ARTICLE 6:  ZONING
Section
6.1   General Provisions
6.2   Base Zoning Districts
6.3   Conditional Zoning Districts
6.4   Overlay Districts
6.5   Mixed-Use Zoning Districts
6.6   General lot requirements
6.7   Dimensional Standards
§ 6.1  GENERAL PROVISIONS.
   6.1.1   Zoning districts established. All property within the zoning jurisdiction of the town shall be divided into the Base, Conditional, and Overlay Zoning Districts as outlined in this article.
   6.1.2   Relationships between zoning districts.
   (A)   Generally. Lands within the town and its extraterritorial zoning jurisdiction (ETJ) may be classified into one or more of the following:
      (1)   A Base Zoning District as set forth in § 6.2;
      (2)   A Conditional Zoning District as set forth in § 6.3; and
      (3)   One or more of the Overlay Zoning Districts set forth in § 6.4.
   (B)   Conditional Zoning Districts. Where lands are classified in a Conditional Zoning District in accordance with division 3.2.3, Conditional Zoning District Classification, any conditions approved by the Town Council shall apply in addition to the regulations governing development in the corresponding Base Zoning District.
   (C)   Overlay Districts. Where lands are classified within an Overlay Zoning District in addition to a Base or Conditional Zoning District, the regulations governing development in the Overlay District shall apply in addition to the regulations governing development in the underlying zoning district.
   (D)   Conflict. In the event of an express conflict between the standards set forth for the districts established by this article, the more restrictive provision shall control, unless otherwise specified.
   6.1.3   Compliance with district standards. No land within the town or its extraterritorial jurisdiction (ETJ) shall be developed except in accordance with the standards set forth in this article, and all other applicable regulations contained in this ordinance.
§ 6.2  BASE ZONING DISTRICTS.
   6.2.1   Purpose and intent. The districts enumerated by this section are established to provide a comfortable, healthy, safe, and pleasant environment in which to live, work, or recreate. More specifically, they are intended to:
   (A)   Provide appropriately located lands for residential development that are consistent with the goals, objectives, and policies of the Land Use Plan;
   (B)   Provide appropriately located lands for the full range of nonresidential uses needed by the town’s residents, businesses, and workers, consistent with the goals, objectives, and policies of the Land Use Plan;
   (C)   Provide for residential housing choice and diversity with varying density together with accessory structures, and nonresidential services as may be compatible with such development;
   (D)   Create neighborhoods and preserve existing community character while accommodating new development consistent with the town’s goals and objectives;
   (E)   Minimize any negative impacts of nonresidential development on residential districts and uses; and
   (F)   Create suitable environments for various types of commercial uses, and protect them from the adverse effects of incompatible uses.
   6.2.2   Residential Zoning Districts.
   (A)   Rural Preservation District (RP). The Rural Preservation District (RP) is established to accommodate very low density single-family residential development and to promote the preservation of working farms and forests in environmentally sensitive areas and in areas that have limited or no public services available. To achieve this, the gross density for new residential development in the RP district is limited to one dwelling unit per two acres of land.
   (B)   Rural Residential District (RR). The Rural Residential District (RR) is established to accommodate low density single-family residential development and to promote the preservation of working farms and forests in rural areas which do not have access to public services. To achieve this, the gross density for new residential development in the RR District is limited to one dwelling unit per acre of land.
   (C)   Suburban Residential District (RS). The Suburban Residential District (RS) is established to accommodate low to moderate density single-family residential development, as well as complementary small-scale public and institutional uses which would not detract from the residential character of the district, in suburban areas of the town’s jurisdiction which have access to public services. The gross density of new residential development in this district is limited to three dwelling units per acre.
   (D)   Town Residential District (RT). The Town Residential District (RT) is established to accommodate moderate density single-family residential development, as well as complementary small-scale public and institutional uses which would not detract from the residential character of the district, in core residential areas of the town. The gross density of new residential development in this district is limited to three and one-half dwelling units per acre.
   (E)   Mixed Residential District (RMX). The Mixed Residential District (RMX) is established to accommodate moderate density single-family and duplex residential development, as well as complementary public and institutional uses which would not detract from the residential character of the district, in core areas of the town where development at this density is appropriate. The gross density of new residential development in this district is limited to four dwelling units per acre.
