LAND DEVELOPMENT ORDINANCE TEXT AMENDMENTS
11-LDO-05 (Round 18)
Town Council Meeting
February 23, 2012
ITEM A – Downtown Core
ITEM B – Group Homes
ITEM C – Signs
ITEM E – Location of Accessory Structures
ITEM F – Use Specific Standards and Definitions – Government Offices and Shopping Centers
ITEM G – Minor Changes, Corrections and Clarification
SUMMARY OF PROCESS AND ACTIONS TO DATE
Public Hearing Comments
The Town Council public hearing was held on November 17, 2011. There were no citizen or Town Council
comments on the proposed LDO amendments.
Planning and Zoning Board Work Session
The Planning and Zoning Board held a work session on December 19, 2011, to discuss the proposed
amendments. There were general questions and comments concerning consistency in requirements for
public and private facilities in the downtown area.
Item D (Minor Alterations) was not discussed at the December 19th work session. It was removed for further
refinement to address additional staff concerns, and will be discussed at the Planning and Zoning Board’s
work session on January 30, 2012.
There were also some changes made to Item F (Governmental Offices and Shopping Centers) prior to the
work session for the purpose of clarifying that the proposed changes apply only to the extent allowed by state
and federal law, and to more clearly reference the requirements applicable to various use types in the
Government Services use category.
Changes Since the Planning and Zoning Board Work Session
Item A – Downtown Core
The following sections of the proposed amendment have been removed for further evaluation and may be
brought forward at a later date: marquee signs; projecting signs as specifically related to small theatres; and
the sections related to required improvements.
Item B – Group Homes
The proposed amendment was modified to require a 4/5 vote (instead of majority vote) by the Board of
Adjustment for approval a request for reasonable accommodation, as required by the NC General Statutes.
Other revisions were made to simplify and clarify definitions and other text.
Item C – Signs
After considering the Board’s feedback at the work session, Staff now recommends Option 2 instead of
Option 3 for entry monument signage. Option 2 would allow signage on up to four sides of an entry
monument instead of only three.
Item F – Use Specific Standards and Definitions – Government Offices and Shopping Centers
The proposed amendment has been further refined to provide greater clarity regarding applicability.
Item G – Minor Changes, Corrections and Clarification
Item G-5 (Parkland Dedication) has been removed from consideration and will be included in a more
comprehensive amendment that will be presented at a future date. The other items have not changed.
Page 1 of 23
Planning and Zoning Board Meeting
The Planning and Zoning Board considered the proposed amendments at its meeting on January 30, 2012.
There were general questions and clarification related to several items, including encroachment into a public
right-of-way (component of Item A), window signs, group homes, buffer requirements adjacent to the
American Tobacco Trail, and entry monument signage. There was additional discussion concerning the
replacement of non-conforming illuminated cabinet signs. The Board recommended approval of the proposed
amendments as recommended by staff, including the following options, by a vote of 6-2:
Item A Downtown Core – Approval of Option 2 related to non-conforming cabinet signs (would allow
replacement of sign panels or blades in existing legal non-conforming cabinet signs, provided that the
background of the sign panel is opaque and colors comply with LDO Chapter 9A); and
Item C Signs – Approval of Option 2 related to entry monument signs (would allow signage on up to four
sides of an entry monument instead of only three.)
(The two Board members casting dissenting votes favored Option 1 for Item A, which would not require an
opaque background for replacement of sign panels on non-conforming cabinet signs).
ITEM A
DOWNTOWN CORE
BACKGROUND
The Town Center Area Plan (TCAP) was adopted in 2001. The associated Town Center zoning was enacted
in 2003 with the intent of encouraging new development and redevelopment in the historical core of Cary
extending outward from the intersection of Academy Street and Chatham Street. In an effort to encourage
and promote a more vibrant downtown, sixteen (16) zoning sub-districts were created within the Town Center
(TC) zoning district to implement the TCAP. It was believed that the ability to develop without the additional
step of rezoning would result in more interest in developing within this area.
However, the development and redevelopment that has occurred since the adoption of the TCAP has been
less vigorous than hoped, due in part to recent economic conditions and other influences beyond the control
of the Town.
The proposed amendments have been developed to further stimulate growth and development and protect
the Town’s substantial investment in redevelopment, while maintaining the ongoing commitment to aesthetic
quality. Some of the current standards that do not support the more urban development patterns envisioned
for the downtown area are proposed for change. These changes would apply primarily to property located
within the High Intensity Mixed Use (HMXD) subarea of the Town Center zoning district. This area and the
changes have been identified while working with the Downtown Development Manager on other downtown
initiatives. The proposed amendments are summarized below, and include the following:
•
•
•
•
Reduction or elimination of parking requirements;
Ability for certain building and sign features to project into the street right-of-way;
Application of less restrictive standards to cabinet signs; and
Clarification of definitions related to theatres.
Two additional topics, related to signage for small theatres and requirements for streetscape improvements,
were also presented at the public hearing. However those items have been removed from consideration to
allow time for further evaluation, and will be reintroduced al a later date with a new public hearing.
In addition, the component of the proposed amendment related to non-conforming illuminated cabinet signs,
did not receive a unanimous recommendation by the Planning and Zoning Board. Therefore that component
of the amendment is being presented in a separate item on this agenda.
Page 2 of 23
SUMMARY OF PROPOSED AMENDMENTS
1. PARKING (Applicable in HMXD Sub-district of Town Center)
• Eliminate requirements for one off-street parking space per 300 sf for non-residential use in HMXD
sub-district
• Reduce parking requirements in HMXD sub-district from 1 space per dwelling plus 0.5 space per
each bedroom above 1, to 1 space per dwelling.
2. PROJECTIONS INTO RIGHT-OF-WAY (Applicable in All Town Center Sub-districts)
• Add footnote to Table 6.1-2 to allow architectural features such as marquees and cantilevered
portions of buildings, and other features such as canopies, awnings, and projecting or suspended
signs to encroach into a public street right-of-way in the Town Center in sub-districts where no
building setback from the right-of-way is required.
