This ordinance shall be known as the "Durham City-County Unified Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. Ordinance,” and may be referred to as “this UDO” or “this Ordinance.”

1.2.1. It is the purpose of this Ordinance to promote the health, safety and general welfare of the residents of Durham City and County.

1.2.2. In support of these purposes, this Ordinance contains regulations designed to:

A. Protect existing neighborhoods, preventing their decline and promoting their livability;

B. Address future needs, growth, and change in the jurisdiction;

C. Conserve land and water resources;

D. Preserve groundwater quality and supply;

E. Recognize geologic features, soil and topography;

F. Improve air quality;

G. Minimize congestion in the streets and reduce reliance on automobiles by providing options for walking, bicycling, and transit use;

H. Secure safety from fire and other dangers;

I. Provide adequate light and air;

J. Prevent overcrowding of land and undue concentrations of population;

K. Provide adequate transportation, water supplies, sewer service, schools, parks, open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., and public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government.;

L. Conserve the value of buildings;

M. Examine the most appropriate use of the land;

N. Regulate the location of business and industry;

O. Regulate the height and bulk of buildings;

P. Protect the capacity of floodways The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. and non-encroachment areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. in order to prevent loss or damage to homes or property;

Q. Regulate the area of yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. and open spaces Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. for buildings;

R. Provide for the needs of agriculture;

S. Protect historic sites and areas;

T. Encourage an aesthetically attractive community;

U. Encourage the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of affordable housing;

V. Promote equity and socio-economic diversity; and

W. Prevent secondary effects from land uses that could negatively impact nearby land uses, consistent with prior ordinances restricting such uses and evidence supporting such restrictions.

1.2.3. It is also the purpose of this Ordinance to provide for the orderly, efficient and economic development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the City and County by providing for:

A. The coordination of streets, highways and other public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. within proposed subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. with existing or planned streets and highways or other public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government.;

B. The dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. of rights-of-way, easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or sites for streets, utilities, open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., recreation areas, and other public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government.;

C. The protection of historic resources and the natural environment; and

D. The distribution of population and traffic which shall avoid congestion and overcrowding and which shall create conditions essential to public health, safety and the general welfare.

1.2.4. The purpose and intent statements described above shall not be construed as Ordinance regulations, but as the purpose and intent for the regulations within the subsequent articles and sections of the Ordinance.

The authority to adopt and enforce this Ordinance is granted by the Charter of the City of Durham, by Chapter 160D of the North Carolina General Statutes as to the City and County of Durham, and any other applicable general or special statutes of the State of North Carolina including Chapter 4 of Title 15A of the North Carolina Administrative Code.

The provisions of this Ordinance shall apply to all properties within the jurisdiction of the County or the City and shall govern development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and use of the land. No building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall be erected or structurally altered nor shall any land development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. activity take place, unless it conforms to the provisions of this Ordinance. Uses of property shall be limited by the provisions of this Ordinance.

The Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. adopted by the governing bodies indicates desired development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. at various levels of intensity. This Ordinance is intended to implement the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., therefore the Plan should be used as a guide for the application of this Ordinance to land within the areas covered, as well as for the provision of public services.

1.6.1. The provisions of this Ordinance are intended to be minimum requirements. Where the provisions of this Ordinance impose greater restrictions than other ordinances, the provisions of this Ordinance shall prevail. Where the provisions of another ordinance impose greater restrictions, the other ordinance shall prevail.

1.6.2. Unless otherwise stated within this Ordinance, references within this Ordinance to manuals, guides, and other similar documents shall refer to the most recent edition or version of the referenced document that has been accepted or adopted for usage by the entity, department, or agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. charged with responsibility for the referenced document.

These regulations are not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other public laws, ordinances, or regulations, except as specified in Sec. 1.8, Effective Date. Where these regulations conflict with other provisions of public law and regulations, the more stringent requirements shall apply.

1.8.1. This Ordinance is effective within each jurisdiction as of January 1, 2006. All ordinances in conflict are hereby repealed to the extent of their inconsistency. The ordinances repealed are the following:

A. Durham City Code Chapter 24, Zoning;

B. Durham City Code, Chapter 19, Subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.;

C. Durham County Code of Ordinances Appendix A, Durham City-County Zoning Ordinance;

D. Durham County Code of Ordinances Appendix B, City-County Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. Ordinance;

E. All other ordinances or parts of ordinances which are in conflict with this Ordinance including, but not limited to, Sections 4-2, 4-3, 4-6, 4-7, 4-8, 5-5, 5-7, 5-8, 12-6, and 23-82 of the Durham City Code, and sections 14-51 through 14-71 (the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Ordinance) of the Durham County Code are repealed to the extent necessary to give this Ordinance full force and effect.