   (F)   Multi-Family Residential District (RMF). The Multi-Family Residential District (RMF) is established to accommodate higher density multi-family residential development in areas within the town’s jurisdiction where such residential density is appropriate and public services are available to serve the development. The gross density of new multi-family development within this district is limited to six dwelling units per acre; however, this may be increased to a maximum of 12 dwelling units per acre with the issuance of a special use permit.
   6.2.3   Nonresidential Districts.
   (A)   Office and Institutional District (OI). The Office and Institutional District (OI) is established to accommodate a wide range of low to moderate intensity professional, civic, educational, public, and governmental uses. Typically, this district will serve as a transitional district between lower intensity residential uses and higher intensity commercial uses.
   (B)   Neighborhood Business District (NB). The Neighborhood Business District (NB) is established to accommodate low to moderate intensity commercial establishments and professional offices which provide goods and services to residents of an adjacent, or nearby, residential neighborhood.
   (C)   Central Business District (CB). The Central Business District (CB) is established to accommodate moderate intensity commercial development in the core commercial area of the town.
   (D)   Highway Business District (HB). The Highway Business District is established to accommodate moderate to high intensity commercial development along major roadways serving the town.
   (E)   Light Industrial District (LI). The Light Industrial District (LI) is established to accommodate low to moderate intensity manufacturing, transportation, logistics, and wholesaling uses in areas of the town’s jurisdiction where such uses can be operated in a manner which does not infringe on the use or enjoyment of nearby residential or commercial areas. Uses in this district are limited to those which do not create any off-site environmental impacts or nuisances such as light, dust, odor, noise, or emit any airborne pollutants.
      (F)   Heavy Industrial District (HI). The Heavy Industrial District (HI) is established to accommodate moderate to high intensity manufacturing facilities and other complementary uses in areas of the town’s jurisdiction where the establishment of such uses engaged in higher intensity manufacturing processes would not cause detrimental effects to nearby residential or commercial areas.
§ 6.3  CONDITIONAL ZONING DISTRICTS.
   6.3.1   Purpose and intent. The Conditional Zoning District classification allows the Town Council to consider proposed uses and tailor the zoning to accommodate those uses while addressing anticipated problems that may arise from the establishment of the proposed uses. This section sets forth the types of Conditional Zoning Districts and explains their relationship to the Base Zoning Districts
   6.3.2   Designation. Conditional Zoning Districts shall be designated only in accordance with the procedures set forth in division 3.2.3, Conditional Zoning District Classification, and may not contain conditions which are less restrictive than this ordinance, other town requirements, or other applicable state or federal laws.
   6.3.3   Allowable uses. No use shall be permitted within a Conditional Zoning District except pursuant to the conditions imposed as part of the approval. The permitted uses shall be limited to those permitted in the corresponding Base Zoning District unless otherwise restricted in the conditions set forth in the approval of the Conditional Zoning District classification. Any use allowed in one Gateway District may be approved as a Conditional District in any other Gateway District.
   6.3.4   Applicable standards.
   (A)   Base Zoning District standards apply. All standards and requirements that apply to the corresponding Base Zoning District shall also apply to the Conditional Zoning District, except where allowed in division 6.3.6(B) and § 6.5.
   (B)   No less restrictive than base district. Conditions imposed on a Conditional Zoning District may be no less restrictive than the standards that apply to the corresponding Base Zoning District, except where allowed in division 6.3.6(B) and 6.5.
   (C)   Stricter standards adopted. Existing conditions or limitations associated with an approved Conditional Zoning District classification shall become null and void if future amendments to this ordinance require stricter standards than those imposed under the Conditional Zoning District classification.
   (D)   Application of conditions. In cases where the ability to implement an approved Conditional Zoning District condition is impossible or impractical (e.g., a condition requiring trees to be preserved when the trees have subsequently died due to natural causes), the Ordinance Administrator shall enforce the condition in a way that most closely meets the condition’s original intent.
   6.3.5   Parallel Conditional Districts established. Each Base Zoning District shall have a corresponding “parallel” Conditional Zoning District. Conditional Zoning District classifications shall be indicated on the Official Zoning Map by the suffix “CD” in front of the associated Base Zoning District.
