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SEC. 9-4-145 DEVELOPMENT STANDARDS.
   (A)   Lot dimensions.
      (1)   Net area: 15,000 square feet.
      (2)   Primary width: 75 feet at the minimum building line.
      (3)   Secondary width: 16 feet, provided that when combined with adjoining common lots the total width equals or exceeds the primary width. Lots established prior to April 9, 1981 may have a minimum secondary width of 14 feet.
   (B)   Setbacks for principal structures.
      (1)   Public street right-of-way: 25 feet.
      (1)(A)   Public street right-of-way for single-family and/or two-family attached developments: 15 feet.
      (2)   Private street easement: Ten feet.
      (3)   Group development peripheral boundary: 20 feet.
      (4)   Single structure peripheral boundary:
         (a)   Side building wall elevation: Ten feet.
         (b)   Rear building wall elevation; 20 feet.
   (C)   Setbacks for accessory structures.
      (1)   Detached accessory structures:
         (a)   Public street right-of-way: 25 feet.
         (b)   Private street easement: Ten feet.
         (c)   Peripheral boundary: In accordance with Article G.
         (d)   No accessory structure shall be located in any front or side building wall elevation peripheral boundary, separation setback or yard.
         (e)   Shall not be located within ten feet of any principal or attached accessory structure or within five feet of any other detached accessory structure except as further provided under subsection (C)(1)(f) below.
         (f)   Detached accessory structures may share a common party wall of unspecified minimum length with other detached accessory structures; provided, however, if there is an offset of the wall, the offset or separation shall be not less than five feet.
         (g)   Shall not cover more than 20% of any individually designated, reserved or common area.
         (h)   Specific accessory structures such as satellite dish antennae and swimming pools shall comply with the applicable provisions of Article F.
      (2)   Attached accessory structures:
         (a)   For purposes of this section any accessory structure attached to a principal structure shall be subject to the height, open space, setback, building separation and bufferyard requirements of the principal structure except as further provided.
         (b)   Attached accessory structures may project into a rear building wall elevation peripheral boundary or rear building wall elevation separation setback provided the projection meets all of the following requirements:
            1.   The maximum individual projection, including and in addition to the requirements set forth under section 9-4-102. Projections into required yards shall not exceed ten feet;
            2.   Access to and from the accessory structure shall be by an exterior doorway. No interior window or doorway shall be permitted;
            3.   No attached accessory structure shall be considered or utilized as habitable space;
            4.   The combined horizontal dimension of all attached accessory structures shall not exceed 30% of the horizontal dimension of the exterior rear wall elevation of the common principal structure to which attached;
            5.   Attached accessory structures may share a common party wall of unspecified minimum length with other accessory structures; provided, however, if there is an offset of the wall the offset shall be subject to subsection (C)(2)(b)6. below;
            6.   Attached accessory structures, associated with a common principal building, which do not share a common party wall with other attached accessory structures shall be separated by not less than five feet; and
            7.   Shall not be located within ten feet of any adjacent principal or attached accessory structure or detached accessory structure.
   (D)   Setbacks for recreation areas.
      (1)   Active: No portion of an active recreation area shall be located within the peripheral boundary setback or less than 20 feet from any dwelling unit.
      (2)   Passive: May be located within the peripheral boundary setback in accordance with the bufferyard regulations.
   (E)   Building separation within group developments containing two or more principal structures on one lot of record.
      (1)   No portion of a principal structure front or rear building wall elevation shall be located less than 40 feet from an adjacent principal structure front or rear building wall elevation as measured at 90 degrees, except as provided herein.
      (2)   No portion of a principal structure side building wall elevation shall be located less than 20 feet from an adjacent principal structure as measured at 90 degrees, except as provided herein.
       (3)   Single-family and two-family attached group developments shall be exempt from subsections (E)(1) and (2) above, provided the structures meet all other requirements of this section.
      (4)   No portion of any principal structure shall be located less than 16 feet from any other principal structure as measured to the closest point.
      (5)   No two units or structures shall be considered attached unless the units or structures share a five-foot common party wall.
      (6)   Architectural extensions including but not limited to bay windows, chimneys, open porches and decks, roof overhangs and balconies shall not be considered in calculating building separation, provided the encroachments are not more than three feet.
   (F)   Building height. No structure shall exceed 35 feet in height above the property grade unless the required setbacks and building separations are increased one foot for each one foot or fraction thereof of building height in excess of 35 feet.
   (G)   Building length. No contiguous unit or series of attached units shall exceed a combined length of 260 feet, except as provided herein. Any building which exceeds 260 feet shall be designed and constructed with the appropriate firewall(s) and/or equipped with a sprinkler system in compliance with either the North Carolina State Building Code, General Construction, Volume 1, or the North Carolina Building Code, Volume 1-B, Residential, whichever is applicable, or both if both are applicable.
   (H)   Setback exemption. The minimum non-screening Bufferyard B setbacks set forth under section 9-4-119, and/or minimum street right-of-way building setbacks may be reduced by up to 10%, at the option of the owner, where the reduction is necessary to retain an existing ten-inch-plus caliper large tree, provided:
      (1)   The tree is determined, by the Director of Planning and Development Services or his or her designated representative, to be either natural growth (seedling) vegetation or that the tree has been in existence for not less than 20 years at the current location, otherwise previously transplanted trees shall not qualify for purposes of this section;
      (2)   That the reduction is indicated upon an approved site plan; including the location, type and caliper of the subject tree, and the building separation and future no-build zone as further described;
      (3)   That a building to tree trunk separation of not less than ten feet is maintained at the time of initial construction;
      (4)   No new future buildings, expansions or additions to existing buildings, or other impervious areas including parking areas and/or drives, shall be allowed to encroach into a designated future no-build zone, described as a ten-foot radius from the center of the trunk of the retained tree; and
      (5)   A six-inch or greater caliper large tree shall be substituted in replacement of any dead or diseased tree qualified under this requirement, at the location of the removed tree, within 60 days of removal of the tree by the owner or within the period following notice by the city.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 2438, §§ 1, 2, passed 3-12-1992, Ord. No. 05-123, § 5, passed 10-13-2005; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 15-058, § 1, passed 10-8-2015; Ord. No. 15-024, § 1, passed 5-14-2015; Ord. No. 19-045, § 1, passed 9-12-2019; Ord. No. 21-019, §§ 18, 19, passed 4-12-2021)