MODULE 2: DISTRICTS & USES

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1 UDO UP PDATE MODULE 2: DISTRICTS & USESS Public Review Draftt February 23, 2017

2 ACKNOWLEDGEMENTS MAYOR A.B. Trace Cooper, III TOWN COUNCIL Danny Navey, Mayor Pro Tem Harry Archer Ann Batt Eddie Briley John Rivers TOWN STAFF David Walker, Town Manager Michelle Shreve, Planner John Harrell, Chief Building Inspector Arrington Moore, Management Assistant CONSULTANT CodeWrightt Planners, LLC 9 Blue Bottle Lane Durham, NC Town of, NC and CodeWright Planners, LLC

3 TABLE OF CONTENTS 1 ARTICLE GENERAL PROVISIONS 1-1 ARTICLE PROCEDURES 2-1 ARTICLE ZONING DISTRICTS 3-1 ARTICLE USE STANDARDS 4-1 ARTICLE Development Standards 52 ARTICLE Environment 57 ARTICLE Subdivisions 59 ARTICLE NONCONFORMITIES 8-1 ARTICLE ENFORCEMENT 9-1 ARTICLE DEFINITIONS & MEASUREMENT This document does not include Appendix B (plant list) from the current ordinance, nor does it include the various submittal requirements (e.g., Section , Section 8.7.B, Section B, Section 15.2.A & E, Section 15.4.A & B, and Section 16.8.A & B). These are intended for relocation to an outside document like a procedures manual, to be prepared by staff.

4 ARTICLE ZONING DISTRIC CTS General Provisions Zoning Districts Established Residential Zoning Districts Mixed Use Districts Commercial Districts KEY CHANGES IN UPDATED UDO Revised the names and abbreviations for each zoning district to be more intuitive. Reorganized district information into matrix form and added graphicc elements to illustrate the dimensional standards, typical development forms, and lotting patterns in each district. Added general purpose and intent statements to each type of zoning district (Residential, Mixed Use, and Commercial). Updated the district-specific purpose statements for each zoning district. Relocated dimensional standards from a single table to be located with each individual district. Consolidated the Causeway Overlay (COD) district with the General Business (GB) district. Removed the cluster residential provisions as they have never beenn used and incentivize residential-only development in districts where the Town wishes to encourage mixed use. Integrated and simplified the CDD standards, including removal of the density transfer and density bonus systems pending additional consideration about limiting sending sites to those outside the district.

5 ARTICLE ZONING DISTRICTS GENERAL PROVISIONS A. TYPES OF ZONING DISTRICTS Land within the Town is generally classified by this Ordinance to be in one of a number of general, or base, zoning districts which are established in this articlee and on the Official Zoning Map. B. COMPLIANCE WITH DISTRICT STANDARDS Land in the Town shall not be developed except in accordance with the zoning district regulations of this article and all other regulations of this Ordinance, including but not limited to: Article 18-4: Use Standards, Article 18-5: Development Standards, Article 18-6: Environment, and Article 18-7: Subdivisions. C. DIMENSIONAL STANDARDS S In addition to the dimensional standards in each zoning district, the following bulk and dimensional standards shall apply to all development in Town. 1. Reduction Prohibited Except where otherwise authorized by this Ordinance: a. No lot shall be reduced in area below thee minimum requirements for the district where located except as allowed by this Ordinance. b. Lots created after [insert the effective date of this Ordinance] shall meet the minimum lot dimensional requirements for the district where located. 2. Buildings per Lot a. Only one principal building per lot shall be allowed unless otherwise allowed by this Ordinance. b. No more than one principal building devoted to a residential use shall be allowed on a lot except as part of a multi-family development. c. Two or more principal structures devotedd to a non-residential use may be located on a lot, provided that access to each structure is directly available from a public street. If access to each structure from a public street is not available, a 20-foot easement shall be recorded and maintained from a public street to each structure for use by service or emergency vehicles. 3. Required Yards a. The land area between a lot line and thee boundary off a setback is considered as a equired yard. b. The location of front, side, or rear yards on irregularly shaped lots shall be determined by the UDO Administrator. Wherever possible, the UDO Administrator shall interpret these boundaries in ways that minimize nonconformities. c. Except where otherwise provided in Section <>, Setback Encroachments, required yards shall not be subject to encroachment by a building or structure. d. In no instance shall a required yard for one lot shall be used to meet the required yards for another lot. 4. Flag Lots a. Flag lots are prohibited except in cases where the lotss would servee to provide lot access to a body of water or similar recreational facility. b. In no case shall the majority of lots within a subdivision consist of flag lots. c. All flag lots shall have a minimum road frontage of 25 feet. d. The length of the strip in the lot shall not exceed 50 feet and shalll not be used to determine lot width or required setback lines. D. OFFICIAL ZONING MAP 1. General 3-1 Module 2: Districtss and Uses