   6.3.6   Planned Unit Development District (CD-PUD).
   (A)   General. The Planned Unit Development District (CD-PUD) is a special purpose Conditional Zoning District that is established in order to accommodate a diverse mix of residential and nonresidential uses and structures that function as a cohesive, integrated, and unified development. This district encourages innovative development patterns by allowing flexibility in permitted uses, design, and layout requirements in conjunction with a concept plan. This district may only be established through the process set forth in division 3.2.3, Conditional Zoning District Classification.
   (B)   Planned unit development standards.
      (1)   Minimum size. The minimum size for an application for Conditional Zoning District classification to a CD-PUD district is 25 acres.
      (2)   Permitted uses. Planned Unit Developments may contain any use allowed in the RP, RR, RS, RT, RMF, OI, NB, CB, CX, SI, NI, CW, and CE Districts except for agricultural uses.
      (3)   Preservation of environmentally sensitive areas. All areas of wetlands, steep slopes, floodways, and other environmentally sensitive areas must be preserved as open space.
      (4)   Density. The overall residential density of the PUD is established by the concept plan as part of the Conditional Zoning District classification. The density may be higher than the maximum allowed by the base district, but no more than 12 dwelling units per acre, and must follow the minimum lot size standard in division 6.3.6(B)(5).
      (5)   Minimum lot size. Minimum lot sizes in each area of the PUD are established by the concept plan as part of the Conditional Zoning District classification. Where a residential portion of a PUD abuts a platted or developed single-family residential subdivision, the minimum lot size shall not be less than one-half of the minimum lot size of the adjoining district. However, no residential lot shall be less than 6,000 square feet in gross area.
      (6)   Minimum interior setbacks. Setback requirements within the PUD are established by the concept plan as part of the Conditional Zoning District classification. While no minimum setback is required, if one is provided it must be at least five feet in width.
      (7)   Minimum street setbacks. Minimum street (front yard) setbacks within the PUD are established by the concept plan as part of the Conditional Zoning District classification.
      (8)   Maximum height. Within single-family residential portions of a PUD, the maximum height limit is 35 feet. In nonresidential or mixed-use portions of a PUD, the maximum height limit is determined by the concept plan.
      (9)   Open space and recreation facilities. A minimum of 20% of the gross area of the PUD must be dedicated to open space. No more than 50% of the dedicated open space may be used for active recreation purposes (i.e., soccer fields, tennis courts) and the like. At least 50% of the passive recreation/natural areas must be usable and accessible (i.e., not wetlands, steep slopes, or other marginal lands).
      (10)   Nonresidential areas. Nonresidential areas and adjacent residential areas must be arranged in such a manner that convenient pedestrian access is provided between and within those areas.
      (11)   Parking and loading. Off-street parking and loading areas must be provided in accordance with Article 13.
      (12)   Street design. Streets must be designed and located so that they are integrated into and provide continuation of the surrounding street network. A minimum street connectivity index score of 1.5, as outlined in division 14.3.4(B), shall be maintained throughout the development.
      (13)   Signs.
         (i)   A common signage plan must be included as part of the concept plan. This common signage plan shall specify the size, type, height, setback, location, design, illumination, and number of signs to be allowed in the PUD. All signs included in the common signage plan shall utilize the same coordinated colors, styles, and lettering schemes throughout the development.
         (ii)   Signs allowed in residential portions of the PUD may be no less restrictive than the standards set forth for signs in the RT District.
         (iii)   Signs allowed in nonresidential portions of the PUD may be no less restrictive than the standards set forth for signs in the CB District.
      (14)   Landscaping. Landscaping standards for the PUD are established by the concept plan as part of the Conditional Zoning District classification.
      (15)   Buffering. Buffering standards for the PUD are established by the concept plan as part of the Conditional Zoning District classification.
§ 6.4  OVERLAY DISTRICTS.
   6.4.1   Watershed Protection Overlay Districts. The following Watershed Protection Overlay Districts are established to comply with the rules set forth by the state’s Environmental Management Commission for the protection of those water supply watersheds which lie within the jurisdiction of the town. The specific regulations for these districts are set forth in Article 15, Watershed Protection.
   (A)   Watershed Protection Overlay District - Critical Area (WPO-CA). The Watershed Protection Overlay District - Critical Area (WPO-CA) establishes regulations for protecting those portions of the Falls Lake (WS- IV), Lake Holt (WS- II), and Lake Rogers (WS-II) watersheds which lie within the one-fourth mile critical watershed area of those water supply sources as established and determined by the state’s Environmental Management Commission.