• Clarify in Chapter 9A, Permanent Signs, that projecting signs and suspended signs may project into
right-of-way.
3. TREATMENT OF NON-CONFORMING CABINET SIGNS (Applicable Town-wide)
SIGN FEATURE OR TYPE
EXISTING REQUIREMENTS
no change in copy on an
existing sign unless the sign
is brought into compliance
with all applicable sign
1
regulations of the LDO .
Non-Conforming Cabinet
Signs
It is recommended that
proposed requirements apply
to all non-conforming cabinet
signs Town-wide, not just
those in HMXD.
PROPOSED REQUIREMENTS
Option 1:
may replace sign panels or blades
in existing legal non-conforming
cabinet signs provided that:
1) colors comply with LDO
Chapter 9A
2
Option 2:
may replace sign panels or blades
in existing legal non-conforming
cabinet signs provided that:
1) if illuminated, the background of
the sign panel is opaque; and
2) colors comply with LDO
Chapter 9A
1
For a sign to be in compliance it must meet all current
dimensional requirements, such as height and area, as well as
standards for color. In addition, the sign structure itself must be
constructed from materials that match or mimic the principal
structure
2
Some sign panels in illuminated cabinet signs are constructed
entirely of a plexiglass or similar material such that the entire
sign panel is visible when illuminated at night, with the sign
message being opaque or of a contrasting color. Under this
option, if the sign message is changed, the illumination would be
reversed, such that the sign’s background area is opaque, and
only the sign message is illuminated. .
Staff Recommendation:
Staff recommends Option 2. This option will result in less glare and visual clutter, while making the sign
more consistent with current aesthetic requirements. The replacement of the entire non-conforming sign
structure would not be required
Page 3 of 23
4. OTHER
• Eliminate reference to theatres and theatrical productions in the definition of “Amusement
Establishments” to avoid confusion with the definition of “Theatre”
• Correct various references to sign regulations by replacing “Chapter 9” with “Chapters 9, 9A, or 9B,
whichever is applicable”.
PROPOSED TEXT
6.1.3
Town Center District
(A) Table of Density and Dimensional Standards
The density and dimensional requirements for the Town Center district are set forth in the
following table. Additional regulations, referenced in italicized brackets, are set forth
immediately following the table.
(Portion of) TABLE 6.1-2: TABLE OF DENSITY AND DIMENSIONAL STANDARDS
TOWN CENTER DISTRICT
Subdistrict
Minimum Building Setbacks (ft)
…..
Minimum Parking
Requirements
…….
Front
Side
Existing Residential
Uses Constructed or
Approved Prior to
7/1/03 (all
subdistricts)
10
(18 feet where
parking provided in
front)
0/3 minimum, 16
combined [1]
10
N/A
HMXD
0
[2]
N/A
N/A
1 per dwelling unit + 0.5 per
additional bedroom over 1 + 1
per 300 sq.ft. non-residential
(B)
7.8
Rear
Additional Regulations
(1)
Firewall Requirements for Individual Dwelling Units
A building setback of less than three (3) feet may be permitted where firewalls are
provided in accordance with all applicable building code standards and where it is
permitted by the zoning district.
(2)
Overhang of Features in Public Right-of-Way
Architectural features such as marquees and cantilevered portions of buildings, and other
features such as canopies, awnings, and projecting or suspended signs, may encroach
into the public right-of-way subject to approval of an encroachment agreement by the
Town of Cary or NCDOT, whichever is responsible for maintenance of improvements
within the right-of-way.
OFF-STREET PARKING AND LOADING
7.8.1
Purpose
In order to relieve traffic congestion in the streets, to minimize any detrimental effects of offstreet parking areas on adjacent properties, and to ensure the proper and uniform
development of parking areas throughout the Town, and to support opportunities for
development and redevelopment of businesses in the portions the town center with the most
intensive development potential, off-street parking and loading spaces for each land use shall
be provided in accordance with the standards established in this section.
7.8.2
Off-Street Parking Space Requirements
(A)
Applicability
(1) Except as provided in Section 7.8.2(A)(2) below, Eeach use or establishment
within the Town shall initially and continually provide sufficient off-street parking
spaces, in compliance with the requirements of this section, for all residents,
employees, customers, visitors, and others who may spend time at the use or
establishment.
Page 4 of 23
(2)
9A.3
Off-street parking shall not be required for existing and new non-residential uses
within the HMXD sub-district of the Town Center zoning district. However, where
off-street parking spaces are provided, they shall be considered “Required
Parking Spaces” for the purpose of determining the proportionate number of
required handicapped parking spaces per Section 7.8.2(F).
STANDARDS APPLICABLE TO SPECIFIC SIGN TYPES
Permanent signs shall be permitted in accordance with Table 9A.3-1, subject to the applicable
standards of this Section 9A.3.1 and 9A.3.2 9A.3 and the provisions of any Master Sign Plan
applicable to the site.
(I)
Projecting Sign
Projecting signs shall be allowed under canopies or along pedestrian arcades, provided that:
(4) Projecting signs may project over a public right-of-way provided that Nno element of the
sign shall hangs lower than seven (7) feet above the ground or pedestrian walkway
(J)
10.5
Suspended Sign
Suspended signs shall be allowed under canopies or along pedestrian arcades, provided that:
(5) Suspended signs may project over a public right-of-way provided that no element Nno
element of the sign shall hangs lower than seven (7) feet above the ground or pedestrian
walkway.
NONCONFORMING SIGNS
It is the policy of the Town to encourage and, to the maximum extent practicable, require that all signs
within the Town be brought into compliance with the requirements of this Ordinance.
10.5.1 Nonconforming Signs Protected
A sign that was lawfully erected prior to January 13, 2000 but which does not conform to one
or more aspects of the requirements of this chapter, may remain in use subject to the
requirements of this section and other applicable requirements of LDO Chapters, with the
exception of nonconforming pole signs or billboards. Further, any nonconforming sign or any
new sign that is part of a Master Sign Plan (formerly known as a Uniform Sign Plan) within a
Planned Development may be installed, replaced, maintained and repaired provided that the
Master Sign Plan was approved prior to January 13, 2000, and the sign is installed in
accordance with the Master Sign Plan or in accordance with Chapter 9, 9A, or 9B, whichever
is applicable.
