2021-11 BOC Public Hearing-Text Amendment Summary FINAL Multi-family & Nonresidential Height Standards Update (11-2021 Board of Commissioners Public Hearing Draft)
Code Sections Affected
Section 2.1, Measurements
Section 2.3, Definitions & Terms
Section 3.1.3, Superseding Dimensional Standards
Section 3.2.12, Residential Multi-Family Low Density (RMF-L) District
Section 3.2.13, Residential Multi-Family Moderate Density (RMF-M) District
Section 3.2.14, Residential Multi-Family Medium-High Density (RMF-MH) District
Section 3.2.15, Residential Multi-Family High Density (RMF-H) District
Section 3.3.4, Urban Mixed-Use Zoning (UMXZ)
Section 3.3.7, Planned Development (PD) District
Section 3.4.3, Neighborhood Business (B-1) District
Section 3.4.4, Community Business (CB) District
Section 3.4.5, Regional Business (B-2) District
Section 3.4.6, Office and Institutional (O&I) District
Section 3.4.10, Light Industrial (I-1) District
Section 5.4.3, Transitional Buffer Standards
Key Intent
• Allow 4-story buildings, which require elevators, in all multi-family districts to increase housing access and opportunities for seniors and residents with reduced mobility
• Adjust height standards in nonresidential and mixed use districts to allow for the building scales recommended in the Comprehensive Plan, ensure structure heights needed for permitted uses can be
accommodated, and provide for more flexibility in building design
• Offset impacts of taller structures on adjacent residential properties with a variety of mitigation options
• Modify setbacks in nonresidential districts to ensure consistency
Amendment Features
• A building height allowance has been established for the RMF-L and RMF-M districts where 4-story structures are allowed. Additional standards to mitigate the impact of taller structures are required when the 4-story structures are adjacent to single family homes and general “R” Residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, and R-5). Existing setback provisions have also been adjusted as the maximum height in feet cap is no longer applied. (See Sections 3.1.3, 3.2.12, and 3.2.13)
• Additional standards to mitigate the impact of taller structures when adjacent to general R Residential districts have been outlined for 4-story structures in the RMF-MH and RMF-H districts. Existing setback provisions have also been adjusted slightly as the maximum height in feet cap is no longer applied.
(See Sections 3.2.14 and 3.2.15)
• A provision has been added to allow up to 5-story structures in the RMF-H district as part of a conditional zoning approval, subject to additional standards to mitigate the impact of taller structures adjacent to single family homes and general R Residential districts (RA, AR, R-20, R-20S, R-15, R-10,
R-7, and R-15). (See Sections 3.2.15 and 3.1.3)
• Because Master Planned Developments (MPDs) are subject to Planning Board and Board of Commissioners review and consideration through the public hearing process, the building height maximum in the Urban Mixed Use Zoning and Planned Development districts has been removed and the MPD Master Plan is allowed to establish the maximum height for a particular project. (See Sections
3.3.4 and 3.3.7)
• Maximum height limits for nonresidential districts are adjusted to ensure the scale of buildings intended for the district can be accommodated. (See Sections 3.4.3, 3.4.4, 3.45, 3.4.6, and 3.4.10)
o Neighborhood Business, B-1
Maximum height increased from 35 ft. to 2 stories OR 40 ft.
o Community Business, CB
Maximum height increased from 3 stories, not to exceed 45 ft., to 3 stories OR 50 ft.
o Regional Business, B-2
Maximum height increased from 40 ft. to 3 stories OR 50 ft.
o Office & Institutional, O&I
Maximum height for residential uses increased from 40 ft. to 3 stories OR 45 ft.
Maximum height for nonresidential uses and mixed use structures adjusted from 52 ft. to 3 stories OR 50 ft.
o Light Industrial, I-1
Maximum height increased from 45 ft. to 3 stories OR 50 ft.
• Additional height allowances, and additional standards to mitigate greater heights when adjacent to general R Residential districts (outlined on the back of this summary), are established for nonresidential districts to allow specific permitted uses that generally require structures with greater height. (See
Sections 3.1.3, 3.4.3, 3.4.4, 3.4.5, 3.4.6, 3.4.10, and 5.4.3)
o Community Business, CB
Mitigation required for structures taller than 40 ft. when adjacent to residential
o Regional Business, B-2
Additional height allowance maximum of 100 ft. for Hotel or Motel structures
Mitigation required for structures taller than 50 ft. when adjacent to residential
o Office & Institutional, O&I
Additional height allowance maximum of 75 ft. for Senior Living, Government Offices
& Buildings, Bank and/or Financial Institutions, and Offices for Private Business and Professional Activities
Additional height allowance maximum of 120 ft. for Colleges, Universities, &
Professional Schools and Hospital structures
Mitigation required for structures taller than 50 ft. when adjacent to residential
o Light Industrial, I-1
Additional height allowance maximum of 100 ft. for Government Offices & Buildings, Hotel or Motel, Offices for Private Business and Professional Activities, and Research and Development Facility structures
Mitigation required for structures taller than 50 ft. when adjacent to residential
• A definition for story is added. (See Section 2.3)
• Setbacks for nonresidential districts have been modified for greater consistency. (See Sections 3.4.3, 3.4.4, 3.4.5, 3.4.6, and 3.4.10)
Mitigation Options
Option 1: Structure Setback Idea: Taller structures are required to be located further away from adjacent residential properties than shorter buildings. Setbacks from properties
with existing single family or attached homes is about 2 feet for every 1 foot in height. Setbacks from vacant residentially zoned properties or multi-
family developments are about 1 foot for every 1 foot in height for nonresidential or mixed-use structures and 1 ½ feet for every 1 foot in height for multi-family structures.
Examples:
Option 2: Architectural Stepback Idea: Portions of the structure that are taller should be further away from adjacent residential properties than portions of the structure that are
shorter. Taller portions must be the same distance from residential properties as the setbacks described above: 2 feet for every 1 foot in height
when next to existing single family or attached homes and either 1 ½ feet or 1 foot for every 1 foot in height (depending on type of structures) from vacant residentially zoned properties or multi-family developments.
Examples:
Option 3: Alternate Technique Approved in Conditional Zoning District
Idea: Site specific conditions or project design features, such as tall trees in an existing buffer or grade changes, may mitigate height without
additional setbacks or architectural stepbacks. This option provides flexibility for situations that are not easily anticipated by codified standards.
Examples:
Tall mixed use structure in Raleigh, NC with large setback
from adjacent residential
One Midtown Apartments—4-story building is further from property line that 3-story buildings
Structure with taller portion further from property line
Illustration of architectural stepback providing a
transition in scale with existing homes
Tall existing vegetation at Mayfaire Flats
Illustration of taller structure mitigated by existing vegetation and grade change