A. The following zoning districts are hereby established, and are 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..

B. All 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 approved as part of a rezoning action shall continue in force, except as may be modified in the future under the provisions of paragraph 3.5.12, Deviations from Approved Development Plans.

A. 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. Tier Map is intended to ensure that 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. reflects the character of the area within which it occurs and to minimize the cost of extending infrastructure into areas inappropriately. The tiers shown on the map shall function as overlays, establishing guidelines within which different 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. patterns, intensities, and densities The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. shall be utilized. 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. tiers shall include the following:

1. The Rural Tier – That area of Durham that lies outside the Suburban Tier and largely within watershed All of the land area draining to a particular point on a water course or to a water body. critical areas within which 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. should maintain a rural focus to encourage preservation of agriculture and protect important water resources. 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. within this area should feature large lots to minimize demands on infrastructure, with limited commercial areas.

2. The Suburban Tier – That area not included within the Downtown, Compact, Urban, or Rural Tiers in which urban services are expected to be provided 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. at traditional suburban densities The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. and patterns. This area is anticipated to absorb the majority of Durham’s population growth and its attendant demands for housing, employment, and goods and services, including opportunities for affordable housing and recreation.

3. The Urban Tier – That area surrounding the historic downtown of the City within which 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. was concentrated prior to the 1960s. Within this area, 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. should maintain an urban form with small lot sizes and differing uses in proximity to one another.

4. The Compact Neighborhood Tier – That area near planned transit stations, within which 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. is intended to be transit-, bicycle- and pedestrian-oriented to enhance the street level experience and provide a mixture of goods and services. Auto-oriented and low intensity uses shall be discouraged.

5. The Downtown Tier – That area covered by the Downtown Master Plan within which 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. is intended to be transit- and pedestrian-oriented in order to enhance the street level experience and provide a mixture of goods and services near transit. Auto-oriented and low intensity uses are discouraged.

B. The location and boundaries of 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. tiers described throughout this Ordinance shall be as shown on the geographic coverage layer entitled "Tiers" that is maintained as part of the City's and County's geographic information systems (GIS) under the direction of the Planning Director, or designee. This depiction of tier boundaries shall constitute 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. Tier Map for the City's and County's jurisdiction and is adopted into this Ordinance by reference. The City or County Clerk, as appropriate, may, upon validation by the Planning Director, or designee, certify a paper copy of 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. Tier Map, or portions of the map, as a true and accurate copy of 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. Tier Map, or a portion thereof.

C. The Planning Director or designee shall revise 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. Tier Map when amendments are passed by the governing body in accordance with Sec. 3.4, 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. Adoption/Amendment. Such revisions shall be made as soon as possible after the effective date of the amendment but in no event later than five days after the effective date.

D. No unauthorized person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. may alter or modify 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. Tier Map. The Planning Director, or designee, shall correct errors in the map as they are discovered.

E. The Planning Director, or designee, shall revise 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. Tier Map, if necessary, following an interpretation of a Boundary Watershed All of the land area draining to a particular point on a water course or to a water body. Critical Area pursuant to paragraph 4.11.3, Rules for Interpretation of Overlay Boundaries, or an interpretation of zoning district boundaries pursuant to 4.1.4, Rules for Interpretation of District Boundaries.

F. The Planning Director, or designee, may authorize printed copies of 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. Tier Map to be produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. and shall maintain digital or printed copies of superseded copies of the map for historical reference.

A. The location and boundaries of zoning districts shall be as shown on a geographic coverage layer entitled “Zoning” that is maintained as part of the City's and County's geographic information system (GIS) under the direction of the Planning Director, or designee. This depiction of zoning boundaries as shown on the GIS system shall constitute the Official Zoning Map for the City's and the County's zoning jurisdiction, and is adopted into this Ordinance by reference. The City or County Clerk, as applicable, may upon validation by the Planning Director, or designee, certify a paper copy of the Official Zoning Map, or portions of the map, as a true and accurate copy of the Official Zoning Map, or a portion thereof, under the authority of NCGS §160A-79(b) and NCGS §153A-50.

B. The Planning Director, or designee, shall revise the Official Zoning Map when amendments are passed by the governing body in accordance with Sec. 3.5, Zoning Map Change. The Planning Director, or designee, shall correct errors in the map as they are discovered.

C. No unauthorized person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. may alter or modify the Official Zoning Map. Errors in the Official Zoning Map shall be corrected as they are discovered, and the corrected information shown on the GIS system.

D. The Planning Director, or designee, may authorize printed copies of the Official Zoning Map to be produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms., and shall maintain digital or printed copies of superseded versions of the Official Zoning Map for historical reference.

A. The Planning Director, or designee, may authorize periodic changes to the boundaries of the Official Zoning Map in conformance with this section.

1. Interpretations of zone boundaries, except for watershed All of the land area draining to a particular point on a water course or to a water body. overlay boundaries, may be appealed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. to the Board of Adjustment.

2. Interpretations regarding watershed All of the land area draining to a particular point on a water course or to a water body. overlay boundaries shall be performed pursuant to paragraph 4.11.3, Rules for Interpretation of Overlay Boundaries.

B. Boundaries That Follow Lot Lines

1. A boundary shown on the Official Zoning Map as following a lot line or parcel See “Lot of record.” boundary shall be construed as following the lot line or parcel See “Lot of record.” boundary as it actually existed at the time the zoning boundary was established, as shown on maps submitted or used when the boundary was established.

2. If, subsequent to the establishment of the zoning boundary, a property line adjustment is made based upon a court ruling, the zoning boundary shall be construed to move with the lot line or parcel See “Lot of record.” boundary if the adjustment is less than 10 feet.

C. Boundaries That Do Not Follow Lot Lines

1. Where the ordinance establishing a zoning boundary identifies the boundary as following a particular natural feature such as a ridgeline, contour line, a river, stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., lake or other water course, or reflects a clear intent that the boundary follow the feature, the boundary shall be construed as following that feature as it actually exists. If, subsequent to the establishment of the boundary, such natural feature should move as a result of natural processes (slippage, subsidence, erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof., flooding, 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., etc.), the boundary shall be construed as moving with the natural feature.

