Article 16: Design Districts
Sec. 16.1. Purpose, Applicability, and Use Regulations
16.1.1. Purpose
Design District standards shall be established to regulate the physical form of specific areas within the community, and implement to the intent within Sec. 4.5, Design District Intent Statements. Design Districts regulate the relationship between buildings and the streetscape
The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. by focusing on mass, scale, and character along the street. Although land uses are regulated, the emphasis is on appropriate building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. placement and massing. They are intended to encourage innovative projects that create human-scaled mixed-use environments.
16.1.2. Applicability
A. General Applicability
1. Standards within this Article shall apply to any property with a Downtown Design District (DD), Compact Design District (CD), or Compact Suburban Design District (CSD) zoning designation and applicable sub-district zoning designations.
2. The DD zoning district and sub-districts shall only be permitted in the Downtown Tier.
B. Applicability of Other Articles
1. Unless exemptions or alternate standards are explicitly established in this Article, all standards and provisions of this Ordinance shall apply to development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. within any Design District.
2. If conflicts exist between the requirements of this Article and other Articles of this Ordinance, the requirements of this Article shall apply.
C. Where a Design District is overlaid by a Historic District Overlay, the standards set forth in Sec. 4.10, Historic District Overlay, shall also apply.
D. Landscaping and Parking
1. For landscaping, buffering, and parking regulations, refer to Article 9, Landscaping and Buffering; and Article 10, Parking and Loading, respectively.
2. Unless otherwise specified within this Article, any landscaping required within this Article shall comply with the general, landscape design, and existing vegetation standards of Article 9, Landscaping and Buffering, including standards within the Landscape Manual.
E. Environmental Protection
For environmental protection requirements refer to Article 8, Environmental Protection. For additional watershed All of the land area draining to a particular point on a water course or to a water body. overlay standards, refer to Sec. 4.11, Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlay.
F. Durham Design Manual
The Durham Design Manual shall be used to provide guidance in complying with applicable Design District standards. Where there is a conflict between the manual and Design District standards, the Design District standards shall apply.
16.1.3. Uses and Density
A. Primary, accessory, and temporary uses shall be in accordance with Article 5, Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Regulations.
B. Ground Floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. Residential Uses and Overnight Accommodations
1. For residential uses and guest rooms A room or suite used as living accommodations for one or more paying visitors. for overnight accommodations, the finished floor elevation shall be, at any point, at least 30 inches above the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. street grade A land disturbing activity that modifies the contours of the land..
2. Exemptions are as follows:
a. Utilization of the Forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. Frontage type with a minimum forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. depth of 10 feet.
b. The uses on the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. are located at least 20 feet from the street facing façade.
c. Entry areas, such as lobbies, foyers, or common areas.
C. Buildings with One or Two Dwelling Units
1. Nonresidential Requirement
Buildings with one or two residential units shall include a separate, primary nonresidential use within the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. other than home occupations Any occupation conducted by the inhabitants of the dwelling, which is secondary to the main use as a dwelling, and causes no change in the exterior of the dwelling..
2. Exemptions
a. In the DD and CD districts, buildings within the S2 sub-district.
b. In the CSD-S2, single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. pursuant to paragraph 16.1.3D, Single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and Two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. Subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be exempt from the above requirement.
D. Single-family and Two-family Subdivisions in CSD-S2
Single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. within the CSD-S2 shall meet the following standards:
1. The development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. shall comply with the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. standards pursuant to paragraph 16.1.3E.3, CSD District Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. Requirements.
2. No minimum lot size shall apply.
3. No minimum side or rear yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. shall apply.
4. No frontage types shall apply.
5. Vehicular access shall be provided to the rear of each lot.
6. Each lot shall maintain a minimum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of five feet or comply with the forecourt The area between the streetscape and the façade of a building, as prescribed for the Forecourt Frontage Type. frontage type build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. requirements.
7. Required Open Space
a. A minimum of 5% of gross area;
b. All open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. areas shall have a horizontal dimension of at least 25 feet in all directions; and
c. All open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. areas shall meet the open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. requirements of Sec. 7.2, Open Space.
E. Residential Density
1. DD District Density Requirement
No minimum or maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements shall apply within the DD District.