6 ARTICLE ZONING DISTRICTS Section General Provisions Subsection D. Official Zoning Map a. The Official Zoning Map designates the location and boundaries of the various zoning districts established in this Ordinance. The Official Zoning Map shall be maintained in the Town of s Boardroom and is available for public inspection during normal business hours. b. The Official Zoning Map shall bear the Town Seal and the attestation by the Town Clerk. c. The Official Zoning Map shall be the final authority as to the status of the current zoning district classification of land in the Town s planning jurisdiction, and shall only be amended in accordance with Section <>, Zoning Map Amendment. d. The UDO Administrator shall maintain digital or printed copies of superseded versions of the Official Zoning Map for historical reference. 2. Incorporated by Reference a. The Official Zoning Map is incorporated herein by reference and made part of this Ordinance. b. The Flood Insurance Rate Maps (FIRM) prepared by the State and the associated Flood Insurance Study (FIS) are incorporated herein by reference and made part of this Ordinance. 3. Replacement When the Official Zoning Map is replaced, the prior zoning map shall be preserved together with records pertaining to its adoption or amendment, unless the prior zoning map has been lost or destroyed. 4. Interpretation of Official Map Boundaries The UDO Administrator shall be responsible for determination of boundaries on the Official Zoning Map in accordance with the standards in Section <>, Interpretation, and the following standards: a. Boundaries shown as approximately following a utility line or a street, alley, or other public access way shall be interpreted as following the centerline of the right-of-way or easement for the utility line or access way. b. If a street, alley, or utility easement forming the boundary between two separate zoning districts is abandoned or removed from dedication, the zoning district boundaries shall be construed as following the centerline of the abandoned or vacated roadbed or utility easement. c. Boundaries shown as approximately following a lot line shall be interpreted as following the lot line as it existed when the boundary was established. If a subsequent minor adjustment (such as from settlement of a boundary dispute or overlap) results in the lot line moving 10 feet or less, the zoning boundary shall be interpreted as moving with the lot line. d. Boundaries shown as approximately following the centerline of a stream, shoreline, canal, lake, or other waterbody shall be interpreted as following the centerline of the waterbody as it actually exists, and as moving with that centerline to the extent the waterbody moves as a result of natural processes (flooding, erosion, sedimentation, etc.). e. Boundaries shown parallel to or as extensions of features indicated in this subsection shall be interpreted as such. f. If the specific location of a depicted boundary cannot be determined from application of the above standards, it shall be determined by using the Official Zoning Map s scale to determine the boundary s distance from other features shown on the map. In the case of flood hazard boundaries, the FIRM maps shall be used for scaling. g. Where the actual location of existing physical or natural features vary from that shown on the Official Zoning Map, or in other circumstances are not covered by this subsection, the UDO Administrator shall have the authority to determine the district 3-2

7 ARTICLE ZONING DISTRICTS Section Zoning Districts Established Subsection A. General Purpose and Intent boundaries (see Section <>, Interpretation). h. Wherever a single lot is located within two or more different zoning districts, each portion of the lot shall be subject to all the regulations applicable to the zoning district where it is located. 5. Changes to Official Zoning Map Changes made in zoning district boundaries on the Official Zoning Map shall be considered an amendment to this Ordinance and are made in accordance with Section <>, Zoning Map Amendment. Changes shall be entered on the Official Zoning Map by the Town Clerk promptly after the amendment is approved by the Town Council. Entries include the date of amendment approval ZONING DISTRICTS ESTABLISHED Table <>, Zoning Districts Established, sets out the zoning districts established by this Ordinance. Zoning districts are grouped into Residential, Mixed Use, and Business districts. 30 TABLE <>: ZONING DISTRICTS ESTABLISHED DISTRICT NAME ABBREVIATION Residential Conservation Residential Wide Yard Residential Narrow Yard Residential Manufactured Residential Mixed Residential Multi-Family Mixed Use Neighborhood Mixed Use High Intensity Commercial Circle Commercial Node Commercial Corridor RESIDENTIAL DISTRICTS MIXED USE DISTRICTS COMMERCIAL DISTRICTS RCN RWY RNY RMN RMX RMF MUN MHI CIR CND COR A. CLASSIFICATION OF GENERAL ZONING DISTRICTS Land shall be classified or reclassified into a zoning district only in accordance with the procedures and requirements set forth in Section <>, Zoning Map Amendment. B. ORGANIZATION OF GENERAL ZONING DISTRICT REGULATIONS 1. Sections through set out the general purposes of each group of zoning districts and contain subsections that set out the specific purpose, density, and dimensional standards for each individual zoning district. 2. Each district includes a summary table of dimensional standards that include letters in black circles. The black circles in the dimensional standards table correspond to the black circles depicted in the district graphics. 3. The building form, lot pattern, and development examples diagrams are for illustrative purposes 30 NOTE FOR DISCUSSION: More discussion on district names is needed. This is the current iteration of the updated district names, which are intended to be more intuitive. The dimensional standards (like density and setbacks) have not been changed. The translation table in Article 1 of this Ordinance identifies the current district names and the corresponding new names. 3-3