10.5.3 Limitations on Nonconforming Signs
(C)
Change of Copy
No change of copy shall be permitted (except on a changeable copy sign) without
bringing the sign into full conformance with Chapter 9, 9A, or 9B, whichever is
applicable, and with the applicable Master Sign Plan or Uniform Sign Plan, except as
provided below:
(1) Sign panels or sign blades in existing non-conforming cabinet signs may be
replaced, and copy may be changed on non-conforming changeable copy signs,
provided that:
(a) the sign was constructed or installed in conformance with standards
applicable at the time of construction or installation;
(b) for illuminated cabinet signs, the background of the sign panel is opaque;
and
(b) colors used in the sign area comply with the applicable Section of Chapter
9A of this Ordinance.
Page 5 of 23
12.3.4 USE CLASSIFICATIONS - Commercial Uses
(J)
ITEM B
Recreation/Entertainment, Indoor
Uses that provide continuous recreation or entertainment activities, either indoor or outdoor.
Accessory uses may include concessions, snack bars, parking, and maintenance facilities.
Specific use types include, but are not limited to:
(1)
Amusement Establishment
An establishment offering sports, theatrical productions, game playing, or similar
amusements to the public within a fully enclosed building. This shall include theaters,
bowling alleys, billiard parlors, and skating rinks. This shall not include neighborhood
recreation centers or such amusements that are accessory to churches, schools, or
colleges.
(5)
Theater
An indoor or outdoor structure or establishment used for showing motion pictures or for
dramatic, operatic, dance, musical, or other live performances. May include food and
beverage sales and similar concessions. Theaters may be small (up to 200 seats) or
large (201 seats or more).
GROUP HOMES
BACKGROUND
Certain types of group homes are protected by the Federal Fair Housing Act, which requires, in part, that local
governments make "reasonable accommodation" to afford persons with handicaps "equal opportunity to use
and enjoy" housing in their community. 42 U.S.C. 3604(f)(3)(B). Based on this Act and recent development
in the case law, staff suggests revisions to current group home regulations to be more consistent with current
State and Federal requirements.
The proposed changes would split the LDO’s current “Group Home” category into two different categories –
“Group Homes” and “Family Care Homes”, and delineate use-specific standards for each type of home. The
proposed changes would also provide a mechanism for housing options protected under the Federal Fair
Housing Act to seek a special exception (a.k.a. “reasonable accommodation”) from the Board of Adjustment
where needed and justified.
PROPOSED TEXT
3.25
SPECIAL EXCEPTION
3.25.1 Authority and Purpose
The Zoning Board of Adjustment is authorized to grant special exceptions for the
circumstances set forth in this section to allow for a reasonable accommodation under the
Federal Fair Housing Act.
3.25.2 Application Requirements; Determination of Completeness
(A)
Persons Authorized to File Applications
An application for a special exception may be filed only by the owner of the land
affected by the special exception; an agent, lessee, or contract purchaser specifically
authorized by the owner to file such application; or any unit of government that is not
the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation.
(B)
Pre-Application Conference
Before filing a variance application, the applicant may request a pre-application
conference with the Planning Department. See Section 3.1.5.
Page 6 of 23
(C)
Application Filing
An application for a special exception shall be filed with the Planning Department. No
filing fee is required for such application. Once the application is complete, the
Planning Department shall schedule the application for consideration at a public
hearing before the Zoning Board of Adjustment, and shall transmit to the Zoning Board
of Adjustment all applications and other records pertaining to such special exception
prior to the hearing on the application.
3.25.3 Action by the Zoning Board of Adjustment
(A)
Upon receiving the application materials from the Planning Department, the Zoning
Board of Adjustment shall hold a quasi-judicial public hearing on the proposed special
exception. Notice of the public hearing shall be provided and the quasi-judicial public
hearing shall be conducted in accordance with Sections 3.1.6 and 3.1.7.
(B)
In considering the application, the Zoning Board of Adjustment shall review the
application materials, the approval criteria of Section 3.25.4, and all testimony and
evidence received at the public hearing.
(C)
After conducting the public hearing, the Zoning Board of Adjustment may: deny the
application; conduct an additional public hearing on the application; or grant the
requested special exception. Any approval or denial of the request shall be by
resolution, accompanied by written findings of fact that the special exception meets or
does not meet both of the criteria set forth in Section 3.25.4, stating the reasons for
such findings. The Zoning Board of Adjustment shall not grant any special exception
unless there is a concurring vote of at least four-fifths (4/5) of the members.
3.25.4 Approval Criteria
The Board of Adjustment shall grant a special exception to any provision of this ordinance as
a reasonable accommodation under the Federal Fair Housing Act if the Board finds by a
greater weight of the evidence that the proposed special exception is determined to be both
reasonable and necessary, in accordance with the following:
(A)
“Reasonable”. An accommodation will be determined to be reasonable if it would not
undermine the legitimate purposes and effects of existing zoning regulations, and if it
will not impose significant financial and administrative burdens upon the Town and/or
constitute a substantial or fundamental alteration of the Town’s ordinance provisions;
and
(B)
“Necessary”. An accommodation will be determined to be necessary if it would
provide direct or meaningful therapeutic amelioration of the affects of the particular
disability or handicap, and would afford handicapped or disabled persons equal
opportunity to enjoy and use housing in residential districts in the Town.
3.25.5 Effect of Approval or Denial
(A)
After the Zoning Board of Adjustment approves a special exception, the applicant shall
follow the procedures set forth in this Chapter 3 for the approval of any permits,
certificates, and other approvals required in order to proceed with development or use
of the property. All orders, decisions, determinations, and interpretations made by
administrative officers under those procedures shall be consistent with the special
exception granted by the Zoning Board of Adjustment.
