Sec. 6.11. Planned Districts
6.11.1. Purpose
Planned districts shall be established to allow for design flexibility and to encourage efficient use of land and public services and high quality design. These regulations are intended to allow innovative 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. that is integrated with proposed adjacent Property abutting directly on the boundary of, touching, or sharing a common point. uses and compatible with existing patterns of nearby 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..
6.11.2. General Requirements
A. A development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. meeting the requirements of paragraph 3.5.6, Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., shall be required as part of the zoning map change application to any planned district, except in the UC and UC-2 districts as indicated below.
B. The initial zonings to establish the UC and UC-2 districts on each campus, which shall be initiated by the appropriate governing body for each university/college campus, shall not require a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., though the university or college An institution other than a trade school that provides full-time or part-time education beyond high school. can submit a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. providing additional details and restrictions beyond minimum Ordinance requirements, for all or parts of the area associated with the initial zoning map change A zoning map change that establishes the City’s zoning authority over newly annexed territory, per NC General Statute 160D-202(g), or establishes the County’s zoning authority over newly relinquished territory, per NC General Statute 160D-202(h).. A basic zoning map change application shall be required for the initial zoning map change A zoning map change that establishes the City’s zoning authority over newly annexed territory, per NC General Statute 160D-202(g), or establishes the County’s zoning authority over newly relinquished territory, per NC General Statute 160D-202(h)., along with documentation on the availability of adequate parking and a limited surcharge fee to cover public notification requirements.
C. Except in the MU District, uses shall be permitted only in the location shown on the approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. 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 property shall not begin until a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. has been approved for that portion of the property. Site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall be reviewed for conformance with an approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. Should alterations or changes represent a substantial departure from the approved plan, an amendment is required. The same procedures as required for the original approval shall be required for development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. amendments.
D. Unless alternative standards are explicitly established in the provisions below, all relevant 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 planned district.
6.11.3. Planned Development Residential (PDR)
A. Uses
1. The primary use allowed within the PDR District shall be residences, including manufactured homes.
2. Manufactured homes shall be permitted only where they have been expressly indicated on the approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. Manufactured house 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. and parks shall be designated as such on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. and show lot layouts and the orientation The directional placement of a structure or element in relation to its surroundings, the street and other structures. of the house to the street in 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. plans.
3. Nonresidential uses allowed in the PDR District shall be limited to those uses listed in the Sec. 5.1, Use Table. Nonresidential uses can be approved subject to the use limitations established in Sec. 5.3, Limited 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. Standards, and the following conditions.
a. When both nonresidential and residential uses are proposed, the 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. can be separate structures from the nonresidential uses or located in the same structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. as the nonresidential uses.
b. Nonresidential acreage shall be included in any calculations of residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance..
c. 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. location(s) shall be specified in the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..
d. Nonresidential uses shall be located with street access deemed adequate by the City Transportation Department.
e. Nonresidential square footage shall promote a range of services for residents. For projects with at least 100 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., one lot, minimum 5,000 square feet, shall be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. for civic or commercial uses. For projects with at least 300 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., one lot, minimum 10,000 square feet, or two lots, minimum of 5,000 square feet each, shall be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. for civic or commercial uses. Such uses shall be in addition to 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 and residential amenities.
B. Dimensional Requirements
1. Site Area
No minimum site area The minimum area required for a particular type of development. The site may then be divided into smaller lots. for the initial approval of the zoning district is required.
2. Minimum Lot Area
a. No minimum lot area The total area within the lot lines of a platted lot. shall be required to be specified.
b. Lot areas The total area within the lot lines of a platted lot. described on a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. may be increased by the appropriate State agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. or County Health Department in order to ensure adequate waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. treatment.
C. Intensity
1. Residential Density
The specific maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in units per acre, other than the areas proposed for nonresidential 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. and 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 paragraphs 8.4.4, 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. in Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas; and 8.8.5, Density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. Credits, shall be included in the application. The allowable density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be consistent with the land use designation shown in 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..
2. Nonresidential Intensity
The maximum nonresidential intensity shall reflect the CI intensity, consistent with Sec. 6.10, Nonresidential District Development Intensity, for the tier in which the project is located.
3. Height
Maximum 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. height shall be the lesser of 9 stories 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. or 100 feet. 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. over 40 feet shall be identified on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. submitted for approval.
