4.14. Obsolete districts.

   Commentary: These existing districts were applied to land in Garner prior to the adoption of the UDO and remain mapped on the official zoning map, but are no longer available for zoning future land.

   A.   Residential cluster district (RCD).

      1.   Purpose and intent. The purpose of cluster development regulations is to provide an optional land development procedure which results in the preservation of open space; protection of streams, floodplain areas and significant existing tree cover; promotion of more efficient subdivisionstreet and infrastructure networks; and encouragement of a variety of styles or types of residential dwellings. Cluster development should provide a total living environment for residential purposes that is in compliance with the land use plan and other applicable local, state or federal laws or regulations.

   There shall be three residential cluster districts (RCD). Each residential cluster district is a special purpose zoning district and is designed to have similar density characteristics of the various residential zoning districts of the ordinance (excluding the R-5 district) according to one of the following three elements:

         a.   RCD-1 shall be the low density cluster development district and shall have a permitted overall average tract density range of up to one dwelling unit per acre. All development within the RCD-1 district shall be in accordance with the provisions of Article 6 and the all other applicable requirements of this UDO.

         b.   RCD-2 shall be the medium density cluster development district and shall have a permitted overall average tract density range in excess of one dwelling unit up to five dwelling units per acre. All development within the RCD-2 district shall be in accordance with the provisions of Section 6.1 and all other applicable requirements of the UDO.

         c.   RCD-3 shall be the high-density cluster development district and shall have a permitted overall average tract density range in excess of five dwelling units up to 12 dwelling units per acre. All development within the RCD-3 district shall be in accordance with Section 6.1 and all applicable requirements of the UDO.

      2.   Permitted uses . Residential cluster developments may have as permissible uses single-family detached dwelling units , duplexes, residential townhouse dwelling units , and residential condominium dwelling units or any combination thereof so long as the permitted density of the selected residential cluster district is not exceeded.

      3.   General requirements.

         a.   Public sanitary sewer and water connections shall be required for every lot or dwelling unit in a cluster development .

         b.   A master plan shall be required to be submitted if the cluster development is to be the initial phase of a larger project . Conditional zoning approval procedures and final plat approval procedures according to the requirements of the land use ordinance shall apply to all cluster developments in designated cluster development districts.

         c.   Each individual cluster developmentlot containing single family detached or attached units public shall have street access according to the criteria listed in applicable sections of the land use ordinance.

         d.   Residential condominiums and townhouses shall meet the access standards, as well as other applicable sections of the land use ordinance.

         e.   Design of cluster developments will be reviewed by the Planning Commission based upon accepted general design principles, and special design criteria developed by the Commission and appropriate requirements of the ordinance. Where possible, appropriate information on floor plans, building areas, building elevations (materials colors) and landscape provisions should be furnished along with all required information with the CUP application. Restrictive covenants may be submitted to address the above related matters with the CUP application.

         f.   A homeowner's association shall be established to own and maintain all property or facilities held in common private ownership. Documents regarding the homeowner's association shall be submitted to the Town for approval with the final plat and shall be duly recorded with the final plat in the Wake County Register of Deeds Office by the applicant.

         g.   A pre-application conference between the developer or agent and the staff of the Town of Garner shall be required. The meeting should address procedures and requirements of the land use ordinance, conformance with the long range plan, availability of utilities, and general design related matters associated with the project . The developer shall furnish three copies of a conceptual plan which outlines the proposed development of the entire tract of lands. Such plan shall include the following:

            (1)   Structures , location and arrangement.

            (2)   Circulations patterns, vehicular (streets ), pedestrian and parking.

            (3)   Existing site conditions, topography, vegetation cover, soil conditions, flood prone areas and streams , and other significant environmental conditions.

            (4)   Tentative provisions for all utilities.

            (5)   Recreational and open space locations.

            (6)   Boundaries of the development including acreage.

            (7)   The conceptual plan should be at a scale of one inch equals 100 feet, or larger.

         h.   Dimensional standards.

            (1)   A cluster developmentlot shall not have a minimum lot area requirement. The overall density or number of dwelling units in a cluster development shall not exceed the allowable density provisions of the cluster district.

            (2)   Front yards may be staggered to provide a variety in the size of such yards. The minimum average of all front yards in a cluster development shall be 20 feet; however, no front yard of any lot shall be less than 15 feet. Side yards shall be a minimum of eight feet each; corner side yards shall be a minimum of 15 feet. Rear yards shall be a minimum of 15 feet. Zero lot line building orientations may be allowed in a cluster development subject to the provisions of Section 6.5.A of the land use ordinance. Individual detached single family units in a cluster development shall have a minimum lot width of 20 feet measured at the street line. The provisions of Article 6 regarding minimum lot widths shall apply to residential townhouse and condominium units.

