4A.8 Multifamily Residential Districts (RM and RM-CN)
4A.8.1 Purpose
The Multifamily Residential Districts (RM) are established to provide sites suitable primarily for multifamily dwellings as well as detached and attached dwelling units. The following districts are established:
| 1. | RM8 | Residential Multifamily low density
|
| 2. | RM12 | Residential Multifamily medium density
|
| 3. | RM16 | Residential Multifamily medium density
|
| 4. | RM20 | Residential Multifamily high density
|
| City Jurisdiction
|
| 5. | RM-CN 40 | Residential Multifamily Compact Neighborhood high density
|
| 6. | RM-CN 60 | Residential Multifamily Compact Neighborhood high density
|
| 7. | RM-CN 80 | Residential Multifamily Compact Neighborhood high density |
The CN district shall only be applied in Compact Neighborhoods as per the Durham 2020 Comprehensive Plan, based on fixed guideway regional transit station areas as designated by the local Governing Body. These transit station areas shall be within one half mile of a regional transit station location identified by either the Triangle Transit Authority or by other agencies responsible for such transit station designation.
4A.8.2 Permitted Uses
- Accessory buildings
- Accessory dwellings [City Only] when associated with detached single family dwellings [subject to the additional requirements of Section 7 for accessory dwellings.]
- Amateur Wireless Facility
- Cemeteries, mausoleums, columbariums, and memorial gardens
- Convalescent centers
- Detached single family dwellings
- Duplex and triplex dwellings (or 2 unit and 3 unit attached dwellings)
- Family care homes
- Golf courses and related activities; driving ranges when associated with the golf course
- Home occupations
- Multifamily dwellings
- Public parks and playgrounds
- Retirement centers and life care communities
- Satellite Dish Antennae
- Wireless Communication Facilities, concealed, concealed attached, co-located or combining on an existing, non-concealed attached, mitigating an existing
4A.8.3 Minor Special Uses Subject to Approval by the Board of Adjustment
1.
Bed and breakfast inns
2.
Boarding houses
3.
Clubs, lodges, and recreation facilities, for use by non-profit organizations
4.
Commercial dorms
5.
Conference centers and retreat centers
6.
Day care facilities
7.
Group homes
8.
Health clubs and athletic facilities
9.
Places of worship
10.
Private schools
11.
Public utility facilities without outdoor storage (County only, City requires Major Use Permit)
12.
Rooming houses
4A.8.4 Major Special Uses Subject to Approval by the Governing Body
1.
Colleges and universities
2.
Government facilities, not to include correctional facilities and jails
3.
Helistops
4.
Public schools
5.
Public utility facilities without outdoor storage (City only)
4A.8.5 Dimensional Requirements
| 1. Minimum lot size:
| 7,500 square feet |
| duplex: | 3,750 square feet per unit |
| triplex | 2,500 square feet per unit |
| 2. Minimum lot width:
| Single family:
| 50 feet |
| Duplex: | 60 feet |
| Triplex: | 70 feet |
| Multifamily: | 75 feet |
4A.8.6 Yard and Setback Requirements
| | 1. | Detached single family, duplex and triplex: |
| | Front yard: | 25 feet from ultimate right-of-way |
| | Side yard: | 8 foot minimum; single family dwelling: 6 foot minimum |
| | Corner lot side yard: | 15 foot minimum on street side and 23 feet total |
| | Rear yard: | 25 feet |
City Jurisdiction:
| | 2. | RM multifamily | Buildings shall be a minimum of 25 feet from front and rear property lines and all public street rights-of-way. |
| | RM-CN multifamily | Maximum front, rear, and side setbacks shall be 20 feet. Setbacks may be increased beyond the maximum for purposes of pedestrian access, open space or transit facilities. |
- Where attached units in RM (not RM-CN) districts are to be subdivided into individual lots for sale:
- Lot lines may conform to centerline walls dividing individual units.
- Side yard requirements may be eliminated except for end units and, in such circumstances, there is no Total Side Yard requirement.
- Duplexes shall provide a lot size of at least 3,750 square feet per unit. (7,500 divided by 2) and triplexes shall provide a lot size of at least 2,500 square feet for each unit (7,500 sq. ft. divided by 3).
- Townhouses shall have a front, side, or rear privacy yard having a minimum area of 100 sq. ft. on each lot. The privacy yard space may be deducted from open space requirement.
County Jurisdiction:
| | 2. | RM multifamily | Buildings shall be a minimum of 25 feet from front and rear property lines and all public street rights-of-way. |
- Where attached units are to be subdivided into individual lots for sale:
- Lot lines may conform to centerline walls dividing individual units.
