§ 157.052  DWELLING, MULTI-FAMILY.
   Multi-family dwellings include, as defined in this chapter, apartments, condominiums, duplexes, triplexes, and townhomes, and are subject to the following.
   (A)   The County Planning Board shall receive this request first and shall make a recommendation to the Board of Adjustment within 30 days after its first consideration.
   (B)   Minimum lot area: one acre.
   (C)   Parking shall comply with §§ 157.085 and 157.086.
   (D)   Plans are required and must include: structures (location of buildings, signs, and sign sizes), circulation (proposed points of access and egress and pattern of internal circulation), and parking (layout of parking spaces per §§ 157.085 and 157.086).
   (E)   Maximum height (see § 157.010 “building height”, “basement”, and “ground/grade level”) in areas bordering Lake Gaston and Kerr Lake is no more than two stories in height, plus a basement which is that portion of a building partially or completely below grade, all other areas of the county may be a maximum of three stories plus a basement which is that portion of a building partially or completely below grade level.
   (F)   Minimum building setbacks within the development and 20 feet combined front and rear. Side setbacks may be zero for the interior side setback between attached units where applicable for developments with multiple buildings on the same lot, distances between structures shall comply (for the purposes of fire safety/sprinkler systems) with the most current provisions of IBC (International Building Code) and North Carolina State Building Code for apartments and condominiums.
   (G)   Roadway setbacks shall be equal to those required for the appropriate zoning category, unless the proposed development is a planned unit development (PUD) and meets the conditions for that approval process, then the following shall apply:
      (1)   From all other streets, the roadway setback between the front of the dwelling and the roadway shall be no less than 18 feet when parking is provided between the dwelling and the roadway, or ten feet when parking is not provided between the dwelling and the roadway (at the rear of the property or on the side of the property).
      (2)   When parking is provided between the dwelling and the roadway the 18 feet will be measured from the inside edge of the sidewalk or back of curb if no sidewalk is required.
   (H)   Firewall requirements (individual units) must be provided in accordance with the most current provisions of IBC (International Building Code) and North Carolina State Building Code standards and when exterior walls of individual dwelling units on individual parcels are placed within six feet of one another.
   (I)   Permanent common open space required is 20% of the total parcel proposed for development, excluding dedicated right-of-way. The Planning Board may allow this requirement to be reduced to 10% of the total parcel area when a portion of this common space preserves significant tree coverage located outside of required buffers.
   (J)   Roof eaves may encroach two feet into an adjoining lot (in the same project development only).
   (K)   A five-foot maintenance and access easement with a maximum eave encroachment easement of two feet within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance.
   (L)   Maximum density requirements of 12 dwelling units per gross acre with a maximum number of units per building of eight and a maximum building height of three stories, where the height shall be above grade, measured at the level grade of the topographical surface.
   (M)   A setback of at least 30 feet shall be provided around the entire perimeter of the site. Parking spaces and accessory buildings shall not be allowed in the required yard.
   (N)   Access for emergency vehicles to all buildings in the complex shall be provided.
(Ord. passed 5-7-2018; Ord. passed 6-7-2021)