The official title of this document is Part 10: Unified Development Ordinance for the City of Raleigh, North Carolina and is referred to throughout this document as "this UDO.”

1. This UDO applies to all land, buildings, structures and uses located within the corporate limits and the extraterritorial jurisdiction of the City of Raleigh, North Carolina.
2. To the extent allowed by law, the provisions of this UDO apply to all land, buildings, structures and uses owned, leased or otherwise controlled by any district, County, State or Federal government agencies.

This UDO was adopted on February 18, 2013 and became effective on September 1, 2013 by Ordinance No. 2013 151 TC 357 (TC-3-12).

This UDO is adopted to preserve, protect and promote the public health, safety and general welfare of residents and businesses in the City. More specifically, this UDO is adopted to achieve the following objectives:

1. Implement the policies and goals contained within officially adopted plans, including the Comprehensive Plan;
2. Improve the built environment and human habitat;
3. Conserve and protect the City’s natural beauty and setting, including trees, scenic vistas and cultural and historic resources;
4. Ensure that new development conserves energy, land and natural resources;
5. Protect water quality within watershed critical areas, the general watershed areas of designated water supply watersheds and other watershed districts;
6. Encourage environmentally responsible development practices;
7. Promote development patterns that support safe, effective and multi-modal transportation options, including auto, pedestrian, bicycle and transit and therefore minimize vehicle traffic by providing for a mixture of land uses, walkability and compact community form;
8. Provide neighborhoods with a variety of housing types to serve the needs of a diverse population;
9. Promote the greater health benefits of a pedestrian-oriented environment;
10. Reinforce the character and quality of neighborhoods;
11. Remove barriers and provide incentives for walkable projects;
12. Protect and promote appropriately located commercial and industrial activities in order to preserve and strengthen the City’s economic base;
13. Encourage compact development;
14. Ensure that adequate facilities are constructed to serve new development;
15. Provide for orderly growth and development of suitable neighborhoods with adequate transportation networks, drainage and utilities and appropriate building sites;
16. Save unnecessary expenditures of funds by requiring the proper initial construction of transportation networks, sidewalks, drainage facilities and utilities; and
17. Provide land records for the convenience of the public and for better identification and permanent location of real estate boundaries.

The Comprehensive Plan serves as the basic policy guide for development under this
UDO. The policies and action items of the Comprehensive Plan may be amended
from time to time to meet the changing requirements of the City in accordance with
the standards and procedures in Sec. 10.2.2.

The requirements of this UDO are considered to be the minimum requirements for
the promotion of the public health, safety and general welfare.

1. If any provisions of this UDO are inconsistent with similar provisions of State or Federal law, the more restrictive provision shall control, to the extent permitted by law.

2. Unless otherwise specifically stated herein, conflicts and duplications among portions of this UDO shall be resolved in favor of the more stringent regulation.

1. It is expressly declared that this UDO and each section, subsection, sentence and phrase would have been adopted regardless of whether one or more other portions of the UDO are declared invalid or unconstitutional (See Section 14 1004).
2. If for any reason any specific condition or regulation of a conditional zoning district ordinance is found to be invalid, it is the intention of this section that such invalidity shall not affect other provisions or applications of the conditional zoning district ordinance. However, when any property owner or their tenant or agents challenge any specific condition or regulation of a conditional zoning district ordinance, then the entire zoning district ordinance shall return to its prior zoning classification upon a finding of invalidity of any specific condition or regulation.

Notwithstanding anything contained herein to the contrary, and pursuant to N.C.G.S. §160A-75, the adoption, amendment, or repeal of any ordinance or development regulation requiring a public hearing under §160D-601 shall be approved upon receipt of no less than five (5) affirmative votes by City Council on the date of introduction or thereafter.

Enforcement may be by any one or more of the following methods and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions.

1. Equitable Remedy The City may apply for any appropriate equitable remedy to enforce the provisions of this UDO.
2. Injunction Enforcement may also be achieved by injunction. When a violation occurs, the City may either before or after the institution of any other authorized action or proceeding, apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in thecase of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property.
3. Order of Abatement The City may apply for and the court may enter an order of abatement. An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this chapter. Whenever the party is cited for contempt by the court and the City executed the order of abatement, the City shall have a lien, in the nature of a mechanic's and materialman's, on the property for the cost of executing the order of abatement.
4. Criminal Violations of this UDO shall constitute a misdemeanor or infraction as provided by N.C. Gen. Stat. §14-4 and the maximum fine, term or imprisonment or infraction penalty allowed by law is hereby authorized.

No existing building or structure constructed prior to September 1, 2013 shall be considered a nonconforming structure based on any of the following provisions:

1. Build-to regulations in Sec. 1.5.6.;
2. Pedestrian access regulations in Sec. 1.5.8.;
3. Transparency regulations in Sec. 1.5.9.;
4. Blank wall regulations in Sec. 1.5.10.; and
5. Residential garage parking options in Sec. 1.5.12.

The following external manuals contain technical requirements and are maintained by the City and referenced in this UDO:

1. Addressing Manual;
2. Guidelines for Land Disturbing Activity;
3. Design Guidelines for Raleigh Historic Districts and Landmarks dated May 2, 2017;
4. Private Use of Public Spaces;
5. Public Utilities Handbook;
6. Solid Waste Services Design Manual;
7. Stormwater Management Design Manual;
8. Street Design Manual dated January 1, 2018; and
9. Tree Manual.

Representation shall be provided by appointing at least one resident of the entire extraterritorial planning and development regulation area to the Planning Commission, Board of Adjustment, and Design Review Commission, as well as the Raleigh Historic Development Commission if there are historic districts or designated landmarks in the extraterritorial area. 

1. The location and boundaries of zoning districts established by this UDO are shown and maintained as part of the City’s Geographic Information System (GIS) under the direction of the Planning Director. The Zoning GIS layer constitutes the City of Raleigh's Official Zoning Map and is part of this UDO. All notations, references and other information shown shall have the same force and effect as if fully set forth or described in this UDO.
2. At the direction of City Council, the Planning Director is authorized to revise the Official Zoning Map. No unauthorized person may alter or modify the Official Zoning Map.
3. City Planning must maintain digital or printed copies of the Official Zoning Map and maintain records of superseded official maps.
4. All changes to the Official Zoning Map of the City shall be identified by updating the original computer digital data of each change, together with the date of the change.
5. When the City's extraterritorial jurisdiction is expanded, changes in the Official Zoning Map shall be identified by updating the original computer digital data with the date of the change.
6. A hard copy of the data and changes to the data will be kept by City Planning; all revisions to hard copies will be numbered, dated and signed by the Planning Director.

1. In the event that any uncertainty exists with respect to the intended boundaries as shown on Official Zoning Map, the Planning Director is authorized to interpret the boundaries.
2. Where uncertainty exists as to the boundaries of any zoning district shown on the Official Zoning Map, the precise location is to be determined as follows:
   1. Where a boundary line is shown as coinciding, binding along or super imposed upon a lot line, such lot line shall be deemed to be a boundary line.
   2. Where the location of a boundary line is indicated by a designated number of feet, that distance controls.
   3. Where a boundary line is shown as within or binding along a street, alley, waterway or right-of-way, the boundary line is deemed to be in the center of the street, alley, waterway or right-of-way except in the cases where the edge of the street, alley, waterway or right-of-way is designated as the boundary line.
   4. Where a boundary line is shown as binding along a railroad track or as being located a designated number of feet from a railroad track or where the location of a boundary line may be scaled from a railroad track, the nearest rail of the track designated controls.
   5. Where a boundary line is superimposed on a topographic elevation line, the precise location of the boundary line must be determined by field survey of the topographic elevation line, unless the topographic elevation has been relocated through grading subsequent to establishment of the boundary line.
   6. Where a boundary line is shown and its location is not fixed by any of the rules above, its precise location shall be determined by the use of the scale shown on the map.

Where an approved zoning condition conflicts with a standard of the corresponding general use district, the following shall apply.

1. The new general use district is controlling.
2. The UDO height, setback, parking, landscaping and screening regulations when more stringent than in the conditional zoning district ordinance are controlling. The calculation of height, setback and parking shall be in accordance with the UDO.
3. All approval processes shall follow the regulations of this UDO.
4. If the conditional zoning ordinance limits uses to a former legacy zoning district, those use limitations shall continue except if the former allowed use is not allowed in the new UDO general use zoning district. Limited uses and special uses will be determined by the UDO general use district.

The following general use zoning districts are established and applied to property as set forth on the Official Zoning Map.

Residential Districts
R-1 Residential-1
R-2 Residential-2
R-4 Residential-4
R-6 Residential-6
R-10 Residential-10

Mixed Use Districts
RX- Residential Mixed Use
OP- Office Park
OX- Office Mixed Use
NX- Neighborhood Mixed Use
CX- Commercial Mixed Use
DX- Downtown Mixed Use
IX- Industrial Mixed Use

Special Districts
CM Conservation Management
AP Agricultural Productive
IH Heavy Industrial
MH Manufactured Housing
CMP Campus
PD Planned Development

The following conditional zoning districts are established and applied to property as set forth on the Official Zoning Map. Each conditional district (bearing the designated CU on the Official Zoning Map) corresponds to a general use district. All zoning requirements that apply to the general use district are also applicable to the corresponding conditional district unless adopted conditions are more restrictive.

