Unified Development Ordinance

CHAPTER 4. SPECIAL DISTRICTS

CHAPTER 4. SPECIAL DISTRICTS aaron.sheppard… Mon, 05/08/2023 - 10:11

Article 4.1. General Provisions

Article 4.1. General Provisions aaron.sheppard… Mon, 05/08/2023 - 10:12

Sec. 4.1.1. District Intent Statements

Sec. 4.1.1. District Intent Statements aaron.sheppard… Tue, 05/23/2023 - 10:10
  1. Conservation Management (CM)
    1. The CM District is intended to preserve and enhance land as permanent open space to meet the passive and recreational needs of the City.
    2. All property within the district must be predominately unoccupied by buildings or other impervious surfaces.
  2. Agriculture Productive (AP)
    1. The AP District is intended to conserve agricultural land and undeveloped natural amenities while preventing the encroachment of incompatible land uses on farm land and other undeveloped areas.
    2. The types, area and intensity of land uses in an AP District are designed to encourage and protect agricultural uses and the conservation of undeveloped areas.
  3. Heavy Industrial (IH)
    1. The IH District is intended to accommodate high-impact manufacturing, industrial or other uses, including extractive and waste-related uses, which are not properly associated with or are not compatible with nearby Residential, Mixed Use or Special Districts.
  4. Manufactured Housing (MH)
    1. The MH District permits manufactured homes in manufactured home parks and manufactured home subdivisions.
    2. The MH District is intented to provide a suitable living environment in manufactured home developments and to ensure the compatibility of such developments with adjacent property.
  5. Campus (CMP)
    1. The CMP District is established to allow for growth and development of colleges and universities and other campus-like uses such as hospitals while protecting the larger community, nearby neighborhoods and the environment from impacts accompanying major new development.
    2. The CMP District allows for flexible placement of buildings, and unified treatment of signs, open space, landscaping and other site elements that may be recognized through a master plan.
    3. Retail, restaurant and commercial uses are allowed, such uses are intended primarily for the convenience of employees or users of the district.
    4. Development is encouraged to reduce auto use, mitigate environmental impacts, conserve energy resources and achieve visual continuity in the siting and scale of buildings. 
  6. Planned Development (PD)
    1. The PD District is intended as a relief mechanism from the prescriptive standards of a general use zoning district.
    2. The PD District intended to be used to achieve a higher quality of project design than could be accomplished through the strict application of a general use district or set of general use districts, without adversely impacting the adequate facilities required to serve the property and surrounding area.

 

Article 4.2. Conservation Management (CM)

Article 4.2. Conservation Management (CM) aaron.sheppard… Mon, 05/08/2023 - 10:12

Sec. 4.2.1. General Provisions

Sec. 4.2.1. General Provisions aaron.sheppard… Tue, 05/23/2023 - 10:10
  1. Prior to the approval of subdivision plan or Tier 2 or Tier 3 site plan on a site 2 acres or greater in size, whichever occurs first, the property owner shall delineate a minimum of 30% of CM-zoned land as primary tree conservation area.
  2. The remaining 70% of the CM-zoned land not in a tree conservation area may either be developed pursuant to this section or part or all of the remaining 70% may, at the election of the owner, be established as primary tree conservation area.
  3. All CM-zoned primary tree conservation areas shall have tree cover by either preserving existing trees with a basal area of at least 30 square feet per acre as determined by increments of 50 feet in length, or if such trees are not present, shall be planted with shade trees in accordance with Sec. 9.1.9.A.6.
  4. Watercourse buffers under Sec. 9.2.3. must be established along all primary and secondary watercourses.

Sec. 4.2.2. Open Lot

Sec. 4.2.2. Open Lot aaron.sheppard… Tue, 05/23/2023 - 10:10
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  CM
A. Lot Dimensions 
A1  Area (min)  n/a 
A2  Width (min)  n/a 
A3  Building coverage (max)  5% 
B. Protective Yard 
B1  From primary street (min)  50' 
B2  From side street (min)  50' 
B3  From side lot line (min)  50' 
B4  From rear lot line (min)  50' 
A primary street, side street or rear lot line that adjoins any street must comply with the planting requirements for a SHOD-1 under Sec. 5.3.1.F.
C. Height 
C1 All buildings/structures (max) 40'/3 stories 
D. Allowed Building Elements
  Porch, stoop  
  Balcony  
  Gallery, awning   
See Sec. 1.5.4.D. for specific building element requirements.