   (B)   Watershed Protection Overlay District - General Area (WPO-GA). The Watershed Protection Overlay District - General Area (WPO-GA) establishes regulations for protecting those portions of the Falls Lake (WS- IV), Lake Holt (WS- II), and Lake Rogers (WS-II) watersheds which lie within the remaining balance of the watershed area of those water supply sources as established and determined by the state’s Environmental Management Commission.
§ 6.5  MIXED-USE ZONING DISTRICTS.
   6.5.1   Purpose and intent. The Mixed-Use Districts allow for a mix of nonresidential and residential uses within the same development or building. This type of development is intended to encourage the physical design characteristics of pedestrian oriented, storefront-style shopping streets.
   6.5.2   Gateway Districts. The Butner Gateway consists of five Base Zoning Districts within a specific area, the Gateway, each of which allow a mix of uses. Using a hybrid of form based code and traditional land use based code, these districts create a cohesive, integrated, and unified development consistent with the town’s Gateway Small Area Plan adopted December 3, 2015. The districts are allowed only within the Gateway Area. Before development in the Gateway Districts may occur, a concept plan must be reviewed and approved by Town Council in accordance with division 3.2.6. Uses allowed in each Gateway District are shown in Table 7-1, Table of Permitted Uses. Any property in the Gateway area can request a Conditional District rezoning to allow a use allowed in another Gateway District.
   (A)   Gateway Base Districts.
      (1)   Central Avenue Mixed-Use District (CX). The Central Avenue Mixed-Use District (CX) is established to accommodate a mix of commercial, office, and supporting higher density residential uses typically within a vertical mixed-use project. It is intended to serve as the Gateway “Main Street” promoting a compact urban form. This district utilizes build-to lines as compared to more traditional building setbacks, and minimum building/block standards. Uses which utilize and/or incorporate public space into the development (sidewalk cafes, and the like) shall be encouraged within this district, especially those properties fronting Central Avenue.
      (2)   South Interchange Gateway District (SI). The South Interchange Gateway District (SI) is established to accommodate a mix of convenience retail and restaurants, moderate intensity commercial development, as well as neighborhood serving commercial and professional office uses. The district may provide transient uses typically associated with higher volume thoroughfares and interstate interchanges. Multi-family residential uses may be provided as part of a vertically integrated mixed-use project.
      (3)   North Interchange Gateway District (NI). The North Interchange Gateway District (NI) is established to accommodate a mix of convenience retail and restaurants, including moderate and high intensity commercial uses typically associated with higher volume thoroughfares and interstate interchanges. This district may also provide large-scale, big-box oriented uses.
      (4)   Central Gateway West District (CW). The Central Gateway West District (CW) is established to accommodate an economic development and employment generating area including office, industrial, and institutional uses. Institutional uses are intended to be located across from Murdoch Center. Office and institutional uses are intended south of 26th Street up the Central Avenue Mixed-Use District to act as a transition between the mixed-use area and the more intense industrial uses. The area in between, north of 26th Street and extending across the railroad to the east, is intended to be the primary employment center for the Gateway area. This area focuses on nonresidential operations including employment and job generating uses. Uses within this district will likely use the railroad and interstate for the movement of goods. Properties in this area may be developed individually or as part of a business or office park. Supporting residential may be provided under limited situations, and shall not be primary uses in this district.
      (5)   Central Gateway East District (CE). The Central Gateway East District (CE) is established to accommodate the connection between the major commercial nodes via the parkway with a mix of uses including primarily office, institutional, and industrial. The district also includes “Opportunity Site A” which may be developed as either office and institutional or residential developments with increased densities. Nonresidential uses within the opportunity site are envisioned to include an academic/healthcare campus concept. Residential uses are envisioned as an age-targeted neighborhood and/or a variety of housing types and styles including attached and limited detached housing. Consistent with the Central Gateway West District, properties north of 26th Street and its continuation to Telecom Drive comprise the Gateway Area’s primary employment center.
   6.5.3   Gateway District Standards.
   (A)   Concept plan required. A concept plan is required prior to the use or development of any Gateway Zoning District.
   (B)   Preservation of environmentally sensitive areas. All areas of wetlands, steep slopes, floodways, and other environmentally sensitive areas must be preserved as open space.
