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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)
9.3.9.   Lot Coverage
   A.   Lot coverage is the percentage of a lot or development site that is covered by impervious, or built-upon area.
   B.   Built-upon area includes buildings, structures, pavement, and site features that are impervious or partially impervious to rain or stormwater runoff.
   C.   The following features are not considered impervious, and as a result are not included within the built-upon area:
      1.   A slatted deck or walkway;
      2.   The water area of a swimming pool;
      3.   A surface covered by number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric;
      4.   A trail as defined in Section 143B-139.4 of the North Carolina General Statutes that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); or
      5.   Landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle.
(Ord. 2020-36, passed 12-2-2019)
9.3.10.   Slope and Elevation
   A.   Slope. The degree of deviation of the ground surface from a flat, horizontal elevation, usually expressed in percent or degrees of deviation from horizontal.
   B.   Base Flood Elevation (BFE). A determination of the water surface elevations of the base flood as published in the flood insurance study. When the BFE has not been provided for land within the FHO, it may be obtained from engineering studies available from a federal, State, or other source using FEMA approved engineering methodologies. This elevation establishes the Regulatory Flood Protection Elevation.
   C.   Finished Grade. The established grade following grading, excavation, or other land-disturbing activity.
   D.   Natural Grade. The level of the ground elevation prior to the commencement of development or land disturbing activity (see Figure 9.3.10: Grade Determination).
   E.   Regulatory Flood Protection Elevation. The minimum height allowable for lowest structural member comprising habitable space within a building. This is a height equivalent to two linear feet in elevation above the base flood elevation.
Figure 9.3.10: Grade Determination
(Ord. 2020-36, passed 12-2-2019)
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