Article 4: Zoning Districts
Sec. 4.1. General
4.1.1. Establishment of Districts
A. The following zoning districts are hereby established, and are intended to implement the 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..
|
Symbol |
District |
Former Districts |
|---|---|---|
|
RR |
Residential Rural |
RD |
|
RS-20 RS-10 RS-8 RS-M |
Residential Suburban – 20 Residential Suburban – 10 Residential Suburban – 8 Residential Suburban Multifamily |
R-20 R-10, R-15 R-8 RM-8, RM-12, RM-16 |
|
RU-5 RU-5(2) RU-M |
Residential Urban – 5 Residential Urban – 5 (2) (duplexes allowed) |
R-5 R-3 RM-16, RM-20 |
|
RC |
Residential Compact |
ITOD-CN, RM-CN |
|
Nonresidential Districts |
||
|
CI |
Commercial Infill |
– NEW – |
|
CN |
Commercial Neighborhood |
NC |
|
OI |
O&I-1, O&I-2 |
|
|
CG |
Commercial General |
GC |
|
SRP |
Science Research Park |
RSCH, RAD |
|
SRP-C |
Science Research Park-Center |
– NEW – (County Only) |
|
IL |
Industrial Light |
I-2, CT |
|
I |
Industrial |
I-3 |
|
Planned Districts |
||
|
PDR |
PDR |
|
|
UC |
University and College |
UC |
|
UC-2 |
University and College-2 |
– NEW – |
|
CC |
Commercial Center |
SC |
|
IP |
Industrial Park |
I-1 |
|
MU |
MU |
|
|
Design Districts |
||
|
CD-C |
Compact Design – Core |
– NEW – |
|
CD-S1 |
Compact Design – Support 1 |
– NEW – |
|
CD-S2 |
Compact Design – Support 2 |
– NEW – |
|
CD-P(N) |
Compact Design – Pedestrian Business Sub-district (Ninth Street) |
– NEW – |
|
CSD-C |
Compact Suburban Design – Core |
– NEW – |
|
CSD-S1 |
Compact Suburban Design – Support 1 |
– NEW – |
|
CSD-S2 |
Compact Suburban Design – Support 2 |
– NEW – |
|
DD-C |
Downtown Design – Core |
– NEW – |
|
DD-S1 |
Downtown Design – Support 1 |
– NEW – |
|
DD-S2 |
Downtown Design – Support 2 |
– NEW – |
|
Overlays |
||
|
-P |
Neighborhood Protection Overlay |
P |
|
-TO |
TO |
|
|
-A60 -A65 |
60 to 65 LDN Above 65 LDN |
|
|
-MTC |
Major Transportation Corridor Overlay |
MTC, I-540 |
|
-H |
Historic Districts & Landmarks Overlay |
Historic District Overlay |
|
M/LR-A, -B F/J-A, -B E-A, -B, E-A(2) |
Watershed Lake Michie/Little River District Falls/Jordan District Eno River District |
M/LR-A, -B F/J-A, -B E-A, -B |
B. All 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. plans approved as part of a rezoning action shall continue in force, except as may be modified in the future under the provisions of paragraph 3.5.12, Deviations from Approved Development Plans.
4.1.2. Development Tier Map
A. 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. Tier Map is intended to ensure that 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. reflects the character of the area within which it occurs and to minimize the cost of extending infrastructure into areas inappropriately. The tiers shown on the map shall function as overlays, establishing guidelines within which different 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. patterns, intensities, and densities The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be utilized. 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. tiers shall include the following:
1. The Rural Tier – That area of Durham that lies outside the Suburban Tier and largely within watershed All of the land area draining to a particular point on a water course or to a water body. critical areas within which 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. should maintain a rural focus to encourage preservation of agriculture and protect important water resources. 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 this area should feature large lots to minimize demands on infrastructure, with limited commercial areas.
2. The Suburban Tier – That area not included within the Downtown, Compact, Urban, or Rural Tiers in which urban services are expected to be provided with 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. at traditional suburban densities The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. and patterns. This area is anticipated to absorb the majority of Durham’s population growth and its attendant demands for housing, employment, and goods and services, including opportunities for affordable housing and recreation.
3. The Urban Tier – That area surrounding the historic downtown of the City within which 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. was concentrated prior to the 1960s. Within this area, 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. should maintain an urban form with small lot sizes and differing uses in proximity to one another.
4. The Compact Neighborhood Tier – That area near planned transit stations, within which 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. is intended to be transit-, bicycle- and pedestrian-oriented to enhance the street level experience and provide a mixture of goods and services. Auto-oriented and low intensity uses shall be discouraged.
5. The Downtown Tier – That area covered by the Downtown Master Plan within which 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. is intended to be transit- and pedestrian-oriented in order to enhance the street level experience and provide a mixture of goods and services near transit. Auto-oriented and low intensity uses are discouraged.