8 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection A. General Purpose and Intent only. In cases where an image conflicts with the text, the text of this Ordinance shall control. 4. The range of allowable uses for each general zoning district are identified in Table <>, Principal Use Table. 5. Some districts include district-specific standards that apply to all lands in the particular zoning district classification RESIDENTIAL ZONING DISTRICTS A. GENERAL PURPOSE AND INTENT 31 The residential zoning districts established in this section are intended to provide a healthy and safe environment in which to live and recreate. More specifically, they are intended to: 1. Provide appropriately located lands for residential development that are consistent with the Town s adopted policy guidance; 2. Ensure adequate light, air, privacy, and recreation and open space areas for each dwelling; 3. Provide for residential housing choice, affordability, and diversity with varying housing densities, types, and designs, including accessory dwelling units where appropriate; 4. Provide for safe and efficient vehicular access and circulation and pedestrian- and bicyclistfriendly neighborhoods; 5. Provide for orderly growth and development within the Town; 6. Provide for public services and facilities needed to serve residential areas while protecting residential areas from incompatible nonresidential development; and 7. Create neighborhoods and preserve existing community character while accommodating new development and redevelopment consistent with the Town s goals and objectives. 31 This is a new section of residential purpose standards based on the current provisions, but with some new provisions added for the Town s consideration. Each residential district also includes its own purpose statement. 3-4

9 B. RESIDENTIAL CONSERVATION (RCN) RESIDENTIAL CONSERVATION (RCN) 2. Dimensional Standards REF # STANDARD Minimum Lot Area - Per Single-Family Unit (square feet) ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection B. Residential Conservation (RCN) 1. Purpose The RCN district is established to accommodate one singlefamily detached dwelling per lot in a manner that protects sensitive environmental features like existing trees, coastal habitat, and wetlands. Alteration of the existing topography, including deposition of fill, is limited. Individual single-family detached dwellings and complimentary accessory uses may be established in the RCN district following approval of a major site plan. Development in the RCN district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REQUIREMENT [1] A 6,000 B Minimum Lot Width (feet) 60 C Minimum Street Frontage (linear feet) 25 D Minimum Lot Depth (feet) 100 E Street Setback (feet) [2] F Minimum Side Setback (feet) 7 G Minimum Rear Setback (feet) 20 [3] H Maximum Height (feet) 45 Maximum Impervious Surface Coverage I (% of lot area) Dimensional Illustration [Placeholder] NOTES [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] See Section <>, Average Setback. [3] Corner lots may reduce the rear setback to seven feet. 3-5

10 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection C. Residential Wide Yard (RWY) 4. Typical Lotting Pattern [Placeholder] 5. Aerial Photo 6. Typical Forms of Development 6. District Specific Standards a. Establishment of a principal use shall require approval of a major site plan in accordance with Section <> >, Site Plan (Major/Minor).. b. Existing trees of six inches in caliper or larger shall be retained during construction, to the maximum extent practicable. c. No grading of the site shall take place except as necessary for foundations and permanent vehicular access. d. No deposition of fill shall take place except as necessary to accommodate an on-site wastewater system in accordance with Carteret County requirements. 3-6 Module 2: Districtss and Uses

11 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection C. Residential Wide Yard (RWY) C. RESIDENTIAL WIDE YARD (RWY) RESIDENTIAL WIDE YARD (RWY) 2. Dimensional Standards REF # STANDARD Minimum Lot Area - Per Single-Family Unit (square feet) 1. Purpose The RWY district is established to accommodate single-family detached dwellings at densities around seven units an acre, along with parks, open space, and customary accessory uses. District regulations discourage any use that interferes with the development of single-family detached dwellings or that is detrimental to the residential nature of the district. Development in the RWY district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REQUIREMENT [1] A 6,000 B Minimum Lot Area All Other Uses (square feet) 12,000 C Minimum Lot Width (feet) 60 D Minimum Lot Frontage (linear feet) 25 E Minimum Lot Depth (feet) 100 F Street Setback (feet) [2] G Minimum Side Setback (feet) 7 H Minimum Rear Setback (feet) 20 [3] I Maximum Height (feet) 45 Maximum Impervious Surface Coverage J (% of lot area) Dimensional Illustration [Placeholder] NOTES [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] See Section <>, Average Setback. [3] Corner lots may reduce the rear setback to seven feet. 3-7

12 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection D. Residential Narrow Yard 4. Typical Lotting Pattern [Placeholder] 5. Aerial Photo 6. Typical Forms of Development 3-8 Module 2: Districtss and Uses

13 D. RESIDENTIAL NARROW YARD RESIDENTIAL NARROW YARD (RNY) 2. Dimensional Standards REF # STANDARD Minimum Lot Area - Per Single-Family Unit (square feet) ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection D. Residential Narrow Yard 1. Purpose The RNY district is established to accommodate singlefamily detached dwellings at densities of almost nine units an acre, along with parks, open space, and customary accessory uses. District regulations discourage any use that interferes with the development of single-family detached dwellings or that is detrimental to the residential nature of the district. Development in the RNY district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REQUIREMENT [1] A 5,000 B Minimum Lot Area All Other Uses (square feet) 10,000 C Minimum Lot Width (feet) 50 D Minimum Street Frontage (linear feet) 25 E Minimum Lot Depth (feet) 100 F Street Setback (feet) [2] G Minimum Side Setback (feet) 5 H Minimum Rear Setback (feet) 20 [3] I Maximum Height (feet) 45 Maximum Impervious Surface Coverage J (% of lot area) Dimensional Illustration [Placeholder] NOTES [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] See Section <>, Average Setback. [3] Corner lots may reduce the rear setback to five feet. 3-9

14 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection D. Residential Narrow Yard 4. Typical Lotting Pattern [Placeholder] 5. Aerial Photo 6. Typical Forms of Development 3-10 Module 2: Districtss and Uses