- Side yard requirements may be eliminated except for end units and, in such circumstances, there is no Total Side Yard requirement.
- Duplexes shall provide a lot size of at least 3,750 square feet per unit. (7,500 divided by 2) and triplexes shall provide a lot size of at least 2,500 square feet for each unit (7,500 sq. ft. divided by 3).
- Townhouses shall have a front, side, or rear privacy yard having a minimum area of 100 sq. ft. on each lot. The privacy yard space may be deducted from open space requirement.
4A.8.7 Building Height
City Jurisdiction:
- RM Districts- (not RM-CN), buildings up to 35 feet in height are permitted with the yard requirements specified in 4A.8.6. A building height of 45 feet is allowed when required yards are increased by an additional 10 feet. A building height of up to 145 feet is allowed on lots of 5 acres or larger with approval of a special use permit by the Board of Adjustment.
- RM-CN Districts:
RM-CN 40:Maximum height 55 feet. An increase in building height to a maximum of 145 feet may be permitted upon Governing Body approval at the time of rezoning action.
RM-CN 60 and RM-CN 80:Maximum height 75 feet. An increase in building height to a maximum of 145 feet may be permitted upon Governing Body approval at the time of rezoning action.
County Jurisdiction:
Buildings up to 35 feet in height are permitted with the yard requirements specified in 4A.8.6. A building height of 45 feet is allowed when required yards are increased by an additional 10 feet. A building height of up to 145 feet is allowed on lots of 5 acres or larger with Board of Adjustment approval.
4A.8.8 Density
| RM 8 | Maximum of 8 units/acre |
| RM 12 | Maximum of 12 units/acre |
| RM 16 | Maximum of 16 units/acre |
| RM 20 | Maximum of 20 units/acre |
| City Jurisdiction |
| RM-CN 40 | Maximum of 40 units/acre |
| RM-CN 60 | Maximum of 60 units/acre |
| RM-CN 80 | Maximum of 80 units/acre |
4A.8.9 RM Building to Building Relationship
- The minimum distance between unattached multifamily dwellings is displayed in the following table. Distance is based on taller building. If other ordinances, such as Building Code, require greater separation then that ordinance shall apply.
| | Minimum for One Story | Additional Distance for Each Additional Floor Above First Floor |
| If either building wall contains a front entrance | 35 feet | 10 feet up to 4 stories, 15 feet for each additional story* |
| If either building wall contains a rear entrance | 30 feet | 5 feet* |
| If building walls contain windows but no public entrance | 20 feet | 5 feet* |
(* Not to exceed 100 feet)
- If parallel buildings overlap for 20 feet or less, the required separation may be reduced by 50%.
- If two buildings are situated so that neither is visible from any window or public entrance of the other and not structurally connected, the minimum distance between buildings shall be 15 feet plus 2.5 feet for each story over 6.
- If two buildings structurally connect, they shall maintain an angle of 90 degrees or more.
- Positioning of buildings that are three stories or greater, to create an inner yard space or court that does not have at least partial visibility to a street yard, or parking area is discouraged.
4A.8.10 Open Space Requirements
- RM Districts:
Open space shall be provided in RM districts in accordance with the open space provisions of Section 4B.1.9 Open Space Requirements (for PDR Districts).
- City Jurisdiction: RM-CN Open Space
- Open Space:Open space in RM-CN districts shall be equal to at least 18% of the total site area. This requirement can be met by provision of both public-access and non-public-access open spaces. Non-public-access spaces may not meet more than 50% of this requirement. Public-access space must constitute at least 50% of the requirement and may be located on the RM-CN site, within the Compact Neighborhood area, or adjacent to the Compact Neighborhood area, within 1000 feet.
The Governing Body may reduce this requirement up to a maximum of 25% in recognition that some recreational provisions are more costly to provide and are expected to serve a greater number of residents, yet occupy a smaller land area than other possible provisions. The reduction allows the Governing Body to determine the appropriate balance so that open space and recreational provisions most suitable to residents of the site and area can be achieved. The Governing Body may grant such a reduction in area of provided open space as part of rezoning or site plan approval. In any event, the open space provided shall address the recreational, aesthetic and open space needs for the development area and be consistent with open space as called for adopted plans for the area.
To grant the reduction, the Governing Body shall find that the proposed open space facilities are 1) appropriate to the project and Compact Neighborhood area, and 2) result in facilities likely to serve more residents as facilities found more typically in residential developments.
- Open Space Public-Access Standards- Open space within a Compact Neighborhood area should form a network of spaces accessible to project and area residents. Pedestrian routes shall connect all parts of the Compact Neighborhood area with open space and recreational facilities, pedestrian-oriented uses, transit stations and other public facilities in the area.
