Item 13-C Dimensional Requirements (TC)
LAND DEVELOPMENT ORDINANCE - TEXT AMENDMENTS – Round 13
Item # 13C DIMENSIONAL REQUIREMENTS – BUILDING SEPARATION
Town Council Meeting – January 14, 2010
BACKGROUND
The North Carolina Building Code requires a minimum building separation of six (6) feet unless firewalls are provided. The proposed amendment would clarify that even where zero-lot line development is allowed, setbacks of three feet must be provided where needed to comply with the Building Code. In addition, some text has been modified to achieve greater clarity and avoid duplication.
PROCESS AND ACTIONS TO DATE
Town Council Public Hearing
The Town Council public hearing was held on October 22, 2009. There were no comments or
discussion at the public hearing on this item.
Planning and Zoning Board Work Session
There were some questions and discussion regarding applicability to decks. Staff pointed out that decks were considered accessory structures and must comply with the building code.
Changes Since Planning and Zoning Board Work Session
Portions of the proposed text relating to Tables 6.1-1 and 6.1-3 were further modified for consistency and clarity.
Staff Recommendation
Staff recommends approval of the proposed amendment.
Planning and Zoning Board Meeting and Recommendation
On December 21, 2009, the Planning and Zoning Board recommended approval by a vote of 7-0.
PROPOSED TEXT AMENDMENT
SECTION 6.1 TABLES OF DIMENSIONAL STANDARDS
6.1.1 Residential Districts (not including TC District)
(A) Table of Density and Dimensional Standards
TABLE 6.1-1: TABLE OF DENSITY AND DIMENSIONAL STANDARDS
(B) Additional Regulations
(1) TR and RMF Districts: Roadway Setback Requirement for All Other Streets
From all other streets, the roadway setback between the front of the dwelling and the roadway shall be no less than eighteen (18) feet when parking is provided between the dwelling and the roadway, or ten (10) feet when parking is not provided between the dwelling and the roadway.
When parking is provided between the dwelling and the roadway the eighteen (18) feet will be measured from the inside edge of the sidewalk or back of curb if no sidewalk is required.
(2) TR District: Roadway and Rear Setbacks for Detached Dwellings and Patio Homes
On thoroughfare, collector, or other streets, the width of the roadway and rear setbacks combined shall equal at least forty (40) feet and any individual setback shall be at least three (3) feet.
(3) TR and RMF Districts: Roadway Setbacks for Duplexes, Subdivided Attached, Semi-Attached, and Townhouse Units and Multi-Family Structures
The width of the roadway or front and rear setbacks combined shall equal at least twenty (20) and any individual rear setback shall be at least three (3) feet.
(4) Firewall Requirements for Individual Dwelling Units
Firewalls must be provided in accordance with all applicable building code standards when exterior walls of individual dwelling units on individual parcels are placed within six (6) feet of one another. A building setback of less than three feet may be permitted where firewalls are provided in accordance with all applicable building code standards requirements and where it is permitted by the zoning district.
6.1.2 Non-Residential Districts (not including TC District and CT District)
(Standards related to CT district have been moved to Section 6.1.4. Remaining standards have been reformatted with no change in content and are found in new Table 6.1-2 below).
All uses and structures in the non-residential districts shall comply with the following standards:
(A) Minimum Lot Size
There are no minimum lot size requirements for most non-residential districts.
(B) Minimum Building Setbacks for Non-Residential Uses
Minimum building setbacks for non-residential uses are listed below. Streetscape and buffer width standards may require greater setbacks than the minimums listed here.
(1) The minimum setback from roadways is thirty (30) feet. However, uses within the OI district may locate within fifteen (15) feet of private streets. Uses within the CT district shall provide a fifteen (15) foot streetscape buffer.
(2) There are no minimum side and rear setbacks for non-residential uses in most non-residential districts. However, in the CT district all uses shall be setback ten (10) feet from any non-residential property and twenty-five (25) feet from any residentially zoned property.
(C) Maximum Height
(1) If structure is within one hundred (100) feet of residential zoning district boundary: thirty-five (35) feet.