(B)
The Zoning Board of Adjustment shall refuse to hear a special exception request that
has been previously denied, unless it finds that there have been substantial changes in
the conditions or circumstances relating to the matter.
Page 7 of 23
3.25.6 Lapse
In situations where a special exception was a prerequisite to site plan and/or subdivision
approval, failure of an applicant to apply for a building permit and commence construction or
action with regard to the special exception approval within one year of receiving approval of
the special exception shall automatically render the decision of the Zoning Board of
Adjustment null and void.
3.25.7 Appeal
Any appeal from the decision of the Zoning Board of Adjustment shall be to the Superior
Court for Wake County (or Chatham County if the subject property is located within that
jurisdiction) by petition for a writ of certiorari. Any such petition to the Superior Court shall be
filed with the court clerk no later than thirty (30) days after the date the decision of the Zoning
Board of Adjustment is filed in the Planning Department, or after the date a written copy of
the decision is delivered to every aggrieved party who has filed a written request for such
copy with the Zoning Board of Adjustment at the public hearing, whichever is later. The copy
of the decision shall be delivered to the aggrieved party either by personal delivery or by
registered or certified mail, return receipt requested.
3.26
Zoning Compliance Permit
3.26.1 Applicability
It shall be unlawful to operate a group home or family care home until the Planning Director
has issued for such action a zoning compliance permit, certifying that such activity complies
with Section 5.2.1(B) or 5.2.1(D) of this Ordinance, whichever is applicable.
3.26.2 Procedures
(A)
Submittal
Applications for a zoning compliance permit shall be submitted to the Planning Director
The Planning Director shall prescribe the form(s) on which such applications are made,
and shall prescribe any material that may reasonably be required to determine
compliance with this Ordinance. No application shall be accepted by the Planning
Director unless it complies with such submittal requirements. Applications that are not
complete shall be returned to the applicant with notation of deficiencies.
(B)
Planning Director Decision
The Planning Director shall take final action on the application. Final action on an
application shall be based solely on compliance with Sections 5.2.1(B) or 5.2.1(D) of
this Ordinance, whichever is applicable.
Final action shall be taken within five (5) working days of acceptance of the application,
or within such further time as consented to in writing by the applicant.
(C)
Actions Subsequent to Decision
In the case of approval, the Planning Director shall issue the zoning compliance permit.
In the case of denial of an application, the Planning Director shall notify the applicant of
the reasons for such denial and the applicant may appeal the decision of the Planning
Director pursuant to Section 3.21 of this Ordinance or request approval of a special
exception by the Zoning Board of Adjustment pursuant to Section 3.23 of this
Ordinance.
Page 8 of 23
TABLE 2.1-1: SUMMARY OF ORDINANCE ADMINISTRATION AND REVIEW ROLES
NOTE: This table summarizes the general review and decision-making responsibilities for the procedures contained in Chapter 3.
Exceptions to these general rules may apply; see Chapter 3 for complete details on each procedure.
Review = Responsible for Review and/or Recommendation Hearing = Public Hearing Required
Decision = Responsible for Final Decision to Approve or Deny Appeal = Authority to Hear and Decide Appeals
Town Center
PRCR
Town
Planning and
Zoning Board of
Staff
Procedure
Section
Review
Advisory
Council
Zoning Board
Adjustment
Departments
Commission
Board
Review (Town
Variance
3.20
Hearing/ Decision
Review
Center only)
Appeals from and
review of any order,
requirement,
Hearing/
decision, or
3.21
Decision
Hearing/ Decision
Review
determination made
(some)
by an administrative
official including fines
and penalties
Special Exception
3.25
Hearing/ Decision
Review
Zoning Compliance
Permit
3.26
Appeal
Review/Decision
Notes
[11] [14]
[12] [14]
[14]
[14]
NOTES to Table 2.1-1:
[11]
Any request for a Vvariance requests from the Downtown Signage provisions (Section 9.6) a provision of this Ordinance related to signage within the
Town Center zoning district must be reviewed by the Town Center Review Commission prior to review and decision by the Board of Adjustment.
[12]
The Town Council hears appeals related to development within the Flood Hazard Area and Grading Permits.
[14[
Superior Court hears appeals of Zoning Board of Adjustment decisions.
Page 9 of 23
TABLE 5.1-1: TABLE OF PERMITTED USES - GENERAL USE DISTRICTS (EXCEPT TC & CT)
R8
TR
RMF
NC
CC
RC
PZ
PZ
PZ
PZ
PZ
PZ
PZ
PZ
PZ
5.2.1(D)
Group Living
Group home [5]
PZ
PZ
PZ
PZ
PZ
PZ
PZ
PZ
PZ
PZ
5.2.1(D)
5.2.1(B)
I
R12
PZ
GC
R20
Family care home [5]
OI
R40
Group Living
Use Category
RR
Use Type and [Use Class]
R80
ORD
Use Class is listed for determining the type of required perimeter buffers, and is repeated in Section 7.2
MIXED USE
OVERLAY
RESIDENTIAL
NON-RESIDENTIAL
DISTRICT
Use-Specific
Stds
P = Permitted Use; S = Special Use (see Section 3.8); A = Accessory Use PZ = Permitted Use Requiring Zoning Compliance Permit
RESIDENTIAL USES
Group Living
Group home
PZ
PZ
PZ
PZ
PZ
5.2.1(D)
5.2.1(B)
Use Specific
Stds
5.2.1(D)
OFC/IND
PZ
INS
PZ
OFC/INS
PZ
CLI
HDR Garden
PZ
COM
MXDR
PZ
CB&R
HDR Mid-Rise
Family Care Home
LDR
MXD
Group Living
Use Category
MDR
HMXD
TABLE 5.1-2: TABLE OF TOWN CENTER (TC) DISTRICT USES
P = Permitted Use; S = Special Use (see Section 3.8); A = Accessory Use
RESIDENTIAL USES
Page 10 of 23
5.2.1
USE-SPECIFIC STANDARDS: Residential Uses
(B)
[Reserved] Group Home
(1) Group homes shall be limited to a maximum of ten (10) residents.