15 E. RESIDENTIAL MANUFACTURED (RMN) RESIDENTIAL MANUFACTURED (RMN) 2. Dimensional Standards REF # STANDARD Minimum Lot Area - Per Single-Family Unit (square feet) ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection E. Residential Manufactured (RMN) 1. Purpose The RMN district is established to accommodate singlefamily detached dwellings (including individual manufactured homes on their own lots) at densities of almost nine units an acre, along with parks, open space, minor utilities, and customary accessory uses. District regulations discourage any use that interferes with the development of single-family detached dwellings or that is detrimental to the residential nature of the district. Development in the RMN district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REQUIREMENT [1] A 5,000 B Minimum Lot Area All Other Uses (square feet) 10,000 C Minimum Lot Width (feet) 50 D Minimum Lot Frontage (linear feet) 25 E Minimum Lot Depth (feet) 100 F Street Setback (feet) [2] G Minimum Side Setback (feet) 7 H Minimum Rear Setback (feet) 20 [3] I Maximum Height (feet) 45 Maximum Impervious Surface Coverage J (% of lot area) Dimensional Illustration [Placeholder] NOTES [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] See Section <>, Average Setback. [3] Corner lots may reduce the rear setback to seven feet. 3-11

16 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection E. Residential Manufactured (RMN) 4. Typical Lotting Pattern [Placeholder] 5. Aerial Photo 6. Typical Forms of Development 3-12 Module 2: Districtss and Uses

17 F. RESIDENTIAL MIXED (RMX) RESIDENTIAL MIXED (RMX) 2. Dimensional Standards REF # A B STANDARD Minimum Lot Area - Per Single-Family Unit (square feet) Minimum Lot Area - Per Duplex Unit (square feet) Minimum Lot Area All Other Uses (square feet) ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection F. Residential Mixed (RMX) 1. Purpose The RMX district is established to accommodate a mix of single-family detached and duplex dwellings, along with parks, open space, minor utilities, and customary accessory uses. District regulations discourage any use that interferes with the development of single-family detached dwellings or that is detrimental to the residential nature of the district. Development in the RMX district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REQUIREMENT [1] 5,000 3,600 C 10,000 D Minimum Lot Width (feet) 50 E Minimum Lot Frontage (linear feet) 25 [2] F Minimum Lot Depth (feet) 100 G Street Setback (feet) [3] H Minimum Side Setback (feet) 5 I Minimum Rear Setback (feet) 10 J Maximum Height (feet) 45 Maximum Impervious Surface Coverage K (% of lot area) Dimensional Illustration [Placeholder] NOTES [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] In cases where a duplex is on two separate lots, the frontage standard applies to the parcel including the entire development. [3] See Section <>, Average Setback. 3-13

18 ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection G. Residential Multi-Family (RMF) 4. Typical Lotting Pattern [Placeholder] 5. Aerial Photo 6. Typical Forms of Development 3-14 Module 2: Districtss and Uses

19 G. RESIDENTIAL MULTI-FAMILY (RMF) RESIDENTIAL MULTI-FAMILY (RMF) 2. Dimensional Standards REF # STANDARD Minimum Lot Area - Per Single-Family Unit (square feet) Minimum Lot Area - Per Duplex, Triplex, Quadplex, & Townhouse Unit (square feet) ARTICLE ZONING DISTRICTS Section Residential Zoning Districts Subsection G. Residential Multi-Family (RMF) 1. Purpose The RMF district is established to accommodate a wide range of residential uses, including single-family detached, duplex, triplex, quadplex, and townhouse dwellings, along with parks, open space, institutions, minor utilities, minor eating establishments, minor offices, and minor visitor accommodations uses. Development in the RMF district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REQUIREMENT [1] A 5,000 B 3,600 C Minimum Lot Area All Other Uses (square feet) 10,000 D Minimum Lot Width (feet) 50 E Minimum Street Frontage (linear feet) 25 [2] F Minimum Lot Depth (feet) 100 G Minimum Front Setback (feet) 10 H Minimum Side Setback (feet) 5 I Minimum Corner Side Setback (feet) 10 J Minimum Rear Setback (feet) 10 [3] Minimum Spacing Between Buildings in the same K 15 development (feet) L Maximum Height (feet) 45 M Maximum Impervious Surface Coverage (% of lot area) 3. Dimensional Illustration [Placeholder] 40 NOTES [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] In cases where a single multifamily structure is on two or more separate lots, the frontage standard applies to the parcel including the entire development. [3] Corner lots with single-family detached and duplex dwellings may reduce the rear setback to five feet. 3-15

20 ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection A. General Purpose and Intent 4. Typical Lotting Illustration [Placeholder] 5. Aerial Photo 6. Typical Developmen nt Illustrations 3-16 Module 2: Districtss and Uses

21 MIXED USE DISTRICTS ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection A. General Purpose and Intent A. GENERAL PURPOSE AND INTENT The mixed use districts established in this section are intended to provide areas for development that serve permanent residents, seasonal residents, and tourists with a variety of residential building types and non-residential uses that support a compact, pedestrian-oriented, mixed-use environment. More specifically, they are intended to: 1. Foster the establishment of residential, employment, shopping, and recreation uses in close proximity to one another in order to allow residents and visitors to meet some of their daily needs without use of an automobile; 2. Promote functioning neighborhoods with a wide variety of residential housing types to accommodate residents of different income levels; 3. Accommodate use mixing within single-buildings, on lots with multiple buildings, and in adjacent developments; and 4. Support development densities and configurations that encourage an efficient and effective circulation system for vehicles, bicycles, and pedestrians. 3-17