2. A boundary shown on the Official Zoning Map as approximately following a street or railroad line shall be construed as following the centerline of the street or railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. If, subsequent to the establishment of the boundary, the centerline of the street or railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. should be moved as a result of its widening or a minor realignment (such as at an intersection), the boundary shall be construed with moving with the centerline only if the centerline is moved no more than 25 feet.

3. A boundary shown on the Official Zoning Map as approximately parallel to, or as an apparent extension of, a feature described above shall be construed as being actually parallel to, or an extension of, the feature.

4. If a zoning boundary splits an existing lot or parcel See “Lot of record.”, the metes and bounds description, if one was submitted at the time the zoning boundary was established, shall be used to establish the boundary.

5. If the specific location of the boundary cannot be determined from application of the above rules to the Official Zoning Map, it shall be determined by scaling the mapped boundary's distance from other features shown on the map.

The RR District is established to provide for agricultural activities and residential 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. on lots of one acre or greater and in conservation 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.. Commercial and industrial 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. is generally prohibited.

The RS Districts are established to provide for orderly suburban residential 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 redevelopment. A limited number of nonresidential uses are allowed, subject to the restrictions necessary to preserve the character of the suburban neighborhood. Multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. 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. is permitted in areas designated RS-M, which should have convenient access to arterial streets and nearby civic, commercial or employment uses.

The RU Districts are established to provide for orderly urban residential 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 redevelopment. A limited number of nonresidential uses are allowed, subject to the restrictions necessary to preserve the character of the urban neighborhood. Such uses should have convenient access to arterial streets and nearby civic, commercial or employment uses.

The RC District is established to promote well-integrated new residential and civic 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. close to designated and future regional transit stations. The district is intended to ensure that new 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. takes advantage of compatible, higher density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance., transit-friendly design opportunities in close proximity to transit systems. New 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. in this district requires both pedestrian orientation The directional placement of a structure or element in relation to its surroundings, the street and other structures. and human scale in architecture at the street level.

The Commercial Infill (CI) District is established to provide for small commercial and mixed use A development that includes both residential and nonresidential uses as principal uses on the same development site. See paragraph 4.4.5 , Mixed Use, and paragraph 6.11.7, Mixed Use (MU). nodes within the Compact Neighborhood and Urban Tiers. These nodes are intended to provide for pedestrian-oriented 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. that supports the surrounding residential neighborhoods, and have limited vehicular accommodation. The CI District is only appropriate in locations that have direct access to residential neighborhoods. Businesses within the District should be sited to maximize visibility, convenience, and accessibility for pedestrians.

The CN District is established to provide for modest-scale commercial centers (as defined in Article 6) in close proximity to residential areas that offer limited commercial uses to satisfy the needs of the surrounding neighborhood. Compatibility is facilitated through design standards and buffering that provide for walkable, pedestrian-oriented 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. that complements nearby residential neighborhoods. The district is not intended for use by major or large-scale commercial sales, service or automotive-oriented activities. The CN District is only appropriate in locations that have direct access to residential neighborhoods.

The OI District is established for employment and community service activities. Some support facilities and residential uses are also allowed when compatible with surrounding uses. The OI district is designed for use on sites that have convenient access to arterials, since 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 moderate to high intensity is allowed.

The CG District is established to provide for a wide variety of commercial activities of varying scales that are designed to be served by major thoroughfares, and other similar high-volume rights-of-way. It is the intent of this district to provide sufficient size and depth of property to meet business needs, yet maintain safe traffic flows. Businesses in this district should be sited convenient to automotive traffic. 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. in the CG District should provide safe pedestrian access to adjacent Property abutting directly on the boundary of, touching, or sharing a common point. residential areas.

The SRP District is established to provide an area for business and scientific research and 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., for training, and for production of prototype products, plans or designs in a low-density, open, campus-like setting. The purpose of such production is limited to research, 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 evaluation of the merits of those products, plans or designs. The district is intended to accommodate research facilities, pilot plants A building or operation in which processes planned for use in production elsewhere can be developed and/or tested, but not including the production of any goods on the premises primarily for sale or for use in production operations., prototype production facilities and other manufacturing operations that require the continual or recurrent application of research knowledge and activity as an integral part of the manufacturing process. Offices A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. and support services are allowed.

(County Only) The SRP-C District is established to allow for the continued growth and 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 science research parks which serve as economic drivers for Durham County and the larger region. 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. in the SRP-C District shall be designed for a mix of integrated, compatible uses built at moderate-to-high intensities. The concentration of activities in the district shall be supported by access to 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 amenities that encourage biking, transit use, and pedestrian activity. To create architectural variety and visual interest, the intent of the district regulations is to allow for design flexibility.

The SRP-C District is designed for use on sites within science research parks that have access to major thoroughfares, and other similar high-volume rights-of-way, and are shown as commercial nodes in 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..

The IL District is established to provide for a wide range of light manufacturing, warehousing, and wholesaling activities as well as offices A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. and some support services, all subject to minimum design standards intended to ensure 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. is compatible with high visibility areas. Standards of this district are designed to minimize impacts on the environment and to assure compatibility with the surrounding area. It is the intent of this district to offer sites for those industries whose operations, exposure, location or traffic have minimal impact on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties.

The I District is established in order to provide sites for activities which involve major transportation terminals, and manufacturing facilities that have a greater impact on the surrounding area than industries found in the IL District. It is the intent of this district to provide an environment for industries that is unencumbered by nearby residential 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..

The PDR District is established to allow for design flexibility in residential 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.. The district is intended to encourage efficient use of the land and public services and to promote high quality design that will provide a variety of dwelling types as well as adequate support services and 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. for the residents of 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.. The district regulations are intended to allow innovative 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. that is integrated with proposed adjacent Property abutting directly on the boundary of, touching, or sharing a common point. uses and compatible with existing patterns 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..

