1. General Purpose
   1. The intent of the Overlay Districts is to apply regulations that achieve a specific purpose to a targeted area.
   2. Except for uses explicitly permitted in the Transit Overlay District, if a use is prohibited in either an applicable Overlay District or the General Use District, then that use is prohibited, even though one of the districts allows the use. The enumeration of expressly prohibited uses shall not be deemed either exclusive or all-inclusive.
   3. In the event of a conflict with the General Use District, the overlay standards shall apply.
2. Environmental Overlays
   1. Airport Overlay District (-AOD)
      1. The -AOD protects the efficiency and long term usefulness of an area's aviation facilities, highways, arterials and major streets by controlling the type and design of land uses in proximity to such facilities.
      2. Provisions are made to ensure the attractiveness of this significant gateway to the City, and to protect the public from adverse health effects and annoyance by aircraft noise.
      3. Residential and similar uses are prohibited in the -AOD. The uses permitted are better able to protect themselves from aircraft noise and implement the functions of the airport.
   2. Metro-Park Overlay District (-MPOD)
      1. The -MPOD preserves and protects the integrity of large natural parks that serve the citizens of Raleigh, the region and the state.
      2. Parks are protected from incompatible uses and intense developments, by the application of impervious surface and building height limitations near the boundaries of any Metro-Park.
      3. In general, land in a -MPOD is approximately 1,000 to 1,500 feet deep, as measured from the boundary of a Metro-Park, and follows identifiable features or boundaries, wherever possible.
   3. Urban Watershed Protection Overlay District (-UWPOD)
      1. The -UWPOD is intended to protect the integrity of drinking water in Raleigh and surrounding communities, so as to provide clean and safe water for residents, business, industries, plant and animal life at a reasonable cost.
      2. The -UWPOD is applicable to Class WS-IV waters only and is divided into 2 areas: a primary water supply watershed protection area and a secondary water supply watershed protection area.
      3. Regulations in the -UWPOD include impervious surface limitations and natural resource buffer yards. Use limitations are imposed by this overlay district.
   4. Falls Watershed Protection Overlay District (-FWPOD)
      1. The -FWPOD is intended to protect the integrity of drinking water in Raleigh and surrounding communities, so as to provide clean and safe water for residents, businesses, industries, plant and animal life at a reasonable cost.
      2. The -FWPOD is applicable to Class WS-IV waters only and is divided into 2 areas: a primary reservoir watershed protection area and a secondary reservoir watershed protection area.
      3. Regulations in the -FWPOD include impervious surface limitations and natural resource buffer yards. Along watercourses, additional design standards are applied. Use limitations are imposed by this 0verlay district.
   5. Swift Creek Watershed Protection Overlay District (-SWPOD)
      1. The -SWPOD is intended to protect the integrity of drinking water in Raleigh and surrounding communities, so as to provide clean and safe water for residents, businesses, industries, plant and animal life at a reasonable cost.
      2. The -SWPOD is applicable to Class WS-III waters only and is divided into 2 areas: a primary reservoir watershed protection area and a secondary reservoir watershed protection area.
      3. Regulations in the -SWPOD include impervious surface limitations and natural resource buffer yards. Along watercourses, additional design standards are applied. Use limitations are imposed by this overlay district.
3. Corridor Overlays
   1. Special Highway Overlay Districts (-SHOD-1 and -SHOD-2) -SHOD-1 and -SHOD-2 protect and preserve the natural scenic beauty along designated major access corridors and specified principal arterials. Maintaining the attractiveness of these corridors and arterials enhances the economic value of the community by encouraging tourism and trade. -SHOD-1 and -SHOD-2 are established for the purpose of:
      1. Protecting the public investment in and lengthening the time during which major access corridors and specified principal arterials can continue to serve their functions without expansion or relocation by expediting the free flow of traffic and reducing the hazards arising from unnecessary points of ingress and egress and cluttered roadside development;
      2. Reducing the costs of future roadway expansions by requiring that buildings and structures be sufficiently set back from the right of-way to provide adequate storage for vehicles until they can safely enter the highway;
      3. Reserving adequate roadside space through which neighborhood traffic may be admitted to and from the roadway system in a manner that avoids undue traffic concentrations, sudden turning and stopping and other hazards; and
      4. In contrast to -SHOD-1, -SHOD-2 contains no additional height or gross site size. -SHOD-2 requires a narrower protective yard and less planting than -SHOD-1.
4. Character Protection Overlays
   1. General Historic Overlay District (-HOD-G)
      1. The -HOD-G preserves and protects certain areas, structures, buildings and objects within the City's zoning jurisdiction that are considered to be valued and important assets and have special significance in terms of one or more of the following: history, prehistory, archaeology, architecture and culture and possess integrity of design, setting, materials, feeling and association.
      2. Regulations promote the use of and conservation of Historic Districts for the education, pleasure and enrichment of the residents of Raleigh, Wake County and the State of North Carolina.
   2. Streetside Historic Overlay District (-HOD-S)
      1. The -HOD-S preserves and protects certain areas, structures, buildings and objects within the City's zoning jurisdiction that are considered to be valued and important assets and have special significance in terms of one or more of the following: history, prehistory, archaeology, architecture and culture and possess integrity of design, setting, materials, feeling and association.
      2. Regulations promote the use of and conservation of Historic Districts for education, pleasure and enrichment of the residents of Raleigh, Wake County and the State of North Carolina.
      3. In contrast to the -HOD-G, a -HOD-S applies only to structures as viewed from the adjacent street.
   3. Neighborhood Conservation District (-NCOD)
      1. The -NCOD preserves and enhances the general quality and appearance of older neighborhoods, for it is recognized that built environmental characteristics are a major part of the identity and positive image of the City.
      2. Through the regulation of street design, greenways, rights-of-way and built environmental characteristics, -NCOD stabilizes and improves property values and promotes local design qualities.
      3. By respecting the context of existing built environmental characteristics, the -NCOD reduces conflicts between new construction and existing development, and it encourages compatible infill development.
5. Transit Overlays
   1. Transit Overlay District (-TOD)
      1. When combined with a base district, the -TOD allows for intense, compact and walkable mixed-use development in core areas around planned transit stations as designated on the Urban Form Map or in an adopted station area plan
      2. The -TOD modifies the underlying district, height, frontage, and use standards to promote a vibrant pedestrian core by prohibiting certain incompatible uses, and requiring that buildings have a minimum of 2 stories.
6. Parking Overlays
   1. Special Residential Parking Overlay District (-SRPOD)
      1. The -SRPOD restricts parking area, location and surfacing for detached structures used for single unit living.
      2. The requirement to park vehicles on an improved surface reduces soil compaction and erosion, which is detrimental to the City’s storm sewer utility.
      3. The standards permit the orderly parking of vehicles on-site.

Sec. 5.2.1. Airport Overlay District (-AOD)

1. Uses
   1. Permitted Uses
      Unless prohibited in Sec. 5.2.1.A.3., those uses permitted in the underlying district shall be permitted in the -AOD. In addition, the following uses are subject to the use standards stated in Sec. 5.2.1.A.2.
      1. Allowed outdoor storage under Sec. 7.5.3.; and
      2. Concrete and cement mixing plants, including the outdoor storage of materials used in production.
   2. Use Standards for Allowed Uses
      The following use standards apply to those uses identified in Sec. 5.2.1.A.1. Uses shall be fully shielded with either a permanent overhead cover or a canopy of shade trees that meets all of the following.
      1. There must be at least 1 locally-adapted shade tree for every 2,000 square feet of total site area.
      2. The shade trees must be adequately protected from damage due to activities performed or materials stored on the site.
      3. The shade trees must be distributed within the site area so that at maturity the expected combined tree canopy covers at least 35% of the site area.
      4. If the site area is greater than 5 acres, the site must be divided in segments of no greater than 5 acres in size and all segments must be separated from one another by an expected canopy of shade trees of at least 100 feet wide.
      5. Compliance with all the above conditions must be achieved without including trees located in a required protective yard.
   3. Prohibited Uses
      The following uses are prohibited in an -AOD:
      1. All household living;
      2. All group living;
      3. All social service;
      4. All civic except for cemeteries and police, fire and EMS stations;
      5. Day cares;
      6. Hospitals;
      7. Detention centers, jails, prisons;
      8. Resource extraction, landfills;
      9. Off-premise signs; and
      10. Any use that involves dangerous, noxious or offensive activity that has excessive smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception, radiation or any other likely cause.
2. Setbacks and Height
   1. Setbacks
      The setbacks of the underlying district apply in the -AOD.
   2. Height
      The maximum height limits of the underlying zoning district apply unless the height regulations adopted by the Raleigh-Durham Airport Authority are more restrictive, in which case the more restrictive height limits apply.
3. Supplemental Regulations
   1. Lighting
      All outdoor lighting shall be full cutoff. FAA-approved warning lights to mark obstructions to aircraft are exempted from this regulation.
   2. Rooftops
      Rooftops shall be uniform in color and made of non-reflective material.