22 B. MIXED USE NEIGHBORHOOD (MUN) MIXED USE NEIGHBORHOOD (MUN) 2. Dimensional Standards ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection B. Mixed Use Neighborhood (MUN) 1. Purpose The MUN district is established to accommodate a blend of mixed uses at a neighborhood scale. The district accommodatess all forms of residential development, numerous institutional uses, and a wide range of commercial uses. Development is configured to facilitate safe and efficient circulation by automobile, bicycle, and on foot. Development inn the MUN district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REF# STANDARD REQUIREMENT [1] A Minimum Lot Area - Per Single-Family Unit (square feet) 5,000 B Minimum Lot Area - Per Multi-Family Unit (square feet) 3,600 C Minimum Lot Area All Other Uses (square feet) 10,000 D Minimum Lot Width (feet) 50 E Minimum Street Frontage (linear feet) 25 [2] F Minimum Lot Depth (feet) 100 G Minimum Front Setback (feet) 20 H Minimum Side Setback (feet) 5 [3] I Minimum Corner Side Setback (feet) 20 J Minimum Rear Setback (feet) 10 [4] K Minimum Spacing Between Buildings in the same Development (feet) 15 L Maximum Height (feet) 45 M Maximum Impervious Surface Coverage (% of lot area) 40 [1] Portions of lots within or abutting AEC or Ocean Hazard areass shall be subject to applicable CAMA setbacks. [2] In cases where a multi-family development is on two or moree separate lots, the frontage standard applies to the parcel including the entire development. [3] Side setbacks shall be increased to 10 feet for multi-family development of three or more units. [4] Rear setbacks shall be increased to 20 feet for multi-family development of three or more units. 3. Typical Lotting Pattern 4. Aerial Photo [Placeholder] 3-18 Module 2: Districtss and Uses

23 ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection C. Mixed Use High Intensity (MHI) 5. Dimensional Illustration [Placeholder] 6. Typical Forms of Development 3-19 Module 2: Districtss and Uses

24 C. MIXED USE HIGH INTENSITY (MHI) MIXED USE HIGH INTENSITY (MHI) 2. Dimensional Standards REF # A B C D E F G H I J K L M ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection C. Mixed Use High Intensity (MHI) STANDARD 1. Purpose The MHI district is established to provide areas, which, due to their location, natural features and access, have an extremely high potential for both permanent and tourist types of residential development. Commercial uses are permitted and shall be oriented to tourist related activities which reflect a family atmosphere. Development in the MHI district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. REQUIREMEN NT [1] Minimum Lot Area - Per Single-Family Unit (square feet) 5,000 Minimum Lot Area - Per Multi-Family Unit (squaree feet) 3,600 Minimum Lot Area All Other Uses (square feet) 10,0000 Minimum Lot Width (feet) 50 Minimum Street Frontage (linear feet) 25 [2] Minimum Lot Depth (feet) 100 Minimum Front Setback (feet) 25 [3] Minimum Side Setback (feet) 10 [4] Minimum Corner Side Setback (feet) 25 Minimum Rear Setback (feet) 20 [3] [5] Minimum Spacing Between Buildings in the same Development (feet) 15 Maximum Height (feet) 55 [4] Maximum Impervious Surface Coverage (% of lott area) 40 [1] Portions of lots within or abutting AEC or Ocean Hazard areass shall be subject to applicable CAMA setbacks. [2] In cases where a multi-family development is on two or moree separate lots, the frontage standard applies to the parcel including the entire development. [3] Single-family and duplex dwellings shall have a ten-foot frontt setback. [4] Single-family and duplex dwellings shall have a five-foot side setback. [5] Corner lots shall have a rear setback of 10 feet; five feet for single-family detached and duplex dwellings. [4] Single-family and duplex dwellings shall have a maximum height of 45 feet. 3. Typical Lotting Pattern 4. Aerial Photo [Placeholder] 3-20 Module 2: Districtss and Uses

25 ARTICLE ZONING DISTRICTS Section Mixed Use Districts Subsection C. Mixed Use High Intensity (MHI) 5. Dimensional Illustration [Placeholder] 5. Typical Developmen nt Illustrations 3-21 Module 2: Districtss and Uses