(2) Group homes with four (4) or more residents shall be spaced at least one-quarter mile
(1,320 feet) from any other group or family care home with four (4) or more residents.
(3) Parking shall be as required for group homes by Table 7.8-1 of this Ordinance.
(4) Where four (4) or more parking spaces are required, such area shall be screened from
view from adjacent properties in accordance with the applicable requirements of this
Ordinance.
(5) Group homes must comply with any applicable federal, state and local licensing
requirements and health regulations.
(6) The property owner may request a special exception to the requirements of Section
5.2.1(B)(1) through (4), or any other standards of this ordinance as needed to ensure
reasonable accommodation in compliance with the Federal Fair Housing Act.
(D)
Group Home Family Care Home
(1) Group homesFamily care homes shall be limited to a maximum of six (6) residents.
(2) Group Family care homes with four (4) to six (6) or more residents are required to shall
be spaced one-quarter mile (1,320 feet) from any other family care or group home with
over three (3) four (4) or more residents.
(3) Family Care homes must comply with all applicable federal, state and local licensing
requirements and health regulations
(4) The property owner may request a special exception to the requirements of Section
5.2.1(D)(1) and (2), or any other standards of this ordinance as needed to ensure
reasonable accommodation in compliance with the Federal Fair Housing Act.
7.8 OFF-STREET PARKING AND LOADING
TABLE 7.8-1: OFF-STREET PARKING SCHEDULE "A"
("du" = dwelling unit; "sf" = square feet)
Land Use
Number of Motor Vehicle Spaces
Number of
Bike Spaces
RESIDENTIAL USES
Group Living
Family Care
Home
0.25 per resident + 1 per each staff person
1 rack per
building
Group Living
Group home
0.25 per resident + 1 per each staff person
0.50 per resident
1 rack per
building
Page 11 of 23
12.3.2
USE CLASSIFICATIONS: Residential Uses
(A)
Group Living
This category is characterized by residential occupancy of a structure by a group of people
who do not meet the definition of "Household Living." Tenancy is arranged on a monthly or
longer basis, and the size of the group may be larger than a family. Generally, Group Living
structures have a common eating area for residents. The residents may receive care,
training, or treatment, and caregivers may or may not also reside at the site. Accessory uses
commonly include recreational facilities and vehicle parking for occupants and staff. Specific
use types include:
(2)
Group Home
A dwelling unit in which unrelated persons with handicaps, as such term is defined in
the Federal Fair Housing Amendments Act, 42 U.S.C. § 3602, or persons with
disabilities, as such term is defined in and G.S. Chapter 168, Article 3, live together as
a single housekeeping unit without the assistance of support and supervisory
personnel. Supervisory and support personnel who assist in rehabilitation and
personal care for the residents with disabilities may, but are not required to, reside in
the dwelling. All group homes must comply with all applicable federal, state and local
licensing requirements and health regulations. A group home may house up to six (6)
residents. The term "group home" does not include a facility that provides the full range
of medical services found in health care institutions or dependent living facilities, and
the term "handicapped" does not include mentally ill persons who are dangerous to
others as defined in G.S. 122C-3(11)b. A group home may not serve the purpose of, or
as an alternative to, incarceration.
(6)
Family Care Home
A dwelling unit in which room and board, personal care and habilitation services, with
the assistance of support and supervisory personnel, are provided for not more than six
persons with disabilities, as such term is defined in the Federal Fair Housing Act, 42
U.S.C. § 3602 , or persons with handicaps, as such term is defined in G.S. Chapter
168, Article 3.
Page 12 of 23
ITEM C SIGNS
C-1
ENTRY MONUMENTS
BACKGROUND
In response to a Town Council request, staff has evaluated the requirements for entry monument signs and
possible alternatives for accommodating additional sign faces and sign area.
Existing Regulations
According to LDO Section 9A.2.1(B) (Area Computation of Multi-faced Signs), a double-sided ground sign
may contain 32 sf of sign area per side. A “v”-shaped sign is considered a double-sided sign if the interior
angle is 60 degrees or less. This low angle prevents a complete viewing of both sides of the sign from a
single vantage point. As a result, the perceived visual impact of the sign is limited to 32 square feet of area,
even though the total sign area may actually be twice that amount, or 64 square feet.
LDO Chapter 9A (Permanent Signs), approved in April, 2011, clarified provisions related to entry
monuments (which require site plan approval and are designed to stand alone as an architectural feature)
by adding such monuments as a sign type (“Entry Monument Alternative to Ground Sign”) when the
monument contains sign copy. The entry monument alternative provides an option for greater height (up to
12 feet) and allows the structure to have three sides provided that standards related to building materials,
location, landscaping, and sign area are met. (Note: Section 9A.3.1(H)(4) currently limits the sign area
allowed on an entry monument to 32 square feet. Staff inadvertently recommended this 32 square-foot total
limit at the time of approval, and should have recommended a limit of no more than 32 square feet visible
from any vantage point, to maintain consistency with Section 9A.2.1(B) referenced above.)
Issues for Consideration
1.
Location
Currently, an “Entry Monument Alternative to Ground Sign” is allowed on property with frontage on
major thoroughfares. Staff has been asked to prepare options that would allow greater flexibility on
sites located between two parallel thoroughfares.
2.
Number of Sides
Currently, an “Entry Monument Alternative to Ground Sign” may have three sides. Staff has been
asked to prepare an option that would allow such signs to have up to four sides.
3.
Sign Area
The purpose of limitations on sign area is to provide a balance between the goals of providing an
opportunity to display a sign message, and minimizing visual impact and clutter. The perception of
visual impact clutter associated with sign area is based on the amount of sign area visible at any
given time.
Options to Provide Additional Flexibility for Entry Monuments
Option 1 (based on suggestion by a Council member)
Allow entry monument signs with up to four sides provided that:
a) two sides are parallel to adjacent thoroughfare roadways;
b) the sign area on any one side of the monument does not exceed thirty-two (32) square feet;
and
c) the combined sign area on all sides of the monument visible from any single vantage point
does not exceed thirty-two (32) square feet.