The UC Districts are established to allow for growth and 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 colleges and universities, while protecting the larger community, nearby neighborhoods, and the environment from impacts accompanying major new 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..

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. in the UC Districts shall be designed for a mix of integrated university-related, uses, linked by pedestrian ways, bikeways, and other transportation systems. 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. in these districts shall also encourage reduced auto use, mitigate environmental impacts, conserve energy resources and achieve visual continuity in the siting and scale of buildings.

The CC District is established to provide for orderly 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 commercial services in a unified setting on large parcels See “Lot of record.” of land (generally over ten acres in size to serve residential neighborhoods within a three to five-mile radius of the site). It is the intent of this district to encourage a concentration of commercial activities surrounding a node such as the intersection of two arterials with an overall design scheme, rather than strip commercial Intense commercial development extending along a roadway at a shallow depth along that roadway. It is typically characterized by multiple curb-cuts, unconnected vehicular use areas and a proliferation of signs. areas. The district is intended to provide a wide range of retail and service activities that serve many neighborhoods. Residential uses generally are not appropriate in the CC District. 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. in the CC district should provide safe pedestrian access to adjacent Property abutting directly on the boundary of, touching, or sharing a common point. residential areas.

The CC District is designed for use on sites at major intersections that are capable of handling the proposed traffic. The CC District should not be located where primary access is from any connector-level street.

The IP District is established to provide for orderly 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 manufacturing, research and support activities in a unified campus-style setting. The district is intended to ensure 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. that is compatible with adjacent Property abutting directly on the boundary of, touching, or sharing a common point. uses. The district provides for a range of uses to be 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. with an overall design.

The MU District is established to provide innovative opportunities for an integration of diverse but compatible uses into a single 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. that is unified by distinguishable design features. In addition to a mixture of compatible uses, 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. in this district shall provide amenities, walkways and 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. to increase pedestrian activity, decrease reliance on individual vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere., foster transit usage, enhance the attractiveness of Durham City and County, improve the overall quality of life, and provide for the welfare of the citizens.

The Downtown Design (DD) District is established to encourage bicycling, pedestrian, and transit-oriented 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. through regulations appropriate to the downtown area. It focuses on the form of the private and public realm instead of on use and intensity. Regulated through sub-districts, the standards encourage a vital downtown economy that enhances Durham’s position as a commercial, cultural and entertainment hub of the region while increasing livability. The DD District is intended to work in tandem with the Downtown Tier of the Durham 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., Downtown Durham Master Plan and updates. Therefore, the Downtown Tier boundary and the Downtown District boundary are the same.

The Compact Design (CD) District is intended to encourage 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 appropriate urban streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. and form through bicycling, pedestrian, and transit-oriented 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. through various sub-districts similar to the Downtown Design District.

The Compact Suburban Design (CSD) District is intended to encourage 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 appropriate urban streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. and form through bicycling, pedestrian, and transit-oriented 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. through various sub-districts similar to the Downtown Design District.

Sub-districts of Design Districts are individual zoning districts that reflect and promote different levels 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. intensity reflective of the policies established within 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.. Primary sub-districts are Core, Support-1, and Support-2. Additional special sub-districts are established to reflect unique 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. requirements for areas designated for Design District regulations.

A. Primary Sub-Districts

B. Special Sub-Districts

1. Pedestrian Business Sub-District (Ninth Street)

The Pedestrian Business sub-district (Ninth Street) (CD-P(N)), which is located in the Compact Design District that incorporates a portion of Ninth Street, is created to protect the character existing along the east side of Ninth Street within the district and to ensure that any new 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. on the west side of Ninth Street within the district is in keeping with that character.

The purpose of the Neighborhood Protection Overlay is to protect the established character of existing neighborhoods by modifying the standards of underlying base districts in order to more effectively match the density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance., intensity, or established character of an existing area.

A. A petition to establish a Neighborhood Protection Overlay shall not be construed as a complete and accepted zoning map change application. The governing body, as applicable based upon jurisdiction, shall be the approving authority to initiate a Neighborhood Protection Overlay application, and would therefore be the official applicant.

B. A Neighborhood Protection Overlay shall be established as both a zoning map change in accordance with the requirements of Sec. 3.5, Zoning Map Change, to reflect the boundaries of the designated overlay, and a text amendment in accordance with the requirements of Sec. 3.19, Text Amendment, to codify the standards established within the overlay.

C. Multiple Neighborhood Protection Overlays shall not be designated over any individual property. A property may only be located within one Neighborhood Protection Overlay.

D. The overlay standards shall reflect the prevalent intensity and consistent 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. design in the neighborhood, to ensure that new 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. reflects the identifiable physical character of the area.

E. Petition Submittal

1. Required Pre-Petition Conference

Prior to submittal of a petition and the required pre-submittal neighborhood meeting, a pre-petition conference with the Planning Director or designee shall be required. The Planning Director or designee may establish deadlines for such conferences.

2. Required Pre-Submittal Neighborhood Meeting

After the pre-petition conference and prior to submittal of a petition, a neighborhood meeting shall be held pursuant to paragraph 3.2.3, Neighborhood Meeting. In lieu of those requiring notification pursuant to paragraph 3.2.3C, the following shall be notified:

a. All officers A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. and/or representatives of any neighborhood association or other neighborhood group established within the proposed boundaries of the Neighborhood Protection Overlay and that is registered with the Planning Department to receive notice.

b. Each owner Any person having charge of any real property according to the records held by the Register of Deeds. of record of property within the proposed boundaries of the Neighborhood Protection Overlay.