Sec. 5.2.2. Metro-Park Overlay District (-MPOD)

1. Applicability
   No building, structure, use, impervious surface, tree conservation area or light shall be constructed, established, moved, altered, changed or increased in size within a -MPOD except in conformity with the regulations contained in this section for the adopted -MPOD.
2. Permitted Uses
   Uses permitted in the underlying district are permitted in a -MPOD.
3. Prohibited Uses and Activities
   Prohibited uses and activities in a -MPOD:
   1. Any establishment, use or trade that emits detectable odor at a Metro-Park boundary more than 15 minutes in any 1 day or more than 2 days out of the calendar month;
   2. Above-ground storage of hazardous waste, as defined in the Code of Federal Regulations 2161.3 and 263.33, or as the same may be amended by law, except up to 55 gallons which shall be stored inside a fully impervious structure. This prohibition does not include underground storage in tanks which meet applicable fire prevention standards and federal and state regulations and otherwise comply with the City Code; and
   3. Use of outdoor speakers within 500 feet of a Metro-Park boundary.
4. Setbacks
   1. Separation and Protective Yards
      1. The setbacks of the underlying zoning district shall apply with the exception that any portion of a site that is two acres and larger abutting a Metro-Park boundary requires a 32-foot wide primary tree conservation area along the entire length of the property boundary.
      2. No tree or land disturbing activity, animal pen, structure, fence, septic system, stormwater facility or vehicular surface area may be located within 32 feet of a Metro-Park boundary.
   2. Natural Resource Buffer Yards
      All sites two acres and larger with watercourses that both drain into a Metro-Park and have concentrated flow from a drainage area of at least 5 acres must establish a primary tree conservation in accordance with Sec. 9.2.3.
   3. Height
      1. Buildings and structures located within 1,000 feet of a Metro-Park boundary shall be limited to a maximum height of 45 feet, provided that no building is greater than 2½ stories.
      2. Buildings and structures not otherwise restricted to a lower height located further than 1,000 feet from a Metro-Park boundary, which are more than 45 feet high or contain more than 2½ stories can add 25 feet of additional setback from the 1,000-foot distance from the edge of the Metro-Park boundary for each foot of height greater than 45 feet.
5. Supplementary Regulations
   1. Lighting
      1. No exterior lighting may cause illumination in excess of 0.4 foot candles measured at the boundary of the Metro-Park.
      2. Full-cutoff lights must be used for all lighting.
      3. No external illumination of buildings that face the boundary of the Metro-Park is allowed except for the exterior lighting of building entrances, exits or loading docks.
      4. No provision of a -MPOD shall be in conflict with applicable FAA lighting regulations.
   2. Impervious Surface Coverage
      Excluding streets, impervious surface areas may not be added so that the impervious surface lot coverage exceeds 45% in areas that drain into the Metro-Park. Impervious surface coverage greater than 30% but less than 45% of the lot is allowed but only when identified pollutants (such as nitrogen and/or phosphorous) are reduced by a minimum of 25%.
6. Hardships
   1. In those instances where in accordance with Sec. 10.2.10., the Board of Adjustment determines that the application of these regulations would deprive the landowners of reasonable use of their land, the Board of Adjustment may alter the impervious surface coverage limits, increase height restrictions and reduce the widths of the protective yard as determined necessary.
   2. Maintenance of the protective yard should be given the highest priority bythe Board of Adjustment when making its determination to modify one or more of these regulations.
7. Existing Structures, Uses and Impervious Surfaces
   1. All structures, uses and impervious surfaces, watercourses and lighting existing at the time that the -MPOD is first applied to the property shall not be deemed a zoning nonconformity solely because of this overlay district.
   2. All additions, changes, expansions and alterations to existing structures, impervious surfaces, lighting and uses must comply with the regulations of the -MPOD, unless the Board of Adjustment approves a special use permit under Sec. 10.2.9. allowing the addition, change, expansion or alteration.
   3. In addition to the showings required by Sec. 10.2.9.E.4. through 8., all of the following standards shall be met:
      1. The expansion does not, singularly or collectively, exceed 25% of the total gross floor area of the building or use existing at the time the -MPOD overlay zoning district regulations were first applied to the property.
      2. The building or use existed at the time the -MPOD overlay zoning district regulations requirements were first applied to the property.
      3. The requested activity complies with all requirements and regulations of this UDO other than the -MPOD overlay zoning district regulations.
      4. Except where pre-existing structures, septic systems, wells, stormwater facilities, and vehicular surface drives and vehicular spaces that do not exceed the maximum allowed in table 7.1.2.C prevent the planting of trees, tree conservation areas are established in accordance with Sections 5.2.2.C.1.a. and 5.2.2.C.2.
   4. Nothing shall be deemed to permit the reconstruction—similar or different, whole or in part—of a building, improvement or use existing at the time the NCOD overlay zoning regulations were first applied to the property that has been voluntarily demolished or discontinued. Voluntarily torn down buildings and improvements or discontinued uses shall be replaced with buildings, improvements and uses that comply with the regulations of the -MPOD.

1. Base Standards Apply
   Unless specifically set forth in this section, allowed uses, dimensional requirements, height limits and general development standards of the underlying zoning district apply.
2. Prohibited Uses
   The following uses are prohibited:
   1. New landfills; and
   2. New sites for land application of sludge, residuals or petroleum contaminated soils.
3. Additional Development Standards
   Watercourse buffer, impervious surface, stormwater runoff and water quality requirements are set forth in Sec. 9.5.1.

1. Base Standards Apply
   Unless specifically set forth in this section, allowed uses, dimensional requirements, height limits and general development standards of the underlying zoning district apply.
2. Prohibited Uses
   The following uses are prohibited:
   1. New landfills
   2. New sites for land application of sludge, residuals or petroleum contaminated soils.
3. Additional Development Standards
   Watercourse buffer, impervious surface, stormwater runoff and water quality requirements are set forth in Sec. 9.5.2.

1. Base Standards Apply
   Unless specifically set forth in this section, allowed uses, dimensional requirements, height limits and general development standards of the underlying zoning district apply.
2. Prohibited Uses
   The following uses are prohibited:
   1. New landfills.
   2. New sites for land application of sludge, residuals or petroleum contaminated soils.
3. Additional Development Standards
   Watercourse buffer, impervious surface, stormwater runoff and water quality requirements are set forth in Sec. 9.5.3.