Page 13 of 23
Option 2 (based on suggestion by a Council Member, excluding locational criteria, and recommended by
staff)
Allow entry monument signs with up to four sides provided that:
a) the sign area on any one side of the monument does not exceed thirty-two (32) square feet;
and
b) the combined sign area on all sides of the monument visible from any single vantage point
does not exceed thirty-two (32) square feet.
Option 3 (based on current regulations, with correction to calculate sign area based on visibility from any
single vantage point)
Allow entry monument signs with up to three sides provided that:
a) the sign area on any one side does not exceed thirty-two (32) square feet; and
b) the combined sign area on all sides visible from any single vantage point does not exceed
thirty-two (32) square feet.
The following provisions of Section 9A.3.1(H)(4) currently applicable to an “Entry Monument Alternative to
a Ground Sign” would continue to apply for each option listed above:
(1) Site Plan approval is required.
(2) A minimum of seventy-five percent (75%) of the monument structure shall be constructed of masonry
material that is compatible with materials found in the principal buildings on the site.
(3) The height of the entry monument structure shall not exceed twelve (12) feet. Where an entry
monument structure is located within the median of a public right-of-way in accordance with Section
9A.3.1(G)(7), the sign portion of the structure may not exceed forty-two (42) inches.
(5) One (1) square foot of landscape area at the base of the sign shall be provided for each square foot
of sign area
Staff Recommendation
Staff recommends Option 2. This alternative would be the least difficult to implement consistently, due to
the more limited configuration of sign shapes and angles that would need to be assessed in order to
determine the amount of sign area that could be visible from a given single vantage point. It also provides
all properties with the same opportunity for potential signage, regardless of their orientation relative to a
thoroughfare.
PROPOSED TEXT
9A.3.1 STANDARDS APPLICABLE TO SPECIFIC SIGN TYPES – Permanent Sign Types Allowed in
All Zoning Districts
(H)
Entry Monument Alternative to Principal Ground Sign
An entry monument meeting requirements of Section 7.2.7 of this Ordinance may be
approved in lieu of a permitted principal ground sign for residential subdivisions, and nonresidential developments or subdivisions with frontage on a road classified as a major
thoroughfare or higher.
(1) Site Plan approval is required.
(2) A minimum of seventy-five percent (75%) of the monument structure shall be
constructed of masonry material that is compatible with materials found in the principal
buildings on the site.
(3) The height of the entry monument structure shall not exceed twelve (12) feet. Where an
entry monument structure is located within the median of a public right-of-way in
accordance with Section 9A.3.1(G)(7), the sign portion of the structure may not exceed
forty-two (42) inches.
(4) Sign area may be included on up to three (3) four (4) sides of an entry monument,
however the combined sign area for all sides visible from any single vantage point shall
not exceed thirty-two (32) square feet.
(5) One (1) square foot of landscape area at the base of the sign shall be provided for
each square foot of sign area.
Page 14 of 23
C-2
CORRECTIONS
BACKGROUND
Chapters 9A (Permanent Signs) and Chapter 9B (Temporary Signs), which address non-residential
signage, were added to the LDO in April, 2011. Prior to that time, standards for non-residential signage
were found in Chapter 9 (Signs). Provisions related to window signs were inadvertently omitted from
Chapter 9B. The proposed amendment corrects that omission.
PROPOSED TEXT
9B.2
PERMITTED TEMPORARY SIGNS
Temporary signs shall be permitted as provided herein:
(I)
ITEM E
Window Sign
Signs shall be allowed on the inside or outside of window glass of non-residential properties
provided that they cover no more than 25 percent of the gross glass area on any one side of
the building and they are not separately illuminated. Signs permanently affixed to the external
side of windows shall be a medium or premium grade vinyl, digital image using solvent
coloring, or other similar type material and shall be maintained in good order.
LOCATION OF ACCESSORY STRUCTURES
BACKGROUND
Staff has received concerns from citizens about the location requirements for accessory structures on
residential lots and the resulting types of development that can occur. In August 2011, Town Council
directed staff to prepare a draft amendment to the LDO in response to the concerns. Of particular concern
is the potential for detached accessory structures to be located in front of the principal structure, especially
in residential settings. Under the current regulations, an accessory structure is only required to be outside
of the minimum required front setback. If the front of a principal structure (such as a dwelling) were
constructed adjacent to the minimum front setback, then any accessory structure(s) would also be no closer
to the front of the lot than the principal structure. However, if a principal structure is built further back on a
lot (i.e., beyond the minimum front setback), then the potential exists for accessory structures to be located
closer the front of the lot than the principal structure. While this may not be as common an issue on larger
lots in less-dense areas, this can be problematic in areas with smaller lots and less spacing between
dwellings. The proposed amendment would result in better protection of the character of existing
neighborhoods by preventing the construction of garages that may dominate the front yards of residential
lots.
PROPOSED TEXT
5.3.2
ACCESSORY USES AND STRUCTURES; Location of Accessory Buildings, Structures, or
Vehicles
(D)
Location of Accessory Buildings, Structures, or Vehicles
(1) If an accessory structure is located closer than five (5) feet to the principal structure,
the accessory structure shall be deemed attached to the principal structure.
(2) Unless otherwise specified, an accessory structure or vehicle shall not be located
within a required front setback, the corner side setback, or within five (5) feet of the rear
or side lot lines. Any accessory structure shall be located at least five (5) feet from the
edge of a required buffer. Accessory uses and structures may not encroach into any
easements, but may directly abut easements.
(3) For accessory structures accessory to residential uses, the combined floor area of all
detached accessory structures shall occupy no more than thirty-three (33) percent of
the total heated floor area of the principal structure, unless otherwise allowed in this
Ordinance.
Page 15 of 23
(4)
(5)
Storage or parking of all boats, recreational vehicles, and utility or travel trailers allowed
by this Section shall be located within side or rear yards.