   (C)   Density. The maximum residential density within the Butner Gateway districts shall be ten dwelling units per acre except where regulated by the single-family lot size set forth in division 6.5.3(D) below.
   (D)   Lot standards.
      (1)   Minimum lot sizes in each area of the Butner Gateway are established by the concept plan. Where a residential area abuts a platted or developed single-family residential subdivision, the minimum lot size shall not be less than one-half of the minimum lot size of the adjoining district. However, no residential lot shall be less than 6,000 square feet in gross area.
      (2)   Minimum lot width for detached single-family detached residential lots shall be 50 feet. Minimum lot width for all other lots shall be established by the concept plan.
      (3)   Lots may not exceed a width to depth ratio of 4:1. Exceptions to this standard may be granted based on existing environmental features, required stormwater facilities, or other site specific considerations which must be approved by the Town Council as part of the required concept plan.
      (4)   Double frontage lots including those served by alleys may be provided within the Butner Gateway Area consistent with the concept plan.
   (E)   Setbacks and building zones. Setback requirements for residential development in any of the Gateway Districts are established by the approved concept plan.
      (1)   Development in the NI District and nonresidential uses in the CE District shall have the following minimum building setbacks:
 
Front
35 feet
Side
15 feet
Rear
25 feet
Adjacent to existing residential uses and the perimeter of the Gateway Area
50 feet
 
      (2)   Development in the SI District shall have the following building zones (minimum and maximum building setbacks).
         (i)   The front building zone shall be between eight and 25 feet from the back of the sidewalk to provide for public space. Public space areas are intended to function as a portion of the streetscape and shall provide for an attractive, safe, and functional environment. These areas shall be designed for the type of development that they serve and be reflected on approved site plans. Public space areas shall enhance the development’s aesthetics. Street side public space areas shall be a minimum of eight feet in width beginning at the back edge of the public sidewalk and may be included within the build-to-zone and/or setback. Public space shall include at least one item from List A and at least items two List B.
 
List A
Benches
Café style seating
Increased sidewalk widths along public roadways
Seatwalls
 
List B
Awnings, canopies, or similar shade structures (excludes gas canopies)
Decorative bollards
Decorative railing
Exterior, pedestrian scale lighting (excludes required street lights)
Potted planters
Public art
Similar items as may be approved by the Ordinance Administrator
 
         (ii)   The side building zone shall be between zero and ten feet, except where parking in the side yard is provided; however, the side building line shall not exceed 45 feet except where approved by the Ordinance Administrator.
         (iii)   There is no minimum rear building zone in order to allow for parking in the rear of buildings and/or necessary utilities and infrastructure.
         (iv)   Buildings which face a public road or right-of-way, including the side and rear of the buildings, shall be designed and constructed to provide the appearance of the front of the building through use of windows, doors, awnings, canopies, or similar feature. In cases where the main entrance to the building is not from the street, the building must also be designed for a main entrance on the street side in case a future tenant wants the building to face the street.
      (3)   Development in the CX and CW Districts shall have the following building zones (minimum and maximum building setbacks).
         (i)   The front building zone shall be between 0 and 30 feet. Parking should be provided to the side and/or rear of the building. In areas where cross access to adjacent development connects to existing parking in front of the building, a single row of parking is allowed in front of the building and the front building zone can be up to 50 feet. Corner lots may only have parking in one front building zone.
         (ii)   The side building zone shall be between zero and ten feet, except where parking in the side yard is provided; however, the side building zone shall not exceed 45 feet except where approved by the Ordinance Administrator.
         (iii)   There is no required rear building zone in order to allow for parking in the rear of buildings and/or necessary utilities and infrastructure.
         (iv)   Buildings which face a public road or right-of-way including the side and rear of the buildings shall be designed and constructed to provide the appearance of the front of the building through use of windows, doors, awnings, canopies, or similar feature.
      (4)   All setbacks and building zones for uses or districts not specifically noted in this division shall be established by the approved concept plan.
   (F)   Building frontage.
      (1)   Within the CX and SI Districts, the minimum building frontage shall be 65% of the lot width. This standard may be modified by the Ordinance Administrator based on required utility and drainage easements and/or vehicular accesses (i.e., public streets). In the case of a corner lot and/or double frontage lot, the Ordinance Administrator shall determine the front yard. Minimum building frontage in all other Gateway Districts shall be no less than 30% of the lot width. Building frontage may be provided as follows.