3. Submittal

a. Petitions to initiate the establishment of a Neighborhood Protection Overlay shall be submitted to the Planning Department pursuant to the established submittal schedule for such petitions, and shall utilize the official forms maintained by the Planning Department pursuant to paragraph 3.2.4, Application Requirementss, and any other requirements of this section.

b. In order to be accepted for review, a petition shall provide documentation that demonstrates compliance with the following requirements:

(1) The proposed overlay area totals at least 15 acres, excluding right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.;

(2) The average age of structures within the proposed area is at least 25 years old;

(3) At least 75% of parcels See “Lot of record.” within the proposed area are 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.;

(4) The required pre-petition meeting was held;

(5) The required pre-submittal neighborhood meeting was held and performed as required per this section and paragraph 3.2.3, Neighborhood Meeting; and

(6) The additional documents listed in paragraph c, below, were provided.

c. Additional Submittal Requirements

(1) A proposed map of the overlay area. The proposed overlay area shall not include properties for which the owners Any person having charge of any real property according to the records held by the Register of Deeds. were not notified for the neighborhood meeting.

(2) A petition of support signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. by property owners Any person having charge of any real property according to the records held by the Register of Deeds. and residents within the proposed area.

(3) Documentation of a consistent, identifiable physical character.

(4) Documentation of historical, social, or other significance applicable to the neighborhood.

(5) A discussion of specific physical elements or 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. patterns that are not adequately addressed by the base zoning regulations.

(6) A plan for neighborhood outreach and overlay 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..

(7) Any other materials the petitioner(s) believe are pertinent to the request.

d. Notification Fees

If required through the adopted fee schedule, mailed notification fees for the governing body meeting shall be required at the time of submittal.

4. Action by the Planning Department

The Planning Director or designee shall review the submittal for completeness and conformance with the requirements of this section, and forward the request to the applicable governing body for its review and determination to initiate the petition. Prior to forwarding to the governing body, the following shall be performed:

a. Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be placed throughout the proposed NPO area to inform residents of the request; and

b. The applicant(s) shall be offered an opportunity to present the request to the JCCPC.

5. Action by the Governing Body

a. The Planning Department shall perform a mailed notice Either surface mail or e-mail, unless one is explicitly directed. in accordance with a zoning map change pursuant to paragraph 3.2.5, Notice and Public Hearings, indicating a petition to initiate an NPO has been filed and shall be considered for initiation by the governing body at a specified date and time.

b. Upon review of provided information, the governing body shall determine whether and when to initiate the designation process for the Neighborhood Protection Overlay. At a minimum, the governing body shall consider the following:

(1) That the documents submitted as part of the petition submittal are correct and sufficient.

(2) Support by residents and property owners Any person having charge of any real property according to the records held by the Register of Deeds.. An indicator shall be the petition of support submitted as part of the request, but other indicators may be considered.

(3) That there is a historical, social, or other type of significance that the overlay request would aid in preserving.

(4) That there are consistent and identified physical characteristics and other elements that the base zoning cannot sufficiently address.

(5) That the parameters of the proposed overlay would be consistent with 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. and other applicable policies.

(6) That there are sufficient staffing resources that would not negatively impact approved work program priorities.

c. If the governing body initiates the overlay request, it shall refer the item back to the JCCPC for consideration within the Planning Department’s work program.

F. If an overlay designation is initiated and overlay 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. has begun, the Planning Director or designee:

1. Shall review any proposed overlay area and associated standards to determine their conformity with the requirements of this section. As part of this review, the Planning Department shall hold at least one neighborhood meeting prior to initiating the public hearing process; and

2. May review progress with the governing body prior to the required public hearings to verify continued support for the overlay or to discuss new issues pertinent to the establishment of the overlay.

A. A Neighborhood Protection Overlay may allow for the modification of any of the following standards within this Ordinance:

1. Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. regulations in Article 5, Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Regulations;

2. District intensity standards in Article 6, District Intensity Standards;

3. Site design standards in Article 7, Design Standards;

4. Tree protection and tree coverage standards in Article 8, Environmental Protection;

5. Landscaping and buffering standards in Article 9, Landscaping and Buffering; or

6. Parking standards in Article 10, Parking and Loading.

B. Any modified standards applicable within a Neighborhood Protection Overlay shall be expressly set forth in the overlay district at the time of adoption.

A. Purpose

The purpose of this section is to establish additional standards to ensure that new 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. protects and preserves the established character of the neighborhood as defined on the official zoning map.

B. Applicability

This section shall apply to the boundaries of the Tuscaloosa-Lakewood Neighborhood Protection Overlay as shown on the official Zoning Map.

C. General Standards

1. Landscaping

This section shall apply to construction of any primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., and shall apply on individual lots.

a. Trees, other than Pinus genus, located within required 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. shall be retained unless removal is required to accommodate vehicular and pedestrian access or utilities, or the following is demonstrated by a certified arborist:

(1) The tree is determined to be unhealthy; or

(2) The tree would not survive construction activity.

b. A minimum of seven percent tree coverage, met through preservation, replacement, or a combination thereof, per Sec. 8.3, Tree Protection and Tree Coverage, is required regardless of the underlying zoning district.

c. For single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. 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., the requirements in paragraph a above are applicable until a certificate of compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. has been issued for the residence on an individual single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. lot.

2. Building Height

The maximum height of a new 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 35 feet unless a lower height is required by another ordinance requirement.

D. Residential

Commentary: North Carolina Session Law 2023-108 limits the ability to place design or aesthetic regulations buildings constructed under the North Carolina Residential 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. Code.

1. Building Design

a. New primary structures shall maintain a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached residential appearance and scale. Residential appearance and scale shall expressly include details from residential uses within the context area as defined in paragraph 6.8.2A.1, Context Area. Review and approval of elevations and other design details through site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review pursuant to Sec. 3.7, Site Plan Review, or architectural review pursuant to Sec. 3.22, Architectural Review, as applicable, shall be required prior to the issuance of a building permit A permit issued by the Inspections Department in conformance with the State Building Code. or site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval as applicable. Such details shall include the following features:

(1) Roof type, including extent of eaves and eave ornamentation, if any;

(2) Porches or other similar articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. of the front façade, including typical porch details associated with specific architectural styles found in the context area;

(3) Façade materials; and

(4) Size, pattern, style, and location of windows and doors.

b. If no more than two primary structures exist within the context area, then the context area for determining the above criteria shall be extended to include the nearest block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces within the Neighborhood Protection Overlay, in all directions, with at least two structures.