            (3)   A peripheral yard of at least 25 feet in width, shall be provided along the entire perimeter of a cluster development .

            (4)   Each dwelling unit in a cluster development shall have two off-streetparking spaces . In addition, there shall be one space for every two dwelling units set aside in an auxiliary off-street parking area in a cluster development .

         i.   Open space standards. Open space in cluster development shall be no less than 35 percent of the gross area of the cluster development tract. All open space provided in a cluster development shall meet the following criteria in addition to the requirements of Article XIII of the land use ordinance:

            (1)   Open space shall abut 75 percent of the lots within the subdivision and shall be well distributed throughout the development so as to achieve the requirement herein.

            (2)   All open space areas shall be at least 40 feet in width, except the open space that is provided around the perimeter of a cluster development . The 40-foot width minimum nay be achieved through a combination of common open space and private land disturbing activities .

            (3)   All open space shall be linked, either directly or across street rights-of-way.

   B.   Multi-residential district (MR-1).

      1.   Purpose and intent. The MR-1 district must contain a minimum of five acres and is designed to accommodate single family detached units, duplexes, and triplexes as well as zero-lot-line attached units. This district is designed to create and maintain higher density residential neighborhoods and, as special uses, those service, institutional, public and other compatible uses that are so designed, constructed and maintained that they do not detract from the quality of the neighborhood as a place for healthful, quiet and aesthetically-pleasing residential living. When evaluating an application for the MR-1 zoning district, emphasis shall be given to the location of the proposed district to adjoining developed property to ensure that such district is carefully located and achieves a satisfactory relationship with the surrounding properties.

      2.   Permitted uses. The MR-1 district shall permit the following uses:

         a.   Site-built and modular homes .

         b.   Duplexes and triplexes following approval of a special use permit .

         c.   Nursing and intermediate care homes; group care homes , child care homes , family care homes .

         d.   Zero lot line development following approval of a special use permit .

         e.   Elementary and secondary schools following approval of a special use permit .

         f.   Churches, synagogues and temples following approval of a special use permit .

         g.   Libraries, museums, art galleries, art centers and similar uses located within a building designed and previously occupied as a residence or within a building having a gross floor area not in excess of 3,500 square feet.

         h.   Community centers following approval of a special use permit .

         i.   Publicly or privately owned outdoor lower intensity and lower commercial recreational facilities such as golf and country clubs, swimming or tennis clubs, parks, etc. following approval of a special use permit .

         j.   Police stations, fire stations, rescue squad or ambulance service following approval of a special use permit .

         k.   Reclamation landfill following approval of a special use permit .

         l.   Cemetery following approval of a special use permit .

      3.   Density and dimensional regulations.

         a.   Minimum lot size: 7,000 square feet for single-family residences . Every lot developed for multifamily residential purposes shall have at least 6,000 square feet for each dwelling unit .

   Commentary: Single-family detached setbacks follow the same setbacks as the R-9 district.

         b.   Minimum lot width: 60 feet.

         c.   Minimum side setbacks:

            (1)   Fifteen feet from side lot boundary line for attached units. Ten feet from side lot boundary line for detached units.

            (2)   Twenty-five feet from street right-of-way along side of corner lot for attached units. Twenty feet from street right-of-way along side of corner lot for detached units.

         d.   Minimum front and rear setbacks: Minimum front and rear setbacks 25 feet for both attached and detached units.

         e.   Maximum building height: 35 feet for residential buildings. Nonresidential buildings may exceed the height of 35 feet provided the following occurs:

            (1)   The depth of the required front, rear and both side yards shall be increased one foot for each foot or fraction thereof of building height in excess of 35 feet; and

            (2)   The building is otherwise designed or equipped to provide protection against the dangers of fire.

         f.   Zero lot line development : Zero-lot -line developments consisting of groups of two or three attached units may be allowed in accordance with Article 6. Such developments shall be reviewed only through a special use permit , site plan and subdivision plat concurrently submitted. In addition, a master plan shall be submitted if a zero-lot -line development is to be an initial phase of a larger development .

   C.   Mixed UseDevelopment (MXD-1).

      1.   Applicability.

         a.   There shall be a Mixed Use District-1 established.

         b.   No area of less than 75 contiguous acres in single ownership or control may be zoned as a MXD-1 zoning district. Section 157 of the land use ordinance provides further guidance regarding MXD-1 regulations.

