Unified Development Ordinance

Article 6.3. Public & Institutional Uses

Article 6.3. Public & Institutional Uses aaron.sheppard… Mon, 05/08/2023 - 10:22

Sec. 6.3.1. Civic

Sec. 6.3.1. Civic aaron.sheppard… Tue, 05/23/2023 - 10:48
  1. Civic Use Category
    Places of public assembly that provide ongoing governmental, life safety, educational and cultural services to the general public, as well as meeting areas for religious practice. Civic includes the following uses.
    1. Cemetery.
    2. College, community college, university.
    3. Civic club.
    4. Museum, library.
    5. Places of worship including church, mosque, synagogue, temple.
    6. Police, fire, EMS station.
    7. School, public or private (K-12).
  2. Cemetery
    1. Defined
      A facility used for the permanent interment of humans or animals or their cremated remains. Includes mausoleum, columbarium, memorial park and pet cemetery.
    2. Use Standards
      1. If the cemetery exceeds 2 acres in size or is planned and phased to exceed 2 acres in size, it must comply with the City’s public facility dedication and improvements requirements.
      2. If an existing cemetery increases the land area for cemetery use by onehalf acre or more from its size that results in a cemetery greater than 2 acres in size, the cemetery must comply with the City’s public facility dedication and improvements requirements.
      3. The cemetery use must take into account present and future public improvements, including those expressed in the Comprehensive Plan.
      4. No grave space, mausoleum, vault, crypt or columbarium shall be located within 40 feet of any street right-of-way (including existing or proposed right-of-way) or thoroughfare designated on the Comprehensive Plan. The requirements of this subsection may be waived in whole or in part by the Planning Director if the Transportation Director certifies that the full 40-foot buffer will not be required for the construction of future public improvements.
  3. College, Community College, University
    1. Defined An institution of higher education, including general or liberal arts education, graduate level education and technical or professional training.
  4. School, Public or Private (K-12)
    1. Defined
      A public or private (including charter or religious) school at the primary, elementary, middle, junior high or high school level that provides basic academic education.
    2. Use Standards
      1. Meet the curricular teaching certification of instruction approved by the State Board of Education.
      2. Be located on a lot with total area of 500 square feet area per enrolled pupil unless within a DX- District in which case no minimum area per pupil shall be required.
      3. Be located outside any Airport Overlay District or Primary Reservoir Watershed Protection Area.
      4. The additional traffic generated to and from the site during peak travel periods, combined with the background traffic volume traveling on the roadway would not reduce the roadway or nearby intersections’ capacity below level-of-service “D,” as defined in the Highway Capacity Manual, 1994.

Sec. 6.3.2. Parks, Open Space and Greenways

Sec. 6.3.2. Parks, Open Space and Greenways aaron.sheppard… Tue, 05/23/2023 - 10:49
  1. Parks, Open Space and Greenways Use Category
    Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas and having few structures. Parks, open space and greenways includes the following uses.
    1. Botanical garden, nature preserve, recreational trail, greenway.
    2. Game preserve, wildlife management area, refuge, animal sanctuary.
    3. Park, recreation field. A public park may contain civic uses such as a community center, museum or library.
    4. Reservoir, control structure, water supply, water well.