D. Building Orientation
1. Building Separation
a. Manufactured homes in parks shall maintain a distance of at least 16 feet between other manufactured homes. Added on rooms, porches, and other structures attached to the manufactured home shall be considered part of the manufactured home.
b. The governing body can reduce or increase separations after consideration of the general bulk and scale in comparison with nearby 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.. Such modification shall only occur in conjunction with the approval of the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..
E. Yards
Front, side, and rear 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. must be defined by the Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. No minimum 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. shall be required for primary or accessory buildings, except as defined by the Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. Previously approved 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 without defined 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. shall have the following 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. requirements:
1.0 to 8.0 units per acre |
8 feet |
More than 8.0 units per acre |
15 feet |
F. Open Space
1. Required 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. shall be provided based upon the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the project as follows:
Percent of Gross Area |
|
---|---|
0 to 3.00 units per acre |
15 |
3.01 to 6.00 units per acre |
16 |
6.01 to 10.00 units per acre |
17 |
10.01 to 16.00 units per acre |
18 |
16.01 units per acre or greater |
20 |
2. Uses of 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. shall be as defined in Sec. 7.2, 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..
G. Landscaping
Blank walls visible from the street shall be buffered with plantings. Landscaping improvements meeting the same requirements as the landscaping required for vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. use areas with exposure to the street established in Sec. 9.8, Vehicular 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. Area Landscaping, shall be provided for all blank walls exceeding 50 feet in length.
H. Parking
At least 30% of the parking spaces A designated off-street area designed to accommodate the parking of one vehicle. for nonresidential uses shall be located to the side or rear of nonresidential structures within any PDR.
I. Sidewalks
In addition to meeting all of the requirements of Sec. 12.4, Pedestrian and Bicycle Mobility, sidewalks shall be provided between the retail and office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. uses and the 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. within any PDR.
6.11.4. University and College Districts (UC and UC-2)
Unless specifically differentiated, all requirements that refer to the UC District apply to both the UC and UC-2 districts.
A. Uses
1. The primary use allowed in a UC district shall be colleges and universities and such ancillary uses as are typically associated with a university or college An institution other than a trade school that provides full-time or part-time education beyond high school. that are customary and subordinate Secondary in appearance so as not to diminish or visually overpower another element or structure. This shall be considered as a whole and shall not require each dimensional aspect to be subordinate, unless specifically required by another provision of this Ordinance. to the primary educational function of the university or college An institution other than a trade school that provides full-time or part-time education beyond high school. use, including dormitories, stadia, enclosed arenas, auditoriums, and museums Establishments for the display of art or historic or science objects..
2. Other uses shall be limited to those uses listed in paragraph 5.1.2, 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. Table, that can demonstrate a direct relationship to an academic use, such as university medical center uses, including teaching hospitals An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop., medical schools, nursing schools, biomedical research facilities, and support space.
B. Zoning Map Change
1. Initial Establishment of the Zoning District
A university or college An institution other than a trade school that provides full-time or part-time education beyond high school. may elect to have all or parts of its campus covered in the initial establishment of the zoning district, so long as those areas are covered by the appropriate campus master plan. For the UC District, no areas of the campus that were not under the direct control of the university prior to January 1, 2002, shall be included in the initial establishment of the zoning district. For the UC-2 District, no areas of the campus that were not under the direct control of the university or college An institution other than a trade school that provides full-time or part-time education beyond high school. prior to January 1, 2010, shall be included in the initial establishment of the zoning district.
2. Subsequent Zoning Map Change
Any property included as part of a university or college An institution other than a trade school that provides full-time or part-time education beyond high school. campus in a campus master plan can be included in a UC district. A campus master plan shall be submitted to the Planning Department prior to any zoning map change submittal. Such campus master plans shall be viewed as illustrative in nature and can be updated, in whole or in part, at any time.
C. Campus Areas
1. Transitional Use Area
A Transitional 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. Area shall be designed to establish standards at the edges of the campus that minimize any adverse impacts of proposed 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. on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties.
a. For the UC District, standards shall be applicable to a 150-foot wide area at the boundaries of the UC District. Where applicable, the Transitional 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. Area shall be measured from the midpoint of public 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. adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the edge of the district. If a public 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. is wider than 200 feet, and contains no existing or planned structures, then a Transitional 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. Area shall not be required.
b. For the UC-2 District, standards shall be applicable to a 75-foot-wide area at the boundaries of the UC-2 District. Where the edge of the zoning district is within or adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a public 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., the Transitional 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. Area shall be measured from the midpoint of 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.. Where the edge of the zoning district is not within or adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a 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., the Transitional 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. Area shall be measured from the property line or exact location of the edge of the district.