26 COMMERCIAL DISTRICTS ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection A. General Purpose and Intent A. GENERAL PURPOSE AND INTENT 3233 The commercial zoning districts are established for the general purpose of ensuring there are lands in the Town that provide a wide range of office, retail, service, and related uses to meet household and business needs. More specifically they are intended to: 1. Provide appropriately located lands for the full range of business uses needed by the Town s residents, businesses, and workers, consistent with the Town s adopted policy guidance; 2. Establish the Circle area as the core of the Town s civic, retail, office, institutional, commercial, and entertainment areas; 3. Strengthen the Town s economic base and provide employment opportunities close to home for residents of the Town and surrounding communities; 4. Create suitable environments for various types of business uses, and protect them from the adverse effects of incompatible uses; 5. Accommodate vertical mixed-use buildings with retail, service, office, institutional, and other uses on the ground floor and residential units above the nonresidential space; 6. Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets; 7. Promote the health and well-being of residents by encouraging physical activity, interconnectivity through pedestrian facilities, and greater social interaction; and 8. Minimize the impact of business development on residential districts and uses and sensitive natural environments. 32 NOTE: The CIR district (formerly the CDD district) has been significantly revised. The provisions related to density transfer and density bonuses have been removed pending additional consideration by the Town. Current district standards related to parking, landscaping, screening, access, open space, building design, articulation, and fenestration have been relocated to new Article 5, Development Standards, and may be more broadly applied to development in other districts. 33 NOTE: The COR district (formerly the GB district) has been revised to include portions of the Causeway Overlay District (COD) text since the boundary of the COD is coterminous with the boundary of the GB district. In some cases, the COD standards are carried forward as district-specific standards in the new COR district. Many of the design and development standards are proposed for relocation to Article 5: Development Standards, and made applicable to all forms of commercial development as a means of raising the bar for development quality. 3-22

27 B. COMMERCIAL CIRCLE (CIR) COMMERCIAL CIRCLE (CIR) 2. Dimensional Standards REF # ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) 1. Purpose The CIR district is established to preserve and protect the traditional core of the Town as the primary civic, business, and cultural destination for visitors and residents. Vertically integrated mixed uses are strongly encouraged with retail and other streetactivating uses on the ground floor of buildings with residential and office uses on the upper floors. Building height and use intensity should be highest at the core of the district and gradually decline toward the district edges for greater compatibility with surrounding lands. The district is intended to function as a park once environment where residents and customers use central parking facilities and walk among the uses. Development in the CIR district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. STANDARD REQUIREMENT [1] A Minimum Lot Area Uses Served by Public or Private Sanitary Sewer B Minimum Lot Area Uses Not Served by Public or Private Sanitary Sewer [2] C Maximum Gross Residential Density (units per acre) 50 [3] D Maximum FAR [4] E Minimum Area per Residential Unit (square feet) 600 F Minimum Front Setback for Lots Fronting Major Roadways (feet) [5] 0 G Maximum Front Setback for Lots Fronting Major Roadways (feet) [5] 15 H Minimum Street Setback for all Other Roadways (feet) 10 I Maximum Street Setback for all Other Roadways (feet) 25 J Minimum Side Setback (feet) 0 [6] K Minimum Rear Setback (feet) 0 [7] L Maximum Height (feet) [8] M Maximum Impervious Surface Coverage (% of lot area) 40 [9] [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] As required by Carteret County Health Department for an on-site septic system. [3] Development shall not exceed the maximum allowable FAR, even if additional residential density is available. [4] See Section <>, FAR Requirements in the CIR District. [5] Major roadways include the portions of Fort Macon Road, Atlantic Boulevard, East Drive, and West Drive located within the CIR district boundary. [6] In cases where the lot abuts an unbuilt public right-of-way, an alleyway, a bike path, or a public walkway, the minimum side setback shall be five feet. [7] Nonresidential development on a lot abutting an unbuilt public right-of-way, an alleyway, a bike path, or a public walkway, shall maintain a minimum side setback of five feet. [8] See Section <>, Height Requirements in the CIR District. [9] Lots that include stormwater management devices prepared in accordance with a stormwater management master plan meeting the Town s minimum requirements have no impervious surface coverage limitations. None 3-23

28 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) 3. Dimensional Illustration [Placeholder] 4. Typical Lotting Pattern [Placeholder] 5. Aerial Photo 3-24 Module 2: Districtss and Uses

29 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) 6. Typical Forms of Development 7. District-Specific Standards a. FAR Requirements in the CIR District Development in the CIR District shall bee subject to the following floor area ratio (FAR) standards. i. Generally a). The maximumm allowable amount of floorr area per lot is determined by multiplying the lot s square footage by the floor area multiplier corresponding to the number of building stories in Section <>, Floor Area Multiplier. b). The maximumm amount of floor area is then divided by the number of building stories to determine the approximate amount of floor area per building story. c). To ensure floor area within a multi-story building is equitably distributed, no single story of a buildingg shall have a floor area that exceeds the floor area of the smallest story by more than 125 percent. d). The portions of building area that are orr are not counted as floor area as described in Section <>, Floor Area. ii. Floor Area Multiplier The following standards set out the floor area multiplier for use in determining the maximum allowable floor area for buildings in the CIR district. a). One story: 0.4 b). Two stories: 0.6 c). Three stories: 0.8 d). Four stories: 1.0 e). Five stories: 1.2 f). Six stories: 1.4 g). Seven stories: 1.6 h). Eight stories: 1.8 i). Nine or more stories: 2.0 b. Height Requirements in the CIR District 3-25 Module 2: Districtss and Uses