Sec. 5.3.1. Special Highway Overlay Districts (-SHOD-)

1. District Designation
   1. -SHOD-1 and -SHOD-2 are located on either side of a Major Access Corridor, Thoroughfare or Arterial, near or adjacent to Metro-Parks, airports, research parks or Wake County Special Highway Overlay Districts, beginning at the outer edge of the right-of-way.
   2. Each Special Highway Overlay District should be 1,000 to 1,500 feet deep, except a lesser distance should be applied where identifiable conditions exist to screen the visibility of motorists.
   3. District boundaries should follow identifiable boundaries whenever possible. However, when a new right-of-way has been established by the Comprehensive Plan, the district boundaries shall be calculated from the newly established right-of-way line.
2. Prohibited Uses
   Off-premise signs are prohibited.
3. Lot Area and Subdivision
   1. The minimum gross site size is 2 acres within the -SHOD-1, except for detached, attached, townhouse and apartment buildings, cottage courts, congregate care facilities and life care communities.
   2. Lots and uses on sites less than 2 acres in size are not to be deemed nonconforming by virtue of this Article.
   3. Uses and lots must be developed in accordance with a unified plan for landscaping, access, parking, loading, lighting, noise and siting of buildings.
4. Protective Yards
   1. In General
      1. If there is a conflict between a protective yard required by a Special Highway Overlay District and a protective yard established by the underlying district, the protective yard with the greater width controls.
      2. Where necessity requires the location of a public or private utility easement adjacent to the Major Access Corridor that prohibits locating the required planting of the protective yard immediately adjacent to the right-of-way, the required protective yard must be provided adjacent to the utility easement.
   2. Protective Yards in -SHOD-1
      1. Any portion of a lot abutting a Major Access Corridor requires a 50-foot protective yard landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation. When 2 Major Access Corridors intersect, the 50-foot wide protective yard applies for the entire length adjoining the Major Access Corridor inside the -SHOD-1.
      2. Any portion of a lot abutting a Major Access Corridor where the property both adjoins and gains access from a public Marginal Access Street and parallel to a Major Access Corridor requires a 25-foot protective yard landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation.
      3. Any portion of a lot abutting a Thoroughfare or Commercial Street, other than a Major Access Corridor, that intersects with and gains access from a Major Access Corridor requires a 50-foot protective yard for a distance of 200 feet from the intersection of the rights-of-way. All protective yards must be landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation.
   3. Protective Yards in -SHOD-2
      1. Any portion of a lot abutting a Major Access Corridor requires a 25-foot protective yard landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation. When 2 Major Access Corridors intersect, the 25-foot wide protective yard must apply for the entire length adjoining the Major Access Corridor inside the -SHOD-2.
      2. Any portion of a lot abutting a Major Access Corridor where the property both adjoins and gains access from a public Marginal Access Street and parallel to a Major Access Corridor requires a 25-foot protective yard landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation.
      3. Any portion of a lot abutting a Thoroughfare or Commercial Street, other than a Major Access Corridor, that intersects with and gains access from a Major Access Corridor requires a 25-foot protective yard for a distance of 200 feet from the intersection of the rights-of-way. All protective yards must be landscaped in accordance with Sec. 5.3.1.F. or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation.
5. Height
   1. Height in -SHOD-1
      Buildings and structures cannot exceed the maximum allowed height of the underlying district, or 80’ or 5 stories, whichever is less.
   2. Height in -SHOD-2
      Buildings and structures cannot exceed the maximum allowed height of the underlying district.
6. Planting Requirements in Protective Yards
   1. Required Plant Materials
      All required protective yards shall contain the following plantings.

      	Planting per 100 Lineal Feet
      	SHOD-1	SHOD-2
      Shade Trees
      Deciduous	7	3
      Evergreen	3	2
      Understory Trees	6	3
      Shrubs	32	16
      % Deciduous (max)	40%	40%
      Shrub Alternates	Wall, Fence or Berm	Wall, Fence or Berm

   2. Shade Trees
      1. All required trees must be a locally-adapted species with an expected mature height of 35 feet or greater and an expected mature crown spread of at least 30 feet or greater unless subject to an overhead power line in which case the mature height may be less.
      2. Each deciduous tree must be at least 14 feet in height and have a minimum caliper of 3½ inches at time of planting.
      3. Each evergreen tree must be at least 8 feet in height and have a minimum caliper of 2 inches at time of planting.
      4. Two evergreen trees a minimum of 4½ feet in height when planted may be substituted for each required evergreen tree.
      5. Trees cannot be planted within a tree conservation area or the critical root zone of an existing tree and must be planted at least 15 feet from any other tree and no further than 50 feet from any other tree, measured from tree trunk to tree trunk.
   3. Understory Trees
      1. Understory trees must be a locally-adapted species with an expected mature height of at least 15 feet and an expected mature crown spread of at least 15 feet.
      2. Each understory tree must be a minimum height of 6 feet tall at time of planting.
      3. Trees cannot be planted within a tree conservation area or the critical root zone of an existing tree and must be planted at least 15 feet from any other tree and no further than 50 feet from any other tree, measured from tree trunk to tree trunk.
   4. Shrubs
      1. All shrubs must be locally-adapted species, and when planted must be a minimum height of 24 inches. The expected maintained minimum height of the shrubs must be 5 feet within 3 years of planting.
      2. Shrub planting must form at least 1 continuous row of shrubs spaced 5 feet on center across the entire protective yard except for driveways. Shrubs must be planted outside of and adjacent to any tree conservation area. Shrubs cannot be planted within the critical root zone of any tree in protective yards that are not tree conservation areas.
      3. Either a wall or a solid fence at least 5 feet in height may be erected in lieu of the required shrubs in protective yards that are not tree conservation areas. The wall or fence in terms of appearance, texture, and quality must be made of the same or compatible material and color as the principal building. The erected wall or fence must be landscaped so that no more than two-thirds of its surface area will be visible within 3 years after the erection of the structure; 40% of the plant material may be deciduous. No planting is required for decorative fences.
      4. A berm with a minimum height of 3 feet, measured perpendicular to the center of the crown, may be substituted for a portion of the required shrubs. The berm must contain a rounded crown suitable for planting, and have a stabilized side slope of no greater than 3-to-1. A steeper side slope may be used in exceptional cases when all of the following are met:
         1. This steeper slope is sufficiently stabilized; and
         2. The landscape objectives of the overlay district are better achieved; and
         3. Physical constraints of the site prevent the use of a flatter slope.
      5. The berm must be planted with ¾ of the required number of shrubs.
      6. Shrubs planted on the berm may have a lesser mature height; provided that the expected combined height of the berm and planting after 3 years is 5 feet.
      7. A berm cannot be built in any protective yard whenever the protective yard is also a tree conservation area.
   5. General
      1. Maintenance of a required protective yard must conform to Sec. 7.2.4.D.
      2. No protective yard may remain denuded or exposed with bare soil.
      3. The location of required landscaping may not obstruct the views of motorists using any street, private driveway or the approach to any street intersection so as to constitute a traffic hazard, a condition dangerous to the public safety or violate the specifications under the Raleigh Street Design Manual.
7. Existing Vegetation
   1. General
      Where the protective yard basal area is less than 30 square feet per acre for each 50 linear feet, existing vegetation that meets or exceeds the quantity, spacing and height standards may be used to satisfy the protective yard requirements. Where the protective yard basal area is 30 square feet per acre or more for each 50 linear feet, such areas shall be primary tree conservation areas and must meet the requirements of Article 9.1. Tree Conservation.
   2. Tree Preservation Credit
      Preservation of existing live natural trees between the principal building and the street right-of-way can be credited towards the tree planting requirements of this section.
      1. Method of Calculation and Minimum Size
         Credit toward the required number of trees for each 100 feet will be given on a tree-for-tree basis for each preserved tree 3 inches DBH and larger provided such trees are evenly distributed across each 100 feet.
      2. Protected Ground Area
         1. The critical root zone of each preserved tree must be entirely within the protective yard with no tree disturbing activity within any critical root zone.
         2. During construction, the protective yard shall be protected with a tree protection fence. Credit for existing trees will not be allowed if there are any tree disturbing activities or encroachments in the protective yard.
      3. Unsafe and Diseased Trees
         No credit is allowed for any tree if the tree is unhealthy or dead or is a hazardous tree. The death of or replacement of any preserved tree which was used for credit requires the owner to plant new trees equal to the number of credited trees; such plantings must meet the requirements of this section.
      4. Minimum Tree Requirements
         In no case may credits for preserved trees eliminate the shade and understory tree spacing requirement above; no protective yard may contain less than 1 tree.
   3. Reduction of Shrubs
      The amount of required shrubs may be reduced by 50% if existing trees located in the protective yard meet the space, quantity and specification requirements are at least 25 feet tall and are preserved and protected from encroachments under Sec. 5.3.1.G.2.b.
   4. Supplemental Planting
      Supplemental plantings may be required, if it can be reasonably inferred that after 5 years, the existing vegetation will not meet the requirements of this section. Where such supplemental plantings are required, the plantings must meet the requirements of Sec. 5.3.1.F.
8. Expansions and Additions
   1. General Requirements
      Any new and expanded loading, utility service, and display area, building, structure, surface area of the use or vehicular surface may not locate in any protective yard.
   2. In -SHOD-1
      1. A protective yard at least 12 feet wide and containing 25% of the plantings required in Sec. 5.3.1.F. must be provided on the property if the gross floor area, surface area, vehicular surface area or any combination is increased by 25% of the existing area.
      2. For each additional percent of expansion greater than 25%, an additional 1½ feet of protective yard width and 3% of additional planting material must be added to the initial requirements until 100% of the requirements are met.
   3. In -SHOD-2
      1. A protective yard at least 10 feet wide and containing 40% of the plantings required in Sec. 5.3.1.F. must be provided on the property if the gross floor area, surface area, vehicular surface area or any combination is increased by 25% of the existing area.
      2. For each additional percent of expansion greater than 25%, an additional factor of 6/1o of a foot of protective yard width and 2 4/1o% of additional planting material must be added to the initial requirements until 100% of the requirements are met.
9. Lighting
   1. All outdoor lighting shall be full cutoff.
   2. No exterior lighting may cause illumination in excess of 4/1o maintained footcandle on any lot containing a dwelling, congregate care facility, continuing care retirement community or Residential District.
10. Outdoor Service Facilities
    Any outdoor pay window, drive-in facility, drive-thru facility, automated teller machine or any other outdoor service facility that is located on a lot that abuts a dwelling, congregate care facility, life care community or a Residential District, other than in a street, must be located at least 100 feet away from the abutting property line.