2. Internal Campus
a. All areas of each university or college An institution other than a trade school that provides full-time or part-time education beyond high school. within a UC district that are not included within a Transitional 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. Area shall be considered to be within the Internal Campus All areas within the UC and UC-2 Districts that are not included within a transitional use area..
b. Within the Internal Campus All areas within the UC and UC-2 Districts that are not included within a transitional use area., only limited regulations shall apply, as indicated below.
D. Height
1. Transitional Use Area
The maximum height of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. within the Transitional 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. Area shall be regulated as follows:
a. Within the UC District, 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. height shall not exceed 150% of the average height of buildings on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties (including those directly across a public 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.), to a maximum of 100 feet. In calculating the average height for the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. buildings, the following considerations shall be included: maximum permitted heights for developable 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. vacant lots; the taller of buildings in front or behind each other; and included within 150 feet of the perimeter transition area. Heights shall not be increased beyond 150% of average surrounding heights unless a major special use permit is approved in accordance with Sec. 3.9, Special Use Permit, in which case the height may be increased up to a maximum of 145 feet.
b. Within the UC-2 District, 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. height shall not exceed the distance to the edge of the district (which is the mid-point of 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. if the edge of the district is a public street), to a maximum of 75 feet. The ratio of 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. height to distance from the edge of the district shall be no more than 1:1 (see diagram below). Heights shall not be increased beyond this limit unless a major special use permit is approved in accordance with Sec. 3.9, Special Use Permit, in which case the height may be increased up to a maximum of 120 feet.
2. Internal Campus
The maximum height of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be 120 feet, unless a major special use permit is approved in accordance with Sec. 3.9, Special Use Permit, in which case the height may be increased up to a maximum of 145 feet.
E. Architectural Standards
1. Transitional Use Area
a. For new 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., documentation shall be required that demonstrates architectural and site design compatibility with adjacent Property abutting directly on the boundary of, touching, or sharing a common point. buildings and sites, considering the following criteria:
(1) Roof type, including extent of eaves and eave ornamentation, if any;
(2) Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. of the façades, including details, massing, and rhythm, associated with the architectural styles adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the district;
(3) Facade materials; and
(4) Size, pattern, style, and location of windows and doors.
This documentation shall be submitted with the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for each proposed 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 Transitional 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. Area.
b. Each 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. shall have a direct orientation The directional placement of a structure or element in relation to its surroundings, the street and other structures. and entryway facing a street. Articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. of any side 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. facing a street at the perimeter of a UC district shall be similar in expression and articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. to the primary façade.
2. Internal Campus
Specific architectural standards shall not apply, unless shown as committed elements Elements, Commitments. on a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..
F. Outdoor Lighting
1. Transitional Use Area
Within a Transitional 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. Area, all standards of Sec. 7.4, Outdoor Lighting, shall apply except that new athletic fields shall not be illuminated after 11:00 p.m.
2. Internal Campus
Within the Internal Campus All areas within the UC and UC-2 Districts that are not included within a transitional use area., the standards of Sec. 7.4, Outdoor Lighting, shall not apply so long as the maximum illumination at the edge of a UC district does not exceed the limits imposed by paragraph 7.4.3, Standards.
G. Environmental Standards
All applicable environmental standards of Article 8, Environmental Protection, shall apply within the UC or UC-2 districts.
H. Landscaping
1. General
a. Transitional Use Area
Within a Transitional 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. Area, landscaping shall be provided in accordance with Article 9, Landscaping and Buffering, so as to ensure compatibility with adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties.
b. Internal Campus
Other than street trees pursuant to Sec. 9.6. Street Trees, no specific landscaping requirements shall apply.
2. Vehicular Use Areas
In the Transitional 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. Area, surface parking lots An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. shall not be located immediately adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to or across from properties zoned residential unless separated from the street by a landscaped area equivalent to the average 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 existing buildings or parking lots An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties.
I. I. Parking
1. The required number and location of motorized and bicycle parking spaces A designated off-street area designed to accommodate the parking of one vehicle. shall be tied to the university or college An institution other than a trade school that provides full-time or part-time education beyond high school.’s documentation of adequate parking availability during peak periods of typical academic days. In order to document that there are adequate parking facilities, a plan from each university or college An institution other than a trade school that provides full-time or part-time education beyond high school. covered by a UC district shall be filed with the City-County Planning Department and reviewed and approved by the Planning Director or designee.