- Payment in Lieu Option- Where a developer proposes to meet part of the open space requirement offsite, and an appropriate offsite public project has been identified, and the development or improvement of such project is imminent or the costs can be reasonably estimated by the Governing Body, the developer may acquire and dedicate land needed for such project or otherwise participate in the project, and shall specify as part of the rezoning Development Plan application how much of the cost of such project is to be contributed by the development. Payment shall be made prior to the issuance of building permits, or certificate of compliance, at the discretion of the Governing Body. Where an appropriate offsite project has not been identified or the costs cannot be reasonably estimated, the developer may make a payment in lieu of providing such space directly for a future public-access open space facility or contributions toward improvements at existing facilities. The Governing Body shall adopt a schedule of fees for such payments. The fee should take into account the amount of open space requirement being provided offsite and the estimated costs typically associated with providing land for that facility within the Compact Neighborhood.
- Impact Fee Credits- Impact fee credits shall be available where the amount of publicly accessible open space provided directly or through in lieu of payments exceeds requirement.
- Definition of Eligible Open Space- Required open spaces may consist of any of the following: parks, plazas, recreation facilities, natural areas, greenways, playgrounds, sitting areas, and other such community gathering areas and play spaces. Properties that have severe development constraints or other conditions that affect their usability by residents may be counted for up to 50% of the total required open space. Property developed for active recreational purposes (such as pools, children's playgrounds, basketball courts) may be counted for up to 50% of the total required open space.
- Limitations on Eligible Open Space- Sidewalk areas along streets are intended primarily for transportation purposes and shall not be counted as public-access open space. Areas adjacent to 'right-of-way' (defined as public right of way or public access easement), beyond the standard 5-foot wide sidewalk, can count as eligible public-access open space if they are 1) not less than 5 feet wide, 2) wide enough to, and actually do, accommodate seating and/or other pedestrian amenities, and 3) are specifically designed for such multiple uses. All pedestrian open space areas should include all-weather walking surfaces, perimeter plantings, and at least two of the following amenities: benches or seating, tables, shelters, gazebos, one or more prepared play areas, play equipment, accessible and visible grassed and landscaped areas, water features, public art, kiosks, trash receptacles and similar amenities. Landscaped areas outside of ROW and between public-access sidewalks and buildings or parking areas may also count for up to 25% of the public-access open space requirement, if they are greater than 10 feet wide and if they are visible and/or accessible from other public-access open space or sidewalks. Streets, driveways and other service areas shall not be counted toward the open space requirements. See Section 4B1.9 of this Zoning Ordinance for more details.
4A.8.11 Additional Requirements for RM districts
- In order to provide visual diversity, no more than 6 contiguous townhouse units shall be allowed with the same setback and the same facade treatment. Variations in setback must be at least 2 feet. In a Historic District, with the approval of the Historic Preservation Commission, townhouse units in excess of 6 units shall be allowed with the same setback and the same facade treatment. Architectural features and facades should provide sufficient architectural variations and scale, and should be compatible with nearby structures by utilizing authentic or historic details.
- Parking shall be provided in conformance with the parking standards found in Section 9 of this ordinance.
- Condominiums shall be recorded in compliance with the North Carolina Condominium Act (NCGS 47C).
- Supporting commercial, office, and institutional uses are permitted in the RM-20 district, subject to the following requirements:
- The multifamily development shall contain 100 or more dwelling units.
- The total floor area of all commercial, office, and institutional uses in the development shall not exceed 5% of the total floor area of all dwelling units or 20,000 square feet, whichever is smaller.
- The total floor area of any single establishment shall not exceed 5,000 square feet.
- Such uses shall be oriented primarily to serving persons living within the development.
- No such use shall have an entrance onto a public street or adjoining property, nor shall any such use display a sign which is visible from any public street or adjoining property.
- Uses shall be limited to: convenience stores, financial institutions, medical clinics, offices, personal service establishments, restaurants, retail shops.
- Site plan approval shall be required for all projects prior to permitting. Single family detached dwellings, triplexes, and duplexes are exempt from this requirement.
- Supplementary requirements of Section 7 may apply depending on the type of development.
- Landscaping and buffers, if required, shall meet the standards of Section 10 of this ordinance.
- Accessory buildings for multifamily developments include but are not limited to: management offices, laundry rooms, and recreation facilities for residents of the development. Accessory buildings must be shown on an approved site plan.
- A pre-1945 single-family dwelling may be converted to a multifamily building subject to the requirements found in Section 7.