Residential Districts
R-1-CU Residential-1
R-2-CU Residential-2
R-4-CU Residential-4
R-6-CU Residential-6
R-10-CU Residential-10

Mixed Use Districts
RX-CU Residential Mixed Use
OP-CU Office Park
OX-CU Office Mixed Use
NX-CU Neighborhood Mixed Use
CX-CU Commercial Mixed Use
DX-CU Downtown Mixed Use
IX-CU Industrial Mixed Use

Special Districts
CM-CU Conservation Management
AP-CU Agricultural Productive
IH-CU Heavy Industrial
MH-CU Manufactured Housing
CMP-CU Campus
PD-CU Planned Development

The following overlay districts are established and applied to property as set forth on the Official Zoning Map.

-AOD Airport Overlay District
-MPOD Metro-Park Overlay District
-UWPOD Urban Watershed Protection Overlay District
-FWPOD Falls Watershed Protection Overlay District
-SWPOD Swift Creek Watershed Protection Overlay District
-SHOD-1 Special Highway Overlay District -1
-SHOD-2 Special Highway Overlay District -2
-HOD-G General Historic Overlay District
-HOD-S Streetside Historic Overlay District
-NCOD Neighborhood Conservation Overlay District
-TOD Transit Overlay District
-SRPOD Special Residential Parking Overlay District

The following districts are referred to as legacy districts. These districts exist in the Part 10 Zoning Code, and will eventually be replaced with a UDO zoning district. No new legacy district may be added to the Official Zoning Map, nor may any boundary of an existing legacy district be modified. These legacy districts may exist as a general use district or as a conditional district.

R-15 Residential-15
R-20 Residential-20
R-30 Residential-30
SpR-30 Special Residential-30
RB Residential Business
O&I-1 Office and Instituion-1
O&I-2 Office and Instituion-2
O&I-3 Office and Instituion-3
BC Buffer Commercial
SC Shopping Center
NB Neighborhood Business
BUS Business
TD Thoroughfare District
I-1 Industrial-1
I-2 Industrial-2
DOD Downtown Overlay District
PBOD Pedestrian Business Overlay District
PDD Planned Development District
SHOD-3 Special Highway Overlay District-3
SHOD-4 Special Highway Overlay District-4

Building types are allowed by district as set forth below.

 

	Image Detached House	Image Attached House	Image Townhouse	Image Apartment	Image General Building	Image Mixed Use Building	Image Civic Building	Image Open Lot	Image Tiny* House
Residential Districts
Residential-1 (R-1)
Conventional Dev. Option	■	--	--	--	□ (4)	--	■	■	■
Compact Dev. Option	■	--	--	--	--	--	--	--	--
Conservation Dev. Option	■	--	--	--	--	--	--	--	--
Cottage Court Housing Pattern	--	--	--	--	--	--	--	--	--
Frequent Transit Area Dev. Option	--	--	--	--	--	--	--	--	--
Flag Lot Housing Pattern	--	--	--	--	--	--	--	--	--
Residential-2 (R-2)
Conventional Dev. Option	■	■	□ (1)	--	--	■	■	■
Compact Dev. Option	■	■	■	--	--	--	--	--	--
Conservation Dev. Option	■	■	■	--	--	--	--	--	--
Cottage Court Housing Pattern	■	■	■	--	--	--	--	--
Frequent Transit Area Dev. Option	--	--	--	--	--	--	--	--	--
Flag Lot Housing Pattern	--	--	--	--	--	--	--	--	--
Residential-4 (R-4)
Conventional Dev. Option	■	■	□ (2)	--	--	■	■	■
Compact Dev. Option	■	■	■	--	--	--	--	--	--
Conservation Dev. Option	■	■	■	--	--	--	--	--	--
Cottage Court Housing Pattern	■	■	■	--	--	--	--	--
Frequent Transit Area Dev. Option	■	■	■	■	--	--	--	--
Flag Lot Housing Pattern	--	--	--	--	--	--	--	--
Residential-6 (R-6)
Conventional Dev. Option	■	■	■	□ (3)	--	--	■	■	■
Compact Dev. Option	■	■	■	--	--	--	--	--	--
Conservation Dev. Option	■	■	■	■	--	--	--	--	--
Cottage Court Housing Pattern	■	■	■	--	--	--	--	--	■
Frequent Transit Area Dev. Option	■	■	■	■	--	--	--	--	--
Flag Lot Housing Pattern	--	--	--	--	--	--	--	--	■
Residential-10 (R-10)
Conventional Dev. Option	■	■	■	■	--	--	■	■	■
Compact Dev. Option	■	■	■	■	--	--	--	--	--
Conservation Dev. Option	■	■	■	■	--	--	--	--	--
Cottage Court Housing Pattern	■	■	■	--	--	--	--	--	■
Frequent Transit Area Dev. Option	■	■	■	■	--	--	--	--	--
Flag Lot Housing Pattern	--	--	--	--	--	--	--	--	■
KEY:   ■ = Building Type Allowed   /  □ = See Footnote  /   -- = Building Type Not Allowed
(1) In R-2, townhouse developments are restricted to a maximum of two dwelling units, however, 3+ dwelling unit townhouse developments, and apartments, are allowed in the -TOD overlay.
(2) In R-4, townhouse developments are restricted to a maximum of two dwelling units, however, 3+ dwelling unit townhouse developments, and apartments, are allowed in the -TOD overlay.
(3) In R-6, apartments are allowed in the -TOD overlay.
(4) In R-1, the general building type is allowed only as part of a water or wastewater treatment plant use described in Sec. 6.3.3.E.
* A Tiny House may be constructed as a manufactured home. See UDO Article 12.2 for the definition of manufactured home.

	Image Detached House	Image Attached House	Image Townhouse	Image Apartment	Image General Building	Image Mixed Use Building	Image Civic Building	Image Open Lot	Image Tiny* House
Mixed Use Districts
Residential Mixed Use (RX-)	■	■	■	■	--	--	■	■	■
Parkway Frontage (-PK)	■	■	■	■	--	--	■	■	■
Detached Frontage (-DE)	■	■	■	■	--	--	■	■	■
Parking Limited Frontage (-PL)	--	--	■	■	--	--	■	■	--
Green Frontage (-GR)	--	--	■	■	--	--	■	■	--
Urban Limited Frontage (-UL)	--	--	■	■	--	--	■	■	--
Urban General (-UG)	--	--	■	■	--	--	■	■	--
Shopfront Frontage (-SH)	--	--	--	--	--	--	■	■	--
Green Plus Frontage (-GP)	--	--	--	--	--	--	■	■	--
Office Park (OP-)	--				■	■			--
Parkway Frontage (-PK)	--	--	--	--	■	■	■	■	--
Detached Frontage (-DE)	--	--	--	--	--	--	■	■	--
Parking Limited Frontage (-PL)	--	--	--	--	■	■	■	■	--
Green Frontage (-GR)	--	--	--	--	■	■	■	■	--
Urban Limited Frontage (-UL)	--	--	--	--	■	■	■	■	--
Urban General (-UG)	--	--	--	--	■	■	■	■	--
Shopfront Frontage (-SH)	--	--	--	--	--	■	■	■	--
Green Plus Frontage (-GP)	--	--	--	--	■	■	■	■	--
Office Mixed Use (OX-)	■	■	■	■	■	■	■	■	■
Parkway Frontage (-PK)	■	■	■	■	■	■	■	■	■
Detached Frontage (-DE)	■	■	■	■	--	--	■	■	■
Parking Limited Frontage (-PL)	--	--	■	■	■	■	■	■	--
Green Frontage (-GR)	--	--	■	■	■	■	■	■	--
Urban Limited Frontage (-UL)	--	--	■	■	■	■	■	■	--
Urban General (-UG)	--	--	■	■	■	■	■	■	--
Shopfront Frontage (-SH)	--	--	--	--	--	■	■	■	--
Green Plus Frontage (-GP)	--	--	■	■	■	■	■	■	--
Neighborhood Mixed Use (NX-)	■	■	■	■	■	■	■	■	■
Parkway Frontage (-PK)	■	■	■	■	■	■	■	■	■
Detached Frontage (-DE)	■	■	■	■	--	--	■	■	■
Parking Limited Frontage (-PL)	--	--	■	■	■	■	■	■	--
Green Frontage (-GR)	--	--	■	■	■	■	■	■	--
Urban Limited Frontage (-UL)	--	--	■	■	■	■	■	■	--
Urban General (-UG)	--	--	■	■	■	■	■	■	--
Shopfront Frontage (-SH)	--	--	--	--	--	■	■	■	--
Green Plus Frontage (-GP)	--	--	■	■	■	■	■	■	--
Commercial Mixed Use (CX-)	■	■	■	■	■			■	■
Parkway Frontage (-PK)	■	■	■	■	■	■	■	■	■
Detached Frontage (-DE)	■	■	■	■	--	--	■	■	■
Parking Limited Frontage (-PL)	--	--	■	■	■	■	■	■	--
Green Frontage (-GR)	--	--	■	■	■	■	■	■	--
Urban Limited Frontage (-UL)	--	--	■	■	■	■	■	■	--
Urban General (-UG)	--	--	■	■	■	■	■	■	--
Shopfront Frontage (-SH)	--	--	--	--	--	■	■	■	--
Green Plus Frontage (-GP)	--	--	■	■	■	■	■	■	--
Downtown Mixed Use (DX-)	■	■	■	■	■	■	■	■	■
Parkway Frontage (-PK)	■	■	■	■	■	■	■	■	■
Detached Frontage (-DE)	■	■	■	■	--	--	■	■	■
Parking Limited Frontage (-PL)	--	--	■	■	■	■	■	■	--
Green Frontage (-GR)	--	--	■	■	■	■	■	■	--
Urban Limited Frontage (-UL)	--	--	■	■	■	■	■	■	--
Urban General (-UG)	--	--	■	■	■	■	■	■	--
Shopfront Frontage (-SH)	--	--	--	--	--	■	■	■	--
Green Plus Frontage (-GP)	--	--	■	■	■	■	■	■	--
Industrial Mixed Use (IX-)	--	--	--	--	■	■	■	■	--
Parkway Frontage (-PK)	--	--	--	--	■	■	■	■	--
Detached Frontage (-DE)	--	--	--	--	--	--	■	■	--
Parking Limited Frontage (-PL)	--	--	--	--	■	■	■	■	--
Green Frontage (-GR)	--	--	--	--	■	■	■	■	--
Urban Limited Frontage (-UL)	--	--	--	--	■	■	■	■	--
Urban General (-UG)	--	--	--	--	■	■	■	■	--
Shopfront Frontage (-SH)	--	--	--	--	--	■	■	■	--
Green Plus Frontage (-GP)	--	--	--	--	■	■	■	■	--
Special Districts
Conservation Management (CM)	--	--	--	--	--	--	--	■	--
Agricultural Productive (AP)	■	--	--	--	■	--	--	■	--
Heavy Industrial (IH)	--	--	--	--	■	--	--	■	--
Manufactured Housing (MH)	See Article 4.5. Manufactured Housing (MH)
Campus (CMP)	Allowed building types determined on master plan (see Article 4.6. Campus (CMP))
Planned Development (PD)	Allowed building types determined on master plan (see Article 4.7. Planned Development (PD))