         (i)   The building frontage minimum requirement may be achieved completely by building facade or a combination of building facade, porte cochere, and similar decorative structural feature, including the use of street walls. These elements when used to meet this standard shall be designed with similar building materials and architectural appearance as the primary structure. Street walls, if provided, must be no less than 24 inches and no more than 60 inches above grade.
         (ii)   The following items may encroach up to one half of the minimum building zone distance so long as a minimum of eight feet of vertical clearance is provided: awnings; canopies; signs limited to awning and canopy; and balconies.
   (G)   Maximum height.
      (1)   The maximum height for single-family residential structures is 35 feet.
      (2)   The maximum height for the CX District is 45 feet.
      (3)   In nonresidential designated areas in the SI, Nl, CE, and CW Districts the maximum height is 60 feet.
      (4)   With the exception of single-family residential development, increased building heights above the maximum stated may be considered up to a maximum of 50% of the maximum height standard, providing height mitigation measures such as a building stepback or setback are proposed and approved by the Ordinance Administrator. Buildings exceeding the maximum height shall provide a stepback of at least 15 feet along all sides facing a public roadway.
      (5)   Any single-story structure in which the floor to ceiling height exceeds 15 feet or the exterior facade height exceeds 25 feet, shall be designed to appear like a multistory structure.
   (H)   Open space and recreation facilities.
      For developments greater than ten acres as identified by a concept plan, subdivision, or site plan, a minimum of 5% of the gross area of the development must be dedicated to open space exclusive of any existing wetland area; parcels less than ten acres shall be exempt from this standard. No more than 50% of the dedicated open space may be used for active recreation purposes (i.e., soccer fields, multi-purpose fields, tennis courts, and the like). At least 50% of the passive recreation/natural areas must be usable and accessible (i.e., not including wetlands, steep slopes, or other marginal lands); stormwater features including ponds, lakes, or similar may count towards this total providing they are publicly accessible and provide a public edge through a sidewalk, trail, or similar.
      Within mixed-use and residential developments, the open space can be provided in the form of neighborhood parks, plazas, greenways, or similar, subject to approval by the Ordinance Administrator. These areas shall include a minimum of three or more of the following program elements: community building; public gathering space; playground; pet park; trails; picnic area; shade structures; and benches. The minimum open space area shall be 10,000 square feet.
      The approved concept plan shall provide a listing of acceptable open space uses, types, and generalized locations.
   (I)   Connectivity/access.
      (1)   All buildings and/or lots shall front on a public street either existing or a new street constructed to the town’s standards.
      (2)   All development must be arranged in such a manner that convenient pedestrian access is provided between and within those developments and uses through sidewalks, greenways, trails, or similar features. Connectivity shall also be provided to civic and recreational spaces, where practical.
      (3)   Cross access shall be provided to the adjacent properties except where not practical due to environmental features, utilities/infrastructure, or other site specific features. Any request to waive the requirement for cross access shall be approved by the Ordinance Administrator.
      (4)   Placement and width shall be consistent with the Gateway street standards as described in the town’s street design standards.
      (5)   Due to the nature and intent of the Gateway area, division 13.4.3(A)(1) shall not apply. Except where approved by the Ordinance Administrator, adjacent parcels shall provide for cross access.
   (J)   Parking and loading. Off-street parking and loading areas must be provided in accordance with Article 13 of this ordinance.
      (1)   Cross access. Cross access to adjacent properties in the Gateway Districts shall be provided in accordance with the approved concept plan, consistent with the town’s Gateway Small Area Plan adopted December 3, 2015.
      (2)   Off-site parking. If parking required by this ordinance cannot be reasonably provided on the same lot as the principal use, a portion of the required off-street parking can be located on-street or on a separate lot no more than 400 feet from the lot on which the principal building or use is located. A continuous paved pedestrian pathway or sidewalk a minimum of five feet in width shall be required between the off-site parking area and the entry to the principal use.
      (3)   Shared parking. Shared parking is encouraged within the Gateway Districts in order to provide opportunities to reduce the amount of land needed for parking and create opportunities for more compact development, more space for pedestrian circulation, or more open space and landscaping. Up to 50% of required parking may be shared between uses with different peak use times as approved by the Ordinance Administrator.
      (4)   On-street parking.
