Sec. 5.5.1. Transit Overlay District (-TOD)

  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.  
  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.