A. Defined
A site is any lot or group of contiguous lots owned or functionally controlled by the same person or entity, assembled for the purpose of development.
B. Site Area

1. Gross
   Gross site area is the total area of a site, including proposed streets or other land required for public use that is attributable to the site, as dedicated by the owner or predecessor in title.
2. Net
   Net site area is the area included within the rear, side and front lot lines of the site. Does not include existing or proposed public streets or right-of-way.

C. Site Width
Site width is the distance between the side lot lines of the site (generally running perpendicular to a street) measured at the primary street property line along a straight line or along the chord of the property line.
D. Site Depth
Site depth is the distance between the front and rear property lines of the site measured along a line midway between the side property lines.

A. Defined
A parcel of land either vacant or occupied intended as a unit for the purpose, whether immediate or for the future, of transfer of ownership or possession or for development.

B. Lot Area
Lot area is the area included within the rear, side and front lot lines. It does not include existing or proposed right-of-way, whether dedicated or not dedicated to public use. District density applies, and may require larger lots than those required for an individual building type.

C. Lot Width
Lot width is the distance between the side lot lines (generally running perpendicular to a street) measured at the primary street property line along a straight line or along the chord of the property line. A lot must meet the minimum lot width for the entire minimum required depth of the parcel except
for cul-de-sac lots. For townhouse lots that do not front on a public street, lot width is the distance between the side lot lines (generally running perpendicular to the parking lot or drive aisle) measured at the front property line along a straight line. A lot must meet the minimum lot width for the entire depth of the parcel except for cul-de-sac lots.

D. Lot Depth
Lot depth is the distance between the front and rear property lines measured along a line midway between the side property lines.

Image

E. Lot Width and Depth for Cul-de-Sac Lots
Any lot abutting a cul-de-sac in a Residential District where the minimum lot width is not met at the front property line must comply with the following:

1. The minimum lot frontage on a street shall be 20 feet (this dimension may be reduced upon approval of the Development Services Director if a common driveway or other form of shared access is provided); and
2. The minimum lot depth specified shall not be measured from the front property line, but instead measured beginning from the nearest point to front property line where the lot width equals the minimum lot width for the district. The minimum lot depth measured this way shall be 70 feet in R-1, R-2 and R-4, 60 feet in R-6 and 50 feet in R-10.

F. Density, Lot Area per Dwelling Unit, and Site Area per Dwelling Unit

1. Residential density, where applicable, is expressed in units per acre and is calculated by dividing the total number of dwelling units by the gross site area. Unless otherwise specified herein, minimum lot sizes, minimum site areas per dwelling unit, and minimum lot areas per dwelling unit shall be the controlling factors in determining dwelling unit yields.
2. Although minimum lot sizes may allow additional units, density, where applicable, serves as the maximum number of principal units per acre. For any lot developed with a Detached House or Tiny House used for Single-unit Living, or an Attached House or Tiny House used for Two-unit Living; one accessory dwelling unit is permitted per lot, regardless of underlying density, minimum lot size, minimum lot area per dwelling unit, or minimum site area per dwelling unit designations. For any lot developed with a Detached House or a Tiny House or an Attached House in a Frequent Transit Area, two accessory dwelling units are permitted per lot, regardless of underlying density, minimum lot size, minimum lot area per dwelling unit, or minimum site are per dwelling unit designations. For any lot developed with a Townhouse, one accessory dwelling unit is permitted per townhouse lot regardless of underlying density, minimum lot size, minimum lot area per dwelling unit, or minimum site are per dwelling unit designations.
3. In residential districts, any area required to be dedicated for public right-of-way by the Comprehensive Plan or any area dedicated as greenway, provided that the dedicators waive their statutory right to withdraw the dedication, may be transferred to contiguous property zoned to allow dwelling units. Transfers are restricted to properties under the same ownership which are located outside any Watershed Protection Area and in the same development as the dedication for right-of-way less than 60 feet in width.
4. A map showing the property and right-of-way dedication shall be recorded in the Wake County Registry with an indication that the roadway dedication density allowance has been utilized for the particular property prior to recording any subsequent maps in the development.
5. No density, lot area, or site area transfer shall be allowed if the developer has executed a reimbursement contract.
6. When a site is partly within a CM District, density, lot area, or site area may be transferred from the CM District, which carries the residential density, lot area, or site area minimums of the contiguous zoning district. If more than 1 zoning district adjoins the CM District, the CM District shall be divided by carrying the boundary lines separating the districts into the CM-zoned area.

1. Intent
   1. Outdoor amenity areas are intended to provide usable on-site outdoor space in both residential and non-residential developments for the healthy enjoyment of occupants, invitees and guests of the development.
2. General Requirements
   1. Where outdoor amenity area is required, it must be provided on-site and must be available for use by or as an amenity for the occupants, invitees and guests of the development.
   2. A minimum of 50% of the required outdoor amenity area must be usable to the pedestrians described in subsection 1. above. All areas usable to pedestrians must also be ADA accessible, however, this requirement shall not apply to outdoor amenity areas on the upper stories of existing buildings, allowed by Sec. 1.5.3.C.1., that do not have ADA compliant elevators or an accessible route to said amenity areas.
   3. Required outdoor amenity area may be met in 1 contiguous open area or in multiple open areas on the site ; however, to receive credit, each area must be at least 10 feet in width and length.
   4. Required outdoor amenity area may be located at or above grade.
   5. Required outdoor amenity area cannot be parked or driven upon, except for emergency access and permitted temporary events.
   6. Required outdoor amenity area may be covered but cannot be enclosed however outdoor amenity areas within the DX- district that will be covered by structures with a clear height no less than 8’ and less than the proposed minimum ground story height must account for no more than 50% of the required area. Perforated structures, where the sum area of the openings is greater than 50% or more of the surface area of the structure, shall not be considered covered for the purposes of this restriction.
   7. Green Stormwater Infrastructure (GSI) practices may be located within a required outdoor amenity area provided all other requirements of this subsection are met.Tree Conservation areas, stormwater detention wet ponds and dry ponds, slope/construction easements, riparian buffers, all protective yards, Zone A of neighborhood transitional protective yards and parking islands shall not be considered an outdoor amenity area.
   8. Sidewalk areas outside of the right-of way, even if used to satisfy streetscape requirements, shall also be eligible to count towards outdoor amenity area requirements provided all other requirements of this subsection are met.
   9. Areas outside of the right-of-way required to be set aside for required street trees shall be eligible to count towards outdoor amenity area requirements provided all other requirements of this subsection are met.
   10. Outdoor amenity areas meeting the requirements of Section 1.5.3. shall also be eligible to count towards required open space provided it also meets Article 2.5.
3. Additional Requirements for Urban Plazas
   Amenity areas located within the DX- District; the NX-, CX- or OX- Districts with an urban frontage; or the TOD, and associated buildings in excess of 4 stories in height must meet all of the following:
   1. Outdoor amenity areas may be located on upper levels of a building however, these elevated amenity areas can account for no more than 50% of the minimum required outdoor amenity area for the site.
   2. Outdoor amenity areas shall contain at least one of the following: tables, eating areas, fountains, active recreation areas, or public art.
   3. All required outdoor amenity areas must provide one linear foot of seating for each 50 square feet of required outdoor amenity area and one two-inch caliper tree for every 1,000 square feet of required outdoor amenity area.
   4. For all buildings greater than 7 stories in height, the minimum amount of required outdoor amenity area specified in chapter 3 shall be increased. An additional 50 square feet of outdoor amenity area is required for each building story above the seventh story. In no case shall the required amenity area exceed 12% of the gross site area.
4. Additional Exemptions/Reductions for Qualifying Projects in the DX District
   1. No outdoor amenity area is required for mixed-use buildings where nonresidential gross square footage (GSF) does not exceed 10,000 SF and where there are no more than 16 residential units proposed.
   2. No outdoor amenity area is required for residential-only buildings where there are no more than 16 dwelling units proposed.
   3. Any general building, or mixed-use building that is 50% or more nonresidential in floor area may reduce the minimum required outdoor amenity area by 50% in return for 100% of the provided amenity area being contiguous with and openly accessible from the sidewalk.
   4. The minimum amount of required outdoor amenity area can be reduced by up to 50% when modular suspended pavement systems are provided for all new required tree plantings.
5. 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 allow outdoor amenity areas that do not conform to the outdoor amenity area regulations set forth in Sections 1.5.3.B. and/or 1.5.3.C., if all of the following findings are satisfied:
   1. The approved alternate meets the intent of the Outdoor Amenity Area regulations;
   2. The approved alternate provides usable outdoor space that does not hinder pedestrian comfort or safety; and
   3. The approved alternate uses landscaping, seating, GSI, or other features and is clearly accessible for users.