B. The location and boundaries of 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. tiers described throughout this Ordinance shall be as shown on the geographic coverage layer entitled "Tiers" that is maintained as part of the City's and County's geographic information systems (GIS) under the direction of the Planning Director, or designee. This depiction of tier boundaries shall constitute 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. Tier Map for the City's and County's jurisdiction and is adopted into this Ordinance by reference. The City or County Clerk, as appropriate, may, upon validation by the Planning Director, or designee, certify a paper copy of 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. Tier Map, or portions of the map, as a true and accurate copy of 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. Tier Map, or a portion thereof.
C. The Planning Director or designee shall revise 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. Tier Map when amendments are passed by the governing body in accordance with Sec. 3.4, 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. Adoption/Amendment. Such revisions shall be made as soon as possible after the effective date of the amendment but in no event later than five days after the effective date.
D. No unauthorized person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. may alter or modify 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. Tier Map. The Planning Director, or designee, shall correct errors in the map as they are discovered.
E. The Planning Director, or designee, shall revise 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. Tier Map, if necessary, following an interpretation of a Boundary Watershed All of the land area draining to a particular point on a water course or to a water body. Critical Area pursuant to paragraph 4.11.3, Rules for Interpretation of Overlay Boundaries, or an interpretation of zoning district boundaries pursuant to 4.1.4, Rules for Interpretation of District Boundaries.
F. The Planning Director, or designee, may authorize printed copies of 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. Tier Map to be produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. and shall maintain digital or printed copies of superseded copies of the map for historical reference.
4.1.3. Official Zoning Map
A. The location and boundaries of zoning districts shall be as shown on a geographic coverage layer entitled “Zoning” that is maintained as part of the City's and County's geographic information system (GIS) under the direction of the Planning Director, or designee. This depiction of zoning boundaries as shown on the GIS system shall constitute the Official Zoning Map for the City's and the County's zoning jurisdiction, and is adopted into this Ordinance by reference. The City or County Clerk, as applicable, may upon validation by the Planning Director, or designee, certify a paper copy of the Official Zoning Map, or portions of the map, as a true and accurate copy of the Official Zoning Map, or a portion thereof, under the authority of NCGS §160A-79(b) and NCGS §153A-50.
B. The Planning Director, or designee, shall revise the Official Zoning Map when amendments are passed by the governing body in accordance with Sec. 3.5, Zoning Map Change. The Planning Director, or designee, shall correct errors in the map as they are discovered.
C. No unauthorized person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. may alter or modify the Official Zoning Map. Errors in the Official Zoning Map shall be corrected as they are discovered, and the corrected information shown on the GIS system.
D. The Planning Director, or designee, may authorize printed copies of the Official Zoning Map to be produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms., and shall maintain digital or printed copies of superseded versions of the Official Zoning Map for historical reference.
4.1.4. Rules for Interpretation of District Boundaries
A. The Planning Director, or designee, may authorize periodic changes to the boundaries of the Official Zoning Map in conformance with this section.
1. Interpretations of zone boundaries, except for watershed All of the land area draining to a particular point on a water course or to a water body. overlay boundaries, may be appealed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. to the Board of Adjustment.
2. Interpretations regarding watershed All of the land area draining to a particular point on a water course or to a water body. overlay boundaries shall be performed pursuant to paragraph 4.11.3, Rules for Interpretation of Overlay Boundaries.
B. Boundaries That Follow Lot Lines
1. A boundary shown on the Official Zoning Map as following a lot line or parcel See “Lot of record.” boundary shall be construed as following the lot line or parcel See “Lot of record.” boundary as it actually existed at the time the zoning boundary was established, as shown on maps submitted or used when the boundary was established.
2. If, subsequent to the establishment of the zoning boundary, a property line adjustment is made based upon a court ruling, the zoning boundary shall be construed to move with the lot line or parcel See “Lot of record.” boundary if the adjustment is less than 10 feet.
C. Boundaries That Do Not Follow Lot Lines
1. Where the ordinance establishing a zoning boundary identifies the boundary as following a particular natural feature such as a ridgeline, contour line, a river, stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., lake or other water course, or reflects a clear intent that the boundary follow the feature, the boundary shall be construed as following that feature as it actually exists. If, subsequent to the establishment of the boundary, such natural feature should move as a result of natural processes (slippage, subsidence, erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof., flooding, sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin., etc.), the boundary shall be construed as moving with the natural feature.
2. A boundary shown on the Official Zoning Map as approximately following a street or railroad line shall be construed as following the centerline of the street or railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. If, subsequent to the establishment of the boundary, the centerline of the street or railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. should be moved as a result of its widening or a minor realignment (such as at an intersection), the boundary shall be construed with moving with the centerline only if the centerline is moved no more than 25 feet.
3. A boundary shown on the Official Zoning Map as approximately parallel to, or as an apparent extension of, a feature described above shall be construed as being actually parallel to, or an extension of, the feature.
4. If a zoning boundary splits an existing lot or parcel See “Lot of record.”, the metes and bounds description, if one was submitted at the time the zoning boundary was established, shall be used to establish the boundary.
5. If the specific location of the boundary cannot be determined from application of the above rules to the Official Zoning Map, it shall be determined by scaling the mapped boundary's distance from other features shown on the map.
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LAST AMENDED: Durham County: September 1, 2024 | City of Durham: September 1, 2024 |