The following information shall be provided in the plan:
a. A map depicting the location of parking lots An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. within the UC District and those outside the UC District which are utilized to satisfy parking requirements.
b. An inventory of the number of parking spaces A designated off-street area designed to accommodate the parking of one vehicle., per parking lot An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., including the type of parking spaces A designated off-street area designed to accommodate the parking of one vehicle. (compact, handicap accessible, reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency., visitor, etc.). Totals shall be provided for sub-areas as well as district-wide. Parking can include spaces located outside the UC District that are controlled by the university or college An institution other than a trade school that provides full-time or part-time education beyond high school., as long as that parking serves the UC District.
c. A report indicating the typical maximum occupancy of each parking lot An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. at typical peak-period. Data shall distinguish between permit-parking and visitor parking. The occupancy data shall be collected within six months of the date of plan submittal and shall include the date(s) and time(s) of the data collection.
d. The inventory of bicycle parking spaces A designated off-street area designed to accommodate the parking of one vehicle. within the UC District, indicating the total number of spaces within each section or sub-area within the campus, as well as district-wide. General locations of bicycle parking spaces A designated off-street area designed to accommodate the parking of one vehicle. shall be identified on a map.
e. A summary report describing any Traffic Demand Management (TDM) programs operated by the university or college An institution other than a trade school that provides full-time or part-time education beyond high school. within a UC District.
f. A report indicating any changes in enrollment and employment by the University or college An institution other than a trade school that provides full-time or part-time education beyond high school. within a UC District since the last plan update and any projected changes within the next four years.
g. A summary report indicating the availability of the following within a UC District:
(1) Sidewalk connectivity;
(2) Transit and remote parking services; and
(3) Bicycling amenities.
2. The documentation shall demonstrate that the following minimum standards are met:
a. The vacancy rate for total, district-wide motorized parking shall be at least 10%.
b. The individual vacancy rates for total parking and visitor parking within each sub-area shall be at least five percent.
c. The total number of bicycle parking spaces A designated off-street area designed to accommodate the parking of one vehicle. shall be at least 10% of total motorized parking district-wide; and at least five percent or two parking spaces A designated off-street area designed to accommodate the parking of one vehicle., whichever is greater, within each sub-area.
3. If a sub-area does not meet the minimum parking standards, any proposed 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. in that sub-area that requires a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., except for the following exemptions, shall include motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. and/or bicycle parking, as applicable, to lessen the deficiency.
a. In lieu of providing additional motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking, documentation of new or revised remote parking facilities that remove or lessen the deficiency, but do not create new deficiencies elsewhere, can be provided.
b. Exemptions from providing any additional parking consist of the following improvements:
(1) Unmanned facilities of less than 1,000 square feet, such as storage rooms, mechanical equipment, coolers, or stand-alone ice kiosks;
(2) Buildings or additions of less than 1,000 square feet of 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. area;
(3) Improvements that are documented to solely bring existing facilities up to current health, safety, or 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. code requirements;
(4) Grading A land disturbing activity that modifies the contours of the land. and/or utility improvements for sewer or water service; or
(5) Any site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. submittal that only requires review by the Planning Department.
4. If a college or university has provided documentation of TDM programs, then the minimum motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. vacancy rates shall be reduced by one percent.
5. Sub-areas shall be geographically and functionally cohesive. Remote parking can be identified as serving a sub-area.
6. Approved parking plans shall be valid for a four-year period.
7. Parking requirements pursuant to paragraph 10.3.1, Required Motorized Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. and Bicycle Parking, are not required for site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. in a UC district if an approved, valid parking plan is in place. If there is not an approved, valid parking plan in effect at the time a 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. approval is requested by an institution, the parking requirements of Sec. 10.3, Required Parking, shall be applied. Alternatively, processing of the requested 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. approval may be delayed until a new parking plan is approved.
J. Signage
1. Transitional Use Area
All applicable standards of Article 11, Sign Standards, shall apply.
2. Internal Campus
The standards of Sec. 11.8, Elements of Common and Way-Finding Signage Plans A plan delineating unifying characteristics for way-finding signs associated within a development project or complex., shall not apply.