2. Housing Types

Multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. housing types shall be limited to multiplexes, townhouses A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls., and detached row houses, as allowed by the base zoning.

3. Driveways

For single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. lots, driveways A private roadway located on a parcel or lot used for vehicle access. shall have a maximum width of 12 feet within the required street yard 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 at all points in front of the rear building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

E. Nonresidential Uses and Structures

1. Landscaping

No buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. reductions permitted per paragraph 9.4.5C, Urban, and Compact Neighborhood Tier Constructed Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., shall be permitted.

2. Building Design

a. Any reconstruction, additions and/or renovations to structures originally designed for residential use but converted to nonresidential use shall maintain a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached residential appearance. Residential appearance shall expressly include details from residential structures, or former residential structures, within the context area as defined in paragraph 6.8.2A.1, Context Area. Review and approval of elevations and other design details through site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. review pursuant to Sec. 3.7, Site Plan Review, or architectural review per Sec. 3.22, Architectural Review, as applicable, shall be required prior to the issuance of a building permit A permit issued by the Inspections Department in conformance with the State Building Code. or site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval as applicable. Such details shall include the following features:

(1) Roof type, including extent of eaves and eave ornamentation, if any;

(2) Porches or other similar articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. of the front façade including typical porch details associated with specific architectural styles found in the context area;

(3) Façade materials; and

(4) Size, pattern, style, and location of windows and doors.

b. If no more than two primary structures exist within the context area, then the context area for determining the above criteria shall be extended to include the nearest block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. faces within the neighborhood protection overlay, in all directions, with at least two structures.

A. Purpose

This overlay establishes standards for the Old West Durham neighborhood to ensure that new residential 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. is compatible with the established urban form, modest scale, and mill village character of the neighborhood. Preservation of green space and tree canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. are primary motivations for the formulation of a number of these standards. This section is not intended to reduce density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. within the neighborhood.

B. Applicability

This section shall only apply to the following types of single and two family One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A.  Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules. residential 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. within the boundaries of the Old West Durham Neighborhood Protection Overlay, as shown on the official Zoning Map:

1. Construction of, or addition to, any primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways.;

2. Construction of, or addition to, any garage, accessory dwelling unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling., and/or other accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that requires a building permit A permit issued by the Inspections Department in conformance with the State Building Code. and is enclosed on more than two sides;

3. Enclosure by more than two walls of formerly unenclosed spaces;

4. Construction of, or addition to, any vehicular use area; and/or

5. 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. or consolidation of parcels See “Lot of record.”.

C. General Standards

1. Primary and Accessory Structure Bulk (Floor Area Ratio)

a. The maximum floor area ratio (FAR) The ratio of building area to parcel area. shall be 0.325 (32.5%). For purposes of this NPO only, floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. is defined as the heated square footage of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. plus the total square footage (heated or unheated) of any garage, accessory dwelling unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling., or any accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. that requires a building permit A permit issued by the Inspections Department in conformance with the State Building Code. and is enclosed on more than two sides.

b. To calculate the FAR, the floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. is divided by the lot size.

c. Regardless of the calculated FAR, each parcel See “Lot of record.” shall be allowed a minimum of 2,200 square feet of floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. and no parcel See “Lot of record.” shall exceed 3,600 square feet of floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements..

d. Provided that the structural footprint and height remain unchanged from May 7, 2018, a FAR may be exceeded by converting unheated fully enclosed square footage to heated square footage.

e. Heated square footage from a floor built below grade A land disturbing activity that modifies the contours of the land. shall be exempt from the FAR calculation provided the exposed foundation wall is not more than three feet above grade A land disturbing activity that modifies the contours of the land. at any point along any street facing facade.

f. The total square footage of an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not exceed 50% of the heated floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and shall not exceed 800 square feet.

g. For accessory structures with sloped ceilings, only floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. with a ceiling height of five feet or more shall be included within the FAR.

h. A building permit A permit issued by the Inspections Department in conformance with the State Building Code. application or plot/site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., as applicable, shall detail the existing and proposed FAR.

2. Primary and Accessory Structure Height

a. The height of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., as calculated in paragraph 6.12.1, Height, shall not exceed 31 feet.

b. The height of an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., as calculated in paragraph 6.12.1, Height, shall not exceed 24 feet.

c. If the height of an accessory structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. exceeds 16 feet, then the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. must be set back at minimum of 10 feet from any property line, except where that property line abuts a dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., undeveloped land, or a nonresidential land use.

3. Lot Dimensions

The maximum lot area The total area within the lot lines of a platted lot. shall be 12,000 square feet.

4. Trees

a. The area between the rear wall of the primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the rear property line shall contain, at minimum, one canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. tree of at least two inches in caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers., in accordance with the Landscape Manual for Durham, North Carolina.

b. All trees required by the 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 must be depicted on building permit A permit issued by the Inspections Department in conformance with the State Building Code. applications or plot/site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., as applicable, including the location, caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers., and species.

5. Vehicular Use Area and Off-Street Parking Requirements

a. For purposes of this NPO only, a vehicular use area includes all surface area designated or utilized for vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking or vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. access.

b. The minimum off-street parking requirement is one space per dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.. Accessory dwelling units A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling. are not required to provide off-street parking.

c. The maximum width of the vehicular use area shall be 12 feet; however, the vehicular use area may expand up to 24 feet in width to accommodate garage access and parking. The total additional vehicular use area beyond 12 feet in width shall:

(1) Be behind the front building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building.;

(2) Be not less than 20 feet from the front property line; and

(3) Not exceed 400 square feet.

The Transitional Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. Overlay is established to allow an orderly transition of land use from residential use to relatively small-scale office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. use of lots and parcels See “Lot of record.” fronting major roadways, while maintaining a predominantly residential property appearance and 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. scale.

A. A Transitional Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. Overlay may only be established as a zoning map change in accordance with the requirements of Sec. 3.5, Zoning Map Change.

B. A Transitional Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. Overlay may be established in any residential base district, and may be established over more than one residential base district.