Article 4.3. Agriculture Productive (AP)

Article 4.3. Agriculture Productive (AP) aaron.sheppard… Mon, 05/08/2023 - 10:13

Sec. 4.3.1. Detached House

Sec. 4.3.1. Detached House aaron.sheppard… Tue, 05/23/2023 - 10:13
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  AP 
A. Lot Dimensions
A1  Area (min)  125,000 sf 
A2  Width (min)  350' 
A3  Density (max)  1 unit per agriculture tract 
B. Building/Structure Setbacks
B1  From primary street (min)  150' 
B2  From side street (min)  150' 
B3  From side lot line (min)  150' 
B4  From rear lot line (min)  150' 
C. Height
C1  All structures (max) 40'/3 stories
D. Allowed Building Elements
  Porch, stoop  
  Balcony  
See Sec. 1.5.4.D. for specific building element requirements.

Sec. 4.3.2. General Building

Sec. 4.3.2. General Building aaron.sheppard… Tue, 05/23/2023 - 10:13
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  AP
A. Lot Dimensions
A1 Area (min) 100,000 sf
A2 Width (min) 350'
B. Building/Structure Setbacks
B1 From primary street (min) 150'
B2 From side street (min) 150'
B3 From side lot line (min) 150'
B4 From rear lot line (min) 150'
C. Parking Setbacks
C1 From primary street (min) 100'
C2 From side street (min) 100'
C3 From side lot line (min) 100'
C4 From rear lot line (min) 100'
D. Height
D1 All structures (max) 40'/3 stories
E. Allowed Building Elements
  Balcony  
  Gallery, awning  
See Sec. 1.5.4.D. for specific building element requirements.

Article 4.4. Heavy Industrial (IH)

Article 4.4. Heavy Industrial (IH) aaron.sheppard… Mon, 05/08/2023 - 10:13

Sec. 4.4.1. General Building

Sec. 4.4.1. General Building aaron.sheppard… Tue, 05/23/2023 - 10:14
Image
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  IH
A. Lot Dimensions
A1 Area (min) n/a
A2 Width (min) n/a
B. Building/Structure Setbacks
B1  From primary street (min) 50'
B2  From side street (min) 50'
B3  From side lot line (min) 0'
B4 Sum of side interior setbacks (min) 40'
B5 From rear lot line (min) 0'
B6 Sum of rear and primary street setbacks (min) 70'
C. Parking Setbacks
C1 From primary street (min) 10'
C2 From side street (min) 10'
C3 From side lot line (min) 10'
C4 From rear lot line (min) 10'
D. Height
D1 All structures (max) 50' / 3 stories
E. Allowed Building Elements
Balcony    
Gallery, awning    
See Sec. 1.5.4.D. for specific building element requirements.
F. Protective Yards
A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established where an IH District abuts any other district other than another IH District. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.

Article 4.5. Manufactured Housing (MH)

Article 4.5. Manufactured Housing (MH) aaron.sheppard… Mon, 05/08/2023 - 10:14

Sec. 4.5.1. Site Size, Residential Density and Land Use

Sec. 4.5.1. Site Size, Residential Density and Land Use aaron.sheppard… Tue, 05/23/2023 - 10:14
  1.  A manufactured home development must be at least 10 acres in size and be devoted to one or more of the following uses:
    1. Leasing of space for manufactured homes;
    2. Manufactured homes for rent or sale for use within the manufactured home development, provided that the sold manufactured home is connected to on-site utilities and the manufactured home remains on the site for a minimum of 1 year; and
    3. Unit ownership (condominium) pursuant to N.C. Gen. Stat. §47C.
  2. A manufactured home development may contain accessory uses under Article 6.7. Accessory Uses & Structures
  3. Single Unit Living
    1. Single-unit living is permitted on pre-existing lots of land within the MH district provided such lots conform to the site and design characteristics for single-unit living in the R-6 Zoning District as specified in Sections 2.2.1 or 2.2.8. A Tiny House meeting the definition of Manufactured Home is exempt from the requirements set forth in Section 2.2.8.E.