1. Setback Types
   There are 4 types of setback – primary street setback, side street setback, side setback and rear setback. Through lots, except reverse-frontage lots, are considered to have 2 primary street setbacks. Reverse-frontage lots will designate the street from which access from adjacent lots is taken as primary. If that fails to produce a clear result, the applicant may designate either street as primary.
2. Measurement of Building Setbacks
   1. Primary and side street setbacks are measured perpendicular from the edge of the existing or proposed right-of-way, whichever is greater.
   2. Side setbacks are measured perpendicular from the side property line.
   3. Rear setbacks are measured perpendicular from the rear property line or the edge of the existing or proposed right-of-way, whichever is greater, where there is an alley.
   4. For the irregular shaped lots described below, setbacks shall be assessed as follows:
      
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3. Multiple Street Frontage Lots
   For the purposes of determining setbacks, build-to lines, and other regulations, a multiple street frontage site or lot other than an Open Lot must designate at least 1 primary street prior to development, not to include additions. A lot may
   have more than one primary street. The following rules determine a primary street:
   1. A lot developed with the Apartment, General, Mixed-Use or Civic building types shall designate its primary street using the criteria shown in (a) through (g) below. If one street meets any of criteria (a) through (d), it will be designated primary. If two streets meet any of criteria (a) through (d), both will be designated primary. If three or four streets meet any of criteria (a) through (d), the two streets that meet more of (a) through (d) will be designated as primary; if they meet the same number, then the applicant may choose the two streets. Where the criteria refer to a street, the relevant portion of the street is the portion adjacent to or within the site or lot. If no street meets criteria (a) through (d), then the street that that satisfies more of criteria (e) through (g) will be designated as  primary. If the criteria do not apply or do not produce a clear result, then any street may be designated as primary by the applicant.
      1. The street with transit service;
      2. The street designated as a Main Street or Urban Thoroughfare on the Urban Form Map;
      3. Any street designated as a Retail Street in the Downtown section of the Comprehensive Plan.
      4. The street designated as a Mixed-use Street on the Raleigh Street Plan Map;
      5. The street designated as a Major Street on the Raleigh Street Plan Map;
      6. The street with on-street parking;
      7. The street with the higher classification on the Raleigh Street Plan Map;
   2. A block face predominately developed with the Townhouse building type shall designate as its primary street either a Local Street or Mixed-use Street, if available. If the site fronts on more than one street meeting these criteria or if they do not apply, then the selection of primary street shall be based on the criteria for Apartment, General, Mixed-Use, or Civic buildings. Any street designated as primary must form the face of a block or extend fully through
      the property.
   3. For an Attached or Detached building, a corner lot shall designate its primary street as being opposite the rear yard of any adjoining lot. If the corner lot abuts only the side yard of adjoining lots or abuts another corner lot, then the primary street shall be located along the narrowest street frontage. If the two street frontages are within 10 percent of each other in length, either street may be designated as primary. In no case will a Major Street be designated as the primary street.
   4. A limited-access highway shall never serve as the primary street.
   5. A dead-end or cul-de-sac street can only be identified as primary for residential lots.
   6. A private street cannot be primary unless the lot has no public street frontage.
   7. In the event an adopted plan designates primary streets, the adopted plan shall control.
   8. If none of the criteria produce a result, the applicant may designate the primary street.
4. Setback Encroachments
   All buildings and structures must be located at or behind required setbacks, except as listed below. Underground structures covered by the ground may encroach into a required setback.
   1. Building Features (attached to a structure)
      1.  Porches, decks, patios, terraces, and stoops greater than 1 foot in height may extend 12 feet into a  required side or rear setback, provided that such extension is at least 3 feet from the vertical plane of any side or rear property line. In addition, these structures may extend 9 feet into a primary or side street setback, provided that such extension is at least 3 feet from the vertical plane of any street property line.
         Patios, terraces and decks that are 1 foot in height or less may be constructed a minimum of 0 feet from the vertical plane of any side or rear property line and 3 feet from the vertical plane of any street property line.
      2. Balconies (platforms projecting from the wall of a building with a railing along its outer edge, often accessible from a door or window) may extend up to 6 feet into a required setback, provided that the landing is at least 3 feet from the vertical plane of any lot line. Balconies can be covered but cannot be fully enclosed.
      3. Galleries (covered passages extending along the outside wall of a building supported by arches or columns that are open on 1 side), must have a clear depth from the support columns to the building's façade of
         at least 8 feet and a clear height above the sidewalk of at least 10 feet. A gallery may extend into a required street setback. A gallery may not extend into a required side setback.
      4. Chimneys or flues may extend up to 4 feet, provided that such extension is at least 3 feet from the vertical plane of any lot line.
      5. Building eaves, roof overhangs, awnings and light shelves may extend up to 5 feet, provided that such extension is at least 3 feet from the vertical plane of any lot line.
      6. Bay windows, oriels, vestibules and similar features that are less than 10 feet wide may extend up to 4 feet, provided that such extension is at least 3 feet from the vertical plane of any lot line.
      7. Unenclosed fire escapes or stairways may extend up to 4 feet into a required side or rear setback, provided that such extension is at least 5 feet from the vertical plane of any lot line.
      8. Cornices, belt courses, sills, buttresses or other similar architectural features may project up to 1½ feet.
      9. Handicap ramps may project to the extent necessary to perform their proper function.
      10. If a variance is not required, a building feature may encroach into the right-of-way, provided a license for the use of the right-of-way is obtained from the authority having jurisdiction. A City license is terminable at will by the City.
   2. Mechanical Equipment and Utility Lines
      1. Mechanical equipment associated with residential uses, such as HVAC units and security lighting, may extend into a required rear or side setback, provided that such extension is at least 3 feet from the vertical plane of any lot line. Permanently installed generators associated with residential uses must meet setbacks for the primary structure in the district. A zoning permit is required for these generators.
      2. Solar panels or wind turbines may extend into a required rear or side setback, provided that such extension is at least 3 feet from the vertical plane of any lot line.
      3. Rainwater collection or harvesting systems may extend into a required rear or side setback, provided that such extension is at least 3 feet from the vertical plane of any lot line.
      4. Utility lines located underground and minor structures accessory to utility lines (such as hydrants, manholes and transformers and other cabinet structures) may extend into a required rear or side setback.
   3. Minor Structures and Improvements
      Notwithstanding the other requirements of this UDO, standalone structures or improvements that are 4 feet in height or less may be a minimum of 3 feet from any property line. Standalone patios, terraces and decks that are 1 foot in height or less may be constructed a minimum of 0 feet from the vertical plane of any side or rear property line and 3 feet from the vertical plane of any street property line. Pools and other water features may encroach into
      a required setback subject to any other building code requirements and/or limitations.
5. Other Setback Encroachments
   1. Fence and walls under Sec. 7.2.8.
   2. Signs under Article 7.3. Signs.
   3. Driveways under Sec. 8.3.5. Site Access.
   4. Transitional and street protective yards under Sec. 7.2.4.

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1. Parking Setback Types
   There are 4 types of parking setback – primary street setback, side street setback, side setback and rear setback. Through lots are considered to have 2 primary street setbacks.
2. Measurement of Parking Setbacks
   1. Primary and side street setbacks are measured perpendicular from the edge of the existing or proposed right-of-way, whichever is greater.
   2. Side setbacks are measured perpendicular from the side property line.
   3. Rear setbacks are measured perpendicular from the rear property line or the edge of the existing or proposed right-of-way, whichever is greater, where there is an alley.
3. Parking Not Allowed
   On-site surface and structured parking must be located behind the parking setback line, where applicable. This requirement does not apply to on-street parking or apply to upper stories of a parking deck.
4. Parking in the Front Setback
   1. For a detached house, tiny house, or attached house located within a Residential District and used for residential purposes, combined parking and driveway area shall not constitute more than 40% of the area between the front building facade and the front property line. Any parking in the front setback must have sufficient depth so that parked cars do not encroach on the adjacent sidewalk.
   2. Additional parking regulations may be applied with the Special Residential Parking Overlay District (see Sec. 5.6.1.).