(2) If structure is more than one hundred (100) feet from residential zoning district boundary: fifty (50) feet.
(D) General Increases to Maximum Building Height
The maximum height limits set forth above may be increased by one (1) foot for every additional foot provided between the building footprint and the minimum required setbacks determined in accordance with this Ordinance.
|
(NEW) TABLE 6.1-2 TABLE OF DENSITY AND DIMENSIONAL STANDARDS | ||
|
| ||
|
Minimum Lot Size |
None | |
|
Minimum Setback from Street Right-of Way (feet) |
30 | |
|
Minimum Setback from Private Street in OI District (feet) |
15 | |
|
Minimum Side Yard Setback |
None | |
|
Minimum Rear Yard Setback |
None | |
|
Maximum Building Height |
Within 100 feet of residential zoning district |
35 feet |
|
More than 100 feet from residential zoning district |
50 feet | |
|
General Increases to Maximum Building Height |
The maximum height limits set forth above may be increased by one (1) foot for every additional foot provided between the building footprint and the minimum required setbacks | |
6.1.3 Town Center District
(A) Table of density and Dimensional Standards
The density and dimensional requirements for the Town Center district are set forth in the following table. Additional regulations, referenced in italicized brackets, are set forth immediately following the table.
(B) Additional Regulations
(1) Firewall Requirements for Individual Dwelling Units
A building setback of less than three feet may be permitted where firewalls are provided in accordance with all applicable building code standards and where it is permitted by the zoning district.
6.1.4 Corridor Transition District
TABLE 6.1.4 TABLE OF DENSITY AND DIMENSIONAL STANDARDS -
6.3.2 General Setback Requirements
TABLE 6.3-1: ENCROACHMENTS PERMITTED INTO REQUIRED SETBACKS
3.14 Review and Approval Procedures – Building Permits
3.14.2 Application Requirements
(D) For all residential detached dwellings and related accessory buildings with a permanent foundation to be located within five (5) feet of a required setback line or easement, a sealed as-built foundation survey and a written statement from the surveyor, builder, owner or architect identifying the distance which sills, cornices, eaves or other architectural or ornamental features will extend beyond the exterior walls, must be submitted to the Inspections and Permits Department at the time of foundation inspection. For all buildings without a permanent foundation to be located within five (5) feet of a required setback line or easement, a sealed as-built foundation survey and a written statement from the surveyor, builder, owner or architect identifying the distance which sills, cornices, eaves or other architectural or ornamental features will extend beyond the exterior walls, must be submitted to the Inspections and Permits Department prior to the scheduling of the rough-in inspection. The survey shall be prepared by a registered land surveyor in the State of North Carolina and shall illustrate to location of all existing and proposed structures and improvements, as well as all property lines, building setback lines, buffers and easements. The requirements for a survey shall not apply to the following:
(1) Any structures which do not require a building permit; or
(2) Where there is an existing structure and an accurate survey already available such that the Permits and Inspections Department can determine the field location of existing and proposed structures without requiring a new survey.
4.2.3 PDD: PLANNED DEVELOPMENT DISTRICTS
(D) General Use and Development Standards for All PDD Districts
(3) Applicable Standards
(b) Notwithstanding paragraph (a) above, in no case shall the decision-making body waive or modify the following standards for a proposed PDD zoning district:
1. Zones 1, 2, and 3 of stream buffers;
2. Design guidelines;
3.. Adequate public facility ordinance requirements;
4. Ownership requirements for any open space, buffers, or streetscapes unless otherwise permitted within this Ordinance;
5. Preservation of existing vegetation in streetscapes, floodplains, and/or buffers;
6. Street connectivity requirements;
7. Sidewalk and greenway requirements;
8. Mixed Use Center requirements (if applicable);
9. Stormwater control requirements; , and
10. Nitrogen reduction requirements, and
11. Setback reduction below the minimum required by section (c) below.
(c) There shall be no minimum dimensional standards for planned developments, provided that dimensional standards are stated in the master land use plan and/or the associated site plan, with the following exception:
1. A building setback of less than three feet is permitted only where firewalls are provided in accordance with all applicable building code requirements.
