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9.3.2.   Measurements, Generally
   A.   Straight Lines. Unless otherwise stated in this Ordinance, distances specified in this Ordinance are to be measured as the length of an imaginary straight line joining two points.
   B.   Rounding. All calculations that result in a fractional unit or part of a whole number, the number shall be rounded up to the next highest whole number, unless otherwise provided in this section or elsewhere in this Ordinance.
   C.   Irregular Shapes. In cases where an irregular shape complicates the application of these standards, the Planning Director shall determine the applicable dimensional, setback, or bulk standards in accordance with the standards in this section and Section 2.2.12, Interpretation.
   D.   Separation.
      1.   Lot to Lot. When the provisions of this Ordinance require separation between two or more lots, or a lot and another feature, separation shall be measured by drawing straight lines from the nearest point of one lot line to the nearest point of the lot line subject to the separation requirement (see Figure 9.3.2.D: Separation).
      2.   Use Type to Use Type. When the provisions of this Ordinance require one use type to be separated from another use type, separation shall be measured by drawing straight lines from the nearest point of the wall of one existing or proposed principal structure to the nearest point of the wall of another existing or proposed structure subject to the separation requirement.
Figure 9.3.2.D: Separation
   E.   Abutting Versus Adjacent.
      1.   Abutting. The term abutting describes a condition where two or more features (a lot line, building, driveway, etc.) are immediately beside or next to one another either on the same lot or on different lots sharing a common lot line.
      2.   Adjacent. The term adjacent describes a condition where two or more similar features (a lot line, building, use type, structure, site feature, etc.) are proximate to one another, but are separated by some form of intervening feature, such as a street, alley, water feature, railroad, lot or property under separate ownership, or natural feature of sufficient size so as to prevent direct site or impede the movement of sound from one feature to another.
(Ord. 2020-36, passed 12-2-2019)
9.3.3.   Lot Dimensions
   A.   Lot Measurements.
      1.   Acreage. The total number or gross number of acres on a tract or site.
      2.   Lot Depth. The dimension measured from the front of the lot to the extreme rear line of the lot. In case of irregularly shaped lots, the mean depth shall be taken.
      3.   Lot Width. The width of a lot is measured at right angles to its depth at the edge of the street setback or at a proposed building setback line, whichever is further from the street right-of-way.
      4.   Minimum Lot Area. The minimum amount of required land area, measured horizontally, that must be included within the lines of a lot (see Figure 9.3.3.A: Lot Measurement). Lands located within any private easements shall be included within the lot area.
      5.   Street Frontage. The length of the lot line of a single lot abutting a public or existing private street right-of-way.
Figure 9.3.3.A: Lot Measurement
   B.   Lot Lines. A lot line is a line of record bounding a lot which separates one lot from another lot or separates that lot from a public or private street or any other public space (see Figure 9.3.3.B: Lot Lines). The following terms describe differing types of lot lines:
      1.   Front Lot Line. The lot line connecting the two side lot lines along the edge of the street that provides a lot's street address or that opposes the primary entrance of a building.
      2.   Rear Lot Line. The lot line opposite and most distant from the front lot line.
      3.   Side Lot Line. The lot line connecting the front and rear lot lines regardless of whether it abuts a right-of-way or another lot line.
Figure 9.3.3.B: Lot Lines
   C.   Lot Types.
      1.   Corner Lot. A lot which occupies the interior angle at the intersection of two street lines or a single street which make(s) an angle of more than 45 degrees and less than 135 degrees. The front of the lot is the lot line adjacent to the street from which the lot obtains its street address.
      2.   Flag Lot. A lot having shape and configuration so that it connects to street frontage by an extension and/or arm of the main portion of the lot.
      3.   Interior Lot. A lot other than a corner lot with only one frontage on a street.
      4.   Lot of Record. A lot that is a part of a subdivision, a plat of which has been recorded in the office of the Wake County Register of Deeds, as appropriate or a lot described by metes and bounds, the description of which has been recorded with the Wake County Register of Deeds, as appropriate.
      5.   Through Lot (Double Frontage Lot). A lot which fronts upon two parallel streets, and/or which fronts upon two streets which do not intersect at the boundaries of the lot.
Figure 9.3.3.C: Lot Types
   D.   Lots Serving Condominium Use Types. Individual condominium uses, whether residential or nonresidential, are exempted from minimum lot area requirements in this Ordinance, but shall be located on a larger site or parent tract that meets the standards for the zoning district where located.
(Ord. 2020-36, passed 12-2-2019)
9.3.4.   Setbacks
A setback is the horizontal distance from a lot line or street right-of-way line to the nearest part of the applicable building, structure, sign, or activity, measured perpendicularly to the line.
