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.