Detached accessory structures on residential lots, with the exception of detached
carports, shall not be closer to the front of a lot than the principal structure. Garages,
and similar structures, located between the minimum front setback and the setback of
the front of a dwelling must be attached to the principal structure by at least 50 percent
of the attached side of the garage or accessory structure. If the garage or similar
structure is detached, it must be located at the same setback distance of the existing
structure or greater and not be closer than five (5) feet to the principal structure.
ITEM F USE SPECIFIC STANDARDS AND DEFINITIONS – GOVERNMENTAL OFFICES AND
SHOPPING CENTERS
BACKGROUND
Based upon a recent request for a government office to be located within a shopping center, staff has
reviewed the Land Development Ordinance as it relates to the definition of a shopping center and whether
or not use-specific standards should be established to identify what type of government offices are
permitted within certain zoning districts. Staff has studied whether or not land specifically set aside for
shopping centers within planned development districts should be primarily used for office or other non-retail
uses. Staff has concluded that the definition for a shopping center should be amended to clarify that these
centers should contain a primary retail tenant and at least 60% of the total square footage of the center
should be allocated to certain commercial uses.
In addition, staff believes that certain government offices may not be appropriate in residential or general
commercial zoning districts if the use requires a high level of security due to the nature of the use. For this
reason, staff has proposed certain use-specific standards to direct these types of government offices to
locate in Office and Institutional; Office/Research and Development; Industrial; or certain Town Center subdistricts.
PROPOSED TEXT
5.2.2
USE-SPECIFIC STANDARDS: Public/Institutional Uses
(H)
Governmental Offices
To the extent allowed by state and federal law, (see LDO section 1.6), the following usespecific standards apply to governmental offices that are not Town owned or operated:
In any residential, resource/recreational, and/or general commercial districts, government
offices may be allowed as either a permitted or a special use in Table 5.1-1, provided that:
(1)
(2)
For a federal office, the federal building security level is Level 2 or less as defined by
the U.S. Department of Justice; and
the site contains no physical perimeter security barriers to the building and/or parking
areas through the use of fencing or other obstructions.
These types of governmental offices may also be allowed in all Town Center sub-districts that
permit residential dwelling units.
All types of governmental offices may be allowed as either a permitted or a special use in
Table 5.1-1 or Table 5.1-2 in all other districts not specifically mentioned above.
(L)
.
Retail Sales and Service
Retail Sales firms are involved in the sale, lease or rent of new or used products to the general
public. No outdoor display is permitted unless specifically authorized by this Ordinance.
Page 16 of 23
Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or
repair of goods for on-site sale. Specific use types include, but are not limited to:
(8)
Retail Store
A commercial enterprise that provides goods, products, or materials directly to the
consumer. This includes clothing stores, appliance stores, bakeries, food stores, grocers,
caterers, pharmacies, bookstores, florists, furniture stores, hardware stores, pet stores,
toy stores, and variety stores. It does not include restaurants, personal service
establishments, convenience stores, or amusement establishments.
(10) Shopping Center, General
A building or group of buildings, either freestanding or connected, under unified or
multiple ownership of land parcels, which contains one or more primary retail tenant(s) or
retail anchor store(s), with common parking, pedestrian circulation, ingress and egress,
and which is used or intended for use primarily for the retail sale of goods and services to
the public. No more than 40% of the cumulative building square footage (existing and/or
proposed) of the center shall be allocated for uses other than retail sales and services
(12.3.(L) and/or Food and Beverage Services (12.3.4(F)).
(11) Shopping Center, Small
A group of commercial or retail uses in one (1) or more buildings (usually lacking a main
or primary tenant) which are typically one (1) story tall and one (1) store deep, which front
a thoroughfare or collector street and have parking located between individual store
entrances and the street.
TABLE 5.1-1: TABLE OF PERMITTED USES - GENERAL USE DISTRICTS (EXCEPT TC & CT)
P = Permitted Use; S = Special Use (see Section 3.8); A = Accessory Use
Use Class is listed for determining the type of required perimeter buffers, and is repeated in Section 7.2
RESIDENTIAL
NON-RESIDENTIAL
MIXED USE
OVERLAY
DISTRICT
Use Category Use Type and [Use
Class]
R80
R40
R20
R12
R8
TR
RMF RR
OI
GC ORD
UseSpecific
Stds
I
NC
CC
RC
PUBLIC/INSTITUTIONAL USES
Government
Services
Governmental office S
[4]
S
S
S
S
S
S
P
P
P
P
P
P
P
P
Government
Services
Public safety station P
[4]
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Government
Services
Public utility facility
[7]
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Government
Services
Town owned/
operated facilities
and services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
5.2.2(H)
5.2.2(G)
Page 17 of 23
TABLE 5.1-2: TABLE OF TOWN CENTER (TC) DISTRICT USES
P = Permitted Use; S = Special Use (see Section 3.8); A = Accessory Use
Use
Category
Use Type
HMXD MXD
HDR
MidRise
MXDR
HDR MDR
Garden
LDR
LDR
-12
CB
&R
COM
CLI OFC/ INS OFC/
Use
INS
IND Specific
Stds
PUBLIC/INSTITUTIONAL USES
Government All
P
Services
Governmental
office [4]
P
P
P
P
P
P
P
P
P
P
P
P
P
Government Public safety
Services
station [4]
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Government Public utility
Services
facility [7]
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Government Town owned/
Services
operated
facilities and
services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
5.2.2(G)
5.2.2(H)
5.2.2(G)
ITEM G MINOR CHANGES, CORRECTIONS AND CLARIFICATION
G-1
Definition of Floor Area
BACKGROUND
Currently the LDO limits the size of residential accessory buildings to keep the size proportionate to the
principal dwelling. The LDO limits the size by limiting the total floor area of all detached accessory buildings
to 33 percent of the heated square footage of the principal dwelling.