1. Defined
   1. The build-to is the area on the lot where a certain percentage of the front principal building facade must be located, measured as a minimum and maximum setback range from the edge of the proposed or existing right-of-way, whichever is greater.
   2. The required percentage specifies the amount of the lot width, site width, or blockface width in the case of townhouses, that must be occupied by front building façade within the build-to range, measured based on the width of the building divided by the width of the site, lot, or townhouse blockface, whichever applies.
   3. There are 2 types of build-to -- primary street build-to and side street build-to. Through lots are considered to have at least 1 primary street build-to.The designation of the primary street build-to shall follow the rules of Sec. 1.5.4.C. No build-to is required on the non-primary street frontage of a through lot.
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2. Intent
   1. The build-to is intended to provide a range for building placement that strengthens the street edge along the right-of-way, establishing a sense of enclosure by providing spatial definition adjacent to the street.
   2. The building edge can be supplemented by architectural elements and certain tree plantings aligned in a formal rhythm. The harmonious placement of buildings to establish the street edge is a principal means by which the character of an area or district is defined.
   3. The build-to range is established to accommodate some flexibility in specific site design while maintaining the established street edge.
       
3. General Requirements
   1. On corner lots, building façade fronting each street must be placed within the intersecting build-to range for each street. Amenity area provided in accordance with Section 1.5.6.C.4. may be used to satisfy this requirement.
   2. With the exception of parking areas, all structures and uses customarily allowed on the lot are permitted in the build-to area.
   3. When any of the items listed below are generally perpendicular to the rightof- way and located within the applicable build-to range, lot width shall be reduced by the width of the impediment for the purposes of calculating build-to percentage. To qualify, a perpendicular impediment must reduce the build-to range to less than 10’ as detailed below. For example, a 100’ wide lot with a 20’ wide perpendicular easement would be considered an 80’ wide lot when calculating build-to percentage.
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      When any of the items listed below are generally parallel to the right-of-way, located within the build-to range, and reduce the build-to range to less than 5', then the build-to range shall be reduced by 50% and measured from the edge of the impediment. For example, a lot with a 17’ parallel easement and initial build-to range of 0'/20' shall be considered to have a new build-to range of 17’/27’.
       
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      1. Riparian Buffers
      2. Floodways
      3. Areas of steep slope (defined as slopes in excess of 25%)
      4. Required Open Space as defined in Article 2.5
      5. Required Protective Yards or Landscaped areas
      6. Portions of property encumbered by electric transmission lines rated to transmit 230Kv
      7. The additional width (up to 25') of any second driveway required by this code that must cross the build-to area
      8. Tree Conservation (proposed and recorded)
      9. Private Utility Easements (pre-established and recorded)
      10. Sight Distance Triangles
      11. Public Easements on private property, including but not limited to:
          1. Storm Drainage
          2. Sanitary Sewer
          3. Water Distribution
          4. Transit
          5. Slope
          6. Pedestrian (Sidewalk and Pedestrian Passage)
          7. Greenway
   4. The required build-to percentage may be reduced by 30% when the area that would have been otherwise occupied by building facade is substituted with an outdoor amenity area meeting the requirements of Sec. 1.5.3. For example, a 70% primary street build-to could be reduced to a 49% primary street build-to under this provision.
4. Design Alternate Findings
   The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), after conducting a duly noticed quasi-judicial evidentiary hearing in accordance with Sec. 10.2.17., shall reduce the build-to requirement, if all of the following findings are satisfied:
   1. The approved alternate is consistent with the intent of the build-to regulations;
   2. The approved alternate does not substantially negatively alter the character defining street wall or establish a build-to pattern that is not harmonious with the existing built context; and
   3. The change in percentage of building that occupies the build-to area or  increased setback does not negatively impact pedestrian access, comfort or safety.

1. Building Height
   1. Building height is measured from average grade to the top of the highest point of a pitched or flat roof, not including a maximum parapet wall encroachment. Building height must be met for the entire building, unless the multiple module height method is used in which case building height must be met for each module. The maximum height encroachment for a parapet wall is 4 feet for a 3-story building, with 1 additional foot of parapet wall allowed for each additional story thereafter. In no case shall a parapet encroachment be taller than 12 feet.
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   2. Average grade shall be determined using one of the following methods:
      1. Single Building Height Method
         1. Average grade shall be considered to be average post-development grade above sea level along the building elevation most parallel and closest to the primary street setback.
      2. Multiple Module Height Method
         1. As an alternative option to the single building height method, measurement of height for a building can be broken down into two or more building modules each with a separate average grade for the purposes of determining the height in feet and number of stories for the individual modules.
         2. Average grade for each module shall be considered to be average post-development grade above sea level along the building module elevation most parallel and closest to the primary street setback.
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            Single Building Height Method
             
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            Multiple Module Height Method
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      3. Infill Development Height Method
         1. For any building subject to the standards of Sec. 2.2.7., average grade shall be determined by averaging the four points consisting of the highest and lowest elevations of both pre-development and postdevelopment grade above sea level along the building elevation most parallel and closest to the primary street setback. When the average post- development grade is lower than the average pre-development grade, then height shall be measured from the average post development grade.
             
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            The following subsections apply to any methodology:
   3. Where a site or lot is determined to have more than one primary street, average grade shall be determined along each building or module elevation most parallel and closest to each primary street. Maximum building or module height must be met from the average grade of each primary street independently.
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   4. Applicable elevation shall be determined using one of the following methods:
      1. Single Building Height Method
         1. When using the single building height method, there is only one applicable building elevation. The applicable building elevation is that which is most parallel and closest to the primary street. Any portion of the applicable building elevation that is located more than 30 feet behind the portion of the wall plane closest to the primary street shall not be included in the calculation of average grade, provided it is less than 50% of the total building elevation width.
      2. Multiple Module Height Method
         1. When using the multiple module height method, each module must establish an applicable elevation. The applicable module elevation is that which is most parallel and closest to the primary street, and20 feet or more in length. Any portion of the applicable module elevation that is located more than 30 feet behind the portion of the wall plane closest to the primary street shall not be included in the calculation of average grade, provided it is less than 50% of the total module elevation width.
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   5. For a detached or attached building type only, an attic does not count as a story where 50% or more of the attic floor area has a clear height of less than 7.5 feet; measured from the finished floor to the finished ceiling. To be classified as an attic, the space must also meet the specifications as provided in the defined term in Article 12.2, Defined Terms.
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   6. When 50% or more of the perimeter wall area of a detached or attached building is located below grade, the building contains a basement. The floor of this level must be located entirely below finished grade. This provision can be utilized in other building types; however, the entirety of the floor area may only be used for storage, mechanical equipment, parking, laundry or waste collection.
   7. For a detached or attached building type only, or for any building type located within the Downtown Mixed Use District, or for any building that is zoned for a maximum of three stories, where a lot slopes downward from any primary street, one story that is additional to the specified maximum number of stories may be built on the lower portion of the lot. This provision shall not be applicable for any structure that includes a basement.
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   8. Where the property slope increases to the rear, building, or building module, height is measured from the average post-development grade above sea level of the front and rear wall plane of the building or building module. However, buildings subject to the standards of Sec. 2.2.7. shall utilize the same averaging approaches in Sec. 1.5.7.A.2.c. above, in order to calculate the average grade between the pre-development average grade and the post-development average grade. When the average post-development grade utilizing both the front and rear wall planes is lower than the average pre-development grade, then height shall be measured from the average post-development grade of the front and rear wall planes.
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2. [Reserved for future codification]
3. Story Height
   1. Story height is measured from the top of the finished floor to top of the finished floor above.
   2. Minimum ground story height applies to the first 30 feet of the building measured inward from the street facing facade. At least 50% of the ground story must meet the minimum ground story height provisions.
   3. Where applicable, at least 80% of each upper story must meet the required minimum upper story height provisions.
   4. As a primary or accessory use, levels of a parking structure with both a ceiling and a floor shall be included when calculating the maximum number of stories.
   5. For buildings using the Multiple Module Height Method of Sec. 1.5.7.A.2.b, a higher or lower floor may be designated as the ground story for different portions of a building façade.
       
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4.  Height Encroachments
   Any height encroachment not specifically listed is expressly prohibited except where the Planning Director determines that the encroachment is similar to a permitted encroachment listed below.
   1.  The maximum height limits of the district do not apply to spires, belfries, cupolas, domes, bell towers, monuments, water tanks/towers or other similar structures not intended for human occupancy which, by design or function, must exceed the established height limits.
   2. The following accessory structures may exceed the established height limits, except when located within an -AOD, provided they do not exceed the maximum building height by more than 12 feet:
      1. Chimney, flue or vent stack;
      2. Unenclosed deck, patio or shade structure;
      3. Rooftop garden, landscaping;
      4. Flagpole;
      5. Parapet wall;
      6. Rainwater collection or harvesting system, and
      7. Solar panels, wind turbines.
   3. The following accessory structures may exceed the established height limits, except when located within an -AOD, provided they do not exceed the maximum building height by more than 12 feet, do not occupy more than 25% of the roof area and are set back at least 10 feet from the edge of the roof:
      1. Amateur communications tower (see Sec. 6.7.3);
      2. Cooling tower;
      3. Elevator penthouse or bulkhead;
      4. Greenhouse;
      5. Mechanical equipment;
      6. Skylights;
      7. Elevator or stairway access to roof; and
      8. Tank designed to hold liquids, except as otherwise permitted.
   4. An accessory structure located on the roof must not be used for any purpose other than a use incidental to the principal use of the building except for telecommunication facilities.