Sec. 5.4.1. General Historic Overlay District (-HOD-G)

1. A. Applicability
   This section applies to all individual Historic Landmarks and each General Historic Overlay District (-HOD-G) designated by the City Council.
2. Purpose and Objectives
   1. The -HOD-G is intended to preserve the historic significance of properties that are formally designated by the City. Locally designated historic districts are areas which are deemed to be of special significance in terms of their history, prehistory, architecture, archeology or culture, and to possess integrity of design, setting, materials, feeling and association. The -HOD-G seeks to preserve the overall historic character of the district, as well as the key, character-defining details of each of the contributing resources, and to assure that new construction is compatible with this historic context.
   2. The -HOD-G has the following objectives:
      1. To promote the preservation and continued use of individual properties and districts of historic significance;
      2. To preserve the integrity of historically significant resources;
      3. To support sustainability by reusing existing built resources; and
      4. To assure that new construction is compatible with the historic context of landmark properties and historic districts.
3. Certificate of Appropriateness Required
   1. In addition to all other approval processes, within the -HOD-G and for any Historic Landmark, no portion of the exterior features of any building or other structure (including walls, fences, light fixtures, steps, pavement, path or any other appurtenant features), trees, or above ground utility structure nor any type of outdoor advertising sign, or portion of the designated interior features of a Historic Landmark is to be erected, altered, restored, demolished or moved unless and until after an application for a Certificate of Appropriateness as to the exterior features, or portion of the designated interior features of a Historic Landmark, has been submitted and approved.
   2. A Certificate of Appropriateness shall be issued prior to any application for a building permit or other permit granted for the purpose of constructing, altering, moving or demolishing structures or appurtenant features being made, and shall be issued or denied, subject to such reasonable conditions as the Historic Development Commission may impose, according to such procedures as may be set forth elsewhere in this UDO or adopted by the Historic Development Commission.
   3. A Certificate of Appropriateness shall be required for all activities specified in this section whether a building permit or other permit is otherwise required or not; except that no Certificate of Appropriateness shall be required for:
      1. The ordinary maintenance or repair of any features that do not involve a change in:
         1. Design;
         2. Material;
         3. Color; or
         4. Outer appearance.
      2. The construction, reconstruction, alteration, restoration, moving or demolition of any feature which the Development Services Director certifies is required by the public safety because of an unsafe or dangerous condition.
      3. In the event of equipment failure, accidental damage or natural occurrences (such as electrical storms, tornadoes, ice storms and the like), the ordinary maintenance or repair of:
         1. Streets;
         2. Sidewalks;
         3. Pavement markings;
         4. Above-ground utility service lines; or
         5. Street signs, traffic signs or replacement of streetlight fixtures.
   4. All of the provisions of this section are applicable to construction, alteration, restoration, moving and demolition by the State of North Carolina, its political subdivisions, agencies, instrumentalities and public utilities.
   5. Individual certificates of appropriateness for each change may be requested, or if the activity is of the same character and involves a number of objects, as is the case with utility pole replacement, a programmatic certificate of appropriateness may be requested.
4. Prohibited Activities
   1. Prohibited activities within a -HOD-G or Historic Landmark include the following when conducted without an approved Certificate of Appropriateness:
      1. The erection, alteration, changing, restoration, moving or demolition of:
         1. Any entire building or structure;
         2. Any exterior features of a building or structure;
         3. Any site features (including walls, fences, light fixtures, steps, pavement, paths or any other appurtenant features);
         4. Trees;
         5. Any above-ground utility structure;
         6. Any type of outdoor advertising sign; or
         7. Any portion of the designated interior features of a Historic Landmark.
      2. The demolition by neglect (Article 11.8. Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts) of:
         1. Any contributing building or structure;
         2. Any exterior features of a contributing building or structure;
         3. Site features (including walls, fences, light fixtures, steps, pavement, paths or any other appurtenant features); or
         4. Any contributing outdoor advertising sign.
   2. The demolition of any entire building, site or structure within a pending -HOD-G or pending Historic Landmark is prohibited when conducted without an approved Certificate of Appropriateness:
      1. Any demolition during the pending designation may be delayed for a period up to 180 days from the date of issuance (unless the Historic Development Commission votes to waive or shorten it) or until the City Council takes final action, whichever occurs first.
      2. Should the City Council approve the designation prior to the expiration of the 180 day delay period, a new application for a certificate of appropriateness for demolition must then be filed; however, the maximum period of delay for such demolition certificate shall be reduced by the Historic Development Commission equal to the period of delay while the designation was pending.
5. Setbacks
   1. The minimum and maximum setbacks within the -HOD-G and for Historic Landmarks shall be congruous with the setbacks of any typical well-related nearby building and structure within 1½ blocks and in the overlay district, and congruous with the character of the Historic Landmark, as set forth in the historic development standards below or as defined in the designation documents or nomination.
   2. Where the setbacks or allowed encroachments of the underlying district conflict with these setback requirements, the setbacks of the historic development standards shall control.
6. Height
   1. Buildings and structures shall be congruous with the height of typical well-related nearby buildings and structures in the overlay district, and congruous with the character of the Historic Landmark, as set forth in the historic development standards below or as defined in the designation documents or nomination.
   2. Where the height regulations or allowed height encroachments of the underlying district conflict with these height requirements, the height requirements of the historic development standards shall control.
7. Signs
   No sign shall be erected, altered, restored or moved except in compliance with a Certificate of Appropriateness.
8. Historic Development Standards
   1. See documents entitled: "Design Guidelines for Raleigh Historic Districts and Landmarks dated May 2, 2017," “The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings,” and “The Secretary of the Interior’s Standards for the Treatment of Historic Properties and the Guidelines for the Treatment of Cultural Landscapes.” These documents are incorporated by reference as authorized by N.C. Gen. Stat. §160A-76, are made a part of this UDO and are on file with City Planning. These documents contain architectural guidelines and design standards that will be applied in considering applications for Certificates of Appropriateness to ensure as far as possible that the exterior features of buildings, structures and their associated features located within a -HOD-G, and designated as a Historic Landmark, remain in harmony with other buildings, structures and appurtenant features in the overlay district, and the character of the Historic Landmark.
   2. The current edition of “The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” shall be the sole standards and guidelines used in reviewing applications submitted by the State of North Carolina for a Certificate of Appropriateness.
   3. The issuance of a Certificate of Appropriateness shall not be prohibited in situations where, owing to special conditions affecting the structure (such as topography, availability of materials, and lot size) but not affecting the -HOD-G or Historic Landmarks generally, compliance with the historic development standards would cause an unusual and unnecessary hardship on the property owner beyond that which other property owners in the -HOD-G or of Historic Landmarks would meet.

