3.2.2 TRANSITIONAL RESIDENTIAL DISTRICT (TR)
Intent: The Transitional Residential District serves as a bridge between rural zones and more urbanized development. It is provided to encourage the development of neighborhoods and rural compounds that set aside natural vistas and landscape features for permanent conservation. Density of development is regulated on a sliding scale; permitted densities rise with increased open space preservation. Development typologies associated with the Transitional District are farms, the single house, the conservation subdivision, the farmhouse cluster, and the residential neighborhood. The section number in parenthesis following listed use indicates the ordinance section of development conditions.
a) Permitted Uses
Uses permitted by right
· bed and breakfast inns
· boarding or rooming houses for up to two roomers
· single family detached homes
Uses permitted with conditions
· cemeteries, (9.7)
· religious institutions, (9.8)
· duplexes up to 20% of dwelling units in development, (9.13)
· essential services 1 and 2, (9.14)
· government buildings up to 5000 square feet of gross floor area; fire stations are permitted in government buildings up to 15,000 square feet of gross floor area
· neighborhood and outdoor recreation, (9.21)
· parks, (9.29)
· plant nurseries, (9.46)
· riding academies and/or commercial stables, (9.33)
· schools, (9.35)
· transit shelters, (9.39)
Uses permitted with Special Use Permit
· agricultural industry, (9.3)
· country inn development, (9.52)b) Permitted Building and Lot Types
· attached house
· civic building
· detached house
c) Permitted Accessory Uses
· accessory dwelling, (9.1)
· day care home (small), (9.11)
· home occupations, (9.19)
· marinas, (9.42)
· accessory uses permitted in all districts (8.11)
d) General Requirements1. Frontage on a public street is required for all lots in the Transitional Residential District except those comprising a Farmhouse Cluster (see Special Requirements, paragraph e), this section), those comprising a Conservation Subdivision (see Special Requirements, paragraph f), or those specifically excepted in Article 8.1.
2. Development in the Transitional Residential District shall meet the following standards:
- Lot size shall average at least ¾ acre per lot with no lot under ½ acre; minimum 20% open space; average lot width shall be at least 100’, but in no case less than 85’; minimum front setback of 35’; minimum side setback of 15’; minimum rear setback of 40’.
Notwithstanding the above, for lots proposed to abut a previously approved or existing subdivision, or open space for that subdivision, the minimum 1/2 acre lot size may be reduced to the same size as these existing abutting lots, but in no case shall be less than 1/4 acre. Minimum side and rear setbacks for these abutting lots must be at least 25% greater than the existing or approved lots. Furthermore, in order to maintain a uniform street pattern, when proposed lots abut open space of a previously approved or existing subdivision, the reduction of the 1/2 acre minimum lot size can also be applied to allow for the placement of lots along the same side of the street as this open space.- Non-residential lots outside of planned developments and lots in exempt subdivisions not approved as Farmhouse Clusters or Conservation Subdivisions require a minimum lot size of 20,000 square feet and a minimum lot width of 90’; no open space requirement. Further, individual lots of less than 20,000 square feet and/or 90’ width, existing prior to the effective date of this ordinance, are construed to be conforming.
- In determining density permissible on a tract of land, fractions shall be dropped.
- In order to preserve the low intensity development character found in the Transitional zoning district, along existing state maintained roads and future thoroughfares a visually opaque landscaped buffer of native vegetation at least 80 feet in width shall be required for major subdivisions unless a more restrictive buffer is established elsewhere in these regulations. The Board of Commissioners may allow modification to the buffer width when special site conditions such as topography exist. The buffer shall be in common area and shall be counted towards meeting open space requirements.
- In major residential subdivisions, a landscaped median at least 20’ in width shall be required at all entrances into the subdivision. Modification to this standard may be allowed by the Board of Commissioners in the interest of traffic safety.
- Open space shall not be located in private residential lots, unless specifically allowed by this ordinance.
3). Open Space. Designated Open Space includes that parcel or parcels of land which shall be set aside in perpetuity and shall have no buildings or permanent structures constructed within its perimeters except as provided for in this section. Open space shall meet the provisions of this section and the provisions for open space established in Article 7. There are four types of open space in the Transitional District which are as follows:
· Natural Open Space: shall include areas where natural features, such as topography, rock outcroppings, hills and valleys are not altered. Only minimal thinning of vegetation shall be permitted to promote overall health of the natural area in accordance with the tree protection regulations of Article 7.
· Recreational Open Space: shall include areas where natural features may be altered to provide for recreational activities without impacting the impervious quality of the soil except as provided herein. These activities may include ballfields, equestrian trails, hiking trails, picnicking, primitive camping, golf courses, green spaces (manicured or not), etc. Structures related to the recreation space may count towards open space provided they do not create an impervious area over 100 sq. ft.