2. CD District Density Requirements
a. Residential development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. within the CD District shall be in accordance with the following density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements:
|
Sub-Districts |
Max. (units/acre) with Affordable Housing Density |
||
|---|---|---|---|
|
Min. (units/acre) |
Max. (units/acre) |
||
|
CD-C |
22 |
60 |
75 |
|
CD-S1 |
16 |
53 |
|
|
CD-S2 |
9 |
20 |
|
|
CD-P(N) |
16 |
53 |
|
b. In the CD-S2 sub-district, any projects of 200,000 square feet or greater shall consist of a residential component and comply with the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements above.
c. Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be calculated based upon the entire site acreage, including areas precluded from consideration for density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in Article 8, Environmental Protection.
d. Affordable Housing Density Bonus
(1) Within any sub-district, the maximum residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be 75 units per acre; provided, that at least 15% of the total number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. in the project qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department..
(2) Only projects with a minimum of 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., or projects adding at least 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. to an existing development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land., shall be eligible for the affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonuses.
(3) Requirements pursuant to paragraph 6.6.1, General Requirements, shall apply.
3. CSD District Density Requirements
a. Residential development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. within the CSD District shall be in accordance with the following density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. requirements:
|
Sub-Districts |
Max. (units/acre) with Affordable Housing Density |
||
|---|---|---|---|
|
Min. (units/acre) |
Max. (units/acre) |
||
|
CSD-C |
22 |
30 |
Unlimited |
|
CSD-S1 |
16 |
21 |
|
|
CSD-S2 |
9 |
15 |
|
b. Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be calculated based upon the entire site acreage, including areas precluded from consideration for density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in Article 8, Environmental Protection.
c. Affordable Housing Density Bonus
(1) Within any sub-district, allowable density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall not be limited; provided, that at least 15% of the total number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. in the project qualify as affordable housing dwelling units A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department..
(2) Only projects with a minimum of 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., or projects adding at least 15 dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. to an existing development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land., shall be eligible for the affordable housing density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonuses.
(3) Requirements pursuant to paragraph 6.6.1, General Requirements, shall apply.
F. Ground Floor Use Limitations
1. DD District
a. Ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. frontage of any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. fronting along the following streets, as depicted in the following map and listed in paragraph (b), Applicable Streets, shall only contain nonresidential uses other than parking, pursuant to Sec. 5.1, Use Table.
(1) The area required for nonresidential uses shall have a minimum interior depth of 20 feet.
(2) Upper story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. residential uses can have ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. access.
b. Applicable Streets
(1) All frontages along Foster Street, Corcoran Street, and Blackwell Street up to the intersection of Jackie Robinson Boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended.;
(2) All frontages along Rigsbee Avenue;
(3) All frontages along East and West Main Street; and
(4) All frontages within and along the Downtown Loop, including Roxboro Street.
2. CD District
Noncommercial uses shall not be permitted on the ground floor Also referred to as “ground level” or “street level,” the floor of a building whose finished floor elevation (FFE) is closest to the grade of the adjacent street, allowing for articulation to accommodate changes in grade. of the CUD-P(N) sub-district; however, upper story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. residential uses can have ground level access.
16.1.4. CSD-S1 Transitional Use Area (TUA) Major Special Use Permit
A. Transitional Use Area
Within the Support 1 sub-district of the CSD District, development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. within 200 feet of the Tier boundary, except where the Tier boundary abuts ROW), shall require approval of a major special use permit (MSUP) pursuant to Sec. 3.9, Special Use Permit.
B. Exemption
The following shall be exempt from this requirement:
1. Redevelopment of, or additions to, existing development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. so long as no expansion of the limits of disturbance in the TUA is proposed.
C. Criteria for Approval of Major Special Use Permit in TUA
In lieu of addressing the Review Factors in paragraph 3.9.8B for Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permits, Major Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. permits in the TUA shall require that the applicant demonstrate that the following review factors have been adequately addressed:
1. Environmental Protection
Preservation of tree cover, floodplain, stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants., wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies., steep slopes, open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. and other natural features, protection of water quality and wildlife corridors, Durham Inventory See "Durham Inventory" Sites, state designated natural heritage elements and related studies.
2. Lighting
Locations of exterior lighting with reference to edge effects and impacts on the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. natural areas and wildlife movements.
3. Effects on Nearby Properties
Effects of the proposed use on nearby properties, including, but not limited to, the effects of noise, odor, lighting, and traffic.
4. Conformance with Adopted Plans
Conformance with adopted plans such as the New Hope Creek Open Space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. Master Plan, the Durham Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., and other applicable city/county policies.
5. Other Factors
Any other review factors which the approving authority considers to be appropriate to the property in question.
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LAST AMENDED: Durham County: September 1, 2024 | City of Durham: September 1, 2024 |