1. Intent
   1. The street-facing entrance regulations are intended to concentrate pedestrian activity along the street edge and provide an easily identifiable and conveniently-located entrance for residents, visitors and patrons accessing a building as pedestrians from the street.
   2. Access points should be located or identified in a manner visible to the pedestrian from the street and be accessible via a direct path.
2. General Requirements
   1. An entrance installed after September 1, 2013 providing both ingress and egress, operable to residents or customers at all times, is required to meet the street facing entrance requirements. Additional entrances from another street, pedestrian area or internal parking area are permitted.
   2. At least one entrance per non-residential ground floor unit is required on each public street facing façade in all urban frontages.
   3. An angled entrance may be provided at the corner of a building along the street to meet the street-facing entrance requirements.
3. Design Alternate Findings
   1. 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 allow a non-street-facing entrance, if all of the following findings are satisfied:
   2. The approved alternate is consistent with the intent of the street-facing entrance regulations;
   3. The pedestrian access point is easily identifiable by pedestrians, customers and visitors;
   4. Recessed or projecting entries or building elements have been incorporated into the design of the building to enhance visibility of the street-facing entrance; and
   5. The pedestrian route from the street and bus stops and other modes of public transportation to the entrance is safe, convenient and direct.

1. Intent
   The transparency requirements are intended to lend visual interest to streetfacing building facades for both pedestrians and building occupants and minimize blank wall areas. This is not applicable to residential uses.
2. General Requirement
   1. The minimum percentage of windows and doors that must cover a ground story facade is measured between 0 and 12 feet above the surface of the finished ground floor for all above-grade portions of the facade. A minimum of 50% of the required transparency must be located between 3 and 8 feet from the surface of the finished ground floor.
   2. The minimum percentage of windows and doors that must cover an upper story facade is measured from top of the finished floor to the top of the finished floor above. When there is no floor above, upper story transparency is measured from the top of the finished floor to the top of the wall plate.
   3. In a mixed use building, or general building where an Urban Frontage is applied, a minimum of 60% of the street-facing, street-level window pane surface area must allow views into the ground story use for a depth of at least 8 feet. Windows shall not be made opaque by non-operable window treatments (except curtains, blinds or shades within the conditioned space).
   4. Glass shall be considered transparent where it has a transparency higher than 80% and external reflectance of less than 15%. Glass on upper stories may have any level of transparency and external reflectance.
       
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3. 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 reduce the required transparency, if all of the following findings are satisfied:

1. The approved alternate is consistent with the intent of the transparency
   requirements; and
2. The street-facing building facade utilizes other architectural, artistic, or
   landscaped treatments to create visual interest to offset the reduction in
   transparency.

1. Defined
   1. Blank wall area means any portion of the street-facing facade(s) of the building that does not include a substantial material change; windows or doors; or columns, pilasters or other articulation greater than 12 inches in depth.
   2. Substantial material change means a change between materials such as wood, metal, glass, brick, architectural block, stone or stucco. Substantial material change should occur at an inside corner, where feasible. Paint color is not a substantial material change.
2. Intent
   1. The blank wall area regulations are intended to prevent large, monotonous expanses of undifferentiated building mass.
   2. The level of architectural detail should be most intense at the street level, where it is within view of the pedestrians on the sidewalk.
3. General Requirements
   1. Blank wall area applies in both a vertical and horizontal direction.
   2. Blank wall area applies to both ground and upper stories.
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4. Design Alternate Findings
   The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), after conducting a duly noticed quasi-judicial evidentiary hearing in accordance with Sec. 10.2.17., shall approve additional blank wall, if all of the following findings are satisfied:
   1. The approved alternate is consistent with the intent of the blank wall area regulations;
   2. The increase in blank wall area is offset by additional architectural treatments and increased vertical landscaping;
   3. The approved alternate proposes a design compatible with adjacent context and does not produce adverse outcomes for neighbors or pedestrians.
   4. The approved alternate uses blank wall to elevate the overall design.

1. Intent
   1. The intent of the residential garage options is to minimize the visual impact of street-facing garage doors.
   2. Where garage doors can be seen from the street, measures should be taken to reduce the visual impact of the doors.
   3. Measures include garage doors set back from the front wall plane, architectural treatments, translucent garage doors, single doors, projecting elements over the garage doors (such as bay windows) and limits on the total number of doors that face the street.
   4. Where garage doors are located perpendicular to the street, measures should be taken to reduce the visual impact of the side wall that faces the street. Measures include architectural treatments, changes in material, landscaping, vegetation or the installation of windows.
2. Applicability
   1. Any private residential garage located in a National Register Historic District, but not in a General Historic Overlay District, Streetside Historic Overlay District or a City of Raleigh designated Historic Landmark, constructed after September 1, 2013, must meet the standards of this section.
   2. In addition to the standards provided in this section, attached and detached garages must meet all applicable requirements for either principal buildings or accessory structures as set forth in this UDO.
   3. Any garage constructed prior to September 1, 2013 that does not comply with these private residential garage parking options is not considered non-conforming. If a pre-existing garage is voluntarily demolished, any new garage must be constructed in compliance with these regulations. If a preexisting garage that does not meet these regulations is destroyed following a casualty, the garage may be reconstructed to its previous state.
3. Design Alternate Findings
   The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), after conducting a duly noticed quasi-judicial evidentiary hearing in accordance with Sec. 10.2.17., shall approve an alternate garage option, if all of the following findings are satisfied:
   1. The approved alternate is consistent with the intent of the garage option regulations;
   2. Measures are taken to mitigate the visual impact of the garage design; and
   3. The required garage setbacks are met
4. Detached House and Attached House
   On lots of less than 1 acre, garage placement must match one of the following standards.
   1. Front-facing, Attached to House
      1. Garage doors are oriented towards the front wall plane.
      2. For garage doors positioned 6 feet or less behind the front wall plane of habitable space, garage doors may not comprise more than 50% of the overall width of the front-facing wall planes of the house.
      3. For garage doors positioned more than 6 feet behind the front wall plane of habitable space, garage doors may not comprise more than 66% of the overall width of the front-facing wall planes of the house.
   2. Side-facing, Attached to House
      1. Garage doors are oriented perpendicular to the front wall plane.
      2. The garage may not comprise more than 66% of the overall width of all front-facing wall planes of the house.
   3. Detached
      Garage is placed no closer to the primary street or the side street than the principal structure's closest wall plane to the street.
   4. Alley-Loaded
      1. Garage is placed entirely to the rear of the house and is alley-accessed.
      2. Garage doors must face the alley.
      3. The garage must either be located 4 feet from the alley right-of-way or be a minimum of 20 feet from the alley right-of-way.
      4. Where parking spaces are located between the garage and the alley, the garage must be located at least 20 feet from the alley right-of-way.
          
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5. Townhouse
   1. Rear-Loaded
      1. Garage is placed entirely to the rear of the townhouse and is rearaccessed. Garage can be attached or detached.
      2. The garage must either be located 4 feet from the alley right-of-way or easement or rear access drive or be a minimum of 20 feet from the alley right-of-way or easement or rear access drive.
      3. Where parking spaces are located between the garage and the alley or rear access drive, the garage must be located at least 20 feet from the alley or rear access drive.
   2. Front-Loaded
      1. Garage doors may constitute no more than 50% of the width of the individual townhouse unit.
      2. Combined parking and driveway area shall not constitute more than 50% of the area between the front building facade and the front property line.
      3. Any parking in the front setback must have sufficient depth so that parked cars do not encroach on the adjacent sidewalk. To provide sufficient depth, the garage doors must be set back at least 20 feet from the sidewalk.
      4. Garage doors must be recessed at least 1 foot behind the front wall plane or a second-story element over the garage doors must be provided that extends at least 1 foot beyond the front wall plane.
         
          
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1. General Purpose
   1. The intent of the Residential Districts is to protect established residential neighborhoods as well as promote planned and efficient future residential developments.
   2. The building type design and dimensional standards and allowed uses work together to promote desirable residential neighborhoods.
   3. The district provisions discourage any use that would substantially interfere with the residential nature of the district. Compatible park, open space, utility and civic uses are permitted in Residential Districts.
2. Residential-1 (R-1)
   1. Subject to the density restriction of 1 unit per acre, R-1 allows single-unit living in a detached house, or tiny house, and two-unit living in a tiny house with a minimum lot size of 40,000 square feet.
   2. Smaller minimum lot sizes are permitted as part of a compact development.
   3. Additional building types, smaller lot sizes and increased density as part of a conservation development are allowed in exchange for preserving common open space.
3. Residential-2 (R-2)
   1. R-2 allows single-unit living in a detached house, or tiny house, and two-unit living in an attached house or tiny house with a minimum lot size of 20,000 square feet.
   2. Decreased minimum lot sizes are permitted as part of a compact development.
   3. Additional building types and smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
4. Residential-4 (R-4)
   1. R-4 allows single-unit living in a detached house, or tiny house, and two-unit living in an attached house or tiny house with a minimum lot size of 10,000 square feet.
   2. Decreased minimum lot sizes and additional building types are permitted as part of a compact development.
   3. Additional building types and smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
   4. Dimensional standards, maximum density, allowed building types, and allowed uses may be modified  for the R-4 district within the TOD overlay or Frequent Transit Areas identified in the City’s  Comprehensive Plan to enable transit oriented development.
5. Residential-6 (R-6)
   1. R-6 allows single-unit living in a detached house, or tiny house and two-unit living in an attached house or townhouse or tiny house with a minimum lot size of 6,000 square feet. Multi-unit living is also allowed in a townhouse.
   2. Smaller minimum lot sizes are permitted as part of a compact development.
   3. Additional building types, and smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
   4. Dimensional standards, maximum density, allowed building types, and allowed uses may be modified for the R-6 district within the TOD overlay or Frequent Transit Areas identified in the City’s Comprehensive Plan to enable transit oriented development.
6. Residential-10 (R-10)
   1. R-10 allows single-unit living in a detached house, or tiny house, and two- unit living in an attached house or townhouse or tiny house with a minimum lot size of 4,000 square feet. Multi-unit living is also allowed in a townhouse or apartment. Smaller minimum lot sizes are permitted as part of a compact development.
   2. Smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
   3. Smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
   4. Dimensional standards, maximum density, and allowed uses may be modified for the R- 10 district within the TOD overlay to enable transit oriented development.
   5.  R-10 allows single-unit living in a detached house, or tiny house and two-unit living in an attached house or tiny house with a minimum lot size of 4,000 square feet. Multi-unit living is also allowed in a townhouse.
   6. Smaller minimum lot sizes are permitted as part of a compact development.
   7. Additional building types, and smaller lot sizes as part of a conservation development or cottage court are allowed in exchange for preserving common open space.
   8. Dimensional standards, maximum density, allowed building types, and allowed uses may be modified for the R-6 district within the TOD overlay or Frequent Transit Areas identified in the City’s Comprehensive Plan to enable transit oriented development.