Sec. 4.5.2. Site Development Standards

Sec. 4.5.2. Site Development Standards aaron.sheppard… Tue, 05/23/2023 - 10:15
  1. Phasing
    Every manufactured home development must contain at least 10 manufactured home spaces in each phase.
  2. Streets, Sidewalks and Protective Yards
    1. All manufactured home spaces and lots must front a street meeting the requirements of Article 8.4. New Streets or Article 8.5. Existing Streets
    2. Sidewalks must provide pedestrian access within the development served and connect with public sidewalks, public streets and greenway access points.
    3. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all perimeter property lines.
    4. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
  3. Open Space Standards
    1. Minimum Acreage Required
      1. The required minimum outdoor open space provided for a manufactured home development shall be the greater of either:
        1. 10% of the land area of the development, excluding dedicated rights of-way unless density transfer is allowed from that right-of-way;
        2. 435.6 square feet per unit that is greater than 600 square feet in gross floor area. and 326.7 square feet per unit that is 600 square feet or less in gross floor area.
      2. Required minimum open space may be conveyed to the government, and if accepted, without reimbursement as part of a greenway easement.
      3. No off-street parking, drives or buildings shall be located in the open space, except when required to serve recreation facilities located within the open space (See Sec. 6.7.3.G.)
    2. Open Space Configuration
      1. With the exception of parks and greenways dedicated to the City, the minimum average open space quotient may not be less than 75 feet. The minimum open space quotient shall be calculated by dividing the square footage of open space used to comply with this requirement by 1/4 of the linear footage of its periphery.
      2. A minimum of 1/3 or 2 acres, whichever is less, of the required open space must be in 1 continuous part with a maximum average slope of 8% or less.
    3. Location
      1. The required open space must be contiguous to the manufactured home development.
      2. In the event that a manufactured home development is divided by a Thoroughfare, the amount of required open space for the tracts created by the Thoroughfare shall be allotted to those tracts in the same proportion as the units approved to be located on each tract.
  4. Grading and Drainage Plan
    1. A grading and drainage plan allowing positive drainage away from the manufactured home pad shall be approved by the City prior to any grading around any manufactured home pad.
    2. The surface of each manufactured home space shall have a manufactured home stand or pad graded for proper drainage and shall be covered by a paved slab or compacted earth, gravel or crushed stone adequate to meet Building Code requirements for foundation footings for manufactured homes. The remainder of the space shall be graded for drainage and graded areas grassed or otherwise provided with protective cover to prevent erosion.
  5. Clearing of Drainage Ways
    During the construction, preparation, arrangement and installation of improvements and facilities in a manufactured home development, the stream bed of each stream, creek or backwash channel located within the manufactured home development shall be maintained in an unobstructed state and the channel and banks of the stream shall be kept free of all debris, logs, timber, junk and other accumulations of a nature that would, in time of flood, clog or dam the passage of waters in their downstream course. Installation of appropriately sized stormwater drains, culverts, bridges or dams for water impoundments shall not be construed as obstructions in the stream.
  6. Floodplain Evacuation Plan
    An evacuation plan must be filed with the City Emergency Management Coordinator indicating alternative vehicular access and escape routes from manufactured home developments located within special flood hazard areas.
  7. Utilities and Sanitary Services
    All utility installations shall comply with applicable codes of the City, Wake County and the State of North Carolina, and the requirements of the North Carolina Utilities Commission.
    1. Each manufactured home space shall be connected to all utilities provided including water and sanitary sewer.
    2. Each manufactured home development shall connect to the City water system, and either the City sewer system if available or a community sewer system. All sewage wastes from each manufactured home development including wastes from toilets, showers, bathtubs, lavatories, wash basins, refrigerator drains, sinks, faucets and water-using appliances not mentioned here shall be piped into the manufactured home development sewage disposal system or City utility system.

