Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 2 – 26 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 2. ​RESIDENTIAL DISTRICTS | Article 2.5. ​Common Open Space Requirements Sec. 2.5.1. Amount of Open Space Article 2.5. Common Open Space Requirements 3. Habitat for federally-listed endangered or threatened species; 4. Individual existing healthy trees greater than 10 inches DBH and their critical root zones; 5. Areas that connect to neighboring open space, trails or greenways; 6. Soils with severe limitations due to drainage problems; and 7. Tree conservation areas. Sec. 2.5.3. Configuration of Open Space A. The minimum width for any required open space is 50 feet. Exceptions may be granted for items such as trail easements and linear parks and 32-foot wide tree conservation areas. B. At least 60% of the required open space must be contiguous. For the purposes of this section, contiguous includes any open space bisected by a Local Street or Mixed Use Street, provided that: 1. A pedestrian crosswalk provides access to the open space on both sides of the street; and 2. The right-of-way area is not included in the calculation of minimum open space required. C. Where feasible, the open space should adjoin any neighboring areas of open space, other protected areas and non-protected natural areas. D. The required open space must be directly accessible to the largest practicable number of dwelling units within the development. Non-adjoining lots must be provided with safe, convenient access to the open space. E. No lot can be farther than a ¼-mile radius from the open space. This radius is measured in a straight line from the lot line, without regard for street, sidewalk or trail connections, to the nearest point of the open space. F. Access to the open space must be provided either by an abutting street or easement not less than 20 feet in width. Sec. 2.5.4. Allowed Uses of Open Space To the extent not otherwise prohibited, required open space may be used for the following: A. Conservation areas for natural, archeological or historical resources; B. Meadows, woodlands, wetlands, wildlife corridors, game preserves or similar conservation-oriented areas; Sec. 2.5.1. Amount of Open Space Applicants that choose to use the conservation standards must set aside at least 40% of the total project area as common open space. Applicants that choose to use the compact standards must set aside at least 20% of the total project area as common open space. The amount of required common open space is calculated as a percentage of the net site area. Sec. 2.5.2. Open Space Allocation In allocating land for required common open space, the following hierarchy of pri- mary and secondary open space applies. A. Primary Open Space The following are considered primary open space areas and must be the first areas reserved as required open space: 1. Floodway areas; 2. Natural resource buffers required along primary and secondary watercourses; 3. Slopes above 25% of at least 5,000 square feet contiguous area; 4. Jurisdictional wetlands under federal law (CleanWater Act, Section 404) that meet the definition applied by the Army Corps of Engineers; and 5. Transitional protective yards. B. Secondary Open Space The following are considered secondary open space areas and must be included as required open space once the primary open space areas are exhausted: 1. Flood fringe areas. C. Tertiary Open Space The following are considered tertiary open space areas and must be included as required open space once the primary and secondary open space areas are exhausted: 1. Historic, archeological and cultural sites, cemeteries and burial grounds; 2. Significant natural features and scenic viewsheds such as ridge lines, field borders, meadows, fields, river views, natural woodlands that can be seen from roadways and serve to block the view of the project in whole or in part;

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