Article 8.8 - Structures & Uses Limited in Yards

.1 No principal building or structure shall be located within any required setback or yard, forward of the build-to line for a principle structure, within any setback or yard established by a recorded plat, nor in any required buffer or screen.

.2 Except as otherwise provided in this section, no accessory structure shall be located within an established setback or required side yard, nor within five feet of a side or rear lot line. Where permitted, accessory dwellings may be located no closer than 5 feet to the right-of-way or easement of an abutting mid-block alley, nor closer than 15 feet to an abutting rear property line. Piers, docks, and other water-dependent accessory structures may be located in any required setback or yard on lots, which abut a body of water. Fences, walls, security gates, paths, walkways, mailboxes, utility poles, lighting fixtures, patios at grade, and similar features may be located in an established setback or required yard, so long as the sight triangle on corner lots is protected according to the provisions of Section 8.9. If the accessory structure exceeds the height of the principal structure, it must meet the minimum side yard and be at least 15 feet from the rear lot line.

.3 Fences may be located in any yard, established or required, according to the standards of Section 8.11.2.

.4 Signs may be located in an established front setback or a sideyard abutting a public street as permitted by the provisions of Section 10, Signs.

.5 Transit shelters may be located in any setback or yard which abuts a street, in accordance with Section 9.39.

.6 Off-street parking areas, maneuvering areas for parking, and loading areas are prohibited in the established front building setback, which shall be landscaped, in any established side yard abutting a street, which shall be landscaped, and in any required buffer or screen. This restriction shall not apply to:

a) a driveway which crosses a front yard to provide access from the street to a parking area; or
b) an individual driveway, including conventional appurtenances thereto such as basketball goals, designed to also serve as a parking area for a detached or duplex dwelling; or
c) plazas associated with civic buildings or campus quadrangles that have been designed and approved for occasional use as secondary parking areas;
d) the frontage along a Commercial Town Street for which specific streetscape plan and section have been adopted by the Board of Commissioners to include limited parking and access in a series of fronting yards.
e) off-street parking lots in established setbacks and yards of golf clubhouses, configured to minimize conflicts between street vehicles and recreational carts, located a minimum of 800 feet from a designated thoroughfare(s), and compliant with all other design standards for parking lots.
f) maneuvering areas for loading or delivery activities in the established setbacks and yards of buildings in mixed use zoning districts where the location of buildings that were legally constructed without the provision of these areas preclude them from being located out of established setbacks and yards. Maneuvering areas for parking, loading, or delivery activities are prohibited in the public right-of-way in residential and commercial districts.

.7 No outdoor storage of goods and materials or refuse containers shall be located in any established setback or established side yard abutting a street, nor in any required buffer or screen, except for the temporary placement of refuse for scheduled curb side collection.

.8 Notwithstanding other provisions of this section, architectural features such as cornices, eaves, bays, awnings, steps, gutters, and fire escapes may project up to 3 feet into an established or required yard; additional encroachment is permitted for certain building and lot types established in Article 4.

.9 Subordinate structures attached to single family homes, such as decks, garages, porches, utility rooms, and similar features may extend into the required rear yard up to 25% of its depth, and may consume up to 20% of its area. Attached garages accessed from rear alleys may extend into the required rear yard to within 3’ of the alley right-of-way or easement, and may consume up to 50% of its area. Such extensions may not exceed 50% of the width of the dwelling at the rear building line.

.10 Above ground backflow preventers are expressly prohibited in the established front yards of buildings where underground backflow preventers or a location outside of the established front yard is technically feasible according to the standards and requirements of the Charlotte-Mecklenburg Utility Department. Where there is no reasonable alternative to locating an above ground backflow preventer in the established front yard, the structure housing the device shall be covered in a non-reflective material and shall be surrounded, on all sides visible from public streets and abutting properties, by a landscaped opaque screen according to Section 7.6.1.