K. Solid Waste
The requirements of Chapter 58 of the City Code, Solid Waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. Collection and Disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters., may be modified on projects within a UC district if the college or university has filed a solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. master plan with the City and that plan has been approved by the Solid Waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. Director or designee.
L. Infrastructure
1. Road Improvements
a. Traffic Impact Analysis
(1) A traffic impact analysis consistent with the requirements of Sec. 3.3, Traffic Impact Analysis, shall be required with or in advance of site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval of projects utilizing a UC district when appropriate thresholds are reached.
(2) Within the City, this analysis may be included at the time of zoning map changes to a UC district initiated by the university or college An institution other than a trade school that provides full-time or part-time education beyond high school. or in advance of site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. submittals. If provided after the zoning map change, a single TIA, at the applicant’s discretion, may reflect 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. throughout a UC district, for identified areas within a UC district, or be provided on a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. specific basis.
b. Road Improvements (City only)
If the applicant performs the TIA utilizing any option other than the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. specific basis, the university or college An institution other than a trade school that provides full-time or part-time education beyond high school. may submit a proposed implementation schedule for the provision of required road See “Street, Public” and “Street, Private.” improvements, with the improvements tied to specific dates rather than specific projects. Such an implementation schedule shall be reviewed and, if approved by the City, shall be used to govern the timing of all required road See “Street, Public” and “Street, Private.” improvements.
2. Sidewalks
The college or university shall provide public sidewalk with each site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. application in the following manner:
a. The length of sidewalk required per site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. shall be equal to the total of the widest dimension of the project area(s).
b. Sidewalk can be placed as permitted in paragraph 12.4.2C.1; however, locations shall be prioritized as follows:
(1) Locations within the campus specified within the Durham Walks! Plan or subsequently adopted pedestrian plan(s);
(2) Within the TUA located within one mile of the project site;
(3) Along public right-of way internal to the district.
c. No sidewalk shall be required pursuant to paragraph 12.4.2D, Exemptions.
d. Payment-in-lieu is available pursuant to paragraph 12.4.2C.2, Payment-in-lieu (City only).
3. Stormwater
A stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. impact analysis shall be required to be approved in advance of site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval when appropriate thresholds on campus 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. are reached. Such an analysis may reflect 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. throughout a UC district, for identified areas within a UC district, or be provided on a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. specific basis. If provided utilizing any option other than the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. specific basis, the university or college An institution other than a trade school that provides full-time or part-time education beyond high school. may submit a proposed implementation schedule for the provision of required stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. improvements, with the improvements tied to specific dates rather than specific projects. Such an implementation schedule shall be reviewed and approved by the City or County, as appropriate and, if approved, shall be used to govern the timing of all required improvements.
6.11.5. Commercial Center (CC)
A. Uses
1. The primary use allowed within the CC District shall be commercial. 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. of this District shall require multiple buildings and tenants.
2. Uses allowed in the CC District shall be limited to those uses listed in Sec. 5.1, Use Table. Proposed residential uses in a CC District shall be noted on the Development Plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..
3. Commercial outparcels Individual retail sites in a retail center that, when combined, are less than the square footage of the attached retail spaces which form the majority of the square footage of the center. shall not comprise more than 50% of the acreage or floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. 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..
B. Dimensional Requirements
1. Site Area
a. A minimum of four contiguous acres shall be required for initial approval.
b. Additions to an approved CC District may be made in increments of any size.
2. Lot Area
No minimum lot area The total area within the lot lines of a platted lot. shall be required.
C. Development Standards
1. Within the Suburban Tier, 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. shall conform to the standards of the RS-M District.
2. Within the Urban and Compact Neighborhood tiers, 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. shall conform to the standards of the RU-M District.
3. When a conflict occurs between this section and the RS-M or RU-M standards for 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., site area The minimum area required for a particular type of development. The site may then be divided into smaller lots., or lot area The total area within the lot lines of a platted lot., the stricter rules shall apply.
D. Density
1. Within the Suburban Tier, the maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be 11 units per acre.
2. Within the Urban Tier, the maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be 14 units per acre.
3. Within a Compact Neighborhood Tier, the maximum density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be 18 units per acre.
E. Height
1. The maximum height shall be determined by the square footage of the buildings in 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., as indicated below:
Square Footage |
Maximum Height |
---|---|
Less than 150,000 |
50 feet |
150,000 to less than 250,000 |
90 feet |
More than 250,000 |
145 feet |
2. 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. over 50 feet shall have its proposed location and height shown on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..