1. Purpose and Objectives
   1. The -HOD-S is established to provide for protection of the traditional development patterns of an area and to preserve historic resources found in it. The focus is on maintaining that character and on preserving those key character-defining features of individual historic resources within the district, as viewed from the street right-of-way, excluding alleys (as further defined below).
   2. A -HOD-S consists of areas that are deemed to be of special significance in terms of their history, prehistory, architecture, archeology or culture, and to possess integrity of design, setting, materials, feeling, and association.
   3. The -HOD-S has the following objectives:
      1. To promote the preservation and continued use of areas that contain a number of properties of historic significance;
      2. To preserve the integrity of historically significant resources found in the area;
      3. To support sustainability by reusing existing built resources; and
      4. To assure that new construction is compatible with the broader characteristics of the historic context of area, as viewed from the street.
2. Applicability
   1. This section applies to each -HOD-S designated by the City Council.
   2. The provisions of Sec. 5.4.1.C through 5.4.1.H., with the exception of Sec. 5.4.1.C.3.iii., govern the administration of a -HOD-S, but apply only to the following areas within the boundaries of each -HOD-S:
      1. The public right-of-way for primary and side streets;
      2. The lot area between the public rights-of-way and the facade of any existing primary building or structure;
      3. 25% of the depth of the lot area adjacent to the public right-of-way for vacant lots;
      4. The first 50% of the depth of any existing principal building from the facade adjacent to a public right-of-way;
      5. Any addition to a building or structure that projects beyond an existing building’s maximum front and side wall and roof plane envelope regardless of distance from the public right-of-way;
      6. The entirety of any new principal building construction on a vacant lot;
      7. The entirety of any new accessory building construction located in whole or in part in areas Sec. 5.4.2.B.2.b. through Sec. 5.4.2.B.2.d. above; and
      8. The entirety of any Historic Landmark and its designated boundary area that may be located within a -HOD-S.