A. Any use permitted by right, subject to limitations, or through special use permit in the underlying base districts shall be permitted in the overlay.

B. The following uses or use categories shall be permitted in addition to the uses permitted in the underlying zoning district. No retail sales shall be permitted as a primary use in the overlay.

1. Upper-story residential;

2. Medical facilities (other than hospitals An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop.);

3. Offices A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products.;

4. Animal hospitals An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop., veterinary clinics Establishments where humans receive treatment of illnesses or pregnancy, or examinations by a doctor, dentist, optician, psychologist, or other similar medical professional on an out-patient basis., animal boarding places (all without outdoor pens or runs);

5. Artist galleries;

6. Artist studios; and

7. Diet houses.

A. New buildings in the Transitional Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. Overlay shall maintain a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached residential appearance and scale. Residential appearance and scale shall expressly include details from residential uses within 150 feet of the overlay area. Such details may include the following features:

1. Roof type, including extent of eaves, if any;

2. Porches or other similar articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. of the front façade;

3. Size, pattern and location of windows and doors; and

4. Garage or parking location.

B. The underlying district dimensional standards shall be met, except where expressly modified in this paragraph.

1. The maximum height of a new 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 35 feet.

2. The maximum length of a new 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 not exceed 80 feet.

3. The maximum floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. of any nonresidential use in the overlay or aggregation of multiple nonresidential uses in a single 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 5,000 square feet.

C. All nonresidential activity (except that allowed within a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District.) shall occur within a completely enclosed 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..

D. The residential appearance of buildings shall be furthered by the retention of street lawns free of vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking. All off-street parking spaces A designated off-street area designed to accommodate the parking of one vehicle. shall be located no closer to the principal street than the front building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building., regardless of any required yard 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. or 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. setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure..

The Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay is established to contribute to the safe operation of airports, to facilitate orderly 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. around airports, and to control and minimize impacts on surrounding activities. It is also the intent of this overlay to encourage land use patterns which are appropriate for the airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. vicinity and public safety by avoiding concentrations of population. Standards are provided to ensure an attractive entrance to the area in order to encourage trade and commerce and thereby maintain economic vitality.

The Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay applies to properties in the vicinity of Raleigh-Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled.. The specific boundaries are defined on the Official Zoning Map and are imposed on property as an addition to the underlying zoning district. The boundaries generally follow physical boundaries which are identifiable on the landscape and are related to the airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. noise contours as determined by the Raleigh-Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority. The Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay is divided into two suboverlays which are further described below:

A. -A65

Shall be that area found within the 65 Ldn of the Raleigh-Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. and shown on the Official Zoning Map.

B. -A60

Shall be that area located outside the 65 Ldn but within the 60 Ldn of the Raleigh-Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. and shown on the Official Zoning Map.

A. Permitted Uses in -A65

Only the following uses shall be allowed, pursuant to the permissibility of the underlying zoning district in Sec. 5.1, Use Table: Agricultural, Residential, and Utilities (per Public and Civic Uses).

B. Permitted Uses in -A60

All uses in the underlying zoning district shall be permissible pursuant to Sec. 5.1, Use Table, with the exception of outdoor firing ranges A property prepared, equipped and delineated for the purpose of shooting at targets by rifles [excluding air rifles], pistols, shot guns or archery. Excluded from this definition are residential sites and properties with hunting leases..

C. Prohibited Lighting

The lighting types below shall not be permitted:

1. Any moving, pulsating, flashing, rotating, or oscillating light, which may interfere with air traffic other than navigational markings or lights marking potential obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. in accordance with Federal Aviation Administration requirements.

2. Flood lights, spot lights, or other lighting devices which are not shielded so as to prevent illumination in an upward direction.

3. Any light which constitutes a “misleading light” within the meaning of Federal Aviation Administration regulations.

D. Prohibited Electronic Signals

Any electronic impulse or signal which interferes with communications between aircraft and the airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled., or which interferes with established navigation aids shall be prohibited.

E. Prohibited Heights

Structures and signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. of a height which obstruct When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. the takeoff and landing of aircraft, as determined by the Federal Aviation Administration, shall be prohibited.

A. The Raleigh-Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority shall have the opportunity to review applications for a special use permit, variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship., zoning map change, 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., or site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval within the airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. overlay prior to a decision by the approving authority. All 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. shall also comply with the airspace regulations adopted by the Raleigh-Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority. Whenever said airspace regulations impose more stringent requirements or limitations than are required by this Ordinance, the provisions of the airspace regulations shall prevail.

B. Residential 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. within the Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay shall demonstrate that aircraft noise exposure within the dwellings shall not exceed decibel levels of 45 Ldn and be certified by an acoustical engineer or a board certified member of the Institute of Noise Control Engineering. Measures for reducing noise exposure may include: orientation The directional placement of a structure or element in relation to its surroundings, the street and other structures. of structures, design standards, landscaping, or construction materials used in walls, windows, doors, roofs, floors, or ceilings. Design guidelines for noise reduction are available from publications of the Raleigh-Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority.

C. Residential 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. within the Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay shall ensure that purchasers of the dwellings will be notified that the property may be subject to noise exposure from aircraft using Raleigh-Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled.. Measures used to notify purchasers may include notices on plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. or deeds.

D. Nonconforming uses may be continued subject to the regulations found elsewhere in this Ordinance. However, no building permit A permit issued by the Inspections Department in conformance with the State Building Code. shall be issued which would allow a greater hazard (for example: more units, or brighter lighting) to public safety than existed at the time of adoption of this Ordinance.

E. Avigation Easement

The developer 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 new 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. in the Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay-A60 or –A65 shall grant an avigation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. to the Raleigh-Durham Airport A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority for the subject property. A copy of the recorded avigation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be provided to the Planning Director prior to approval of a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary/minor plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. for the subject property. The easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. must, at a minimum, convey a perpetual right and easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for the free and unobstructed overflight of aircraft over and in the vicinity of the property. The easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. must be appurtenant to the property, and must not be subordinated Secondary in appearance so as not to diminish or visually overpower another element or structure. This shall be considered as a whole and shall not require each dimensional aspect to be subordinate, unless specifically required by another provision of this Ordinance. to any other interest such as mortgage or lien. 

