A. Purpose. The purpose of regulations is to provide an optional land procedure which results in the preservation of open space; protection of , areas and significant existing tree cover; promotion of more efficient and infrastructure networks; and encouragement of a variety of styles or types of residences. should provide a total living environment for residential purposes that is in compliance with the Comprehensive Growth Plan and other applicable local, state or federal laws or regulations.
B. General requirements.
1.
shall be developed on tracts of five acres or more.
2.
may have as permissible
: single-family detached, zero
line and village houses.
3. Public sanitary sewer and water connections shall be required for every
or
in a
, except in the R-40 district, where the Wake County Health Department may approve a shared private sanitary sewer and water system.
4. A master plan shall be required to be submitted if the
is to be the initial phase of a larger
. Final
approval procedures according to the requirements of the UDO shall apply to all
.
5. Each individual
containing single-family detached or attached units shall have public or private
access according to the criteria listed in applicable sections of this UDO.
6. 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
and shall be duly recorded with the final
in the Wake County Register of Deeds Office by the applicant.
7. A pre-application conference between the
or agent and the staff of the Town of Garner shall be required.
C. Dimensional standards.
1. The maximum permissible gross density in a
shall be that set forth for the applicable single family zoning district in the Table in Article 6.
in the MF-1 and MF-2 zoning districts shall be limited to a maximum of six dwellings per acre. Land not required for residential
and associated
shall be maintained as undisturbed permanent open space except for required
management devices provided no more than 25 percent of open spaces areas are devoted to such
.
2.
containing single-family
may use the minimum dimensional standards shown in the table below.
R-40, R-20 | R-15, R- 12, R-9 | MF-1, MF-2 |
R-40, R-20 | R-15, R- 12, R-9 | MF-1, MF-2 | |
Dimensions: | |||
, minimum | 12,000 sq. ft. | 6,000 sq. ft. | 5,000 sq. ft. |
width, minimum | 70 ft. | 50 ft. | 50 ft. |
Minimum Yards: | |||
35 ft. | 20 ft. | 20 ft. | |
25 ft. | 20 ft. | 15 ft.* | |
10 ft. | 10 ft. | 7.5 ft.** | |
Corner | 25 ft. | 20 ft. | 15 ft.*** |
Maximum Height | 35 ft. | 35 ft. | 35 ft. |
* The rear setback for
that abut open space may be reduced to ten feet as long as the overall width still meets or exceeds the otherwise required setback width.
** The interior side setback may be reduced to a minimum of five feet when individual building footprints are shown on the preliminary
. In such cases a five-foot property maintenance easement must be provided on the adjoining property and recorded on the final
.
*** The corner side setback may be reduced to a minimum of ten feet when individual building footprints are shown on the preliminary
and no garage access is provided on the corner side and the Town Engineer, determines there is no sight distance obstruction or public safety concern that results.
3. a. When a
located in the R-40, R-20, R-15, R-12 or R-9 zoning district adjoins a
zoning district or an existing single family
then one of the following shall be required:
i. if the perimeter row of
in the
is to be reduced in size below the minimum
size of the adjoining
zoning district, then a perimeter
measuring at least 50 feet in width along the affected perimeter of the said
shall be required. No land disturbing activities are allowed within this
.
ii. if the perimeter row of
in the
is not reduced in size below the minimum
size of the adjoining
zoning district or
, then a 50 foot perimeter
is not required.
b. i.
in MF-1 and MF-2 zoning districts shall provide a 30 foot perimeter
along the entire boundary of the
that adjoins a
zoning district or a single family
. No
are allowed within this
except for required landscaping. Such perimeter
must have the required mix of plant material that meets 50 percent of the perimeter landscape
planting requirements of the Landscape Ordinance.
ii. No
shall be required where the
are the same size or larger than those on the adjacent residential parcel.
4. No garage door shall be located closer than the lesser of the minimum setback or 20 feet back from the right-of-way line, or rear edge of the adjacent sidewalk, whichever is greater, in order to ensure that vehicles parked on the
do not hinder pedestrian access.
D. Open space standards. Open space in shall be no less than 25 percent of the gross area of the tract. All open space provided in a shall meet the following criteria in addition to the requirements of this UDO:
1. Open space shall abut 40 percent of the
within the
and shall be well distributed throughout the
so as to achieve the requirement herein.
2. All open space areas shall be at least 20 feet in width, except the open space that is provided around the perimeter of a
. Such open space areas shall be undisturbed.
3. All open space shall be linked, either directly or across
rights-of-way.
(Ord. No. 3417, § 1, 7-5-06; Ord., 3-16-21)