      2.   Purpose. MXD-1 is intended to produce higher levels of urban land use intensity at or near Community Level Nodes or Metro-focus Nodes, consistent with the Town's long-range plan. MXD-1 zoning permits various combinations of usually separated uses, primarily promoting the development of "business parks". It is not intended to be applied in a limited way to only inner-city development or to mixed uses within one structure (high-rise), but rather, may be used to support either infill or new development on relatively large tracts.

      3.   Permitted uses. Land shall be used and buildings erected, altered, enlarged, or used only for a combination of the uses listed below:

         a.   Residential.

            (1)   Apartments and condominiums ;

            (2)   Townhomes ;

            (3)   Hotels and motels.

         b.   Sales and rental of goods, merchandise and equipment.

            (1)   No storage or display of goods outside fully enclosed building ;

            (2)   Storage and display of goods outside fully enclosed building if properly screened;

            (3)   Wholesale sales .

         c.   Office, clerical, research and services not primarily related to goods or merchandise.

            (1)   Operations designed to attract and serve customers or clients on the premises, such as attorneys, physicians, other professionals, insurance and stock brokers, travel agents, government office buildings , banks, etc.;

            (2)   Operations designed to attract little or no client traffic other than employees of the entity operating the principal use ;

            (3)   Offices or clinics of physicians or dentists;

            (4)   Operations conducted within a fully enclosed building .

         d.   Manufacturing, processing, creating, repairing, renovating, painting, cleaning, assembling of goods, merchandise and equipment.

            (1)   Service, repair of goods, etc. sold or rented on-premises;

            (2)   Other fully-enclosed operations;

            (3)   Operations conducted outside fully enclosed building if properly screened.

         e.   Educational, cultural, religious, philanthropic, social, fraternal uses .

            (1)   Business or vocational schools;

            (2)   Churches, synagogues and temples, including associated residential structures for religious personnel and associated buildings , but not including elementary or secondary school buildings ;

            (3)   Libraries, museums, art galleries, art centers and similar uses (including associated educational and instructional activities);

            (4)   Social, civic, service, fraternal clubs and lodges, union halls, and similar uses .

         f.   Recreation, amusement and entertainment.

            (1)   Indoor tennis, racquetball courts, indoor athletic and exercise facilities and similar uses ;

            (2)   Playhouse theaters, movie theaters, bowling, pool halls or similar uses .

         g.   Institutional residence of care or confinement facilities.

            (1)   Hospitals, clinics, other medical including mental health, treatment facilities in excess of 10,000 square feet of gross floor area ;

            (2)   Nursing care institutions , intermediate care institutions, handicapped or infirm institutions ;

            (3)   Group care institution ;

            (4)   Continuing care retirement communities consistent with UDO provisions.

         h.   Restaurants , bars, night clubs.

            (1)   Restaurants without drive-in service (ancillary drive-thru window service allowed);

            (2)   Bars, nightclubs, ABC permitted private clubs.

         i.   Motor vehicle related sales and service operations.

            (1)   Motor vehicle sales or rental or sales and service;

            (2)   Automobile service stations;

            (3)   Gas sales operations.

         j.   Storage and parking.

            (1)   Automobile parking garages or parking lots (not provided to meet parking requirements for a principal use );

            (2)   Storage of goods not related to sale or use of these goods on the same lot where they are stored.

         k.   Services and enterprises related to animals.

            (1)   Veterinarian (inside facilities only).

         l.   Emergency services.

            (1)   Police stations;

            (2)   Fire stations;

            (3)   Rescue squad, ambulance service.

         m.   Miscellaneous public and semi-public utilities.

            (1)   Post office;

            (2)   Military reserve, national guard centers.

         n.   Dry cleaner, laundromat.

         o.   Towers and antennas greater than 35 feet tall.

         p.   Nursery schools, day care centers.

         q.   Temporary structures .

         r.   Public transportation facilities.

            (1)   Bus station.

         s.   Non-residential subdivisions .

         t.   Combination uses planned.

         u.   In addition, the MXD-1 district shall allow the use of "flex-space" defined as follows: the sale, lease, or rental of space within a structure or multiple structures that will allow a combination of uses permitted in the MXD-1 district. The following parameters apply to the use of flex-space .

            (1)   Changes in products, services, and square footage of the permitted uses within a flex-spacestructure do not require approval of the Town.

            (2)   Any portion of the gross floor area in each flex-spacestructure may be commercial space.