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

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

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

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

1. Intent
   The intent of the residential infill compatibility standards is to accommodate and encourage compatible development in existing residential neighborhoods, while reinforcing the established character of the neighborhood and mitigating adverse impacts on adjacent homes.
2. Applicability
   1. The standards contained within this section apply to any building in an R-4, R-6 or R-10 district where all of the following are present:
      1. The total site area is 5-acres or less;
      2. The subject lot's primary street frontage is on a street section that was platted for at least 20 years including subsequent right-of-way dedications;
      3. If a comparative sample can be defined and at least four of the principal buildings, or three for a corner lot, contained in the comparative sample have primary street frontage on a street section that has been platted for at least 20 years including subsequent right-of-way dedications. The comparative sample is derived by the four closest principal buildings, or three for a corner lot, along the same block face of the street within 300 feet of and oriented toward the same street as the subject lot. The sample need not be equally distributed on either side of the subject lot. When a comparative sample of four principal buildings, or three for a corner lot, cannot be derived, then the minimum setback of the underlying zoning district applies.
         1. These rules do not apply to lots where more than 50% of the primary street property line abuts a cul-de-sac bulb and these lots shall not count as part of a comparative sample for other lots.
         2. Where an addition is proposed to a detached or attached house, the existing principal building on the lot shall be considered an addition to the comparative sample.
         3. Where an official survey demonstrates the location of a detached or attached house, and that structure has been in that location within the last 365 days, the proposed principal building may be located within 10% of the same primary street setback as the existing detached or attached dwelling or as prescribed by the rules in Sec. 2.2.7.C., below, whichever the applicant chooses.
         4. Where a demolition permit for a principal building has been obtained on a lot, that lot shall be considered vacant for the purposes of determining a comparative sample. Where a building permit has been obtained for a principal building on a lot, the building shall be considered for the purposes of determining a comparative sample.
   2. When a lot is subject to the residential infill compatibility standards and the lot is located within a Neighborhood Conservation Overlay District that regulates any component herein, the Neighborhood Conservation Overlay District regulation shall apply for that specific component.
   3. These infill compatibility rules do not apply in the Transit Overlay District, Historic Districts, Street Side Historic Overlay Districts, or to Historic landmarks.
3. Street Setback (Minimum and Maximum)
   The primary street setback for principal buildings shall be determined by the comparative sample context of the block face as outlined in the following subsections:
   1. The proposed building must be located within either of the following ranges:
      1. No closer than the smallest primary street setback, and no further that the largest primary street setback in the comparative sample as set forth in Sec. 2.2.7.B.1.c. above; or
      2. As determined by the table below based on the subject lot's width and the median of setbacks within the comparative sample as set forth in Sec. 2.2.7.B.1.c. above.
          

         Subject Lot Width	Modification to Median
         50 feet or less	Within 10% of median
         More than 50 feet up to 65 feet	Within 15% of median
         More than 65 feet up to 80 feet	Within 20% of median
         More than 80 feet	Within 25% of median

          
   2.  Comparative sample setbacks are measured from the outer wall of preexisting principal buildings within the comparative sample and do not include the building feature encroachments authorized by Sec. 1.5.4.D.
   3. When differences in right-of-way widths exist between the subject property and comparative sample properties, the comparative primary street setbacks shall be measured and applied from the centerline of the primary street rather than the property line along the primary street.
   4. The setback range may be adjusted pursuant to Section 1.5.6.C.3.
4. Height
   1. Side Wall Plane Height and Setback
      The maximum allowed wall plane height adjacent to the side property line is 25 feet or the average height of the 2 abutting neighboring wall planes whichever is greater. The wall plane height may be increased 1 foot for each foot of horizontal distance the wall is moved from the side setback line, not to exceed the maximum height allowed within the district. When a side wall incorporates a recession or projection of 2 feet or more, multiple side wall plane heights shall apply. Each side wall plane's height is determined by averaging the four points consisting of the highest and lowest elevations of each of pre-development and post-development grades along that side wall of the building. In the event the average post-development grade along the side wall of the building is lower than the average pre-development grade along that wall, then side wall plane height shall be measured from the average post development grade.
   2. Exceptions to Setback Plane
      1. Side-Gabled Roof
         A side-gabled roof structure may extend above the side setback plane on each side of the building, for a total length of not more than 30 feet (A) on each side, measured from the front wall plane.
      2. Dormers
         Dormers may also extend above the side setback plane on each side of the building for a total length of not more than 15 feet (B) on each side, measured along the intersection with the setback plane.
          
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5. Side Wall Length
   Articulation is required for side walls on additions or new construction that are 22 feet or taller and located within 15 feet of the side lot line. No wall may extend for more than 50 feet without a projection or recession of at least 4 feet in depth and 10 feet in length.
    
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6. Driveway and Parking Setbacks
   Driveways and parking spaces must be located a minimum of 2.5 feet from the side and rear lot lines. However, a driveway may be located on the lot line closer than 2.5 feet if it is shared with an adjacent lot or when a no-build easement is secured and recorded on the adjacent lot that guarantees a minimum separation of 5 feet from the encroaching driveway and any impervious surfaces or structures on the adjacent lot. Fences and walls on either lot require a 2.5 feet separation from the encroaching driveway. All driveways and parking areas existing prior to January 1, 2019 shall not be deemed nonconforming solely because of this regulation or a parking setback specified in Chapter 2.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Required open space cannot be used for the following:

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

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

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1. Description
   A cottage court is a group of small detached houses, attached houses, townhouses (two-unit maximum per building), or tiny houses sharing a common courtyard. The courtyard enhances the character of the area through the provision of consolidated open space. A cottage court may be developed on individual lots or with a common form of ownership.
2. Districts Allowed In
   R-2, R-4, R-6, R-10
3. Building Types Allowed
   Detached house, attached house, townhouse (two-unit maximum per
   building), tiny house
4. Site and Lot Dimensions

   		R-2	R-4	R-6	R-10
   D1	Net site area (min)	53,200 sf	26,600 sf	16,000 sf	13,000 sf
   D2	Site Width (min)	140'	140'	120'	90'
   D3	Site Depth (min)	120'	120'	100'	90'
   D4	Site area per non-Tiny House dwelling unit over four (min)	13,300 sf	6,650 sf	4,000 sf	2,650 sf
   D5	Site area per Tiny House dwelling unit over four (min)	10,000 sf	5,000 sf	3,000 sf	2,000 sf
   D6	Dwelling units per site (max)	30	30	30	30
   D7	Dwelling unit gross floor area (max)1	1,800 sf	1,800 sf	1,800 sf	1,800 sf
   D8	Detached accessory structure footprint (max)2	450 sf	450 sf	450 sf	450 sf
   D9	Individual lot area (min)	No min.	No min.	No min.	No min.
   1 A Tiny House may be no larger than 800 sf in building footprint and no more than 1200 sf in gross floor area.
   2 A detached accessory structure must be less than the gross floor area of the principal dwelling.

5. Internal Courtyard
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   		R-2	R-4	R-6	R-10
   E1	Area (min)	4,000 sf	3,250 sf	2,600 sf	2,100 sf
   E2	Width as measured parallel to primary street for first 15' of site depth (min)1	60'	50'	40'	30'
   E3	Courtyard area per non-Tiny House unit over four (min)	1,000 sf	850 sf	700 sf	550 sf
   E4	Courtyard area per Tiny House unit over four (min)	750 sf	425 sf	350 sf	225 sf
   E5	Setback from primary street (max)	0'	0'	0'	0'
   1 No portion of the minimum internal courtyard area (E1) may be less than 20 feet in width and length.