Sec. 4.5.3. Manufactured Home Space Standards

Sec. 4.5.3. Manufactured Home Space Standards aaron.sheppard… Tue, 05/23/2023 - 10:15
  1. Minimum Lot Size
    The required minimum lot area is 6,000 square feet per unit that is greater than 600 square feet in gross floor area and 4,500 square feet per unit that is 600 square feet or less in gross floor area.
  2. Height
    No building or structure may exceed a height of 40 feet.
  3. Setbacks
    1. Manufactured Home
      Each manufactured home shall comply with the following setbacks.
      1. Primary street and side street setback: 20 feet minimum.
      2. Interior side setback: 5 feet minimum.
      3. Rear setback: 10 feet minimum.
      4. Building to building separation may be no less than 20 feet.
    2. Other Buildings and Uses
      Buildings and uses located in a manufactured home development, other than manufactured homes, shall not locate within 30 feet of a manufactured home or 20 feet of a street right-of-way, or within 5 feet of a side or rear property line.
  4. Skirting
    1. Foundation skirting shall be installed around all sides of a manufactured home and shall be uninterrupted except for required ventilation and access.
    2. Foundation skirting shall consist of brick, stone, siding material consistent with the siding material used on the structure or any rigid weatherproof material providing a solid barrier between the underside of the manufactured home and the stand.
  5. Accessory Structures
    1. A detached accessory structure, including but not limited to a storage shed, storage tank, greenhouse or gazebo, can be no larger than 100 square feet in size and can be located no closer than 10 feet to a manufactured home located on the same lot.
    2. No detached accessory structure may be located within 10 feet of any other structure, including other manufactured homes.
    3. Open structures, including but not limited to a deck, porch, stairway or any noncombustible awning, eave or carport, that exceed 3½ feet in height shall not be located within 10 feet of another manufactured home or 10 feet of another open structure associated with another manufactured home.
    4. Garages may not exceed 300 square feet in size and may not be located within 20 feet of any manufactured home or 10 feet of an open structure associated with another manufactured home. Garage and carport placement must comply with the standards of Sec. 1.5.12.
    5. No structure that exceeds 3½ feet in height is allowed to be located in the space between the manufactured home and the public right-of-way or private street.
    6. The allowed building elements for a manufactured home are a porch or stoop in accordance with Sec. 1.5.4.D.
  6. Unit Numbering
    Unit numbers for each manufactured home shall be installed in accordance with Sec. 7.3.13.K

Article 4.6. Campus (CMP)

Article 4.6. Campus (CMP) aaron.sheppard… Mon, 05/08/2023 - 10:14

Sec. 4.6.1. Campus Areas

Sec. 4.6.1. Campus Areas aaron.sheppard… Tue, 05/23/2023 - 10:16
  1. Single Entity
    1. Each CMP District must be under the control of a single entity and have a significant governmental interest or be a hospital, college or university.
    2. Each CMP District must either have a minimum site area of 5 acres or one or more contiguous city blocks.
    3. In the event that a portion of the property zoned CMP is sold fee-simple absolute to a third-party who is not governmental or a hospital, college or university (therefore becoming non-compliant with this Article), the non-compliant property must be rezoned. The third-party property owner shall submit a petition to rezone the property not owned by a governmental interest or a hospital, college or university within 6 months of the sale of the property.   ​​​​​​​​​​​​​​​​​​​​​
  2. District Dimensional Standards
    ​​​​​​​The controlling entity must follow the district standards below unless modified by the Campus Master Plan.
    1. Building height: 50 feet or 3 stories maximum.
    2. Primary street setback: 5 feet minimum.
    3. Side street setback: 5 feet minimum.
    4. Interior side or rear setback: 10 feet minimum.
  3. Neighborhood Transitions
    Neighborhood transitions under Article 3.5. Neighborhood Transitions apply to a CMP District.

Sec. 4.6.2. Modification of District Standards

Sec. 4.6.2. Modification of District Standards aaron.sheppard… Tue, 05/23/2023 - 10:18
  1. Master Plan Required
    The CMP District standards may be modified through City Council approval of a CMP Master Plan under Sec. 10.2.4. A CMP Master Plan allows modification of the district dimensional standards above and the following elements:
  2. Height
    1. A CMP Master Plan may designate height maximums as part of the general or detailed layout map as described in Sec. 4.6.3.A.4.
    2. Height on the edges of the CMP District should be compatible with adjacent development, and consider existing built patterns, mass, scale and character.
  3. Use and Development Standards
    A CMP Master Plan may modify the following requirements of Chapters 6 and 7. General Use and Development Standards:
    1. Section 6.1.4., Allowed Principal Use Table, and any Limited or Special Use standard listed in Articles 6.2. through 6.8.
    2. Article 7.1. Parking
    3. Article 7.2. Landscaping and Screening.
    4. Article 7.4. Site Lighting.
    5. Article 7.5. Outdoor Display and Storage.   ​​​​​​
  4. Allowed Sign Modifications
    Within a CMP District, the requirements of Article 7.3. Signs may be modified in accordance with Sec. 10.2.21. Custom Signage Plan. A request for the establishment of a CMP District may be filed concurrently with a Custom Signage Plan.
  5. Street and Blocks
    A CMP Master Plan may modify the following requirements of Chapter 8. Subdivision & Site Plan Standards:
    1. Article 8.3. Blocks, Lots, Access.
    2. Article 8.4. New Streets.
    3. Article 8.5. Existing Street

