Sec. 4.9. Major Transportation Corridor Overlay (-MTC)

4.9.1. Purpose

The MTC Overlay is established to enhance the economic and aesthetic appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. and orderly 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 properties adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to major transportation corridors. Certain arterial streets, parkways and expressways The same attributes as a freeway but with partial control of access and some limited driveways. Such facilities are identified and further described on the adopted Comprehensive Transportation Plan, as amended. are of critical importance to Durham City and County. Rights-of-way carrying high volumes of traffic are image makers for Durham City and County. They act as entryways for visitors and residents and also serve as an indicator of the quality of life found in the area. Standards are provided to ensure that highways, freeways A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended., and other similar high-volume rights-of-way in this overlay develop 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. with improved traffic efficiency and safety by reducing visual clutter and avoiding inappropriate site design.

4.9.2. Applicability

Except in design districts, the MTC Overlay shall apply to all property within 1,250 feet of a designated 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., and may extend up to 2,500 feet at intersections. The actual boundaries shall be determined at the time of adoption of the MTC Overlay and shall be shown on the Official Zoning Map. The MTC Overlay shall be measured perpendicular to the edge of:

A. The 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. of the limited access highway; or

B. The 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. for a frontage road See “Street, Public” and “Street, Private.”, if present.

4.9.3. Buffer Requirements

A. Location of Buffers

A buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be provided along the perimeter of the property line adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the designated 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..

B. Buffer Width

1. The buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be no less than 30 feet and no more than 100 feet. The actual buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be determined at time of adoption of the overlay. In determining the width of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., the governing body shall consider the following factors:

a. The topography of the area;

b. The existing and proposed land uses;

c. The size of the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. parcels See “Lot of record.”;

d. The traffic volumes of the corridor; and

e. Any additional factors the governing body deems reasonable in carrying out the purpose of the Ordinance.

2. The following buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. widths shall be provided for the following designated rights-of-way:

MTC Overlay	Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Width (Feet)	Segment
I-40	100	Orange County line to Research Triangle Park
I-40	100	Research Triangle Park to Wake County line
I-85	50	Avondale Ave. to US Highway 70
I-85	100	US Highway 70 to Granville County line
I-540	50	Wake County line to Wake County line

 

C. Permitted Activity in Buffer Area

1. Within the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area, existing vegetation shall be maintained in a natural, undisturbed state. In areas where the existing vegetation provides inadequate screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or applicant shall install vegetation that meets the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards of paragraph 9.4.4.A, Natural Buffers Required.

2. When necessary, transportation corridors and utility easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. may cross the required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area. Such crossings shall be designed to minimize clear views through the required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. The nature and limits of such intrusions shall be shown in detail on all site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or subdivision 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. plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. associated with the crossing.

3. Trails may not intrude laterally into the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. for distances greater than 50 feet. Trails shall meander to avoid natural features and to prevent clear views through the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. Selective thinning may be allowed; however, no tree over 12 inches in caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. shall be removed for the trail. The maximum trail width shall be ten feet. Trails shall be shown on all site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and subdivision 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. plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. associated with the trail.

4. Walls or fences

Except as provided in paragraph 4.9.3D, Adjustments to the Required Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., walls or fences shall not be constructed within the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area.

D. Adjustments to the Required Buffer

1. Within areas of I-85 MTC Overlay where the required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width is identified as 100 feet in paragraph 4.9.3B, Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Width, the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width can be reduced to 50 feet without a major special use permit if the following conditions are met:

a. On properties proposed for residential purposes, with at least 900 feet of uninterrupted frontage along the limited access highway or frontage road See “Street, Public” and “Street, Private.”, if present, a noise barrier is built to the NCDOT noise policy and to match existing NCDOT noise barriers; and,

b. On properties proposed for nonresidential purposes that provide a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with 80% opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. as defined in paragraph 9.4.5, Constructed Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

2. The buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width and amount of landscape materials may be reduced through the issuance of a Major Special Permit pursuant to 3.9, 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. Permit, considering the following issues in addition to the findings set forth in paragraph 3.9.8, Criteria for Approval of Major and Minor 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.

a. The topography of the area; and

b. The size of the parcel See “Lot of record.” of record.

4.9.4. Freestanding Signs

Freestanding signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. within the MTC Overlay shall not exceed 12 feet in height.