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1. Applicability
   1. No building, structure, lot boundary, dwelling unit, vehicular surface area, street right-of-way or greenway shall be constructed, established, moved, alter, changed or increased in size or number within a -NCOD except in conformity with the regulations contained in this section for the adopted -NCOD.
   2. All lots and structures existing at the time that the -NCOD is first applied to the property shall not be deemed a zoning nonconformity solely because of this overlay district.
   3. All additions, changes, expansions and alterations to existing structures, impervious surfaces and uses must comply with the regulations of the -NCOD, unless the Board of Adjustment approves a special use permit under Sec. 10.2.9. allowing the addition, change, expansion or alteration.
   4. In addition to the showings required by Sec. 10.2.9.E.4. through 8., all of the following standards shall be met:
      1. The expansion does not, singularly or collectively, exceed 25% of the total gross floor area of the building or use existing at the time the -NCOD overlay zoning district regulations were first applied to the property.
      2. The building or use existed at the time the -NCOD overlay zoning district regulations requirements were first applied to the property.
      3. The requested activity complies with all requirements and regulations of this UDO other than the -NCOD overlay zoning district regulations.
   5. Nothing shall be deemed to permit the reconstruction—similar or different, whole or in part—of a building, improvement or use existing at the time the -NCOD overlay zoning regulations were first applied to the property that has been voluntarily demolished or discontinued. Voluntarily torn down buildings and improvements or discontinued uses shall be replaced with buildings, improvements and uses that comply with the regulations of the -NCOD.
2. Locational Guidelines
   Except for applications filed by the City or otherwise authorized by the City Council, City Planning is instructed not to accept -NCOD applications unless the application meets all the following:
   1. Is requesting that either at least a minimum of 15 contiguous acres be zoned -NCOD or that an existing -NCOD be extended. If allowed in the underlying zoning district, all uses in the civic use category can be excluded when determining the minimum 15 acre requirement;
   2. Is signed by a majority of the property owners within the area proposed to be rezoned -NCOD;
   3. Is applied to an area where at least 75% of the lots are developed; and
   4. It is located in an area in which the City Council has adopted into Sec. 5.4.3.D. specific neighborhood built environmental characteristics and regulations.
3. Designation of a -NCOD
   Within 4 years following the City Council adoption of specific neighborhood built environmental characteristics and regulations, the Department of City Planning may accept an application to rezone property to a -NCOD.
4. Approval Process
   Application to rezone a property to a -NCOD shall be in accordance with the following process.
   1. Submittal of a petition to the City Clerk requesting City Council consideration for a neighborhood built environmental characteristics and regulations analysis. The petition shall define the study area, provide evidence to support that the area complies with the locational guidelines and identify the specific built environmental characteristics and regulations to be analyzed. Prior to the petition being scheduled for the City Council meeting, City Planning shall be granted a 2-week period to review the adequacy of the petition and prepare a compliance report consistent to accompany the City Council’s receipt of the petition.
   2. Following City Council’s review of the petition, the City Council shall determine whether to direct City Planning to complete the neighborhood built environmental characteristics and regulations analysis.
   3. In accordance with City Council’s directive, City Planning shall complete an analysis of the specific built environmental characteristics and regulations for the neighborhood study area and identify the specific built environmental characteristics and regulations that reflect the predominant representation of the lots within the neighborhood study area. For the purposes of this paragraph, predominant shall mean greater than 75%. Upon completion of the analysis, City Planning shall by first-class mail notify all persons owning property within the study area the results of the analysis and the date, time and location of a meeting to be held for the neighborhood. The notice shall be mailed between 14 and 21 days prior to the date of the scheduled neighborhood meeting. Following the neighborhood meeting, the neighborhood built environmental characteristics and regulations analysis and summary of the neighborhood meeting shall be presented to the City Council.
   4. Upon receiving the neighborhood built environmental characteristics and regulations analysis, the City Council shall review the results of the analysis and determine whether to authorize a public hearing to propose any specific neighborhood built environmental characteristics and regulations into this section. If the City Council proposes that specific built environmental characteristics and regulations for the neighborhood study area be considered for inclusion in this section, a text change petition may be submitted and processed for review under Sec. 10.2.3.
   5. If the City Council adopts a text change incorporating specific neighborhood built environmental characteristics and regulations into this section, an application to rezone property within the designated neighborhood study area to a -NCOD in order to apply the adopted built environmental characteristics and regulations may be accepted by City Planning within a 4-year period following the adoption of the regulations. The rezoning petition must be submitted and signed by at least a majority of the private property owners that own a majority of the acreage within the -NCOD area; in both instances, the City Council, at its discretion, may direct staff to accept a rezoning petition that does not contain 51% of the property owners as signatories on the petition. In this instance, the City would process the petition as the applicant.
   6. Following the adoption of the initial -NCOD, City Planning may accept an application to expand a specific -NCOD and applicable built environmental characteristics and regulations for properties either located within the original neighborhood study area or contiguous to it.
   7. Following the original adoption of specific neighborhood built environmental characteristics and regulations into this section, any subsequent proposed text change to revise the specific neighborhood built environmental characteristics and regulations in this section, having first been authorized by City Council, shall require the applicant to notify by first class mail all persons owning property (mailing addresses as shown on the County tax abstract at the time of the City Council’s authorization of the public hearing) within the original neighborhood study area. The notification shall identify the proposed changes and inform the property owners of the date, time and location of the scheduled public hearing. Within a period of no more than 25 days nor less than 15 days prior to the date of the scheduled public hearing, the applicant shall deliver a copy of the letter and the sealed, addressed, stamped envelopes to City Planning.
5. Development Standards
   Subject to any other applicable overlay district, the development standards listed below shall apply as stated in this section for the specific adopted –NCOD.
   1. Required minimum net area for any dwelling unit;
   2. Minimum lot size. This also sets maximum residential density for a dwelling unit within a detached house building type;
   3. Maximum lot size;
   4. Maximum residential density;
   5. Setbacks; Where the NCOD prescribes a particular setback range, said range may be adjusted pursuant to Section 1.5.6.C.3. Where the NCOD requires a comparative setback sample and differences in right-of-way widths exist between the subject property and comparative sample properties, the comparative setbacks shall be measured and applied from the centerline of the primary street rather than the property line along the primary street.
   6. Height;
   7. Vehicular surface areas;
   8. Lot width (minimum and/or maximum);
   9. Building entrances (where permitted by State Law);
   10. Building placement on the lot; and
   11. Distances between buildings.
6. Neighborhood Built Environmental Characteristics and Regulations
   Following the adoption of both neighborhood built environmental characteristics and regulations by the City Council and the approval of a -NCOD in accordance with this section for properties located within the specifically designated neighborhood listed below, the following neighborhood built environmental characteristics and regulations for properties located within the applicable neighborhood shall control.
   1. Brookhaven Neighborhood
      1. South District (south of Millbrook Road)
         1. Minimum lot size: 20,000 square feet.
         2. Lot width at the building setback line: Minimum of 100 feet.
         3. Front yard setback: Minimum of 50 feet.
         4. Maximum building height: 2½ stories.
      2. North District (north of Millbrook Road)
         1. Minimum lot size: 14,000 square feet.
         2. Maximum building height: 2½ stories.
   2. Forest Park Neighborhood
      1. Core Area
         1. Maximum lot size: No new lot, when created by recombination, shall be greater than 10,000 square feet
         2. Minimum lot size: For the townhouse building type, no new lot shall be smaller than 4,000 square feet. For all other building types, no new lot shall be smaller than 6,000 square feet.
         3. Primary Street Setback: Within 20% of the average primary street setback of principal structures on the same block face, but no less than 20 feet. Tiny Houses located on flag lots (Sec. 2.1.3.D.) shall be exempt from this primary street setback requirement. No portion of any garage or carport shall protrude beyond the primary facade of the principal structure. Covered porches shall be considered part of the primary facade. For corner lots with driveway access from the side street, attached garage entrances must be set back at least 5 feet from the side street building facade.
         4. Principal Structure Side lot line setback: Within 5 ft. of the average side lot line setback and corner side yard setback of other principal structures on the block face, but no less than 5 ft. For the purposes of this requirement, 0-foot setbacks shall not be included in the comparative sample. For the townhouse building type, this setback shall only apply to the side site boundary line.
         5. Accessory structures: These regulations shall apply to all accessory structures, including accessory dwelling units. Side and rear setbacks for accessory structures shall be a minimum of 3 feet. Accessory structures shall have a building footprint no larger than 600 square feet and a gross floor area no greater than 1,200 square feet.
            The maximum allowed wall plane height adjacent to the side and rear property line is 14 feet. The wall plane height may be increased 1 foot for each foot of horizontal distance the wall is moved from the side or rear setback line, not to exceed the maximum height allowed within the district. When a wall incorporates a recession or projection of 2 feet or more, multiple wall plane heights shall apply. Each wall plane's height is determined by averaging the four points consisting of the highest and lowest elevations of each of pre-development and post-development grades along that wall of the building. In the event the average postdevelopment grade along the wall of the building is lower than the average pre-development grade along that wall, then wall plane height shall be measured from the average post development grade. A side-gabled roof structure may extend above the setback plane on each side of the building, for a total length of not more than 30 feet on each side, measured from the front wall plane. Dormers may also extend above the side setback plane on each side of the building for a total length of not more than 15 feet on each side, measured along the intersection with the setback plane. No part of the roof shall exceed 24 feet in height.
         6. Maximum principal building height: 38 feet with the exception of those lots fronting on Park Drive between Oberlin Road and Forest Road (except the lots fronting the south side of Park Drive, between Oberlin Road and Groveland Avenue), all lots fronting on West Johnson Street and on the south side of Peace Street, and the 3 lots fronting the south side and the 4 lots fronting the north side of Park Drive immediately west of St. Mary’s Street (Wake County Registry: DB 08350, PG 1832, DB 02660, PG O-E-; DB 11659, PG 1800; DB 02425, PG 0670; DB 12811, PG 0908; DB 07129, PG 0713; DB 09060, PG 1175), which shall be limited to a maximum building height of 34 feet.
            The maximum allowed wall plane height adjacent to the side and rear property line is 26 feet. The wall plane height may be increased 1 foot for each foot of horizontal distance the wall is moved from the side or rear setback line, not to exceed the maximum height allowed within the district. When a wall incorporates a recession or projection of 2 feet or more, multiple wall plane heights shall apply. Each wall plane's height is determined by averaging the four points consisting of the highest and lowest elevations of each of pre-development and post-development grades along that wall of the building. In the event the average post-development grade along the wall of the building is lower than the average pre-development grade along that wall, then wall plane height shall be measured from the average post development grade. A side-gabled roof structure may extend above the setback plane on each side of the building, for a total length of not more than 30 feet on each side, measured from the front wall plane. Dormers may also extend above the setback plane on each side of the building for a total length of not more than 15 feet on each side, measured along the intersection with the setback plane. No part of the roof shall exceed 38 or 34 feet in height, depending on location.
         7. Building placement and building entrance: The orientation of the building and entry level of the main entrance shall be located in a manner that is the same as the majority of the buildings on the block face.
         8. Vehicular surface areas: New driveways onto public streets shall not be allowed for lots adjacent to alleys. Within that portion of the front yard area (as measured perpendicular to the right-of-way), between the principal building and the public street, new vehicular surface area shall not be permitted except where there are no adjacent alleys and when driveways are constructed alongside the house in the shortest practical distance from the right-of-way to the rear of the building. Parking areas and any other vehicular surface area installed prior to the August 3, 2010 shall not be deemed a zoning nonconformity. No vehicular entrance to a garage attached to the principal structure shall face the front yard. Maximum driveway width shall be limited to 12 feet for single driveways and 20 feet for shared driveways.
      2. Transition Area B
         1. Maximum building height: 40 feet when located within 75 feet of an adjacent Core Area lot.
   3. Five Points East Neighborhood
      1. Core Area
         1. Maximum lot size: 13,067 square feet.
         2. Front yard setback: Within 10% of the average front yard setback of houses on the same block face as the new construction.
         3. Maximum building height: 2 stories, 35 feet. Buildings may exceed 35 feet when the average height of houses on the same block face as the new construction exceeds 35 feet, and then the allowed height shall be within 10% of the average height of houses in the same block face as the new construction.
   4. Foxcroft Neighborhood
      1. Minimum lot size: 108,900 square feet.
      2. Minimum lot width: 200 feet as measured at the required front yard setback.
      3. Front yard setback: Minimum of 50 feet.
      4. Side yard setback: Minimum of 40 feet.
      5. Rear yard setback: Minimum of 40 feet.
      6. Setbacks for accessory structures: Side and rear yard setbacks for accessory structures shall be a minimum of 20 feet.
      7. Maximum building height: 40 feet for the principal building and 25 feet for accessory structures.
   5. Glen Forest Neighborhood
      1. Minimum lot size: 17,424 square feet.
      2. Minimum lot frontage: 100 feet.
      3. Maximum building height: 35 feet.
   6. King Charles Neighborhood
      1. South District (south of New Bern Avenue, south of Bertie Drive and Albemarle Avenue, frontage lots on north side of Bertie Drive and Albemarle Avenue east of Locke Lane)
         1. Minimum lot size: 33,541 square feet.
         2. Minimum lot width: 144 feet.
         3. Front yard setback: Minimum of 76 feet.
         4. Maximum building height: 2 stories.
   7. Laurel Hills Neighborhood
      1. Minimum lot size: 21,780 square feet.
      2. Minimum lot frontage: 45 feet.
      3. Minimum lot width: 100 feet as measured 80 feet from the front property line.
      4. Front yard setback: Minimum of 50 feet.
      5. Maximum building height: 35 feet.
   8. Mordecai Neighborhood
      1. Conservation District 1 (west of Wake Forest Road and north of Cedar Street, except for part of the north side of Courtland Drive - see Mordecai Plan boundaries)
         1. Minimum lot size: 7,260 square feet.
         2. Maximum lot size: 14,520 square feet.
         3. Minimum lot width: 50 feet.
         4. Maximum lot width: 100 feet.
         5. Front yard setback: Minimum of 35 feet.
         6. Maximum building height: 35 feet.
      2. Conservation District 2 (east of Wake Forest Road, south of Cedar Street and portions of Courtland Drive - see Mordecai Plan boundaries)
         1. Minimum lot size: 7,260 square feet.
         2. Maximum lot size: 14,520 square feet.
         3. Minimum lot width: 50 feet.
         4. Maximum lot width: 100 feet.
         5. Front yard setback: Minimum of 15 feet; maximum of 25 feet.
         6. Maximum building height: 35 feet.
   9. New Bern - Edenton Neighborhood
      1. Minimum lot size: 4,000 square feet.
      2. Minimum lot frontage: 30 feet.
      3. Front yard setback: Minimum of 10 feet, maximum of 25 feet.
      4. Side yard setback: Minimum of 0 feet when minimum building separation is met.
      5. Building separation: Minimum of 10 feet.
      6. Maximum building height: 35 feet.
   10. North Boylan Neighborhood
       1. Front Yard Setback: Within 10% of the average front yard setbacks established by buildings on the same side of the block face as the proposed building, but not less than 5 feet or greater than 25 feet.
       2. Building placement and building entrance: Buildings and their primary entrances shall be oriented towards a public street. Additional entrances may be oriented towards the block interior so long as a direct pedestrian connection is provided to the public street.
       3. Maximum building height: 24 feet with a maximum of 40 feet when the building includes a minimum roof pitch of 5:12 and the facade is detailed with a minimum 4-foot offset at least every 25 linear feet of building wall and a minimum 10-foot offset at least every 50 linear feet of building wall.
       4. Vehicular surface areas: Vehicular surface areas, even if located on a separate lot, shall be located behind the principle building. A vehicular surface area may be located at the side of a building if: 1) It does not extend in front of the building facade line; 2) For any lot with street frontage in excess of 100 feet, the linear frontage of vehicular surface area facing the street does not exceed 25% of the linear street frontage of the lot. Ramp type driveways shall be used to maintain a continuous sidewalk along the block face.
   11. North Hills Neighborhood
       1. Minimum lot size: 14,000 square feet.
       2. Minimum lot width - interior lot: 90 feet.
       3. Minimum lot width - corner lot: 110 feet.
   12. North Ridge South Neighborhood
       1. Minimum lot size: 17,900 square feet.
       2. Minimum lot frontage: 100 feet.
       3. Front yard setback: Minimum of 40 feet.
       4. Side street setback: Minimum of 30 feet.
   13. North Ridge West Neighborhood
       1. Minimum lot size: 20,000 square feet.
       2. Minimum lot width - interior lot: 100 feet.
       3. Minimum lot width - corner lot: 151 feet.
       4. Front yard setback: Minimum of 49 feet.
       5. Side yard setback: Minimum of 11 feet.
       6. Side street setback: 35 feet.
       7. Maximum building height: 29 feet.
       8. Maximum residential density: 2.2 dwellings per acre.
   14. Oakwood Park Neighborhood
       1. Minimum lot size (residential): 6,000 square feet.
       2. Minimum lot width (residential): 55 feet.
       3. Maximum lot width (residential): 80 feet.
   15. Oberlin Village Neighborhood
       1. Minimum lot size: 5,000 square feet.
       2. Maximum lot size: 12,500 square feet.
       3. Minimum lot width: 50 feet.
       4. Front yard setback: Within 10% of the median front yard setback established by buildings on the same side of the block face of the proposed building.
       5. Building entrance: All buildings shall have a minimum of 1 entrance facing the public street.
       6. Maximum building height: 28.7 feet and 2 stories.
   16. Roylene Acres Neighborhood
       1. Minimum lot size: 20,000 square feet.
       2. Minimum lot frontage: 100 feet.
       3. Front yard setback: Minimum of 50 feet.
       4. Maximum building height: 30 feet and no greater than 2½ stories.
   17. Runnymede Road Neighborhood
       1. Minimum lot size: 17,424 square feet.
       2. Minimum lot frontage: 100 feet.
       3. Front yard setback: Minimum of 30 feet.
       4. Maximum building height: 24 feet as measured at the 30-foot front yard setback line. Building height may be increased 1 foot of height for each 1 foot of increase in the front yard setback beyond 30 feet.
   18. South Park Neighborhood
       1. Minimum lot size: 3,000 square feet.
       2. Maximum lot size: 8,000 square feet.
       3. Minimum lot width: 40 feet.
       4. Maximum lot width: 80 feet.
       5. Front yard setback: Within 10% of the average front yard setback established by buildings on the same side of the block face of the proposed building, but not less than 8 feet or greater than 30 feet.
       6. Building entrance: The main building entrance shall face the street from which the building is addressed. No upper story entrance shall be visible from an adjacent public street right-of-way.
       7. Maximum building height: 28.7 feet.
       8. Off-street parking: Parking shall be located to the side or rear of the building. With the exception of single-unit living, no parking areas shall be located in front of any principal building. Single-unit living parking shall be regulated according to Article 7.1.
   19. Trailwood Neighborhood
       1. Minimum lot size: 20,000 square feet.
       2. Minimum lot frontage: 100 feet.
       3. Front yard setback: Minimum of 60 feet.
       4. Side yard setback: Minimum of 20 feet within the front 100 feet of the lot; otherwise, minimum of 10 feet.
       5. Maximum building height: 2½ stories and 30 feet from finished grade of the main entry floor.
   20. West Idlewild Neighborhood
       1. Minimum lot size: 4,000 square feet.
       2. Minimum lot frontage: 30 feet.
       3. Front yard setback: Minimum of 10 feet; maximum of 25 feet.
       4. Side yard setback: Minimum of 0 feet when minimum building separation is met.
       5. Building separation: Minimum of 10 feet.
       6. Maximum building height: 35 feet.
   21. Willow Run South Neighborhood
       1. Minimum lot size: 32,670 square feet.