Sec. 4.6.3. Application Requirements

Sec. 4.6.3. Application Requirements aaron.sheppard… Tue, 05/23/2023 - 10:19
  1.  In addition to a rezoning application, a CMP Master Plan application must include the following required elements. More than one required element may be combined onto a single map/plan sheet so long as legibility is not adversely impacted.
    1. Vicinity Map.
    2. Existing Conditions Map.
    3. Vehicular Circulation Plan.
    4. General Layout Map delineating the boundaries of all district boundaries including Height and Frontage designations (if any). In lieu of designating Frontages on the General Layout Map, a Detailed Layout Map may be included that specifies the maximum and minimum building heights, maximum and minimum building setback lines for all structures and parking areas, and locations of residential and nonresidential land uses.
    5. Development Plan showing the proposed location of buildings.
    6. Pedestrian Circulation Plan.
    7. Parking Plan.
    8. Open Space Plan.
    9. Tree Conservation Area Plan.
    10. Major Utilities Plan.
    11. Generalized Stormwater Plan.
    12. Phasing Plan, if more than one phase is contemplated.
    13. An illustrative 3-dimensional model or rendering that shows building elevations, location of streets and prominent site features. The 3-dimensional model must illustrate the potential massing and scale of the proposed development, but will not be regulatory.
    14. Common Signage Plan (see Sec. 7.3.16.H.).
  2. Each application must also include the following.
    1. The specific standards intended to be modified as part the approval process. If a standard is not listed as being modified, then the standard is considered applicable and must be adhered to. However, subsequent requests for alternative compliance and variances may still be submitted.
    2. The proposed maximum number of dwelling units by phase or subdistrict.
    3. The proposed maximum square footage of nonresidential floor area by phase or subdistrict.
    4. A general description of how the CMP District conforms with the Comprehensive Plan.
    5. A general description of how the CMP District meets the intent of Sec. 4.1.1.E.
    6. An Allowable Principal Use Table, listing each use in Section 6.1.4. and denoting whether each use is a permitted use, limited use, special use, or not permitted.

Sec. 4.6.4. Master Plan Amendments

Sec. 4.6.4. Master Plan Amendments aaron.sheppard… Tue, 05/23/2023 - 10:20

Any amendment to an approved CMP Master Plan shall follow the procedures below.

  1. Administrative Amendments
    The City shall administratively approve CMP Master Plan amendments that propose any of the following alterations.
    1. An increase or decrease to the allowable residential density, total number of dwelling units not to exceed 10%.
    2. An increase or decrease to the minimum required nonresidential square footage or maximum permitted nonresidential square footage, not to exceed 10%.
    3. An increase to allowable height (as measured in feet), provided the increase does not exceed the maximum number of feet permitted by story in the height categories contained within Article 3.3. Height Requirements. The Planning Director may not administratively approve an increase in number of stories as specified in the Master Plan.
    4. A transfer of nonresidential floor area or residential dwelling units, from one area to another, not to exceed a 20% maximum for each standard.
    5. Minor adjustments in location of building, parking, recreation or sporting facilities and open space areas. A minor adjustment shall be a modification in orientation or distance to property line; however, the adjustment shall not exceed 100 feet in distance from the approved location, and shall not be located any closer than 50 feet to the boundary of the CMP District. However, where a building or parking area is shown on the approved Master Plan within 50 feet of a property line, the building or parking area adjustment may not be located any closer to the property line than as shown on the approved Master Plan. An adjustment to the location of transit facilities is permitted, provided the adjustment occurs prior to the recordation of the transit easement.
    6. An exchange of open space area, provided the exchanged properties are of like acreage, value and utility and that no tree conservation area or Open Space Plan has been recorded for the requested exchanged properties with the register of deeds office in the county where the property is located.
    7. An exchange of above ground stormwater control facilities of like size. The Planning Director may not administratively approve the relocation of an above ground stormwater facility to a location closer than 50 feet from the boundary of the CMP District boundary.
    8. A relocation of access points, driveways or sidewalks either within or outside of the public right-of-way with the concurrence of the Development Services Department.
    9. A relocation of a fence, wall, sign or utility. Fences or walls required for transition areas or buffer yards may not be removed or relocated to an area that conflicts with the buffering requirement.
    10. Any requirement associated with a permitted change must be shown on the Master Plan.
  2. Non-Administrative Amendments
    Any other amendment not listed in Sec. 4.6.4.A. shall be subject to the rezoning process specified in Sec. 10.2.4.
  3. Committed Elements
    Where a CMP Master Plan specifies certain committed timed elements, the applicant may request an extension for up to 1 year, to be granted by the Planning Director provided development within the Master Plan or in the vicinity has not created the need for the committed timed elements.