30 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) The maximumm height for buildings in the CIR district shall be in accordance district boundary and building height graphic and the following: i. Sub-Area Overlay Zone A The maximum building height is 155 feet. ii. Sub-Area Overlay Zone A-1 The maximum building height is 185 feet. iii. Sub-Area Overlay Zone B The maximum building height is 55 feet. iv. Sub-Area Overlay Zone C The maximum building height is 45 feet. with the c. Outdoor Storage in the CIR District Outdoor storage as an accessory or principal use is prohibited in the CIR district. d. CIR District Master Plan At least once every 12 months, a designated redeveloper shall submit a master plan showing the currently proposed plans for parcels in the CIR district. An updated master plan shall be submitted along with any major site plan (see Section <>, Site Plan Major/Minor) for development in the CIR district. The master plan shall include the following: i. The current location of every on-site and off-site the number of spacess included in parking facility required by Section <>, Off-Street Parking, and each 3-26 Module 2: Districtss and Uses

31 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection B. Commercial Circle (CIR) facility. The location of any off-site facilities may change over time as the CIR is developed, provided that the total number of spaces required is continually made available; ii. The currently proposed location of any street plantings required by Section <>, Landscaping; iii. The currently proposed location of any sidewalks, pedestrian street crossing areas or any connections to public spaces required by Section <>, Access and Connectivity; iv. The location of any existing or currently proposed streets and rights-of-way; and v. Currently proposed parcel boundaries. 3-27

32 C. COMMERCIAL NODE (CND) COMMERCIAL NODE (CND) 2. Dimensional Standards REF # A Minimum Lot Area ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection C. Commercial Node (CND) 1. Purpose The CND district is established to accommodate a diverse range of high and medium intensity retail, service, and office uses in a coordinated fashion that provides goods and services to both yearround residents and tourists. Upper story residential is permitted but other forms of single-family or multi-family development is prohibited. Development in the CND district shall take place only in accordance with the standards in this table and other relevant standards of this Ordinance. STANDARD REQUIREMENT [1] B Minimum Lot Width (feet) 100 C Minimum Street Frontage (linear feet) 25 D Minimum Lot Depth (feet) 100 E Minimum Front Setback (feet) 20 F Minimum Side Setback (feet) 10 G Minimum Corner Side Setback (feet) 20 H Minimum Rear Setback (feet) 25 [2] I Minimum Spacing Between Buildings in the Same Development (feet) 15 J Maximum Height (feet) 55 K Maximum Impervious Surface Coverage (% of lot area) 75 [1] Portions of lots within or abutting AEC or Ocean Hazard areas shall be subject to applicable CAMA setbacks. [2] On corner lots, the minimum rear setback shall be 10 feet. 3. Dimensional Illustration [Placeholder] None 3-28

33 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection C. Commercial Node (CND) 4. Typical Lotting Patterns [Placeholder] 5. Aerial Photo 5. Typical Forms of Development 3-29 Module 2: Districtss and Uses

34 D. COMMERCIAL CORRIDOR (COR) COMMERCIAL CORRIDOR (COR) 2. Dimensional Standards REF # ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection D. Commercial Corridor (COR) 1. Purpose The COR district is established to accommodate a diverse range of commercial uses serving both residents and tourists. Land zoned COR is generally located at street intersectionss and along major roadway corridors, ncluding the main causeway from the mainland. Development in the COR district shall take place only in accordance with the standards inn this table and other relevant standards of this Ordinance. STANDARD A Minimum Lot Area - Per Single-Family Unit (square feet) 6,000 B Minimum Lot Area - Per Multi-Family Unit (square feet) 3,600 C Minimum Lot Area All Other Uses (square feet) None D Minimum Lot Width (feet) 60 E Minimum Street Frontage (linear feet) 25 [2] F Minimum Lot Depth (feet) 100 G Minimum Front Setback (feet) 10 H Minimum Side Setback (feet) 0 [3] I Minimum Corner Side Setback ( feet) 10 J Minimum Rear Setback (feet) 0 K Minimum Spacing Between Buildings in the same Development (feet) 0 [4] L Maximum Height ( feet) 45 [5] M Maximum Impervious Surface Coverage (% of lot area) 75 [1] Portions of lots within or abutting AEC or Ocean Hazard areass shall be subject to applicable CAMA setbacks. [2] In cases where a multi-family development is on two or moree separate lots, the frontage standard applies to the entiree parcel including the development. [3] Side setbacks shall not exceed 10 feet. [4] Maximumm spacing between principal buildings within the same development shall be 10 feet. [5] Multi-family and nonresidential development shall not exceedd 55 feet in height, except in accordance with the vertical mixed use incentives in Section <>, District-Specific Standards. 3. Typical Lotting Pattern 4. Aerial Photo [Placeholder] R REQUIREMENT T [1] 3-30 Module 2: Districtss and Uses

35 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection D. Commercial Corridor (COR) 5. Dimensional Illustration [Placeholder] 6. Typical Forms of Development 7. District-Specific Standards 3-31 Module 2: Districtss and Uses