1. Base Standards Apply
   1. Unless specifically set forth in this section, the allowed uses, dimensional requirements, height limits and general development standards of the underlying zoning district apply.
   2. Where the -TOD standards conflict with the standards of an -NCOD, the -TOD shall control.
   3. Properties developed with city, county, or state parks or owned by the city, county, or state for the purpose of park development shall not be subject to the provisions of the -TOD.
2. Prohibited Uses
   The following uses are not allowed in a -TOD:
   1. Cemetery;
   2. Outdoor sports or entertainment facility (>250 seats);
   3. Vehicle sales;
   4. Vehicle repair (major);
   5. Vehicle repair (commercial vehicle);
   6. Car wash;
   7. Drive-thru facility with the exception of pharmacies;
   8. Vehicle Fuel Sales;
   9. Self-Service Storage; and
   10. Warehouse & Distribution.
   11. Drive-in facility  
3. Dimensional Standards
   1. Where the TOD is applied to a Residential district, the following provisions apply:
      1. The dimensional standards of the Residential Mixed Use district as defined in Article 3.2 shall apply to all building types, however there shall be no minimum lot size for the Apartment building type.
      2. The Townhouse and Apartment building types are permitted in all residential districts.

4. Residential District Additional Permitted Uses

   1. Multi-unit living is permitted in any residential base district.

5. Frontages
   1. Excluding structures used for single and two-unit living, frontage standards shall apply as follows (see Article 3.4 Frontage Requirements):
      1. Where an Urban Frontage is included in the underlying district, the standards of the underlying frontage shall control.
      2. Where the underlying district has Parkway frontage, Parking Limited frontage, Detached frontage, or no frontage, development shall meet the requirements of the Urban Limited frontage. Frontage requirements from the underlying zoning shall not apply.
   2. For all frontage standards applied as set forth in part 1 above, a Main Street or Mixed Use streetscape shall be required (see Sec. 8.5.2 Streetscape Types).
6. Parking
   Parking requirements for a -TOD are set forth in Sec. 7.1.3.B.
    