6. Principal Building/Structure Setbacks (Site)
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   		R-2	R-4	R-6	R-10
   F1	From primary street (min)	20'	20'	10'	10'
   F2	From side street (min)	15'	15'	10'	10'
   F3	From side site line (min)	10'	10'	10'	10'
   F4	From rear site line (min)	20'	20'	20'	20'
   F5	From alley (min)	5'	5'	5'	5'
   F6	Building separation (min)	6'	6'	6'	6'
   F7	From internal cottage court lot line (min)	3'	3'	3'	3'
   F8	From shared internal townhouse lot (min)	0'	0'	0'	0'
   Residential infill rules (Sec. 2.2.7) do not apply

7. Surface Parking Setbacks

   		R-2	R-4	R-6	R-10
   G1	From primary street if not screened from primary street by C3 yard or principal structure (min)	90'	90'	90'	90'
   G2	From primary street if screened from primary street by C3 yard or principal structure (min)	50'	50'	50'	50'
   G3	From side street (min)	10'	10'	10'	10'
   G4	From side lot line (min)	5'	5'	5'	5'
   G5	From rear lot line (min)	5'	5'	5'	5'
   G6	From alley (min)	0'	0'	0'	0'
   Parking setbacks shall not apply to driveways serving individual dwelling units or shared between two dwelling units.

8. Height

   		R-2	R-4	R-6	R-10
   H1	Non-Tiny House building height (max)	30'	30'	30'	30'
   H2	Tiny House building height (max)	26'	26'	26'	26'
   Residential Infill rules (Sec. 2.2.7) do not apply.

9. Courtyard Requirements and Restrictions
   1. At least 60% of the courtyard must be one contiguous open space.
   2. Courtyard may not be parked or driven upon.
   3. One common building (detached house building type) not to exceed 3,000 square feet in gross floor area may be permitted in the courtyard under the following conditions:
      1. The common building may not be used as a dwelling.
      2. Uses within the common building must be accessory to the cottage court development.
      3. The common building shall not count towards the maximum number of dwelling units per site (Sec. 2.6.1.D.6.)
      4. Notwithstanding the forgoing, the common building must comply with all other requirements of Section 2.6.1.
   4. Inclusive of the common building, up to 20% of the minimum internal courtyard area (Sec. 2.6.1.E.1.) may be covered, however only 10% of the minimum internal courtyard area (Sec. 2.6.1.E.1.) may be enclosed.
   5. Stormwater detention wet ponds and dry ponds shall not count towards the minimum internal courtyard area (Sec. 2.6.1.E.1.) Green Stormwater Infrastructure (GSI) practices may be used to meet up to 50% of the minimum internal courtyard area (Sec. 2.6.1.E.1.)
   6. Tree Conservation Areas shall not be included as part of the minimum internal courtyard area (Sec. 2.6.1.E.1.)
   7. Retaining walls within the courtyard may be no taller than 4’ in height. Retaining walls that are 2’ or less in height may be spaced as close as 10’ apart. All other retaining walls must be spaced a minimum of 20’ apart.
   8. Pedestrian Access meeting the requirements of Section 8.3.5. shall be provided from each dwelling unit to the courtyard and any other common areas.
10. Additional Requirements for Manufactured Homes to Qualify as Tiny Houses
    A Tiny House may be a Manufactured Home as defined Article 12.2. if it meets all of the following:
    1. The predominant roofline shall have a pitch of 5:12 or greater.
    2. The eave projections of the roof must not be less than ten inches (excluding roof gutters) unless the roof pitch is 8:12 or greater.
    3. The minimum height of the first-story exterior wall must be at least seven feet, six inches.
    4. Materials used as exterior wall covering shall be of a non-reflective material.
    5. Foundation skirting shall comply with the requirements set forth in Section 4.5.3.D.

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

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

1. Purpose and Objectives
   The Accessory Dwelling housing pattern provides for the development of an accessory dwelling unit or units on a lot with an existing Detached House or Tiny House as an accessory use to a principal use of Single-unit Living, or on a lot with an existing Attached House, Townhouse or Tiny House as an accessory use to a principal use of Two-unit Living, or on a lot developed with an existing Townhouse as an accessory use to a principal use of Multi-unit Living.
2. Base Standards Apply
   Except as specifically set forth in this section, the allowed uses, the dimensional requirements, height limits and general development standards of the underlying zoning district apply.
3. Definition
   An Accessory Dwelling Unit (ADU) is a self-contained dwelling unit that is located on the same lot as a principal dwelling that meets the regulations identified in Section 2.6.3.D. An Accessory Dwelling Unit may be located above a garage. Accessory Dwelling Units may be detached, attached, or internal to the principal dwelling. Only residential uses are permitted in Accessory Dwelling Units with the exception that a Live-Work use, as defined in Sec. 6.7.3.E., may be allowed in an ADU so long as that is the only Live-Work use present on the lot. The Live-Work use must meet the definition of an accessory use to the principal residential use on the lot as described in Sec. 6.7.1.
4. Accessory Dwelling Unit Regulations
   In accordance with this section, an accessory dwelling unit shall conform with the following development regulations:
   1. An ADU shall be located on the same lot as a principal dwelling and meet both of the following:
      1. The gross floor area of the accessory dwelling shall be less than the gross floor area of the total principal dwelling; and
      2. Shall be affixed to or constructed on a permanent foundation and not be a manufactured home or moveable structure except as specified in Sec. 2.6.3.D.6. below.
   2. There shall be no more than one ADU on the same lot as a principal dwelling unless it is located in a Frequent Transit Area as shown on the City’s Comprehensive Plan which would then allow for up to two ADUs on the same lot as a principal dwelling. However, in the Frequent Transit Area, only one ADU can be attached to the principal dwelling. In the case of a townhouse development only one ADU is permitted per townhouse lot whether within a Frequent Transit Area or not;
   3. It shall be accessed by a lockable external entrance;
   4. Ownership of an ADU shall not be transferred apart from its principal dwelling unit;
   5. It shall meet all relevant standards and requirements of the UDO, provided however accessory dwelling units shall not be subject to Sections 6.7.1. and 6.7.2. with the exception of 6.7.2.B.
   6. An Accessory Dwelling Unit may be a Manufactured Home as defined in Article 12.2 if it meets all of the following:
      1. The predominant roofline shall have a pitch of 5:12 or greater.
      2. The eave projections of the roof must not be less than ten inches (excluding roof gutters) unless the roof pitch is 8:12 or greater.
      3. The minimum height of the first-story exterior wall must be at least seven feet, six inches.
      4. Materials used as exterior wall covering shall be of a non-reflective material.
      5. Foundation skirting shall comply with the requirements set forth in Section 4.5.3.D.
      6. The Manufactured Home is no greater than 600 square feet in gross floor area.
   7. Unless attached thereto by a common wall, an ADU must be separated by at least 6’ from any other building on the lot.
   8. All ADU entrances must be externally accessible by pedestrians from either the driveway, street and/or alley from which the lot takes access.
   9. ADUs are not permitted on Flag Lots.
   10. Encroachments into setbacks are permitted pursuant to Section 1.5.4.D.
   11. Vertical encroachments are permitted pursuant to Sections 1.5.7.D.2. and 1.5.7.D.3.g.
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5. Description An Accessory Dwelling Unit (ADU) is a self-contained dwelling unit that is located on the same lot as a principal dwelling that meets the regulations identified in Section 2.6.3.D. An ADU may be located above a garage. ADUs may be detached, attached, or internal to the principal dwelling. Only residential uses are permitted in ADUs.
6. Districts Allowed In
   R-1, R-2, R-4, R-6, R-10
7. Building Specifications

   Lot Area		Greater than 40,000 sf	10,000 sf to 40,000 sf	Less than 10,000 sf
   G1	Gross Floor Area (max)1	1,000 sf	800 sf	800 sf

8. Detached ADU Setbacks

   Lot Area		Greater than 40,000 sf	10,000 sf to 40,000 sf	Less than 10,000 sf
   H1	From primary street (min)	Must be located at or behind the front wall of the house.
   H2	From side street (min)	20'	20'	10'
   H3	From side lot line (min)2	10'	5'	5'
   H4	From rear lot line (min)3	10'	5'	5'
   H5	From alley (min)	4' without parking / 20' with parking	4' without parking / 20' with parking	4' without parking / 20' with parking

9. Height

   Lot Area		Greater than 40,000 sf	10,000 sf to 40,000 sf	Less than 10,000 sf
   I1	Overall height (max)	26'	26'	26'
   1Gross floor area shall include all conditioned space. Attached unconditioned space shall be included in the calculation of accessory structure floor area. 2For townhouse lots, H3 shall only apply to the side site boundary. 3For townhouse lots, H4 shall only apply to the rear site boundary.

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

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See Sec. 1.5.4.D “Building Setbacks” for specific building elements requirements.
ⁱ A townhouse development containing only two dwelling units shall be regulated by the standards of Sec. 3.2.2., Attached House, however: (a) a minimum site area per unit of one-half the area required by Sec. 3.2.2.A1. is required; (b) Sec. 3.2.3.B. shall still control provided a minimum site width equal to the dimensions specified by Sec. 3.2.2.A2. is met; and (c) Sec. 3.2.2.B3. shall only apply to the non-party wall side lot line.
ⁱⁱ A permanently recorded open lot or common area lot of at least 20 feet in width may be used to satisfy Sec. 3.2.3.C4.
ⁱⁱⁱ Garages (or a portion thereof) must either be located 4 feet from the travel lane of an alley or rear access drive or be a minimum of 20 feet from the alley or rear access drive. Where parking spaces are located between the garage and the alley or rear access drive, the garage must be located at least 20 feet from the travel lane of an alley or rear access drive.
^iv Parking setbacks shall not apply to driveways serving individual dwelling units or shared between two dwelling units.