6.10. Measurement and exceptions.

   A.   Density. Density refers to the number of dwelling units per unit of land area. Density is calculated by dividing the number of dwelling units on a site by the gross area (in acres) of the site on which the dwelling units are located. The number of dwelling units allowed on a site is based on the presumption that all other applicable standards will be met. The maximum density established for a district is not a guarantee that such densities may be obtained, nor shall the inability of a development to achieve the stated maximum density be considered sufficient justification for varying or otherwise adjusting other density, intensity or dimensional standards.

   B.   Lot area.

      1.   Measurement. Lot area refers to the gross horizontal land area within lot lines, including any wetlands. No conservation buffer or other officially designated buffer area shall be included within the boundaries of any lot.

      2.   Exceptions. No building permit or development approval may be issued for a lot that does not meet the minimum lot area requirements of this UDO except in the following cases:

         a.   Nonconforming lots may be used in accordance with the provisions set forth in Article 9.

         b.   Utilities using land or an unoccupied building covering less than 1,000 square feet of site area shall be exempt from minimum lot area standards.

      3.   Absence of sewer or water. In the absence of public water or public sewer, no building permit shall be issued until the lot meets all applicable requirements of this UDO and Wake County.

   C.   Minimum lot widths.

      1.   No lot may be created that is so narrow or so irregularly shaped that it would be impracticable to construct on it a building that:

         a.   Could be used for purposes permissible in that zoning district;

         b.   Could satisfy setback requirements for that district.

      2.   Lot width.

         a.   Without limiting the generality of this standard, the following minimum lot widths are deemed presumptively to satisfy the standard. The lot width shall be a straight line measurement between opposite-side boundaries at the minimum required setback from the street , sufficiently distant from the street to meet the setback requirement and permit compliance with the standard. For instance, a cul-de-sac lot may not be 80 feet wide at the 35 feet front setback, but may be 80 feet wide 45 feet into the lot . Lot width would be measured at the 45 foot line except as provided for under D.3 of this section.

         b.   The minimum lot width of any rental space in a manufactured home park shall be 50 feet. The minimum lot width in an RMH zoned manufactured home subdivision shall be 70 feet.

         c.   No lot created after the effective date of this UDO having less than the recommended width shall be entitled to a variance from any building setback requirement.

         d.   The minimum lot width in a cluster development shall follow the provisions set forth in Article 6.

      3.   Flag lots. Flag lots are defined as an irregularly shaped lot where the buildable section (flag) of the lot is connected to a public or private street by a narrow nonbuildable strip of land (pole). The front setback line will be measured from that lot line more or less parallel to the public or private street.

         a.   The Town discourages the creation of flag lots in subdivisions . A flag lot will only be permitted via a successful Variance .

         b.   In addition to the standards of a Variance, flag lots are prohibited unless the BOA determines one of the following applies:

            i.   Necessary to eliminate access onto a major thoroughfare;

            ii.   Necessary to reasonably use irregularly shaped property;

            iii.   Necessary to reasonably use land with significant topography limitations;

            iv.   Necessary to reasonably use land with limited sites for septic tank drain fields; or

            v.   Necessary to provide protection of significant environmental resources.

         c.   If approved, the minimum lot width for a flag lot is 20 feet at the street ; however a greater width may be required if the BOA finds that a greater width is needed to ensure adequate and safe access to the property.

         d.   Subdivisions approved and recorded after the effective date of this ordinance shall not be re-subdivided to create flag lots .

         e.   No flag lot will be allowed if it increases the number of access points to a major thoroughfare.

   D.   Setbacks. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this section.

      1.   Features allowed within setbacks. No enclosed usable space of a structure may project into any required yard space, except in the case of permitted rear yardaccessory building. The following features may be located within a required setback:

         a.   Trees, shrubbery or other landscape features.

         b.   Fences and walls that meet the standards in Article 5.

         c.   Driveways may be located in any setbacks.

         d.   Sidewalks may be located within any required setback.

         e.   Utility lines, wires and associated structures , such as power pole.

         f.   Uncovered porches, uncovered steps to building entrances, uncovered patio decks and uncovered balconies may extend up to five feet into any required front, rear or street side setback.

         g.   Openwork fire balconies and fire escapes may extend up to five feet into any required setback.

         h.   Sills, belt courses, cornices, buttresses, bay windows, eaves and other architectural features may extend up to two feet into any required setback.

         i.   Chimneys and flues may extend up to two feet into any required setback.

         j.   Impervious surface associated with parking, driveways , etc. for single family detached dwellings shall occupy no more than 40 percent of the required front yard as established in Article 11.

      2.   Measurement of setback distances. Setback distances shall be measured from the right-of-way line or property line (as applicable) to the nearest extension of any part of the building that is a substantial part of the building itself and not mere appendage to it (such as a flagpole or antenna).

