Setback Requirements for the TOD-TR: Transit Transition Zoning District in Charlotte
In the City of Charlotte, the TOD-TR: Transit Transition Zoning District utilizes variable frontage setbacks ranging from 5 to 36 feet based on the specific classification of the adjacent street or public space. While side and rear setbacks are generally not required (0 feet) for development within this district, the City of Charlotte mandates a 10-foot side setback and a 20-foot rear setback when the TOD-TR: Transit Transition Zoning District property abuts a Neighborhood 1 Place Type.
Frontage Setback Requirements
Frontage setbacks in the City of Charlotte TOD-TR: Transit Transition Zoning District are measured from the future back of curb. These requirements vary significantly depending on the type of frontage the lot faces, such as an Uptown Signature street or a public park.
| Frontage Type | Required Setback (Feet from Future Back of Curb) |
|---|---|
| Uptown Signature | 24 |
| Main Street | 24 |
| Linear Park | 36 |
| 4-5 Lane Avenue/Boulevard | 20 |
| 6 or more Lane Avenue/Boulevard | 24 |
| 2-3 Lane Avenue | 20 |
| Transit Station, Off-Street Public Path, Public Park | 5 |
| Uptown Primary | 20 |
| Other - Primary | 20 |
| Uptown Secondary | 16 |
| Secondary | 16 |
| Parkway (Measured from Right-of-Way) | 20 |
| Limited Access (Measured from Right-of-Way) | 10 |
[Table 13-1]
Side and Rear Setback Requirements
The City of Charlotte establishes side and rear setbacks for the TOD-TR: Transit Transition Zoning District primarily to provide a buffer between higher-intensity transit-oriented development and established residential areas categorized as Neighborhood 1 Place Types.
| Setback Type | Standard Requirement | Requirement if Abutting Neighborhood 1 Place Type |
|---|---|---|
| Minimum Side Setback | 0 feet | 10 feet |
| Minimum Rear Setback | 0 feet | 20 feet |
[Table 13-1]
Measurement and Siting Rules
The City of Charlotte UDO provides specific rules for how these setbacks are applied within the TOD-TR: Transit Transition Zoning District:
- Measurement Basis: Frontage setbacks are generally measured from the future back of curb as defined by the Charlotte Streets Map. For Parkways and Limited Access roads, the measurement is taken from the Right-of-Way (ROW) line [Table 13-1].
- Buffer Requirements: In the TOD-TR: Transit Transition Zoning District, if a developer provides a minimum 25-foot Class B landscape yard abutting an arterial street, that portion of the arterial is not considered a frontage for the purpose of standard siting article requirements [Section 13.1.A.1].
- Building Entry Location: No building entry in the City of Charlotte TOD-TR: Transit Transition Zoning District may be located closer than six feet to an existing or proposed off-street public path or shared-use path [Table 13-1, Note 2].
- Underground Structures: All uses in the City of Charlotte are permitted to have underground parking structures. These structures may encroach into a setback but must remain at least five feet from the right-of-way line and may not encroach into utility easements or required green areas [Section 19.8].
Alternative Standards for Multiple Frontages
If a lot within the City of Charlotte TOD-TR: Transit Transition Zoning District has three or more frontages, one frontage (other than a primary frontage) may be classified as the "last frontage." For this specific frontage, alternative standards apply:
- No ground floor activation is required.
- No prominent entrances are required.
- Ground floor transparency may be reduced to 10% if the building is located in a build-to zone.
- If the building is located beyond a build-to zone on this last frontage, transparency is not required at all, and parking/loading/service areas are permitted between the building and the frontage (provided they are outside the minimum required setback and behind the green zone) [Section 3.6].
Sections Cited
- Section 3.6: Alternative Standards for Lots with Three or More Frontages
- Section 13.1: Purpose and Applicability (Transit Oriented Development Districts)
- Section 13.3: Dimensional and Design Standards
- Table 13-1: Transit Oriented Development Zoning Districts Building Siting Standards
- Section 19.8: Design of Underground Parking Structures