Article 4.7. Planned Development (PD)

Article 4.7. Planned Development (PD) aaron.sheppard… Mon, 05/08/2023 - 10:15

Sec. 4.7.1. Establishment of a PD District

Sec. 4.7.1. Establishment of a PD District aaron.sheppard… Tue, 05/23/2023 - 10:20

A PD District is a customized zoning district that must be approved along with a Planned Development Master Plan in accordance with Sec. 10.2.4.

Sec. 4.7.2. Modification of Standards

Sec. 4.7.2. Modification of Standards aaron.sheppard… Tue, 05/23/2023 - 10:21
  1. Except as noted in this Article, development in a PD District must conform to all applicable provisions of this UDO.
  2. The PD District allows modification of the following, as approved by the City Council under Sec. 10.2.4.:
    1. Chapter 2. Residential Districts;
    2. Chapter 3. Mixed Use Districts;
    3. Chapter 6. Use Regulations;
    4. Chapter 7. General Development Standards;
    5. Article 8.3. Blocks, Lots, Access;
    6. Article 8.4. New Streets; and
    7. Article 8.5. Existing Streets.
  3. A PD district may be of any size. A PD District that specifies a single structure must include a mixed use building type. A PD District that includes multiple buildings must include at least one of the following building types: townhouse, apartment, mixed-use building or a general building. For a PD District with multiple buildings, at least 2 building types must be included in the first phase of development.
  4. Proposed density modifications in the districts that permit residential uses may propose lower maximum densities than the district currently allows, but cannot propose densities that exceed the district maximum.
  5. Proposed use changes may remove a use or convert a permitted or limited use to a special use, or convert a permitted use to a limited use, but cannot allow a prohibited use, make a special use a permitted or limited use or make a limited use a permitted use.
  6. Proposed modifications to the street cross-sections within Article 8.4. New Streets may only be requested for Sensitive, Local and Mixed Use Streets. Major Streets, Industrial and Service Streets and Accessways may not be modified or altered. The approval of alternative street cross-sections and minimum block length standards may not cause the Level of Service to fall below Level of Service D (LOS “D”). G. Each Planned Development is required to provide at least 10% of the gross site area as open space. This open space shall adhere to Sec. 2.5.
  7. If modifications to the maximum block standards in Sec. 8.3.2 are proposed, a pedestrian passage meeting the standards of 8.5.8.b must be provided in the future site plan or subdivision that maintains the same connectivity that the block perimeter standard would have required. 

    A pedestrian passage is not required if it would be obstructed by any of the following: i. existing improvements where the value of such improvements is more than twice the land value of the parcel on which the improvements are located; railroad, controlled access highway, steep slopes in excess of 25% within 10 feet of the property line, or watercourse that has one (1) square mile of drainage area or more. 

Sec. 4.7.3. Allowed Sign Modifications

Sec. 4.7.3. Allowed Sign Modifications aaron.sheppard… Tue, 05/23/2023 - 10:21

Within a PD District, the requirements of Article 7.3. Signs may be modified in accordance with Sec. 10.2.21. Custom Signage Plan. A request for the establishment of a PD District may be filed concurrently with a Custom Signage Plan.