F. Access
Access to all outparcels Individual retail sites in a retail center that, when combined, are less than the square footage of the attached retail spaces which form the majority of the square footage of the center. shall be from the project area. No outparcel Individual retail sites in a retail center that, when combined, are less than the square footage of the attached retail spaces which form the majority of the square footage of the center. shall have direct access onto a public road See “Street, Public” and “Street, Private.”.
G. Yards
1. All nonresidential and upper-story residential structures shall maintain 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. per the CG District within the applicable Tier.
2. Apartment and multiplex structures shall maintain 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. per the applicable housing type in Sec. 7.1, Housing Types.
3. 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. requirements shall not apply to internal property lines of the overall 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. site.
H. Sidewalks
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 shall indicate a continuous internal pedestrian system designed to permit ready access between all elements 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., including outparcels Individual retail sites in a retail center that, when combined, are less than the square footage of the attached retail spaces which form the majority of the square footage of the center..
6.11.6. Industrial Park (IP)
A. Uses
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. of this District shall require multiple buildings. Uses allowed in the IP District shall be limited to those uses listed in Sec. 5.1, Use Table.
B. Dimensional Requirements
1. Site Area
a. A minimum of ten contiguous acres shall be required for initial approval.
b. Additions to an approved IP District may be made in increments of any size.
2. Lot Area
No minimum lot area The total area within the lot lines of a platted lot. shall be required.
C. Transitional Use Area
A landscaped Transitional 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. Area of at least 30 feet shall be established around the perimeter of the District and shall be shown on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. If a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. required pursuant to Sec. 9.4, Project Boundary Buffers, imposes a greater width requirement than the Transitional 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. Area, the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement shall apply.
D. Height
The maximum height 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. shall be 90 feet, unless a taller 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. is identified on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., in which case the maximum 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. height shall be 145 feet.
E. Yards
Other than the Transitional 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. Area requirements, no 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. requirements shall be established.
F. Sidewalks
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 shall indicate a continuous internal pedestrian system designed to permit ready access between all elements 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..
6.11.7. Mixed Use (MU)
A. Uses
1. A mixed-use 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 require residential uses as listed in Sec. 5.1, Use Table, and uses from at least one of the following use categories, with the actual uses limited to those identified in the use table:
a. Public and civic;
b. Commercial; or
The location of the uses shall be shown on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..
2. Additions to MU developments 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 not be required to include multiple use types provided the use types are present on the overall site and the required ratios of use established in paragraph B.2 below are maintained.
B. Dimensional Requirements
1. Site Area
a. A minimum of four contiguous acres shall be required for initial approval. A smaller initial site may be allowed, if the applicant can demonstrate to the governing body that certain circumstances exist that make an area of less than four acres suitable due to factors including but not limited to, location, topography, or compatibility with adjacent Property abutting directly on the boundary of, touching, or sharing a common point. uses. Sites smaller than four acres shall comply with the other requirements of the district, including the requirement to provide at least two use types on the overall site.
b. Additions to an approved MU district may be made in increments of any size.
2. Use Area
a. For mixed use A development that includes both residential and nonresidential uses as principal uses on the same development site. See paragraph 4.4.5 , Mixed Use, and paragraph 6.11.7, Mixed Use (MU). developments 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. containing two uses, no use shall occupy less than 30% of the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. or gross acreage of the project.
b. For projects with three or more uses, the 30% minimum for a single use shall be waived; however, no single use shall occupy more than 60% of the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. or gross acreage of the project.
c. Changes in the location of use areas within a project shall be approved through the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. process; provided that all other requirements of the district, including the required mix of uses, are met.
d. For projects utilizing Sec. 6.6, Affordable Housing Bonus, the 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.:
(1) Shall not be included in the percent calculations for paragraphs 6.11.7B.2.a and 6.11.7B.2.b, above; and
(2) At least 10% of the 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. shall be in each phase of the project.
3. Lot Area
Any dimensional requirements for individual lots shall be specified in the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..
C. Transitional Use Area
A 50-foot wide Transitional 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. Area shall be established around the perimeter of each MU district. Within these areas, use and 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. scale (massing and height) shall reflect the uses permitted within the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property; except that a single-story (or 15-foot) differential in 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. height between the proposed and adjacent Property abutting directly on the boundary of, touching, or sharing a common point. uses shall be allowed. If, as a result of the location of uses within an MU district, a use is proposed that would typically require a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. from the use on an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property not in the district, then the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements of the typical district shall apply, even if they require a greater buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. than the required Transitional 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. Areas.