4A.8.12 Additional Requirements for RM-CN Districts (City Jurisdiction)- Applicability:RM-CN 40, RM-CN 60 and RM-CN 80 districts and regulations shall only be applied within Compact Neighborhood areas as defined under the 2020 Plan, based on approved locations of fixed guideway regional transit station areas.
- Single Family Transition:If a portion(s) of a multi-family building taller than 35 feet is located within 100 feet of a single family dwelling in a residential district, a buffer obscuring 75% of the view (within 3-5 years) of that portion of the multi-family structure (as viewed from the ground level of the single-family structure) shall be provided. This buffer shall meet the requirements of Section 10.3.1 of the Ordinance. This is intended to encourage 'stepping-down' building height as residential areas are approached. In addition, Class 3 buffer requirements for a 30 foot wide landscaped buffer, as per Section 10.2.4, apply to multi-family developments directly adjoining developed residentially zoned properties. The approving authority may modify these requirements if the applicant demonstrates that changes improve the project's compatibility with adjacent areas and overall design.
- Development Plan Required:A Development Plan is required for all developments being rezoned to RM-CN 40, RM-CN 60, or RM-CN 80 districts. Particular attention shall be given to exterior facades and perimeter site design features to ensure that they are compatible with surrounding development. The building heights, location, and orientation; parking, pedestrian, bicycle and transit use enhancement features; and open space provisions shall be specified in the Development Plan.
- Site plan approval:Site plan approval shall be required in accordance with Section 17.
- Parking Requirements:Given the limitation of these districts to within Compact Neighborhoods based on regional transit station locations, limitations on parking to encourage the use of available transit are appropriate. The parking standards cited in Section 9.4 are maximum, rather than minimum, standards in these districts. Reductions by up to 40% of the applicable standard can be granted by the approving authority once transit service is available if adjacent areas are protected from over-flow parking due to the reduced on-site provision of spaces. Enhanced bicycle, pedestrian and transit use facilities shall be primary among the considerations for such a reduction.
- Tree Coverage:The tree coverage requirements of Section 10 shall apply.
- Supporting Commercial and Office Uses:Supporting commercial and office uses that provide services or work to nearby residents and are compatible with nearby residential uses may be approved for the RM-CN districts, subject to the following requirements:
- The development contains at least 100 dwelling units.
- The location of retail and/or office uses in the same structure as the residential units, or in a structure physically attached to the residential structure, is required, unless it is persuasively demonstrated that it is not feasible to physically attach the non-residential uses to the residential structure(s). When allowed to be located in separate structures the buildings housing such uses must be fully architecturally compatible with the residential structure(s).
- To assure that the commercial and/or office uses are supportive of the RM-CN project, site plan approval and building permits for at least 25% of the residential units shall have been issued before building permits for the retail and/or office uses can be issued. The site plan approving authority may waive this requirement when residences are located in the same building as the retail and/or office uses.
- The retail and/or office uses must provide ground-level direct public street access deemed adequate by Durham Public Works Department.
- Performance Standards (Section 8) apply to protect residences from potential light, glare, noise, etc., generated by retail and/or office uses.
- Retail and office acreage shall not be used to reduce the calculated residential density in the computation of open space requirements.
- Accessible and visible pedestrian connections shall be provided between the retail and/or office uses and the dwelling units within the RM-CN project. To further facilitate access by pedestrians and transit, at least 30% of the parking spaces shall be located to the side or rear of the retail and/or office structures.
- Blank walls are strongly discouraged. Windows and doorways are encouraged on all exterior walls for such office and/or retail uses. A limited amount of blank wall space will be permitted only when it is shown that windows and doorways are not feasible to include in these locations. Blank walls visible from the street or parking areas shall be buffered with plantings to lessen their potential for negative effects. Landscaping improvements meeting the same requirements as those required for vehicle parking areas with exposure to the street (section 10) shall be provided for parking visible from the street and for all blank walls.
- Retail and office uses allowed in the RM-CN districts shall be limited to those uses found in the Office and the Commercial Categories of Section 4B.2.3 (Mixed Use). Other uses permitted in the RM district shall also be allowed.
- Site design shall foster compatibility between the office and/or retail uses and adjacent or adjoining residential uses within the RM-CN districts. This shall include landscaping, signage, lighting, service areas and architectural features.
- Retail and office square footage shall promote a range of services beneficial to nearby residents. Therefore, the retail and/or office component within a RM-CN project shall not exceed an aggregate of 20,000 square feet of building space, and shall be devoted to more than one business. Use of the square footage for one establishment is not allowed.
To reach Durham City/County Planning call 919-560-4137 or fax us at 919-560-4641