            (3)   One parking space shall be provided for each 400 square feet of floor area used as flex space .

      4.   Minimum standards for development plan. The MXD-1 district shall be established through regular zoning procedures, except submission of a conceptual plan, while not required, is strongly encouraged at the time of submission of the zoning application.

         a.   Conceptual plan. "Conceptual" means that the developer intends to develop the site in the general manner indicated and that he is not to be literally held to specific configuration of the plan. If satisfactory, the Planning Commission and Town Council may elect to "receive" or "accept" the plan. If a conceptual plan is submitted, it should provide the following:

            (1)   Proposed use and general location with acres identified.

            (2)   Planned primary and secondary traffic circulation patterns with proposed ingress and egress to the district. Identify and locate existing roads, easements and proposed road improvements.

            (3)   Planned open space buffers and parks to be provided and preserved, stating proposals for ownership, maintenance and preservation of open space.

            (4)   Existing contours at vertical intervals of not more than five feet. Floodplains (100-year) areas are to be delineated.

            (5)   Optional details may be required to provide the Town with a better understanding of the proposed MXD-1.

         b.   MXD-1 district shall be a minimum of 75 contiguous acres in single ownership or control at the time a rezoning application is submitted.

         c.   In addition to buffering and screening within the MXD-1, perimeter buffer and screen which is also consistent with Section 307 of the land use ordinance shall be provided around the development . A maintenance agreement for all buffer areas shall be developed by the owner/developer , with copies provided with the rezoning application.

         d.   Where applicable, the MXD-1 district shall be consistent with the Town's parks and greenway plan, special highway overlay district (SHOD) and other adopted Town policies.

         e.   A minimum of five percent of the total acreage in the overall development zoned MXD-1 shall be designated as common open space in accordance with the following guidelines:

            (1)   Floodplains , natural areas, buffers , landscaped areas , seeded areas and lakes may be included in open space.

            (2)   Roadways and parking areas may not be included in open space.

            (3)   Whether or not dedication/reservation of land is involved, outdoor recreation facilities shall otherwise meet the standards of Section 202.

            (4)   The acreage provided as open space shall not count toward satisfaction of the impervious surface requirements directed at controlling run-off from individual lots set forth in this section.

         f.   The major entrance (ingress and egress) to a MXD-1 shall have direct access to an existing thoroughfare or a thoroughfare proposed by the developer . The purpose of this requirement is that roads of sufficient capacity to support the proposed development either in place or provided.

         g.   A minimum of three of the use categories listed below shall be included in any MXD-1 District and specified at the submission of subdivision and/or site plans:

            (1)   Flex space ;

            (2)   Office/institutional;

            (3)   Research, technology, and industrial;

            (4)   Commercial;

            (5)   Hotel/motel;

            (6)   Cultural;

            (7)   Residential (maximum of 50 percent of MXD-1, and then, at no more density than that permitted in Section 181 for MF-2. No detached single-family residential is permitted).

            (8)   Impervious surface area of individual non-residential lots or parcels in a MXD-1 district shall not exceed 80 percent. Residential uses shall not exceed 70 percent impervious surface ratio.

            (9)   While loading areas and display areas are addressed elsewhere in this section, other outdoor storage /operations shall be buffered and screened so as to provide 100 percent visual obstruction, consisting of fencing or berming and plantings, and otherwise consistent with Section 317 A(2).

      5.   Site development criteria. The development shall be implemented through the site plan conditional zoning approval process, and shall meet the following minimum standards:

         a.   Setbacks.Building setbacks shall not conflict with required buffers from existing rights-of-way, and otherwise, shall meet the following:

            (1)   Setbacks for permissible residential uses :

               (a)   Front yard: 35 feet.

               (b)   Side yard: Ten feet.

               (c)   Rear yard: 25 feet.

               (d)   Corner side yard: 25 feet.

            (2)   Non-residential setbacks: There are no side and rear setbacks between structures and interior property lines; however, if a separation is proposed, the minimum distance between structures is 20 feet. Unless otherwise identified below, and regardless of yard type, the minimum setback for non-residential structures from any interior street right-of-way is 30 feet. From exterior street right-of-way, the setback shall vary by classification of said street as follows:

               (a)   Local and collector street: 60 feet.

               (b)   Major and minor thoroughfare: 75 feet.

         b.   Building height.Building height shall be in conformance with Article 6, District development standards.

         c.   Landscaping.

            (1)   Each tract of land submitted for site plan review shall provide a minimum of 20 percent of the site as landscaped areas . Landscaped is defined as either natural areas or prepared planting areas containing trees, shrubs, and ground covers and seeded areas, and unroofed plazas or common areas, whether pervious or impervious, for pedestrian movement only.