7. Outdoor Storage
   Limited and general outdoor storage is not allowed (see Article 7.5. Outdoor Display and Storage).
8. Height
   1. Except for structures used for single- or two-unit living, or the Open Lot building type, the minimum height of any principal building in the -TOD shall be 2 stories.
   2. In residential districts principal buildings used for single- and two-unit living shall be limited to 3 stories and 40 feet in height. All other principal building types shall be limited to 4 stories and 60 feet in height.
   3. In mixed-use districts the height requirements defined in Article 3.3 may be modified   as follows:
      1. Height in stories may be increased by fifty percent (50%) when all of the following apply. When application of this section is calculated to allow a fraction of a story, the fraction shall be rounded up to the nearest whole number.
         1. Additional stories enabled by this section are used for principal residential uses
         2. A number of units equal to at least twenty percent (20%) of the residential units established in newly allowed stories shall be affordable for households earning sixty percent (60%) of the Area Median Income or less for a period of no less than 30 years from the date of issuance of a certificate of occupancy. The rent and income limits will follow the Affordable Housing Standards determined annually by the City of Raleigh Housing & Neighborhoods Department. An Affordable Housing Deed Restriction in a form approved by the City shall be filed and recorded in the property’s chain of title by the property owner in the Wake County Register of Deeds prior to the project receiving a certificate of occupancy. The property owner of development approved under this section shall provide an annual report to the City to demonstrate compliance with the requirements of this section. The report shall utilize a form prescribed by the City and shall be submitted in accordance with a schedule set by the City. Affordable units used to meet the requirements of this section shall be constructed concurrently with the project’s market rate units.
      2. Height in stories may be increased by thirty percent (30%) for principal structures that do not contain any residential uses. When application of this section is calculated to allow a fraction of a story, the fraction shall be rounded up to the nearest whole number.
9. Tree Conservation
   1. Tree conservation area as defined in Article 9.1 shall not be required for any site with area less than 4 acres.
   2. Primary Tree Conservation Area required by Sec. 9.1.4.A shall be provided when present on a site, except for areas along a Thoroughfare as described in Sec. 9.1.4.A.8.
   3. Secondary Tree Conservation Areas defined in Sec. 9.1.4.B. shall not apply in the TOD.
10. Existing Structures and Uses
    1. All buildings and structures existing at the time that the -TOD is first applied to the property and made a zoning nonconformity solely because of -TOD requirements shall be subject to the following provisions.
       1. Replacement, repair, and renovation of buildings and structures may be made provided the replacement, repair, or renovation conforms to all provisions of this UDO except -TOD requirements. Replacement, repair, or renovation allowed under this section shall be like for like. This item is applicable to both voluntary and involuntary demolition of buildings and structures which leads to replacement, repair, or renovation.
       2. Lots subject to -TOD requirements that contain pre-existing buildings and maintain pre-existing buildings and which add additions are allowed so long as the addition conforms to all UDO requirements including -TOD requirements unless the Board of Adjustment approves a special use permit under Sec. 10.2.9 allowing the addition, change, expansion or alteration.
    2. All uses existing at the time that the -TOD is first applied to the property and made a zoning nonconformity solely because of -TOD requirements shall be subject to the following provisions.
       1. Uses made non-conforming may be re-established provided the use conforms to all provisions of this UDO except -TOD requirements and provided the use is discontinued, vacated, or abandoned for a period of fewer than 730 consecutive days. This section is applicable to both voluntary and involuntary cessation of use.
       2. A nonconforming use shall not be extended, expanded, enlarged or increased in intensity, unless a special use permit is issued by the Board of Adjustment for such extension or expansion. Such prohibited activity shall include, without being limited to:
          1. Extension of the use to any structure or land area other than that occupied by the nonconforming use when the -TOD was applied, or any amendment to this UDO that causes a use of the property to become otherwise nonconforming.
          2. Extension of the use within a building or other structure to any portion of the floor area that was not occupied by the nonconforming use on when the -TOD was first applied, or when an amendment to this UDO causes the use to become otherwise nonconforming.
          3. Operation of the nonconforming use in such a manner as to conflict with this UDO, or to further conflict with this UDO, if already conflicting as of the date of application of the -TOD, or any amendments to this UDO is applied to the property, any use limitations established for the district in which the use is located.
          4. New construction, reconstruction or structural alteration except those described as ordinary repair and maintenance in Sec. 10.3.2.B. above.
          5. Extensions of the use to any new construction, enlargement or additions other than that occupied by the nonconforming use when the -TOD was applied, or any amendment to this UDO that causes a use of the property to become otherwise nonconforming.

1. Base Standards Apply
   Unless specifically set forth in this section, the allowed uses, the dimensional requirements, height limits and general development standards of the underlying zoning district apply.
2. Parking Surfaces
   1. Vehicular surface areas located within the front yard area of a single unit living in a detached house or tiny house constructed after July 19, 2012 shall be constructed of permanent, nonerodable surface treatment, which may include porous and semi-porous monolithic or paver materials, masonry or concrete pavers, poured concrete and asphalt, or constructed with a minimum depth of 4 inches of crushed stone or crush and run.
   2. The borders of any vehicular surface area constructed of crushed stone or crush and run shall be delineated with anchored man-made or natural landscape edging materials such that the vehicular surface area is clearly defined and helps to contain the crushed stone or crush and run.
   3. Except for circular and semi-circular drives, vehicular surface areas located within the front yard area of a single-unit living in a detached house or tiny house shall not be located in front of the dwelling’s primary entrance.
3. Arrangement, Size and Orientation of Parking Areas
   Vehicular surface areas located within the front yard area of single-unit living in a detached house or tiny house shall comply with one of the following.
   1. The linear depth of the front yard area multiplied by 12 feet plus 380 square feet or 40% of the front yard area, whichever is less.
   2. A circular or semi-circular driveway, not to exceed a width of 12 feet, with no more than two access points on the premises and an additional 380 square feet, or 40% of the front yard area, whichever is less.
   3. Vehicular surface areas lawfully existing prior to July 19, 2012 and are constructed of permanent, nonerodible surface treatment.
   4. Erodible vehicular surface areas may be used for off-street parking without retrofitting to the standards of this overlay district when all of the following conditions are met.
      1. Erodible vehicular surface areas exist in front yard areas prior to July 19, 2012 and such vehicular areas do not comply with Sec. 5.6.1.C.1. and Sec. 5.6.1.C.2. Notwithstanding the foregoing, a turn-around area no greater than 8 feet by 18 feet is allowed for any front yard vehicular surface area with access to a street with a posted speed limit of greater than 35 miles per hour.
      2. Parking shall be limited to single-file, perpendicular to the street right-of way in front of the existing curb-cut. The Development Services Director is authorized to permit in writing angled parking for 1 vehicle or side by side parking for 2 vehicles only when all of the following conditions are present:
         1. Existing man-made structures on the lot prevent the establishing of a parking area of at least 44 feet in length measured from the property side of an existing sidewalk, or in the absence of a sidewalk to the face of the curb or edge of street pavement.
         2. The vehicular surface areas do not exceed the limits of this subsection.
         3. Cars are angled with headlights toward the building on the lot and do not extend 10 feet beyond the face of the adjoining car, which is parked perpendicular to the street.
   5. No vehicle shall be parked or stored outside of the vehicular surface areas described above within the front yard area with the exception of temporary parking under Sec. 5.6.1.E. and vehicles actively and continuously being unloaded, loaded, washed or repaired. For purposes of this provision, vehicle shall include, but not be limited to, passenger vehicle, truck, van, motorized recreation vehicle, motor vehicle as defined in N.C. Gen. Stat. Chapter 20, camper, golf cart, boat trailer, car trailer or other similar vehicle.
4. Landscaping Requirements
   1. When vehicular surface areas are constructed in the front yard area of a single-unit living in a detached house or tiny house and a parking space is designed to be within 45 degrees or less of the public street, a continuous berm or row of evergreen shrubs shall be provided within 5 feet of the edge of the parking space on the side nearest the public street in order to screen the broad side of the parked vehicle from view of the public street.
   2. Berms shall have a minimum height of 1½ feet and a minimum crown width of 2 feet and a side slope of no greater than two-to-one, and shall be planted and covered with live vegetation.
   3. Evergreen shrubs installed to satisfy the requirements of this subsection shall be a locally-adapted species expected to reach a minimum height of 36 inches and a minimum spread of 36 inches within 2 years of planting.
   4. All shrubs shall be a minimum 24 inches tall when planted and shall be planted a maximum distance between shrubs of 5 feet on center. Shrubs planted on berms may have a lesser mature height provided that the combined height of the berm and the plantings after 2 years are at least 36 inches high.
5. Temporary Parking
   The property owner may apply for a zoning permit to allow temporary parking in the front yard area on grass or surfaces other than the grass or other erodible minimum surfacing requirements. This permit shall be issued to the property owner once in any 3-year period per premise basis, shall not exceed an initial period of 90 days and may be extended by the Development Services Director for additional periods of 30 days.
6. Locational Guidelines
   The general characteristics desired of the land placed in the Special Residential Parking Overlay District are the following:
   1.  At least 75% of the land within the district is developed.
   2. The district contains at least 15 contiguous acres. Public and Institutional uses and outdoor recreation may be included within the boundaries of a Special Residential Parking Overlay District; however, such uses shall not be included within the calculation for establishing the minimum 15 acre requirement.