1.8.2. Notwithstanding the above, the provisions of Sec. 1.10, Transitional Provisions, shall govern the completion of approved permits, development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans, plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. and other approvals specified therein, or completed applications for the same. Vested rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. shall be determined in accordance with Sec. 3.20, Statutory Vested Rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. Determination.

Should any section or provision of this Ordinance be declared invalid, the remaining sections or provisions shall remain valid.

The Planning Director or designee shall waive, suspend and/or cease enforcement of this Ordinance in accordance with an official declaration of emergency pursuant to Durham City Code of Ordinances Chapter 22; Durham County Code of Ordinances Chapter 10, Article III; and N.C. Gen. Stat. 166A.

Any violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of previous zoning, subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control or flood hazard ordinances will continue to be a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. under this Ordinance and be subject to penalties and enforcement under this Ordinance unless the use, development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., or activity complies, in its entirety, with the provisions of this Ordinance.

Any use, plan, building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable., or lot that was nonconforming or grandfathered under prior ordinances shall be considered a nonconformity under this Ordinance except as may be otherwise provided under Article 14, Nonconformities. The provisions of Article 14, Nonconformities, shall be applicable to all nonconformities. Uses, plans, buildings, or lots that were previously nonconforming or grandfathered that become conforming because of adoption of this Ordinance shall no longer be considered nonconformities provided that all applicable provisions of this Ordinance are complied with.

A. Approved Site Plans, Plats, and Permits and Completed Applications

1. Completion of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. under an approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final plat The final map of all or a portion of a subdivision which is presented for final approval., major or minor special use permit, or building permit A permit issued by the Inspections Department in conformance with the State Building Code. (if none of the preceding approvals are required) shall be governed by the ordinance under which the approval was granted.

2. An application for a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final plat The final map of all or a portion of a subdivision which is presented for final approval., major or minor special use permit, building permit A permit issued by the Inspections Department in conformance with the State Building Code. (if none of the preceding approvals are required), or development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. associated with a zoning map change that was administratively determined to be substantially complete as of December 31, 2005, shall be governed by the ordinance in effect at the time of submission if it complied with such ordinance at that time. The expiration and continuing validity of any such site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., or permit shall be governed by the previous ordinance. The continuing validity of any such development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. shall be governed by paragraph 1.10.3A.3 below and paragraph 3.5.12, Deviations from Approved Development Plans.

3. For property with a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. approved under an ordinance in effect prior to adoption of this Ordinance, an application for a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final plat The final map of all or a portion of a subdivision which is presented for final approval., major or minor special use permit, or building permit A permit issued by the Inspections Department in conformance with the State Building Code. (if none of the preceding approvals are required) that is substantially complete as of December 31, 2006 or within two years of the date of development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. approval, whichever is later, shall conform to the approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. except that it shall comply with the provisions of this Ordinance adopted for environmental purposes, including but not limited to Article 8, Environmental Protection, Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, and Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, and to all other applicable laws or ordinances adopted for environmental purposes.

B. Timely Submission of Information

Applicants who have substantially complete applications as provided above shall comply with all requests for further information and submit all necessary revisions of submitted plans in a timely manner. Paragraph 3.2.4G, Active Application Time Period, shall apply, and any new application shall then conform with the provisions of this Ordinance.

The prosecution of violations The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. which occurred under previous ordinances shall continue until resolved.

A. The zoning district names in effect prior to the effective date of this Ordinance are hereby converted, as shown on the following table. The addition of new zoning districts or the deletion of zoning districts subsequent to the original adoption of this Ordinance is not reflected in the following table.

B. Projects originally developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as R-20 Cluster Developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. prior to 1994 that were converted to R-15 projects under the 1994 zoning ordinance shall be designated as RS-20 developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with the adoption of this Ordinance.

C. All parcels See “Lot of record.” zoned with development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans, both developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and undeveloped, shall continue to carry the (D) designation. Deviations from such development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans shall be governed by the provisions of paragraph 3.5.12, Deviations from Approved Development Plans.