Sec. 6.3.3. Utilities

Sec. 6.3.3. Utilities aaron.sheppard… Tue, 05/23/2023 - 10:49
  1. Minor Utilities Use Category
    1. Defined
      Public or private infrastructure serving a limited area with no on-site personnel. Minor utilities includes the following uses.
      1. On-site stormwater retention or detention facility.
      2. Neighborhood-serving cable, telephone, gas or electric facility.
      3. Sustainable energy system.
      4. Water and wastewater pump station or lift station.
      5. Electrical substation.
      6. Utility service.
  2. Major Utilities Use Category
    1. Defined
      Public or private infrastructure serving the general community and possibly having on-site personnel. Major utilities includes the following uses.
      1. Aeration facility, artesian well.
      2. Electric or gas generation plant.
      3. c. Telecommunication tower.
      4. Water or sanitary sewer treatment plant.
  3. Telecommunication Tower (less than 250 feet)
    1. Defined
      Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers that is less than 250 feet in height. Does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur radio antennas.
    2. Use Standards
      1. Radio or television or similar reception for adjoining properties will not be disturbed or diminished.
      2. The height of the tower cannot exceed 250 feet.
      3. The lighting of the tower cannot exceed the minimum standards of the Federal Aviation Administration for red obstruction lighting system contained in Advisory Circular No. 70/7460-IF dated 27 September, 1978, as the same may be amended.
      4. The minimum setback from the outside dimensions of the tower, not from guy anchors, and not located within the property of a civic use in a Residential District, are as follows:
        1. Installation of a new tower where no tower is being replaced.​​​​​​​
          a) 20 feet from the property line of either any adjoining lot that is developed without a dwelling, congregate care facility or vacant lot located in a Mixed Use or Special district, unless increased by Sec. 6.3.3.C.2.d.i.b) and Sec. 6.3.3.C.2.d.i.c) below.
          b) 200% of the tower height, unless the tower is constructed as a monopole in which case the minimum setback shall be 100% of the tower height, but no less than 50 feet from the property line of an abutting Residential District.
          c) 100% of the tower height from the property line of an abutting Mixed Use or Special district.
          d) 20 feet from any public street.
          e) The setbacks required by Sec. 6.3.3.C.2.d.i.b) and Sec. 6.3.3.C.2.d.i.c) above shall not be applicable to any residential dwelling that is not a permitted use in the district.
          f) If a telecommunication tower is located on the property of a civic use in a Residential District, the setbacks in Sec. 6.3.3.C.2.d.i.a) through Sec. 6.3.3.C.2.d.i.d) above apply, except that in no case shall a tower be located less than 200% of the tower height to the property line of a lot developed with a dwelling, congregate care facility, or a vacant lot located in a Residential District, unless a protective yard is preserved or installed adjacent to the property line of a lot developed with a dwelling, congregate care facility or a vacant lot located in a Residential District. The protective yard shall be of a width equal to the tower height, and shall contain plantings meeting the minimum standards of a Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) and Sec. 6.3.3.C.2.d.ii.e) below.
        2. Installation of a new tower where an existing tower is being replaced.
          a) If one or more existing telecommunication towers is to be concurrently removed and replaced by a new tower, then the required setback exceeding 100 feet in Sec. 6.3.3.C.2.d.i.b) and Sec. 6.3.3.C.2.d.i.c) above may be reduced by 15% for each additional telecommunication user in excess of that of the existing tower. Evidence shall be presented by the applicant that each additional user will upon installation occupy the new tower.
          b) The Board of Adjustment may grant a further reduction to the setbacks for the removal of an existing tower and replacement with a new tower with more telecommunications users. If shown that the lesser setback will reduce the number of towers in the area. In all cases, the Board of Adjustment shall also show that the lesser setback will not be injurious to property or improvements in the affected area. In no case shall the setback be reduced to less than 50% of the tower height.
          c) The base of the tower and each guy anchor are surrounded by a fence or wall at least 8 feet in height unless the tower and all guy anchors are mounted entirely on a building over 8 feet in height. Except for fence and wall entrances, all fences and walls shall be screened with plant material so that no more than 2/3 of the surface of the fence or wall is visible within 3 years after erection of the structure from a public street or from any adjoining lot which contains a dwelling, congregate care facility, or from any adjoining lot zoned a Residential District.
          d) The output power from the tower shall not exceed federallyapproved levels for exposure to electronic magnetic force (EMF).
          e) If determined by the City that the proposed tower is situated in a location which will benefit the City’s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunication equipment beneficial to the public system.
          f) The tower is either less than 100 feet in height or located no closer than 1,000 feet to a tower greater than 100 feet in height (determined by a straight line and not street distance).
          g) If the tower is located within an Overlay District that restricts height, the tower cannot exceed the maximum building height allowed within the more restrictive zoning district.
          h) No tower shall be approved unless evidence is presented that at least 1 telecommunication user upon installation will occupy the tower. If the tower is between 100 feet and 150 feet in height, the tower shall be engineered and constructed to accommodate a minimum of 2 telecommunication users. If the tower equals or exceeds 150 feet in height but is less than 180 feet in height, the tower shall be engineered and constructed to accommodate a minimum of 3 telecommunication users. If the tower equals or exceeds 180 feet in height, but is less than 200 feet in height, the tower shall be engineered and constructed to accommodate a minimum of 4 telecommunication users. If the tower equals or exceeds 200 feet in height, the tower shall be engineered and constructed to accommodate a minimum of 5 telecommunication users.
          i) Unless enclosed by a closed fence at least 8 feet in height to totally obscure the building from view, the exterior appearance of all buildings located in a Residential District shall look like a residential dwelling, including without limitation, pitched roofs and frame or brick veneer construction. The closed fence shall be the same or compatible in terms of texture and quality with the material and color of the surrounding dwellings. For each potential telecommunication user to occupy the tower, there shall be a minimum of 600 square feet reserved on the plans for associated buildings and equipment, unless the applicant provides evidence that less space is necessary.