   A.   Perimeter Setback. Setbacks applied to multiple building developments or multiple lot developments that apply only to the outermost buildings along the perimeter of a development. A perimeter setback does not apply along streets.
   B.   Rear Setback. A setback from an interior lot line lying on the opposite side of the lot from the front setback.
   C.   Side Setback. Any interior property line setback other than a rear setback.
   D.   Setbacks from Railroads or Sidings. Lots in business or special district abutting a railroad or railroading siding are not required to provide a side or rear setback from the railroad or siding.
   E.   Street Setback.
      1.   A setback measured from the right-of-way edge associated with a public or existing private street.
      2.   The street setback is a minimum setback, and nothing shall prohibit a building from being located farther from the street right-of-way.
      3.   In cases where the street right-of-way edge is not readily identifiable, the location of the right-of-way edge shall be determined by measuring outwards from the street centerline one-half of the total right-of-way width. The right-of-way edge location shall be certified by a professional engineer or land surveyor licensed by the State of North Carolina.
      4.   Lots shall provide a street setback from all lot lines abutting a street (excluding alleys).
(Ord. 2020-36, passed 12-2-2019)
9.3.5.   Setback Encroachments
Table 9.3.5: Allowable Encroachment into Required Setbacks, sets out the kinds of features that are permitted to encroach within a required setback, provided they do not obstruct visibility for motorists at any street intersection (see Figure 9.3.5: Setback Encroachments).
TABLE 9.3.5: ALLOWABLE ENCROACHMENT INTO REQUIRED SETBACKS
Feature
Maximum Allowable Encroachment Distance into a Required Setback
TABLE 9.3.5: ALLOWABLE ENCROACHMENT INTO REQUIRED SETBACKS
Feature
Maximum Allowable Encroachment Distance into a Required Setback
Awnings
May encroach into any setback up to eight feet, but shall maintain a minimum height of at least nine feet above a sidewalk or other pedestrian access
Balcony or Bay Window
May extend up to four feet into any required setback within a residential zoning district, but shall be no closer than three feet from any lot line
Bicycle Parking Facilities
Allowed within a setback, but no closer than five feet to the edge of the pavement of a street
Canopy, Attached
May encroach into any setback up to three feet, but shall maintain a minimum height of at least nine feet above a sidewalk or other pedestrian access. In the CBD district, a canopy shall maintain a minimum distance of at least two feet from the back of the curb
Canopy, Freestanding
May be located in a setback provided no portion is closer than 15 feet to a street right-of-way
Chimneys, Fireplaces, Outdoor Kitchens, or Steps
May extend up to four feet into any setback, but shall be no closer than three feet from any lot line
Cornice, Beltcourse, or Sill
May extend up to one-and-one-half feet into any required setback
Decks, Covered
Subject to the setbacks applied to principal structures
Decks, Uncovered
Subject to the setbacks applied to principal structures
Decks, Uncovered -Within Six Inches of Grade
May extend up to four feet into a required side yard or ten feet into a required front or rear yard
Driveways
May be located in any required setback
Elevators and Similar Mechanical Devices
May encroach into side setbacks no more than 18 inches and rear setbacks no more than 36 inches
Fences or Walls, Excluding Retaining Walls
May be located in any required setback, subject to the limitations in Section 5.5, Fences and Walls, but shall not be located within a required sight distance triangle
 
TABLE 9.3.5: ALLOWABLE ENCROACHMENT INTO REQUIRED SETBACKS
Feature
Maximum Allowable Encroachment Distance into a Required Setback
Flagpoles, Mailboxes, Lamp and Address Posts
May be located in any required setback
Garage
May be located within rear yard, provided the structure is more than 10 feet from the principal dwelling
Gazebo or Garden Structure
May not be located within a street setback
Handicap Ramps
May be located in any required setback provided it does not unduly obstruct pedestrian or vehicular access
Outdoor Equipment (e.g., HVAC condenser, water heater, etc.) Serving Single-Family Detached Residential Use
May extend up to four feet into any required setback
Outdoor Equipment Serving a Use Other than Single-Family Detached Residential
May encroach into a required setback except when the required setback is five feet or less
Outdoor Seating Areas Serving a Nonresidential Use
May encroach into a setback up to eight feet
Outdoor Storage
May not encroach into a required setback
Patio, Covered
Subject to the setbacks applied to principal structures
Patio, Uncovered
May extend up to four feet into a required side yard or ten feet into a required front or rear yard
Pet Shelters
Subject to the setbacks applied to principal structures
Playground Equipment Accessory to a Residential Use
When located ten or more feet from the principal structure, may be located within five feet of a side or rear lot line, but shall not be located within a required street setback
 
TABLE 9.3.5: ALLOWABLE ENCROACHMENT INTO REQUIRED SETBACKS
Feature
Maximum Allowable Encroachment Distance into a Required Setback
Retaining Walls
May encroach into a required setback
Roof Eaves, Rakes, and Overhangs
May extend up to four feet into any required setback
Signs
May extend into any required setback in accordance with Section 5.11, Signage
Swimming Pool (including all ancillary appurtenances)
May extend into a required side or rear setback, but shall be no closer than five feet to a lot line or ten feet from the principal structure
Underground Structures (including septic systems but excluding swimming pools)
May be located in any required setback
Vegetation and Landscaping Features
May be located in any required setback
Vehicular Off-Street Parking Area
May be located in any required setback provided that no parking area is located within five feet of the street right-of-way
Well House (functional or aesthetic)
May be located in any required setback, but shall be no closer than eight feet from a right-of-way
 
Figure 9.3.5: Setback Encroachments
(Ord. 2020-36, passed 12-2-2019)
9.3.6.   Residential Density
Residential density is the maximum allowable number of residential dwelling units permitted on a particular site, tract, lot, or other unit of land area, typically expressed as a maximum number of residential units per acre.