      3.   Reduction for public purpose. When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose and the remaining setback is at least 50 percent of the required minimum setback for the district in which it is located, then that remaining setback will be deemed to satisfy the minimum setback standards of this UDO.

      4.   Yard exceptions in all zoning districts. The following exceptions shall apply in all zoning districts.

         a.   Projection of open structures into required yards.

            (1)   Porches, canopies, stairways, carports, sundecks and similar structures completely open except for necessary supports, may extend into or over not more than 30 percent of the required rear yard distance or more than 20 percent into a front yard . Open stairways may extend into the front yard setback as required to meet the building code.

            (2)   Projections of the above-described open structures beyond the allowable encroachment of 30 percent into a rear yard or more than 20 percent into a front yard will be permitted only if granted by special exception from the Board of Adjustment. In no case shall any projection into a front or rear yard be greater than 45 percent of the required front or rear yard setback distance. At no time shall an exception be granted if it results in interference with a required sight distance triangle, substantial interference with convenient and enjoyable use of adjacent property or substantial danger to the public health or safety.

            (3)   Projections of the above-described open structures in any required side yard will be permitted only by special exception from the Board of Adjustment. Such projections shall not extend more than 40 percent into the required side yard distance, including gutters, except in no case shall any projection be closer than five feet to the side property line.

      5.   Decorative walls, planting areas and uncovered paved areas, such as stoops, patios, drives not more than three and one-half feet above surrounding grade level, may project not more than 20 percent into any required yard. If such areas are constructed at surrounding grade, they may extend into any yard spaces; except that at-grade swimming pool surroundings shall be no closer to any property line than five feet.

      6.   The Planning Director , or designee, shall grant a deviation of not more than ten percent from any setback or triangulation distance specified in this article when a violation of any such requirements has been created through a good faith error of the property owner or a person acting on his behalf, the error cannot be corrected without substantial hardship or expense, or that granting this relief would not substantially interfere with the convenient and enjoyable use of adjacent property or pose any substantial danger to the public health or safety. Prior to any decision to grant relief under this section, the owners of the directly adjoining properties shall be given notice by certified mail that a request for this encroachment has been made to the Planning Department. The notice given shall give the adjoining property owners a minimum of seven days from the date of receipt to provide any comments regarding the request to the Planning Department. The decision of the director of planning or designee may be appealed to the Board of Adjustment as provided under Section 3.16.

      7.   In NC, CR, SB, I-1 and I-2 districts, gas pump islands (without pay booths) and all canopies not attached to buildings may be permitted to encroach into the required front and corner side yard setbacks up to 75 percent, so long as a minimum front setback of 25 feet or corner side yard setback of 18 feet remains between the right-of-way line and the closest canopy structure support face or pump island; encroachments of 21 percent to 75 percent may be permitted only by special exception granted by the Board of Adjustment. Approval of the special exception may be granted if all required findings can be made. The Board of Adjustment must be able to find that such projections will not interfere with adequate sight distance or negatively impact traffic circulation patterns.

   E.   Minimum building separation.

      1.   In MF-1 and MF-2 districts, the minimum building to building separation for multifamily developments , (other than duplexes), shall be determined through the triangulation formula identified in E.2., below.

      2.   The horizontal length of each exterior wall shall serve as the base of an isosceles triangle, the altitude of which shall be the length of this base line times the appropriate factor from the following table provided no building :

 

Stories in Structure	Factor
1	0.3
2	0.4
3 and above	0.5

 

      3.   These isosceles triangles shall not overlap. However, in no case shall the side yard separation between one-story buildings be less than 15 feet or 20 feet for buildings two-story and above.

   Commentary: Where individual units within a single building vary significantly in location (five feet or more) and, therefore, do not form a continuous straight building line, the isosceles triangle may be applied to each individual unit.

   F.   Building height limitations. For purposes of this section:

      1.   The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building .

      2.   A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Roofs with slopes greater than 75 percent are regarded as walls.

      3.   All buildings may exceed the designated height limit for the district, provided 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

      4.   Exceptions to height limits. Unless otherwise expressly stated, the height limitations of this UDO shall not apply to any of the following:

         a.   Electrical power transmission lines;

         b.   Flagpoles, belfries, cupolas, spires, domes, monuments, chimneys, radio/television receiving antennas or chimney flues; or

         c.   Bulkhead, elevator, water tank, or any other similar structure or necessary mechanical appurtenance extending above the roof of any building if such structure does not occupy more than 33 percent of the area of the roof.

(Ord. No. 3396, § 12, 4-3-06; Ord. No. 3532, § 1, 11-4-08; Ord., 3-16-21)