· Agricultural Open Space: shall include areas set aside for agricultural purposes such as growing fruits, vegetables, grains, etc.
· Urban Open Space: shall be planned and improved, accessible and useable by persons living nearby and be in compliance with the provisions in Article 7. In a Parkway or Greenbelt setting as described in Article 7, some recreational areas may be located within urban open space.
a. Areas containing buildings and other impervious surfaces in excess of 100 square feet, shall not be counted as Open Space. This shall include, but not be limited to, barns, storage buildings, parking lots, clubhouses and tennis courts,
b. Open Space that is dedicated and accepted by the general public shall be maintained and managed by the Town of Huntersville or Mecklenburg County. The town and county have the right to accept or deny the dedication of open space to the public.
c. In the Farmhouse Cluster and in the Conservation Subdivision, open space may also include portions of private building lots subject to a conservation or open space easement.
Further, in addition to having the required 20% open space in a common ownership, minor subdivisions are permitted to locate the open space within proposed private lots provided the lot size is 20% larger (.9 ac) on average than the minimum required, subject to a conservation or open space easement.
d. Open space preservation shall be irrevocable. A metes and bounds description of the space to be preserved and limits on use shall be recorded on the subdivision plat, in homeowner covenants, and on individual deeds when open space lands are not held entirely in common. Alternative means of permanent open space preservation may include acceptance by a land conservation trust or a unit of government. Private management alternatives which ensure the open space preservation required by this section will also be permitted. Restrictive covenants shall limit uses to the continuation of certain agricultural activities (pastureland, crop cultivation) or recreation uses that preserve the view from public streets of rural heritage features to be preserved. Upon verification by the town that restriction of development has been established by a permanent and irrevocable instrument, a letter so noting shall be simultaneously issued to the property owner(s) and to the Mecklenburg County Tax Administrator, Office of Real Estate Appraisal.
5) Compatibility with Surrounding Development.
a. Along existing streets, new buildings shall respect the general spacing of structures, building mass and scale, and street frontage relationships of existing buildings.
· New buildings which adhere to the scale, massing, volume, spacing, and setback of existing buildings along fronting streets exhibit demonstrable compatibility.
· New buildings which exceed the scale and volume of existing buildings may demonstrate compatibility by varying the massing of buildings to reduce perceived scale and volume. The definition of massing in Article 12 illustrates the application of design techniques to reduce the visual perception of size and integrate larger buildings with pre-existing smaller buildings.
· A single-family detached house established on a lot of one acre or more that is created according to the provisions of Article 8.1, paragraph 1, need not adhere to the spacing, massing, scale, and street frontage relationships of existing buildings along an existing street or road, but shall, at a minimum, observe a front setback of 40 feet and a lot width of 90 feet. This paragraph shall take precedence over the requirement of Article 4: Lot Types/Detached House for placement of a building on its lot.
b. On new streets, allowable building and lot types will establish the development pattern.
A Farmhouse Cluster permits the subdivision of land for up to six house lots accessed by way of a shared private drive when the following conditions have been met:
1) Minimum project size and frontage on public road: 10 acres with a minimum of 30 feet of frontage on a public road either by fee simple ownership or by exclusive easement.
2) There shall be no more than two farmhouse cluster developments permitted per tract as that tract existed on February 18, 2003.
3) Private drives shall be paved in accordance with the Town of Huntersville construction standards. The private street right-of-way or easement shall be of sufficient width to accommodate
drainage/water quality treatment associated with the private drive. Gates are prohibited for farmhouse cluster private drives Further, the recorded easement shall have at least 30’ of frontage on a public street. In the event two farmhouse clusters are established, the private drive serving those farmhouse clusters may be connected provided:
- The subdivision plat and associated deeds shall clearly state such drive shall remain private and will not be taken over by a public entity in the future unless such street complies with the construction standards of that public entity.
- where feasible, there shall be two means of ingress and egress into the combined farmhouse cluster development. Only in the event the original tract does not have the adequate frontage on a public road to obtain two driveway permits would one private drive be allowed to serve the combined farmhouse cluster development;
4) An association of all property owners shall be established for maintenance of all commonly held spaces, if any. Where there are no commonly held spaces except for a shared driveway or private street, a legally binding shared driveway and/or private street use and maintenance agreement shall be filed at the Register of Deeds of Mecklenburg County. Furthermore, the shared driveway or private road shall be shown, along with all appropriate and necessary easements, on a recorded plat and a note shall be attached thereto stipulating the use and maintenance of the driveway and referencing the recorded agreement(s).
