation height less than the top of the nearest exterior perimeter rooftop wall; or shall be setback a minimum of 15 feet from the exterior perimeter of the rooftop wall at a maximum mounted height of 12 feet above finished floor with cutoff light fixtures that have a maximum 90 degree illumination.
4. Lighting levels measured at the property line of parcels adjacent to the structured parking deck shall not be greater than 0.5 footcandles, excluding property lines within 10 feet of any pedestrian or vehicular ingress or egress.
5. Lighting elements that do not comply with the above requirements such as motion sensor lighting may be considered as part of a design alternate (see Section 7.4.12.).

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 a design alternate, if all of the following findings are satisfied:

1. The approved alternate does not substantially negatively impact the comfort and safety of adjacent tenants, property owners, and/or pedestrians.

1. The requirements of this Article apply to any site where merchandise, material or equipment is stored outside of a completely enclosed building.
2. Where merchandise, material or equipment is stored outside of a completely enclosed building in an AP District and the storage area lies more than 100 feet from any street right-of-way or property line, the provisions of this Article do not= apply.
3. Where allowed, the outdoor sale, lease or rental of motor vehicles and heavy equipment as part of a properly permitted use are not subject to the provisions of this Article, but must be screened along the street edge by a Type C3 street protective yard as set forth in Sec. 7.2.4.B.

1. Defined
   1. Outdoor display is the outdoor display of products actively available for sale. The outdoor placement of propane gas storage racks, ice storage bins, soft drink or similar vending machines is considered outdoor display.
   2. Outdoor display does not include merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers (see outdoor storage).
2. Standards
   Outdoor display is permitted with any nonresidential use in a RX-, OP-, OX-, NX-, CX-, DX- and CMP district following approval of a plan illustrating the extent of the permitted area for outdoor display. The area for outdoor display must meet standards below.
   1. Outdoor display must be removed and placed inside a fully-enclosed building at the end of each business day, except propane gas storage racks, ice storage bins, soft drink or similar vending machines may remain outside overnight.
   2. Outdoor display is permitted adjacent to the primary facade with the principal customer entrance, but cannot extend more than 8 feet from the facade and occupy no more than 30% of the horizontal length of the facade.
   3. Outdoor display may not impair the ability of pedestrians to use the sidewalk or parking areas.

1. Limited Outdoor Storage
   1. Defined
      Limited outdoor storage includes, but is not limited to:
      1. Overnight outdoor storage of vehicles awaiting repair;
      2. Outdoor storage of merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers;
      3. Outdoor sales area for building supplies, garden supplies or plants;
      4. Outdoor storage of fleet vehicles; and
      5. Outdoor storage of vehicles, boats, recreational vehicles or other similar vehicles at a storage facility.
   2. Standards
      Limited outdoor storage is permitted in the OP-, OX-, NX-, CX-, DX-, IX-, AP, IH and CMP districts following approval of a plan illustrating the extent of the permitted area for limited outdoor storage and provided it meets the standards below.
      1. Limited outdoor storage may not be more than 12 feet in height and must be fully screened from view from the public right-of-way, public parking areas and abutting properties by an evergreen living fence that covers a least two-thirds of the surface area of the fence at the time of maturity or by a Type C1 or C2 street protective yard as set forth in Sec. 7.2.4.B.
      2. Limited outdoor storage cannot be located in an A or B neighborhood transition zone.
      3. Vehicles awaiting repair may be stored up to 14 days within the screened storage area.