            (2)   Necessary easements or fee for greenways, in accordance with the Town's greenway plan, shall be dedicated with the approval of the site plan.

         d.   Off-street parking, landscaping and loading requirements.

            (1)   Off-street parking shall be provided for each use permitted within the MXD-1 district based on the Town of Garner's requirements. No on-street parking shall be permitted on thoroughfare or collector streets within nonresidential portions of the district. However, on-street parking is allowed in the residential portions, but then, only on local streets .

            (2)   Except for work areas used for active loading/unloading and temporary parking of transport vehicles, parking areas shall be landscaped in accordance with Section 317(A)(2) of the Land Use Ordinance (although part of the MXD-1 district may lie outside the SHOD referenced in paragraph (A) of this section.

            (3)   Loading areas are allowed in any yard of industrial buildings . Otherwise, loading areas shall be located at the rear of buildings . In any case, such areas shall be screened from roads and adjacent property at the perimeter of the MXD-1 district consistent with Section 317(A)(2).

            (4)   Refuse areas and dumpster locations shall be fully screened from adjacent property and rights-of-way.

         e.   Signs. It is not the intent of this section to require uniform signage throughout the entirety of acreage zoned MXD-1. However, any developments meeting the definition of "shopping center", "business complex" or "commercial subdivision" in Section 7.5 shall comply with the master sign plan requirements of that article. All others signs shall comply with the remainder of said article.

   D.   Planned Residential Development.

      1.   Planned Residential Developments are permissible only in the R-12 PR zoning district. Planned Residential Development is an option provided to encourage a mix of housing options within a comprehensively Planned Development , allowing a density bonus in return for provision of substantial landscaping, screening and buffering.

      2.   Planned Residential Developments are permissible only on tracts of at least five contiguous acres.

      3.   A Planned Residential Development may be developed up to but not exceeding a density of 7,500 square feet per dwelling unit . However, at least 25 percent of the total number of dwelling units constructed must be single family residences (other than mobile homes ); of the 25 percent, 60 percent of the single family residences must be on lots of at least 12,000 square feet, and 40 percent must be on lots of at least 9,000 square feet. Setbacks standard to R-12 must be observed for these units.

      4.   The R-12 PR district also allows the construction of small detached patio home lots with the option to have zero lot line orientation as provided for in this ordinance. The maximum number of lots allowed under this option shall not exceed 25 percent of the total number of dwelling units constructed in an R-12 PR district.

      5.   Each patio or zero lot line dwelling unit in R-12 PR developments shall meet one of the following parking standards:

         a.   A minimum of four off-streetparking spaces on each lot ;

         b.   A minimum of three off-streetparking spaces on each lot plus one parking space for each dwelling unit set aside in auxiliary off-street parking areas.

         Such parking areas shall be designed and constructed in accordance with all other applicable parking provisions of the land use ordinance.

         c.   The BOA may approve an alternative parking design if it finds that the alternative achieves a parking standard of four off streetparking spaces for each lot . setback along the entire development perimeter is required, except where 12,000 square foot lots abut similar development . Any required screening and buffering (see Article 7) shall be within this perimeter setback. Parking and access drives may be permitted within the ten feet farthest from the development perimeter, provided any required buffer is not intruded upon.

      6.   The screening requirements that would normally apply where a multifamily development adjoins a single family development shall not apply within the Planned Residential Development , but all screening requirements shall apply between the development and adjacent lots . Preservation of significant natural features shall be documented in the required permit application materials, along with landscaping appropriate to the site, uses and building locations. The provisions for recreation and open space shall be met within the development tract.

      7.   A minimum separation between single-family and multifamily buildings of 60 feet is required. The building to building separation between multifamily buildings is specified in Article 6.

      8.   The minimum dimensional standards for the R-12 PR district are as follows:

         a.   Lot size: 7,500 square feet for overall project density.

         b.   Lot width: 70 feet for detached unit, 50 feet for patio unit or zero lot line.

         c.   Front setback: Patio or zero lot line 15 feet or 20 feet with garage (other units must meet setbacks according to lot size).  Side setback: Patio or zero lot line aggregate of 15 feet minimum seven feet.

            Corner side setback: Patio or zero lot line is 15 feet or 20 feet with garage.

            Rear setback: Patio or zero lot line is 20 feet.

(Ord. No. 3396, § 3, 4-3-06; Ord. No. 3523, § 2, 8-4-08; Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)