5) The location of building sites shall be determined through a site analysis which identifies features to be preserved as open space;
6) No minimum lot size or width is required, so long as the project meets all other standards of the district;
7) At least 50% of the tract shall be designated as open space. Open space preservation shall be irrevocable. A metes and bounds description of the space to be preserved and limits on use shall be recorded on the subdivision plat and on individual deeds when open space lands are not held entirely in common. Open space lands may be part of a deeded lot so long as it reflects an irrevocable conservation or open space easement requiring such portions of individual lots to remain and be used as open space as provided in this section.
8) Permitted uses of open space lands to be preserved shall correspond generally to physical conditions at the time of subdivision approval. Restrictive covenants shall limit uses to the continuation of certain agricultural activities (pastureland, crop cultivation) or recreation uses that preserve the view from public streets of rural heritage features to be preserved. For example, fields or pasture land preserved as required open space may continue to support cultivation or grazing; however existing woodlands may not be clear-cut. In order to ensure septic tanks are located on the most suitable soils, septic fields may be located in common open space provided a maintenance easement is established for access.
9) The project shall maintain a generally rural appearance from public road(s).
10) Where a farmhouse cluster would eliminate a planned street connection or a street connection indicated on a plan adopted by the Town of Huntsville or the Charlotte-Mecklenburg Thoroughfare Plan, and no alternate alignment can reasonably provide the connection, the design of the farmhouse cluster shall provide for said connection by the dedication of right-of-way for streets less than 70 feet in width and by the reservation of right-of-way for streets 70 feet or wider.
11) A Farmhouse Cluster requires an approved Farmhouse Cluster subdivision plan, according to the requirements of the Huntersville Subdivision Ordinance including approval by the Town Board and shall meet all other requirements for review and approval, which may include preliminary plan approval prior to approval of a final plat.
Special Requirements: Conservation Subdivisions
A Conservation Subdivision permits single-family building lots to be divided from a parent tract(s) according to a streamlined subdivision approval process. The approval process, coupled with exemption from most zoning and subdivision requirements, is available to owners who voluntarily place conservation easements on their land in favor of an established lands conservancy. A land division can be approved as a Conservation Subdivision when the following conditions are met:
1) An irrevocable conservation easement held by a conservation organization (as authorized in U.S.C. 170(h); 2055(a) and N.C.G.S. 124-34 et seq.) is placed upon the tract(s) to be subdivided, and documentation of the conservation easement, including a boundary description of the area subject to the conservation easement is submitted with the subdivision application.
2) Limits on location and extent of land disturbance and building construction are set out in the conservation easement(s), which shall at a minimum preserve the rural appearance of the land when viewed from public roads and from abutting properties.
3) Treatment of floodplain(s) and required water quality buffers, as described in the conservation easement(s), conform to the minimum standards of the Huntersville Zoning and Subdivision ordinances.
4) Minimum project size: 40 acres.
5) Maximum gross density: 1 dwelling unit per 20 acres.
6) No new public streets are to be created through the development process.
7) All parcels within the conservation subdivision will have frontage on an existing public road right-of-way or will be provided access to a permanent 20-foot wide access easement that connects to the public right-of-way. Permanent access easement(s) may be either exclusive or non-exclusive, however landlocked parcel(s) may not be created. Documentation of lot access shall be submitted with the subdivision application.
8) The holder of the conservation easement will be held responsible for enforcement of the terms of the conservation easement.
9) Where the parent tract(s) abuts or includes a segment of a thoroughfare that is shown on the adopted thoroughfare plan and for which an engineered alignment has been selected, any right of way reservation required by the subdivision regulations shall be made, either by the filing of a deed or the filing of a plat map.
10) Documentation of the above, including a copy of the recorded conservation easement with metes and bounds description, shall be provided with the subdivision application and shall entitle the subdivider to choose to divide the property by deed, as a metes and bounds subdivision, or by final plat approval and recordation according to the requirements of subdivision ordinance Section 6.520 for a minor subdivision.
11) A Conservation Subdivision and the lots and homes built therein are exempt from the following ordinance provisions:· Requirement that each building lot have frontage on a public street.
· Requirement to provide Urban Open Space.
· Requirements of Article 4: Lot Types/Detached House, which section describes the placement of a building on its lot.
· Requirements for the placement and size of residential garages set out in Section 8.16, paragraphs .1, and .6. All other standards of Section 8.16 shall apply.
· Requirement to plant street trees along existing public road(s) where existing, mature trees are to be preserved as a condition of the conservation easement.
· Requirement to construct or escrow funds for sidewalks or alternative pedestrian paths along existing public road(s).