CHARLOTTE CODE

1 CHARLOTTE CODE 12 - 1 PART 1: SUPPLEMENTAL DEVELOPMENT STANDARDS CHAPTER 12: DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY PART 1: SUPPLEMENTAL DEVELOPMENT STANDARDS Section Every lot must abut a street. No building, structure or use of land for any purpose may be placed on a lot, which does not abut a street, except for agricultural purposes, and as, provided in Sections (8), and the following exceptions: (Petition No. 2005-104 ,0 9/19/05), (Petition No. 2011-058 10-17-11) (1) A single family detached dwelling may be constructed on a lot that does not abut a street, provided that the lot is at least 2 acres in size, is provided with access to a public street by an easement at least 15 feet in width for the exclusive use of the detached dwelling, and the easement is maintained in a condition passable for emergency and service vehicles.

2 All lots must be created in accordance with the subdivision ordinance, if they were not recorded prior to May 1, 1989. (2) Attached and multi-family dwellings need not abut a street, provided that all portions of every dwelling unit are within 400 feet of a public or private street that furnishes direct access to the property and that access to each dwelling unit will be made available via either a public right-of-way or a private street or vehicular or pedestrian way owned by the individual unit owner in fee or in common ownership. (3) Driveways in a research, institutional, office, business or industrial district may be used to provide access to uses in any of these districts which are located on lots which do not abut a street.

3 Any such lot, which existed prior to May 20, 1985, may be used as if it abutted a street, provided that it is served with a driveway built to appropriate standards located on a permanent, recorded easement. (4) Nothing in this Section exempts any property from the provisions of the subdivision ordinance, which regulate the division of land. In any case, when there appears to be contradicting or overlapping standards or requirements, the more restrictive standard or requirement will control. (5) Lots or building sites which are 1) part of a larger nonresidential development, such as a shopping center, or 2) part of a larger mixed-use development, such as a mixed-use building, need not abut a street so long as the overall site abuts a street and is designed in such a manner and way that access is furnished to all interior lots or building sites.

4 CHARLOTTE CODE 12 - 2 PART 1: SUPPLEMENTAL DEVELOPMENT STANDARDS (6) Previously developed sites that are a unified development , such as an office, business, or industrial park or project, that have not been subdivided previously, and that were created prior to January 1, 1988 need not abut a street so long as the overall site abuts a street and is designed in such a manner and way that recorded access or an easement is furnished to all interior lots or building sites, or the lots/sites abut a street. All newly created lots shall meet the requirements and standards of the Zoning Ordinance with the following exceptions: (a) Lots that abut property outside of the unified development, shall be required to meet the minimum yard and screening requirements and standards of the Zoning Ordinance, including minimum yard and screening requirements along common property lines.

5 (b) Interior lots that do not abut property outside of the unified development, shall be required to meet the minimum yard and screening requirements of the Zoning Ordinance, unless that location or configuration of the existing development on the site (such as buildings, parking areas, loading docks, etc.) would be in conflict with these requirements. If the required minimum yard and minimum screening can not be met, the Planning Director may waive the requirements, after consulting with the Zoning Administrator. (Petition No. 2004-77, ,(6)(a)(b), 9/20/04) Section Special lot, setback, yard and building envelope requirements.

6 The following are various lot setback, yard and building envelope requirements to address unique land use circumstances and provide development flexibility: (Petition No. 2006-93, , 11/20/06) (1) Any use, building, or structure in a research, office, business, industrial, or institutional district located on a lot abutting a lot in a residential zoning district with setbacks off the same street shall meet the minimum setback requirement for uses permitted by right in the abutting residential zoning district. (2) Side and rear yards will not be required for lots used for nonresidential purposes when such side or rear yard would be adjacent to railroad rights-of-way in the research, office, business, and industrial districts.

7 CHARLOTTE CODE 12 - 3 PART 1: SUPPLEMENTAL DEVELOPMENT STANDARDS (3) Side yards and rear yards may be measured from the center line of alleys which adjoin lots in any district. However, if the alley separates lots in residential districts from lots in nonresidential districts, this allowance will not apply. (4) If both the setback and rear yard of a lot abut public streets, then the required rear yard shall be the same as the required setback in the district. (5) Elevated pedestrian walkways, including those over public rights-of-way, may be located in any required yard or setback area provided they do not create a visual obstruction for motor vehicle traffic and have all other governmental approvals for its location over the public right-of-way.

8 It is the intent of this provision that these walkways be as nearly perpendicular to the required setback or yard as possible. (6) If two corner lots are separated by a common rear lot line, the common side yards of the lots on the street must be a minimum of 50 percent of the required setback for the district in which the structure is located as illustrated in Figure (a). CHARLOTTE CODE 12 - 4 PART 1: SUPPLEMENTAL DEVELOPMENT STANDARDS (7) If, in any district, a corner lot has a rear lot line in common with a side lot line of an abutting lot, then the side yard on the street side of the corner lot must be at least 50 percent of the required setback for the abutting lot as illustrated in Figure (b).

9 (Petition No. 2010-025, , (7) 05/17/10) CHARLOTTE CODE 12 - 5 PART 1: SUPPLEMENTAL DEVELOPMENT STANDARDS (8) If a lot is fronted on three sides by streets, the setback requirement for the district shall be applied only on the two opposing street fronts. The required side yard on the third street front must be at least one-half the required setback in that district. The yard opposite the third street front must be at least the minimum side yard requirement for the district. If the lot is fronted on four sides by streets, two opposing streets shall have the minimum required setbacks and the other two streets must have side yards of one-half the required setback.

10 (9) The location of required setback, side and rear yards on irregularly shaped lots will be determined by the Zoning Administrator. The determination will be based on the spirit and intent of this ordinance to achieve an appropriate spacing and location of buildings on individual lots. (10) All residential lots shall have a building envelope sufficient to meet the requirements of the Minimum Housing Code. (Petition No. 2006-93, (10), 11/20/06) Section Requirements for lots along thoroughfares. 160A-306 states that cities shall have authority to (i) classify all or a portion of the streets within their jurisdictions according to their size, present and anticipated traffic loads, and other characteristics relevant to the achievement of the purposes of this Section, and (ii) establish by ordinance minimum distances that buildings and other permanent structures or improvements constructed along each class or type of street shall be setback from the right-of-way line or the center line of an existing or proposed street.