The MTC Overlay is established to enhance the economic and aesthetic appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. and orderly 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 properties adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to major transportation corridors. Certain arterial streets, parkways and expressways The same attributes as a freeway but with partial control of access and some limited driveways. Such facilities are identified and further described on the adopted Comprehensive Transportation Plan, as amended. are of critical importance to Durham City and County. Rights-of-way carrying high volumes of traffic are image makers for Durham City and County. They act as entryways for visitors and residents and also serve as an indicator of the quality of life found in the area. Standards are provided to ensure that highways, freeways A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended., and other similar high-volume rights-of-way in this overlay develop 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 improved traffic efficiency and safety by reducing visual clutter and avoiding inappropriate site design.

Except in design districts, the MTC Overlay shall apply to all property within 1,250 feet of a designated right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and may extend up to 2,500 feet at intersections. The actual boundaries shall be determined at the time of adoption of the MTC Overlay and shall be shown on the Official Zoning Map. The MTC Overlay shall be measured perpendicular to the edge of:

A. The right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. of the limited access highway; or

B. The right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. for a frontage road See “Street, Public” and “Street, Private.”, if present.

A. Location of Buffers

A buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be provided along the perimeter of the property line adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the designated right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

B. Buffer Width

1. The buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be no less than 30 feet and no more than 100 feet. The actual buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be determined at time of adoption of the overlay. In determining the width of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., the governing body shall consider the following factors:

a. The topography of the area;

b. The existing and proposed land uses;

c. The size of the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. parcels See “Lot of record.”;

d. The traffic volumes of the corridor; and

e. Any additional factors the governing body deems reasonable in carrying out the purpose of the Ordinance.

2. The following buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. widths shall be provided for the following designated rights-of-way:

C. Permitted Activity in Buffer Area

1. Within the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area, existing vegetation shall be maintained in a natural, undisturbed state. In areas where the existing vegetation provides inadequate screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or applicant shall install vegetation that meets the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards of paragraph 9.4.4.A, Natural Buffers Required.

2. When necessary, transportation corridors and utility easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. may cross the required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area. Such crossings shall be designed to minimize clear views through the required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. The nature and limits of such intrusions shall be shown in detail on all site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or 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. plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. associated with the crossing.

3. Trails may not intrude laterally into the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. for distances greater than 50 feet. Trails shall meander to avoid natural features and to prevent clear views through the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. Selective thinning may be allowed; however, no tree over 12 inches in caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. shall be removed for the trail. The maximum trail width shall be ten feet. Trails shall be shown on all site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and 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. plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. associated with the trail.

4. Walls or fences

Except as provided in paragraph 4.9.3D, Adjustments to the Required Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., walls or fences shall not be constructed within the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area.

D. Adjustments to the Required Buffer

1. Within areas of I-85 MTC Overlay where the required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width is identified as 100 feet in paragraph 4.9.3B, Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Width, the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width can be reduced to 50 feet without a major special use permit if the following conditions are met:

a. On properties proposed for residential purposes, with at least 900 feet of uninterrupted frontage along the limited access highway or frontage road See “Street, Public” and “Street, Private.”, if present, a noise barrier is built to the NCDOT noise policy and to match existing NCDOT noise barriers; and,

b. On properties proposed for nonresidential purposes that provide a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with 80% opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. as defined in paragraph 9.4.5, Constructed Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

2. The buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width and amount of landscape materials may be reduced through the issuance of a Major Special Permit pursuant to 3.9, Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit, considering the following issues in addition to the findings set forth in paragraph 3.9.8, Criteria for Approval of Major and Minor Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permits.

a. The topography of the area; and

b. The size of the parcel See “Lot of record.” of record.

Freestanding signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. within the MTC Overlay shall not exceed 12 feet in height.

Historic District Overlays may be established to protect and preserve areas and landmarks with special significance in terms of prehistorical, historical, architectural or cultural importance, and possesses integrity of design, setting, materials, feeling and association.

1. Historic Districts Overlays may be designated by the governing body after the Historic Preservation Commission (HPC) deems and finds that the area is of special significance in terms of its prehistorical, historical, architectural, or cultural importance, and possesses integrity of design, setting, materials, feeling, and association.

2. Procedures for designation of Historic District Overlays shall be found in Sec. 3.16, Historic or Landmark Designation.

All 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. within a locally designated historic district shall comply with the requirements contained in this section. In addition, all 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. within a locally designated historic district shall comply with the requirements of any underlying zoning district, except as otherwise required by this ordinance.

General standards that apply to all Historic District Overlays may be 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.; however, each individual overlay may have additional specific standards that apply specifically to one overlay.

A. 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. in the Downtown Historic District Overlay shall comply with the standards of this subsection, in addition to the standards of the adopted Downtown Durham Historic Preservation Plan and the general standards of the Downtown Design District.

B. In the event of a conflict between applicable standards, the following standards shall take precedence in the order listed below:

1. The Downtown Durham Historic Preservation Plan, through approval of an applicable certificate of appropriateness.

2. The standards of this subsection.

3. The standards of the Downtown Design District.

4. All other applicable standards of this Ordinance.

C. Build-to Line

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. in the Historic District Overlay shall conform to established build-to lines. The build-to line The line a set distance from the back of curb establishing the required building location. Build-to lines shall be measured from the predominant curbline (not including bulb outs) or future curbline where no curb currently exists. requirement shall be:

1. If buildings exist adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the property on either side, the build-to line The line a set distance from the back of curb establishing the required building location. Build-to lines shall be measured from the predominant curbline (not including bulb outs) or future curbline where no curb currently exists. shall be at or between the two established street façade locations;

2. If an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. 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. exists on only one side of the property, the build-to line The line a set distance from the back of curb establishing the required building location. Build-to lines shall be measured from the predominant curbline (not including bulb outs) or future curbline where no curb currently exists. shall be within two feet of the existing street façade location; or

3. If no adjacent Property abutting directly on the boundary of, touching, or sharing a common point. buildings exist, the corresponding DD sub-district build-to zone In Design Districts, the area parallel to the street where a street-facing façade or forecourt is required to be located. shall apply.