Sec. 4.7.4. Application Requirements

Sec. 4.7.4. Application Requirements aaron.sheppard… Tue, 05/23/2023 - 10:22
  1. In addition to a rezoning application, a PD Master Plan Application must include the following required elements. More than one required element may be combined onto a single map/plan sheet so long as legibility is not adversely impacted.
    1. Vicinity Map.
    2. Existing Conditions Map.
    3. Street and Block Plan.
    4. General Layout Map delineating the boundaries of all general and overlay zoning district boundaries including Height and Frontage designations (if any) 
    5. In lieu of designating Height and Frontages on the General Layout Map, a Detailed Layout Map may be included that specifies the maximum and minimum building heights, maximum and minimum building setback lines for all structures and parking areas, and locations of nonresidential land uses.
    6. Description of modifications to general district use regulations made in accordance with Sec. 4.7.2.E.
    7. Development Plan showing the location of proposed building types.
    8. Pedestrian Circulation Plan.
    9. Parking Plan.
    10. Open Space Plan.
    11. Tree Conservation Area Plan, if the site is 2 acres in size or larger.
    12. Major Utilities Plan.
    13. Generalized Stormwater Plan.
    14. Phasing Plan, if more than one phase is contemplated.
    15. If residential lots to be created are less than 4,000 square feet in size, a Utility Service Plan shall be required.
    16. An illustrative 3-dimensional model or rendering that shows building elevations, location of streets and prominent site features. The 3-dimensional model must illustrate the potential massing and scale of the proposed development, but will not be regulatory.
    17. Common Signage Plan (see Sec. 7.3.16.H.).
    18. Residential Buffer Plan.
  2. Each application must also include the following.
    1. The specific standards intended to be modified as part of the approval process. If a standard of this UDO is not listed as being modified, then the standard is considered applicable and must be adhered to. However, subsequent requests for alternative compliance and variances may still be submitted.
    2. The proposed maximum number of dwelling units by building type for each PD subdistrict.
    3.  The proposed maximum square footage of nonresidential floor area by building type for each PD subdistrict. 
    4. For all Master Plans that include a Mixed Use District, a general description of how the PD District conforms with the Urban Design Guidelines for Mixed Use Developments in the Comprehensive Plan and the General Design Principles for PD Districts listed in Sec. 4.7.5.
    5. A general description of how the PD District conforms with the Comprehensive Plan.
    6. A description of how the PD District meets the intent of Sec. 4.1.1.F.
  3. In lieu of the establishment of a property owners' association, if a unit of government or its institutions owns all of the land in the Planned Development District, it may contract with the City of Raleigh to be fully responsible for the maintenance, repair and replacement of open space areas, private drives and walkways, private utility lines located outside City of Raleigh utility easements or public street rights of way, stormwater control facilities and any other shared facility not conveyed to the City which serves more than one lot in a Planned Development District.
  4. The open space shall be available to all persons within the development. This contract shall further provide that if any portion of the Planned Development District is sold to a non-governmental entity without first establishing a property owners' association, the property shall automatically and without further public hearing be rezoned to the zoning district(s) which preceded the establishment of the Planned Development District.
  5. A memorandum of this contract describing the property and the provisions of the contract shall be recorded with the local county register of deeds office. All documents required herein shall be submitted prior to the recording of any plats or issuance of any construction permit in those instances where the property is already subdivided.

Sec. 4.7.5. General Design Principles

Sec. 4.7.5. General Design Principles aaron.sheppard… Tue, 05/23/2023 - 10:22

If applicable, the following general design principles will be considered when reviewing an application for a PD District.

  1. When at least 20 residential units are proposed, the project includes a variety of housing stock that serves a range of incomes and age groups, and may include detached houses, attached houses, townhouses, apartments and dwelling units above first floor commercial spaces.
  2. Uses are compact and well-integrated, rather than widely separated and buffered.
  3. Compatibility among different uses is achieved through effective site planning and architectural design.
  4. A variety of business types are accommodated, from retail and professional offices to live-work. Office uses vary from space for home occupations to conventional office buildings. Retail uses range from corner stores to larger format supermarkets.
  5. Special sites, such as those at a terminated vista, are reserved for public or civic buildings and spaces that serve as symbols of the community, enhancing community identity.
  6. The project includes a variety of street types designed to be accessible to the pedestrian, bicycle and automobile. Streets are connected in a way that encourages walking and reduces the number and length of automobile trips.
  7. Bicycle circulation is accommodated on streets and on dedicated bicycle paths, greenways or trails with adequate bicycle parking facilities being provided at appropriate locations.
  8. Building facades spatially delineate the streets and civic spaces, and mask parking lots.
  9. Architecture and landscape design are based on the local climate, topography, history and building practice.
  10. The project includes open space as a significant element of the project's design. Formal and informal, active and passive open spaces are included. Open spaces may include, but are not limited to, squares, plazas, greens, preserves, farmers markets, greenways and parks.
  11. The project is compatibly integrated into established adjacent areas, and considers existing development patterns, scale and use.
  12. The project is a clearly identifiable or legible place with a unique character or unique tradition.
  13. Public art, including but not limited to, monuments, sculpture and water features, is encouraged. 
  14. N. Entertainment facilities, including but not limited to, live music venues and theatres, are encouraged.