          j) No telecommunication tower approved prior to September 1, 2013, which is discontinued, unused or unoccupied by any telecommunication user for a continuous period 365 days or more shall be restarted, resumed or reoccupied without the prior approval of a new Tier one site plan complying with the then applicable provisions.
          k) The applicant must provide evidence that the proposed tower meets Federal Aviation Administration requirements, and will be in accordance with all the tower requirements and standards of the Raleigh Durham Airport Authority.
          ​​​​​​​l) For any telecommunication tower approved after September 1, 2013, that is discontinued, unused or unoccupied by the telecommunication user for a continuous period of 365 days or more, the tower shall be removed within 30 days of notification of the property owner by the Development Services Director.
  4. Telecommunication Tower (250 feet and more)
    1. Defined
      Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers that is 250 feet or more in height. It does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur radio antennas.
    2. Use Standards
      1. Radio or television or similar reception for adjoining properties cannot be disturbed or diminished.
      2. The height of the tower cannot exceed 510 feet.
      3. The lighting of the tower cannot exceed the minimum standards of the Federal Aviation Administration for red obstruction lighting system contained in Advisory Circular No. 70/7460-IF dated 27 September, 1978, as the same may be amended.
      4. The minimum setback from the outside dimensions of the tower, not from guy anchors, are as follows:
        1. 20 feet from the property line of any adjoining lot or lot across a street that is vacant and zoned as a mixed use or special district or any adjoining lot or lot across a street that is developed without a dwelling or congregate care facility, unless increased by paragraphs Sec. 6.3.3.D.2.d.ii. or Sec. 6.3.3.D.2.d.iii. below.
        2. 100% of the tower height, but no less than 50 feet, from the property line of an abutting Residential District.
        3. 50% of the tower height from the property line of an abutting Mixed Use or Special district.
        4. The setbacks required by Sec. 6.3.3.D.2.d.ii. or Sec. 6.3.3.D.2.d.iii. above shall not be applicable to any residential dwelling that is not a permitted use in the zoning district.
        5. If one or more existing telecommunications towers is to be removed concurrently and replaced by a new tower, then that portion of the required setback exceeding 100 feet in Sec. 6.3.3.D.2.d.ii. or Sec. 6.3.3.D.2.d.iii. above may be reduced by 15% for each additional telecommunication user in excess of the existing tower.
        6. For towers exceeding a height of 250 feet, or where one or more existing telecommunications towers is concurrently being removed and replaced with a new tower containing additional telecommunication users, this setback may be reduced by the Board of Adjustment. In the case of a replacement tower, the Board of Adjustment shall show that the lesser setback will reduce the number of towers in the area. In all cases, the Board of Adjustment shall also show that the lesser setback will not be injurious to property or improvements in the affected area. In no case shall the setback be reduced to less than 50% of the tower height.
      5. The base of the tower and each guy anchor must be surrounded by a fence or wall at least 8 feet in height unless the tower and all guy anchors are mounted entirely on a building over 8 feet in height. Except for fence and wall entrances, all fences and walls shall be screened with plant material so that no more than 2/3 of the surface of the fence or wall is visible, within 3 years after erection of the structure, from a public street or from any adjoining lot which contains a dwelling, congregate care facility or is zoned a Residential District.
      6. The output power from the tower shall not exceed federally approved levels for exposure to electronic magnetic force (EMF).
      7. If determined by the City that the proposed tower is situated in a location which will benefit the City’s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunication equipment beneficial to the public system.
      8. If the proposed tower is located on property that is zoned a Residential District at the time of the special use hearing, the tower shall be either less than 75 feet in height or be located no closer than 1,500 feet to a tower greater than 75 feet in height which was constructed after September 1, 2013, (determined by a straight line and not street distance).
      9. If the proposed tower is located on property that is zoned a mixed use or heavy industrial district at the time of the special use hearing, the tower shall be either less than 100 feet in height or be located no closer than 1,000 feet to a tower greater than 100 feet in height which was constructed after September 1, 2013, (determined by a straight line and not street distance).
      10. The Board of Adjustment may approve the construction of a tower which does not meet the above standards if evidence is provided which demonstrates that reasonable effort has been made to lease space on an existing tower or that no existing tower will technically satisfy the applicant’s specific needs.
      11. If the tower is located within an Overlay District that restricts height, the tower cannot exceed the maximum building height allowed within the more restrictive zoning district.
      12. The tower shall be engineered and constructed to accommodate a minimum of 5 telecommunication users. 
      13. Unless enclosed by a closed fence at least 8 feet in height, the exterior appearance of all buildings located in a Residential District shall look like a residential dwelling, including without limitation, pitched roofs and frame or brick veneer construction. For each potential telecommunication user to occupy the tower, there shall be a minimum of 600 square feet reserved on the plans for associated buildings and equipment, unless the applicant provides evidence that less space is necessary.
      14. The applicant must provide evidence that the proposed tower meets Federal Aviation Administration requirements, and will be in accordance with all the tower requirements and standards of the Raleigh Durham Airport Authority.
      15. Associated buildings located in any Residential District may not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.
      16. The use will not be injurious to property or improvements in the affected area.
      17. Unless otherwise specified by this permit, that within one year of approval of the special use permit, a grading permit, building permit or zoning permit is obtained, and the tower is installed and operational, or the special use permit shall be void.
      18. For any telecommunication tower approved after September 1, 2013, which is discontinued, unused, or unoccupied by the telecommunication user for a continuous period of 365 days or more, the tower shall be removed within 30 days of notification by the Development Services Director.
  5. Water and Wastewater Treatment Plant – Government
    1. The treatment plant is owned and/or operated by a governmental entity. 2. No building exceeding a height of 40 feet and/or three stories shall be permitted within 100 feet of a property line of an adjacent parcel not owned by the governmental entity referenced in sub-section 1 above.