         (i)   On-street parking may be provided on the local commercial collector streets within the Gateway Districts except for:
            (a)   Gate 2 Road: from the right-of-way of Interstate 85 to the northerly railroad right-of-way; and
            (b)   E C Street: from the right-of-way of Interstate 85 to the intersection of S. 33rd Street.
         (ii)   On-street parking within 300 feet of the building entry may provide for up to 10% of the required parking spaces. Parking spaces proposed to meet this standard shall be striped/dedicated on-street parking spaces and recognized by the town.
         (iii)   The minimum sidewalk width for public streets providing on-street parking shall be 12 feet.
      (5)   Parking location.
         (i)   Parking within the SI, CX, and CW Districts in the Gateway shall be located to the rear or side of the building. In the CX District where cross access to adjacent development connects to existing parking in front of the building, a single row of parking is allowed in front of the building.
         (ii)   No parking space other than on-street parking shall open directly onto a public street (single-family and two-family dwellings and townhouses are exempt).
         (iii)   Except for single-family and two-family dwellings, aisles, driveways, and joint access (cross access) driveways shall not be used for parking vehicles.
         (iv)   Required parking spaces for all uses except single-family and two-family dwellings shall be designed to permit entry and exit without moving any other vehicle.
         (v)   No parking space shall be located so as to block designated emergency access.
         (vi)   No portion of any required parking space shall be located within the right-of-way of a street or alley.
      (6)   Change in use. If the change in use requires an increase in required parking greater than 50% of the previously required parking, all parking must be brought into compliance with the provisions of this ordinance, including, but not limited to, location, size, materials, and access.
      (7)   Bicycle parking. Bicycle parking shall be provided per division 13.7.3 of the town’s land development ordinance.
   (K)   Street design. Streets must be designed and located so that they are integrated into and provide continuation of the surrounding street network. A minimum street connectivity index score of 1.5, as outlined in division 14.3.4(B), shall be maintained throughout the development.
   (L)   Signs.
      (1)   A common signage plan must be included as part of the concept plan. This common signage plan shall specify the size, type, height, setback, location, design, illumination, and number of signs to be allowed in the Gateway Districts. All signs included in the common signage plan shall utilize the same coordinated colors, styles, and lettering schemes throughout the development.
      (2)   Single-family residential portions of the Gateway Districts shall follow the standards set forth for signs in the RT District.
      (3)   Non-single-family residential portions of the CX, SI, and CW Gateway Districts shall follow the standards set forth for signs in the CB District.
      (4)   Non-single-family residential portions of the NI and CE Gateway Districts shall follow the standards set forth for signs in the HB District.
      (5)   Developments may exchange one free standing sign for additional square footage of wall, canopy, awning, or window signage. Wall, canopy, awning, or window or similar signage may not be exchanged for free standing signage.
   (M)   Landscaping. Landscaping standards for the Gateway Districts are established by the approved concept plan and shall follow Article 9 of this ordinance.
   (N)   Buffering. Buffering standards for the Gateway Districts are established by the approved concept plan. Due to the nature of the Gateway Area, there are no buffers required between uses except as noted here.
      (1)   Between industrial land uses and residential land use a Type B buffer according to Article 10 of this ordinance is required.
      (2)   Between industrial land uses and all other land uses a Type A buffer according to Article 10 of this ordinance is required.
      (3)   Buffering between uses separated by a road or railroad may reduce the buffer standards by one-half.
      (4)   The Ordinance Administrator may require the installation of a Type A buffer strip along the frontage of all lots. Individual single-family lots and development along Central Avenue shall be exempt from this standard.
      (5)   In the case of a conflict, the Ordinance Administrator is authorized to interpret and require the application of the buffer standard.
(Amended 8-2-2018)
§ 6.6  GENERAL LOT REQUIREMENTS.
   6.6.1   Compliance with this ordinance required. No building or portion of a building shall be erected, used, moved, or altered except in conformity with this ordinance.
   6.6.2   Pre-existing lots. Lots established prior to October 1, 2008 shall only be required to meet the minimum setback provisions for the Base Zoning District in which they are located, and shall be exempt from the other minimum lot size or lot width requirements.
   6.6.3   Reduction prohibited. Except as required through the establishment of new public rights-of-way (such as roadway widening) or approved as a variance, no yard or lot existing on October 1, 2008 shall be reduced in size or area below the minimum requirements of the Base and Overlay Zoning District where it is located.