4. On corner lots, the standards of this section shall apply for each street façade.

D. Building Step-Backs

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. step-backs shall meet the preservation plan requirements through the issuance of a COA and shall be exempt from the height articulation An emphasis given to architectural elements (including windows, balconies, porches, entries, etc.) to create a complementary rhythm or pattern; or modulation of building façades, massing, and detail to create variety. requirements of paragraph 16.3.3C.1, DD District.

E. Height

1. Maximum height shall be determined by the underlying DD sub-district.

2. The HPC may allow height greater than that of the highest ‘pivotal’ or ‘contributing’ structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. (as assigned in the Downtown Durham Historic District Preservation Plan) only by making the following additional findings:

a. The proposed 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. allows for adequate light, air and 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. access to adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties; and

b. Given consideration of the height of structures in the immediate vicinity, the proposed 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. does not adversely affect the character of the historic district.

3. The HPC may limit height below the maximum allowed in order to find that the proposal is consistent with the adopted Historic Properties Local Review Criteria, as amended.

A. The purpose of the Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlay is to preserve the quality of the region's drinking water supplies through application of 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. standards in Article 8, Environmental Protection. In general, water supply protection will be accomplished by establishing and maintaining low intensity land use and 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. on land near the region's water supply rivers and reservoirs. Where high density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. 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. is desired, water supply protection will be accomplished through the use of engineered stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls. The overall objective is to:

1. Reduce the risk of pollution from stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. running off of paved and other impervious surfaces A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended.; and

2. Reduce the risk of discharges of hazardous and toxic materials into the natural drainage system tributary to drinking water supplies.

B. Watershed All of the land area draining to a particular point on a water course or to a water body. protection regulations shall be adopted by the City of Durham and Durham County in accordance with the requirements of the North Carolina Environmental Management Commission, Title 15A NCAC 2B .0100, .0200 and .0300, (adopted pursuant to NCGS §143-214.5) and in accordance with NCGS Chapter 160D.

A. The following six Watershed All of the land area draining to a particular point on a water course or to a water body. Overlays shall be established for lands within the watersheds All of the land area draining to a particular point on a water course or to a water body. of public drinking water rivers and reservoirs. Each Watershed All of the land area draining to a particular point on a water course or to a water body. Overlay is divided into two areas, a Critical Area (A) and a Protected Area (B), based on their distance from the protected water supply and ridge lines that define the drainage basin.

B. The general boundaries of the Watershed All of the land area draining to a particular point on a water course or to a water body. Overlays are defined by the distance from the normal pool and ridge line criteria described above, with rights-of-way and property lines used to determine inclusion or exclusion in the Watershed All of the land area draining to a particular point on a water course or to a water body. Overlay.

C. The general boundaries and the parcels See “Lot of record.” included within these boundaries are shown on the map entitled "Watershed All of the land area draining to a particular point on a water course or to a water body. Overlays Parcels See “Lot of record.” Map", which is included by reference and adopted as part of this Ordinance.

D. Where a general boundary crosses a parcel See “Lot of record.”, parcels See “Lot of record.” one-half acre or less shall be excluded from the Overlay, and parcels See “Lot of record.” greater than one-half acre shall be included. Upon adoption of this Ordinance, the parcels See “Lot of record.” included in each Overlay and their Watershed All of the land area draining to a particular point on a water course or to a water body. Overlay designation shall be shown on the Official Zoning Map.

A. When a property is divided by one or more of the arcs representing the one half-mile, the one-mile, or the five-mile distance from the reservoir, or by the ridgeline that defines the water supply reservoir, a request can be submitted for an interpretation of the Watershed All of the land area draining to a particular point on a water course or to a water body. Overlay boundary through the City-County Planning Department. The request can be submitted by any individual and shall include sufficient information to enable the Planning Director to make a recommendation to the governing body and NC Environmental Management Commission (EMC), as appropriate.

B. For all requests, the Planning Director will evaluate the request and will seek approval from the appropriate governing body for submission to the NC Environmental Management Commission (EMC). Upon such approval, the Planning Director will submit the proposed Watershed All of the land area draining to a particular point on a water course or to a water body. Overlay boundary change to the EMC, in accordance with 15A NCAC 02B .0104(o). Upon approval by the EMC, the Planning Director will complete the interpretation and modify the Watershed All of the land area draining to a particular point on a water course or to a water body. Overlay boundary in accordance with the interpretation. All such changes shall be shown on the Official Zoning Map and the Watershed All of the land area draining to a particular point on a water course or to a water body. Overlays Parcels See “Lot of record.” Map, which shall be maintained by the Planning Department.

Commentary:  The NC Administrative Code, in Rule 15A NCAC 02B .0104(o), states that all revisions (expansions and deletions) to the Environmental Management Commission (EMC) adopted critical and protected area boundaries or to the local government’s interpreted critical and protected area boundaries must be approved by the EMC prior to adoption by the local government.

C. The Planning Director, or designee, shall interpolate the general boundary as shown on the Watershed All of the land area draining to a particular point on a water course or to a water body. Overlays Parcels See “Lot of record.” Map, but may vary it to exclude lots of one-half acre or less in a proposed 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.. In addition, the Planning Director, or designee, may use identifiable physical features, such as roads See “Street, Public” and “Street, Private.”, streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. or easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., as boundaries if they approximately coincide with the interpolated general Overlay boundary. All such changes shall be shown on 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. Tier Map, the Official Zoning Map, and the Watershed All of the land area draining to a particular point on a water course or to a water body. Overlays Parcels See “Lot of record.” Map, which shall be maintained by the Planning Department.

Nonresidential land uses shall be restricted in accordance with the following table and Sec. 8.7, Watershed Protection Overlay Standards.