Sec. 4.7.6. Master Plan Amendments

Sec. 4.7.6. Master Plan Amendments aaron.sheppard… Tue, 05/23/2023 - 10:22

Any amendment to an approved PD Master Plan, including those approved prior to September 1, 2013, shall follow the procedures below.

  1. Administrative Amendments
    The Planning Director shall administratively approve PD Master Plan amendments that propose any of the following alterations.
    1. An increase or decrease to the allowable residential density, total number of dwelling units not to exceed 10%.
    2. An increase or decrease to the minimum required nonresidential square footage or maximum permitted nonresidential square footage, not to exceed 10%.
    3. An increase to allowable height (as measured in feet), provided the increase does not exceed the maximum number of feet permitted by story in the height categories contained within Article 3.3. Height Requirements The Planning Director may not administratively approve an increase in number of stories as specified in the Master Plan.
    4. A transfer of nonresidential floor area or residential dwelling units, from one area to another, not to exceed a 20% maximum for each standard.
    5. Minor adjustments in location of building, parking and open space areas. A minor adjustment shall be a modification in orientation or distance to property line; however, the adjustment shall not exceed 100 feet in distance from the approved location, and shall not be located any closer than 50 feet to the boundary of the PD District. However, where a building or parking area is shown on the approved Master Plan within 50 feet of a property line, the building or parking area adjustment may not be located any closer to the property line than as shown on the approved Master Plan. An adjustment to the location of transit facilities is permitted, provided the adjustment occurs prior to the recordation of the transit easement.
    6. An exchange of open space area, provided the exchanged properties are of like acreage, value and utility and that no tree conservation area or Open Space Plan has been recorded for the requested exchanged properties with register of deeds office in the county where the property is located 
    7. An exchange of above ground stormwater control facilities of like size. The Planning Director may not administratively approve the relocation of an above ground stormwater facility to a location closer than 50 feet from the boundary of the PD District.
    8. A relocation of access points, driveways or sidewalks either within or outside of the public right-of-way with the concurrence of the Development Services Department.
    9. A relocation of a fence, wall, sign or utility. Fences or walls required for transition areas or buffer yards may not be removed or relocated to an area that conflicts with the buffering requirement.
    10. Any requirement associated with a permitted change must be shown on the Master Plan. By example, if a 10% increase in density requires a different street cross-section, the street cross-section must be updated on the Street and Block Plan.
    11. Modifications to the approved unified sign criteria for the master plan area with the concurrence of the Development Services Department.
      1. Color, design and script alterations.
      2. Reallocation of maximum square footage within the master plan area.
      3. The addition of a ground sign in excess of the provisions in Article 7.3, provided:
        1. No more than one ground sign may be added administratively; 
        2. The master plan must be at least 25 acres in size; contain at least 60,000 developed square feet of non-residential uses and at least 200 developed dwelling units;
        3. The ground sign must be at least 250 feet from any other ground sign within the master plan area and at least 200 feet from a mixed use building; and iv. All other provisions of Article 7.3 are met.
  2. Non-Administrative Amendments
    Any other amendment not listed in Sec. 4.7.6.A. shall be subject to the rezoning process specified in Sec. 10.2.4.
  3. Existing Master Plan Documents
    All PD Master Plans in existence prior to September 1, 2013, shall not be considered nonconforming; where conflicting provisions exist in this UDO, these previously approved Master Plans may be constructed in accordance with the approved Master Plan.
  4. Committed Elements
    Where a PD Master Plan specifies certain committed timed elements, the applicant may request an extension for up to 1 year, to be granted by the Planning Director provided development within the PD District or in the vicinity has not created the need for the committed timed elements.