Sec. 1.2. Purpose and Intent

1.2.1. It is the purpose of this Ordinance to promote the health, safety and general welfare of the residents of Durham City and County.

1.2.2. In support of these purposes, this Ordinance contains regulations designed to:

A. Protect existing neighborhoods, preventing their decline and promoting their livability;

B. Address future needs, growth, and change in the jurisdiction;

C. Conserve land and water resources;

D. Preserve groundwater quality and supply;

E. Recognize geologic features, soil and topography;

F. Improve air quality;

G. Minimize congestion in the streets and reduce reliance on automobiles by providing options for walking, bicycling, and transit use;

H. Secure safety from fire and other dangers;

I. Provide adequate light and air;

J. Prevent overcrowding of land and undue concentrations of population;

K. Provide adequate transportation, water supplies, sewer service, schools, parks, 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 public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government.;

L. Conserve the value of buildings;

M. Examine the most appropriate use of the land;

N. Regulate the location of business and industry;

O. Regulate the height and bulk of buildings;

P. Protect the capacity of floodways The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. and non-encroachment areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. in order to prevent loss or damage to homes or property;

Q. Regulate the area of yards 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. and open spaces 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. for buildings;

R. Provide for the needs of agriculture;

S. Protect historic sites and areas;

T. Encourage an aesthetically attractive community;

U. Encourage 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. of affordable housing;

V. Promote equity and socio-economic diversity; and

W. Prevent secondary effects from land uses that could negatively impact nearby land uses, consistent with prior ordinances restricting such uses and evidence supporting such restrictions.

1.2.3. It is also the purpose of this Ordinance to provide for the orderly, efficient and economic 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. of the City and County by providing for:

A. The coordination of streets, highways and other public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. within proposed 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. with existing or planned streets and highways or other public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government.;

B. The dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. of rights-of-way, easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or sites for streets, utilities, 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., recreation areas, and other public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government.;

C. The protection of historic resources and the natural environment; and

D. The distribution of population and traffic which shall avoid congestion and overcrowding and which shall create conditions essential to public health, safety and the general welfare.

1.2.4. The purpose and intent statements described above shall not be construed as Ordinance regulations, but as the purpose and intent for the regulations within the subsequent articles and sections of the Ordinance.