36 ARTICLE ZONING DISTRICTS Section Commercial Districts Subsection D. Commercial Corridor (COR) a. Indoor Operation With the exception of marinas and outdoor seating, all activities taking place within the COR district shall be conducted completely within an enclosed building. b. Built to the Sidewalk Development in the COR is strongly encouraged to be located at the edge of the sidewalk or the street, with off-street parking to the side or rear of the building. c. Entrances i. Buildings shall maintain a primary entrance door facing a sidewalk. Entrances at building corners may be used to satisfy this requirement. ii. Entrances may serve a single establishment or be shared among multiple establishments. d. Fences and Walls i. Except when serving single-family detached, townhouse, and duplex dwellings, fences and walls shall not be located in the area between a building facade and a lot line shared with a street, walkway, or open space. ii. Fences and walls serving single-family detached, townhouse, and duplex dwellings may extend past the building façade, provided the fence or wall shall not exceed four feet in height. e. Sidewalks Sidewalks are be required for all new construction and redevelopment projects, and shall be: i. A minimum of six feet in width or matching existing sidewalk widths on adjacent lots (if existing sidewalk is present and wider than six feet); ii. Constructed of concrete or pavers, or a different material or configuration, if required by DOT; iii. Located between the building frontage and any required landscaping materials along the street; and iv. Supplemented with an improved pedestrian way from the sidewalk to the entry of all buildings. f. Vertical Mixed-Use Development Incentives i. Minimum Requirements Development seeking to take advantage of the vertical mixed use development incentives shall comply with the following requirements: a). The lot shall be at least 20,000 square feet and have a lot frontage of at least 40 linear feet; and b). All upper story residential units shall be at least 600 square feet in area. ii. Incentives a). Qualifying development may exceed the maximum height by two feet and the maximum density by one unit per acre for each 200 square feet of park, open space, or public plaza provided. b). Qualifying development may exceed the maximum height by two feet and the maximum residential density by 0.5 units per acre for each 100 square feet of public art gallery, public art, or performing arts space provided. c). Qualifying development may exceed the maximum height by two feet and the maximum residential density by 0.5 units per acre for each 400 square feet of ground floor retail provided. 3-32

37 ARTICLE USE STANDARDS Principal Use Table Use Classifications, Categories, and Types Residential Use Classification Institutional Use Classification Commercial Use Classification Industrial Use Classification Use-Specific Standards Accessory Uses and Structures Temporary Uses and Structures KEY CHANGES IN UPDATED UDO Reorganization and simplification of the use types to reduce heft and be more intuitive and user-friendly. Consolidation of all the use-related standards into a new single article. Adjustment of some use types permitted by-right to comply with N.C.G.S. and Federal law. Separation of principal, accessory, and temporary uses into separate sub-sections, and removal of temporary and accessory uses from the principal use table. Reformatting of the principal use table to include color-coded sections, headers that repeat on each page, and organization of uses by classification and alphabetically. Addition of a three-tiered use classification scheme, accompanied byy detailed definitions tables, which along with the updated Interpretation procedure, will permit the simplified classification of future undefined uses as they emerge without necessitating a text amendment to thee UDO. Addition of several new uses and use-specific standards. Removal of the ability to accommodate new manufactured home parks, recreational vehicle parks, and tent campgrounds. Increased additional clarity about how accessory uses are established, along with standards for accessory uses. Addition of new standards for specific temporary uses.

38 ARTICLE USE STANDARDS PRINCIPAL USE TABLE A. USE TABLE STRUCTURE 1. Table <> >, Principal Use Table, lists principal use types and indicates for each zoning district whether the principal use type is permitted by-right, as a conditional use, or prohibited. It also includes a reference to any applicable specific standards that may apply to a particular use type. 2. Use types are organized by one four different use classifications (residential, institutional, commercial, or industrial), and all the rows within a particular use classification have the same color. 3. Within each use classification, use types are further organized by use category. Seee Section <>, Use Classifications s, Categories, and Types, for more details on the use category organizing system. B. USESS PERMITTED BY-RIGHT A P in a cell of the principal use table indicates that the specific use type is permitted by-right in the corresponding zoning district, subject to compliance with any additional standards referenced in the principal use table. C. USESS REQUIRING CONDITIONAL USE REVIEW A C in a cell of the principal use table indicates that the specific use type is permitted in the corresponding zoning district only upon approval of a conditional use permit in accordance with Section <>, Conditional Use Permit, and any additional standards referenced in the principal use table. D. PROHIBITED USES A in the principal use table indicates that the specific use type is prohibited in the corresponding zoning district. 2. The following principal uses are prohibited throughout the Town s zoning jurisdiction in all zoning districts: a. Explosives manufacturing; b. Leather and leather products manufacturing involving tanning; and c. Slaughter or rendering of animals, excluding seafood products. E. ADDITIONAL STANDARDS When a specific use type is permitted in a zoning district, there may be additional standards that are applicable. Such additional standards are referenced in the principal use table column titled Additional Standards. Thesee standards shall apply to a specific use type regardless of the zoning district, unless otherwisee specified. 2. In addition, use types are also subject to any district standards listed in the applicable zoning district in Article 18-3: Zoning Districts. F. UNLISTED USESS For land uses not listed Table in <>, Principal Use Table, not listed as a part of a use category or use type, and not listed as a prohibited use in Section <>, Prohibited Uses, the UDO Administrator shall 34 The code assessment indicated that we would add a list of prohibited uses. This list of is takenn from another community. Need to discuss other prohibited uses specific to that should be added. 35 The current use table lists an S after the P or C if additional use-specific standards are applied. This draft removes this convention in favor of citing the section where the additional use-specific standard is located. Uses with no number in the corresponding additional standards cell do not have use-specific standards. In cases where use-specific standards are applied only within particular districts, that is noted, but generally speaking, use-specific standards should be applied whereverr a use is allowed. 4-1 Module 2: Districtss and Uses

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