6.3.2 Setback Requirements

      (A)   General Requirements

         (1)   A building, structure, or lot shall not be developed, used, or occupied unless it meets the minimum setback requirements set forth in Section 6.1 for the zoning district in which it is located, except as otherwise established in this Ordinance for particular uses or unless a variance has been granted.

         (2)   A setback, court, or other open space required by this Ordinance shall not be included as part of a setback or other open space required by this Ordinance for another building or structure or lot.

      (B)   [Reserved]

      (C)   Setbacks from Required Buffers and Streetscapes

         Buildings, structures and parking areas shall be set back from required perimeter, streetscape, and Urban Transition Buffers as provided below:

For a printer-friendly, PDF version: Table 6.3-01

Table 6.3-01 Setbacks From Required Buffers
		Perimeter Buffer and Streetscape Buffer	Urban Transition Buffer
Neuse River Basin: Lot Created Prior to July 22, 1997 * Jordan Lake Protected Watershed: Lot Created Prior to July 27, 2000*
Single-Unit Residential Use	Principal Use	10' if existing vegetation meets required buffer standards; 0' if new vegetation is installed to meet required buffer standards	NA
	Accessory Use or Vehicular Use Area	5' if existing vegetation meets required buffer standards; 0' if new vegetation is installed to meet required buffer standards	NA
Other Uses	Principal Use	10' if existing vegetation meets required buffer standards; 0' if new vegetation is installed to meet required buffer standards	10' for new development or expansion of existing development, receiving development plan approval after effective date; else not applicable
	Accessory Use or Vehicular Use Area	5' if existing vegetation meets required buffer standards; 0' if new vegetation is installed to meet required buffer standards	5' for new development or expansion of existing development, receiving development plan approval after effective date; else not applicable
Neuse River Basin: Lot Created After July 22, 1997 * Jordan Lake Protected Watershed: Lot Created After July 27, 2000*
Single-Unit Residential Use	Principal Use	10'
	Accessory Use or Vehicular Use Area	5'
Other Uses	Principal Use	10' if existing vegetation meets required buffer standards; 0' if new vegetation is installed to meet required buffer standards	10'
	Accessory Use or Vehicular Use Area	5' if existing vegetation meets required buffer standards; 0' if new vegetation is installed to meet required buffer standards	5'
*Date of adoption of Riparian Buffer Rules by the NC Department of Environment and Natural Resources.

 

Features Allowed within Required Setbacks

      (D)   Features Allowed within Required Setbacks or Yards

         (1)   A building, structure, or lot shall not be developed, used, or occupied unless it meets the minimum lot size, setback, and yard requirements set forth for the zoning district in which it is located, except as otherwise established in this Ordinance.

         (2)   A yard, court, or other open space required by this Ordinance shall not be included as part of a yard or other open space required for another building or structure.

         (3)   Trees, shrubs, flowers, fences, walls, hedges, other landscape features, driveways, and uncovered parking pads may be located within any required setback and/or yard.

         (4)   The buildings or structures on a lot shall not be located in whole or in part within a required setback or yard, except in certain cases. The following table lists features that may be located within any required setbacks, subject to the specific limitations noted:

TABLE 6.3-1: PROJECTIONS PERMITTED INTO REQUIRED SETBACKS
Feature That May Encroach Into Setback	Limitation
At-grade sidewalks; and steps, ramps, handrails, and supporting elements	May project into a required roadway setback where making a connection to another sidewalk or a street, May project into a required side or rear setback, but no closer than five (5) feet to the property line. On a lot containing a detached dwelling, no setback is required for at-grade sidewalks.
Eave, soffit, sill, cornice, or ornamental feature	May project up to eighteen (18) inches into any required setback or building restriction line, except where a lesser projection is required to assure conformance with building separation requirements of the North Carolina Building Code.
Bay windows that project outward but do not touch the ground, and similar features projecting from the principal building (does not include cantilevered floor area or cantilevered walls)	May project up to three (3) feet into any required yard or building restriction line shown on the subdivision plat for the property, but no closer than five (5) feet to the property line or buffer. **
Uncovered porches, stoops, balconies, decks, steps, and similar features projecting from the principal building. (Roofs may not encroach into building setbacks).
Chimneys
Patios, terraces, and similar features that are not covered and are located on the ground and constructed at grade level	May project into a required yard or building restriction line shown on the subdivision plat for the property, but no closer than five (5) feet to the property line or buffer.
Accessory buildings and/or structures that are detached from the principal structure	May project no closer than five (5) feet to the rear lot line and no closer than five (5) feet to the side lot lines. No projection is allowed into the required roadway setbacks.
Driveway (may not be covered)	May encroach up to lot line(s)
HVAC equipment, utility equipment, mechanical equipment, and electrical panels related to the operation of a detached residential dwelling
Retaining walls and fences eight (8) feet or less in height that are not located within thirty (30) feet of a street that is classified as a collector or thoroughfare.
** Such features that encroach into setbacks and were approved prior to September 26, 2013 are exempt from this limitation and shall be considered to be a conforming feature on such properties.

 

Minor Residential Building Encroachments into Required Setbacks