   6.6.4   Street access. All lots shall front upon, and have access to, a public or private street built in accordance with the town’s standards.
   6.6.5   Double frontage and flag lots prohibited. Double frontage lots including those served by alleys may be allowed in the Gateway Districts or PUD as approved by the Ordinance Administrator. In all other districts, double frontage lots shall be prohibited except where required due to extreme topographic circumstances or site conditions. Flag lots shall be prohibited except where required due to extreme topographic circumstances or site conditions.
   6.6.6   Yard determination on irregular lots. The location of required front, side, and rear yards on irregularly shaped lots shall be determined by the Ordinance Administrator. Such determination shall be based on the spirit and intent of this ordinance in order to achieve an appropriate spacing and location of buildings and structures on individual lots.
   6.6.7   Allowable yard encroachments for residential use. Building features and architectural elements may encroach into required yards or setbacks only in accordance with the following standards.
   (A)   Balconies, stoops, open porches, bay windows, steps, mechanical units, raised doorways, and similar architectural features are permitted to encroach into a setback a maximum of four feet.
   (B)   First floor encroachments shall not extend into the right-of-way.
   (C)   Side yard encroachments shall not be closer than five feet to a lot line.
   6.6.8   Height limitation exceptions. The height limitations of this ordinance shall not apply to spires, belfries, cupolas, and domes not intended for residential purposes, nor to monuments, water towers, observation towers, power transmission towers, chimneys, elevator shaft enclosures, flag poles, and similar structures, provided such structures meet the required provisions of the state’s Building Code. Height limitations shall apply to wireless communication towers as regulated herein.
   6.6.9   Orientation of structures in Residential Districts. Principal structures in residential zoning districts must be situated in such a manner that their primary entrance faces the primary street frontage on which they are located.
   6.6.10   Prevailing front setbacks. In the RT and RMX Zoning Districts the prevailing front setback of neighboring developed lots shall be utilized to determine the minimum front setback of undeveloped lots which are located on a block face where at least 50% of the lots have been developed with a single- family or two-family (duplex) dwelling that was constructed prior to the effective date of this ordinance. The minimum front setback shall be defined by establishing the average, or prevailing, front setback of the closest three residential structures on either side of the undeveloped lot. In no case shall structures located more than 500 feet from the property line of an undeveloped lot be used to establish a prevailing front setback.
§ 6.7  DIMENSIONAL STANDARDS.
   6.7.1   Purpose. The purpose of this section is to present the dimensional standards for all principal and accessory structures and uses allowed in this ordinance. These standards may be further modified by other requirements found in other articles where applicable.
   6.7.2   Dimensional standards table. Unless otherwise specified, all principal and accessory structures in the Base Zoning Districts are subject to the dimensional standards set forth in Table 6-1, Dimensional Standards.
 
Table 6-1 Dimensional Standards
Base Zoning District
Minimum Lot Size (sq. ft.)
Maximum Height (feet)
Minimum Lot Width (feet)
Minimum Setback (feet)
Front/ Corner Side
Each Side
Rear
Central Business (CB)
10,000
35
100
15
0
20
Heavy Industrial (HI)
80,000
802
200
80
50
50
Highway Business (HB)
25,000
50
100
35
15
20
Light Industrial (LI)
40,000
502
150
40
35
40
Mixed Residential (RMX)
10,000
35
75
301
10
25
Multi-Family Residential (RMF)
2 Acres
35
150
30
25
25
Neighborhood Business (NB)
10,000
35
100
15
5
20
Office and Institutional (OI)
10,000
35
100
15
5
20
Rural Preservation (RP)
80,000
35
200
50
20
35
Rural Residential (RR)
40,000
35
120
40
15
35
Suburban Residential (RS)
15,000
35
100
35
12.5
30
Town Residential (RT)
12,500
35
85
301
10
25
1 - Prevailing street setback (6.5.10) regulations apply.
2 - This height limit applies only to the occupiable portions of structures in the LI and HI Districts. Unoccupied storage silos and unenclosed machinery would not be considered occupiable structures. A structure is considered occupied if one or more persons regularly occupy any part of the structure. Periodic maintenance of a structure that is not otherwise regularly occupied shall not be considered regular occupancy.