   A.   Calculation.
      1.   Maximum residential density is calculated by dividing the square footage of a lot by the number of square feet in an acre (43,560), then multiplying the maximum number dwelling units allowed in the zoning district, and rounding the product downwards to remove any fractions.
         Example:
         Lot size: 52,000 square feet / 43,560 = 1.19 acres.
Zoning district maximum density is 1.08 units per acre: 1.19 x 1.08 = 1.28. Maximum number of residential units = 1 (fractions are rounded downwards).
      2.   Land area associated with floodplains and riparian buffers may be included in the calculation of the square footage of a tract or site for the purposes of determining the maximum residential density.
      3.   Land area located within a right-of-way shall not be included in the calculation of allowable density.
      4.   Maximum residential density in a particular zoning district may be increased beyond the amount stated in Article 3: Districts, in accordance with the standards in Section 5.12, Sustainability Incentives.
   B.   Density Equivalence.
      1.   Accessory dwelling units associated with a single-family residential principal use shall not be counted towards the maximum allowable residential density.
      2.   When calculating the density for a private dormitory associated with an educational use, two bedrooms in a private dormitory shall be equivalent to one regular dwelling unit.
      3.   Maximum density amounts do not apply to student housing or lodging on college or university campuses when the housing is owned or operated by the college or university. In these instances, residential land uses are considered as an accessory to the college or university principal use.
(Ord. 2020-36, passed 12-2-2019)
9.3.7.   Gross Floor Area (GFA)
Gross floor area (GFA) shall be defined as the sum in square feet of all floors of the building measured from the exterior face of the exterior walls. The gross floor area shall include or exclude areas as indicated below:
   A.   Areas Included in Gross Floor Area.
      1.   All enclosed habitable space.
      2.   Elevators, hallways, and stairwells on stories containing habitable space.
   B.   Areas Excluded from Gross Floor Area.
      1.   Unenclosed porches or decks.
      2.   Off-street parking areas, including the elevators, hallways, mechanical equipment, and stairwells on stories containing off-street parking.
      3.   Utility services areas devoted to the electric service, the potable water service, the wastewater system, the telephone service, the cable service, or to a backup generator.
      4.   Mechanical areas and uninhabited enclosed spaces on tops of roofs not intended for general storage.
(Ord. 2020-36, passed 12-2-2019)
9.3.8.   Height
   A.   Measurement. Building height shall be measured from the finished or established grade elevation following any land disturbing activities.
   B.   Maximum Height. Building height is the vertical distance from a point established as the mean elevation of the finished grade along the front facade of a building to any of the following points (see Figure 9.3.8: Building Height):
      1.   The highest point of a flat roof (excluding coping or parapet walls shorter than five feet above the roof deck);
      2.   The deck line of a mansard roof;
      3.   The mid-point of the roof between the ridge and the eaves for a gable, hip, or gambrel roof; or
      4.   To the highest point of a dome, shed, or cricket-style roof.
   C.   Story. A building story is the portion of a building where all rooms share the same floor and ceiling level.
      1.   A crawlspace or basement with an average ceiling height of less than seven feet is not considered as a story.
      2.   An attic with an average ceiling height of less than six feet is not considered a story.
Figure 9.3.8: Building Height
(Ord. 2020-36, passed 12-2-2019)
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