D. Residential Density
1. Minimum
The minimum gross 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 four units per acre for any portions of a project that are developed 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. solely as residential.
2. Maximum
a. Vertical Integration of Uses
For projects in which residential and nonresidential uses are integrated vertically, 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 typically 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.
b. Horizontal Integration of Uses
For all other projects, residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall only be calculated based upon that portion of the site allocated for residential uses, excluding the areas precluded for 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.
E. Nonresidential Intensity
1. Minimum
The minimum floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. shall be 30% of the square footage of the particular parcel See “Lot of record.” to be developed 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..
2. Maximum
No maximum floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. shall be established. The maximum building coverage The horizontal area within the outside of the exterior walls of the ground floor of all principal and accessory buildings. Building coverage is set forth as a percentage of the total lot area. shall be 70%.
F. Height
The maximum height of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be 50 feet, unless a greater height (up to 145 feet) is shown on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..
G. Street Yards
1. Suburban Tier
A 25-foot 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. shall be maintained, unless the project is in a Suburban Transit Area as designated in 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.. Projects in these areas 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 eight feet.
2. Urban Tier
A 15-foot 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. shall be maintained.
3. Compact Neighborhood Tiers
Projects shall respect a maximum 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. such that at least 60% of the width of the street-facing façade is no more than 15 feet from the edge of 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..
H. Open Space
1. Suburban Tier
At least 10% of the gross acreage of the entire site shall be devoted to 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..
2. Urban Tier
At least five percent of the gross acreage of the site shall be devoted to 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..
3. Compact Neighborhood Tier [See G.3, above]
At least two percent of the gross acreage shall be devoted to 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..
I. Landscaping
The applicant shall establish a set of design guidelines that provide provisions for landscaping throughout the entire 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., ensuring that a common theme with consistent plant materials are utilized throughout the project.
J. Parking
1. Residential
a. Single-Family Detached, Zero Lot Line, Townhouse
Parking shall be provided at a maximum rate of 2.1 spaces per dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..
b. Multifamily
Multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. parking shall not exceed an amount equivalent to 2.1 spaces per dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..
2. Nonresidential
a. Based upon the parking rates in paragraph 10.3.1A.4, Parking Rate Table, the amount of motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking shall be required as follow:
Maximum |
100% of the parking rate. An additional 25% is allowed as long as the additional parking spaces A designated off-street area designed to accommodate the parking of one vehicle. are located within structured parking (above ground or underground) |
K. Sidewalks
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 shall indicate a continuous internal pedestrian system designed to permit ready access between all elements 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..
L. Phasing
1. A phasing plan that identifies the stages of 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 required as part of the zoning map change application proposing to use the MU District.
2. Some components of both residential and nonresidential uses shall be included in the first phase of any project in the MU District.
M. Traffic Impact Analysis
1. A traffic impact study shall be required as a part of the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. when portions 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. or the entire 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. will generate vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. trip levels in excess of those identified in Sec. 3.3, Traffic Impact Analysis; however, the TSUP that may be required pursuant to paragraph 3.3.8, Transportation 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, shall not be required within the MU District.
2. The City Transportation Department or NCDOT, as appropriate, shall review the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. as well as the projected on-site and off-site traffic impacts, and determine that the mixed use A development that includes both residential and nonresidential uses as principal uses on the same development site. See paragraph 4.4.5 , Mixed Use, and paragraph 6.11.7, Mixed Use (MU). project is designed to adequately provide for transportation needs.
3. The City Transportation Department or NCDOT, as appropriate, may recommend that the governing body require the developer 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. to limit access points, provide additional lanes, install traffic islands, provide transit facilities, install traffic signals, or make other improvements to assure traffic safety.
N. Additional Requirements
1. Unless the public transit provider indicates in writing to the Planning Director that a shelter A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. is not required, construction of bus shelters A facility established on a temporary or permanent basis by an organization to provide sleeping accommodations or refuge to individuals due to a social, economic, or other emergency or crisis, such as but not limited to homelessness, domestic violence, or a natural disaster. shall be mandatory wherever the project includes or is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to an existing or previously identified transit line extension proposed in adopted documents by the public transit provider.
2. Lots may front on public or private streets. A plan for the future maintenance of project amenities and any private streets shall be submitted with the Site Plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development..