Buildings constructed with a high pitched roof can provide additional usable space above the ceiling. If this
attic space is served by a fixed stair the space is considered a floor and this square footage would be
applied toward the 33 percent of the heated square footage of the principal dwelling. If the space is served
by a pull down stair or ladder the space is not considered a floor. (Note: A fixed stair cannot be installed
unless the room the stair serves has a height of 7’ above the floor per NCSBC.)
Floor Area as defined in the LDO states the floor area of a structure with a roof as a ceiling should be
measured within “lines drawn parallel to and two feet within the roofline of any building or portions thereof
without walls”. Simply stated, as applied to a full gable roof, the floor area would be the area inside of both
two-foot high knee walls on the two sloped sides and wall to wall on the gable ends of the building.
It is proposed to modify the definition to allow the measurement of the attic floor from the 24” high wall
currently being used to count the space between two five-foot high knee walls on the slope sides and wall to
wall on the gable ends of the building. This method of determining floor square footage would allow greater
use of the building for the property owner while keeping the same look of the building from the outside.
PROPOSED TEXT
12.4
OTHER KEY TERMS DEFINED
FLOOR AREA
The gross total horizontal area of all floors including:
(a) usable basements, and cellars; and
(b) the portion of attics accessible by fixed stairs where the distance between floor and ceiling is
at least five (5) feet, ; and
Page 18 of 23
(c)
below the roof and within the outer surface of the main walls of principal or accessory
buildings, or the centerlines of a party wall separating such buildings or portions thereof, or
within lines drawn parallel to and two feet within the roofline of any building or portions
thereof without walls, .
but excluding, in In the case of non-residential facilities, floor area calculations shall not include
arcades, porticos, and similar areas open to the outside air which are accessible to the general
public and which are not designed or used as areas for sales, display, storage, service, or
production.
G-2
DEFINITIONS RELATED TO PET GROOMING
BACKGROUND
A business owner asked to relocate a pet grooming business from a commercially-zoned shopping center
to a zoning district that allowed retail use, but did not allow kennels. Cary’s current definition of Kennel
includes pet grooming as part of the description. This amendment is to recognize Pet Grooming
Establishments as an example of a personal service use rather than a kennel use.
PROPOSED TEXT
12.3.4 USE CLASSIFICATIONS: Commercial Uses
(B)
(L)
Animal Service
Uses that involve the selling, boarding, or care of animals on a commercial basis. Accessory
uses may include confinement facilities for animals, parking, and storage areas. Specific use
types include:
(1)
Kennel
An establishment where domesticated animals are kept, sold, boarded, or bred,
groomed, or trained, typically with fenced or enclosed spaces, areas, or runs for
individual animals. Kennels may be indoor only, or indoor/outdoor, depending on the
zoning district in which they are located; see Table 5.1-1. Ancillary services may
include pet grooming.
(2)
Veterinary Hospital/Office
An establishment for the care and treatment of animals that are admitted for daytime
and/or overnight stay in order to obtain veterinary treatment for illnesses, diseases, or
injuries. Such facilities may be indoor only, or may have both indoor and outdoor
facilities, depending on the zoning district in which they are located; see Table 5.1-1.
Retail Sales and Service
Retail sales firms are involved in the sale, lease or rent of new or used products, or the
provision of certain services, to the general public. No outdoor display is permitted unless
specifically authorized by this Ordinance. Accessory uses may include offices, parking,
storage of goods, and assembly, repackaging or repair of goods for on-site sale. Specific use
types include, but are not limited to:
(7)
Personal Service Establishment
A business that provides individual services related to personal needs directly to
customers at the site of the business or that receives goods from or returns goods to
the customer which have been treated or processed at that location or another
location. This includes travel agencies, dry-cleaners, laundries, tailors, hair stylists,
cosmeticians, toning or tanning salons, photocopy centers, shoe repair shops,
appliance repair shops, interior design studios, dance and martial arts studios, and pet
grooming establishments. This shall not include automobile service stations or
Commercial Indoor/Outdoor Recreation use.
Page 19 of 23
12.4
OTHER KEY TERMS DEFINED
Pet Grooming Establishment
A personal service establishment at which domesticated animals are bathed, clipped, trimmed or
shorn, or other such non-medical treatment is administered indoors, and no animals are kept on the
premises overnight.
G-3
BUFFER ADJACENT TO AMERICAN TOBACCO TRAIL
BACKGROUND
LDO Section 4.4.3 (Conservation Residential Overlay Districts) includes a requirement for a 50-buffer
adjacent to the American Tobacco Trail. The proposed amendment would duplicate this buffer requirement
in Section 7.2.3 (Requirements for Perimeter Buffers and Landscape Area) for ease of reference.
PROPOSED TEXT
4.4.3
Conservation Residential Overlay District
(H)
Additional Design Requirements
(4)
7.2.3
American Tobacco Trail (ATT) Buffer - A buffer of fifty (50) feet in width is required
along the American Tobacco Trail. The buffer shall function as visual separation
between the public trail and private property; it shall contain native plant material,
supplemented where necessary with deciduous and evergreen trees to provide an
opaque screen for the benefit of trail users and adjoining property owners. The buffer
shall conform to the requirements of a Type 'A' Buffer as described in LDO Section
7.2.3(D). The fifty (50) foot wide buffer is not counted as bonus open space.
Requirements for Perimeter Buffers and Landscape Areas
(B)
Type and Width of Required Buffer
(1)
Buffers Based on Land Use Class
Table 7.2-1 specifies the type of undisturbed buffer or landscaped buffer that must be
in place. The buffer type is indicated by letter and the total buffer width in feet is
indicated by number. Depending on the land use classification of the proposed use and
the use of the adjacent property, Table 7.2-1 requires an undisturbed buffer or
landscaped area (if permitted) of a particular type and a particular minimum width.
Subsection 7.2.3(C) below identifies the land uses that fall within each land use class
shown in Table 7.2-1. This information is also listed by use type in Table 5.1-1 of this
Ordinance. Subsection 7.2.3(D) below identifies the performance standards for each
buffer type (i.e., A, B, or C).
(2)
Buffer Adjacent to American Tobacco Trail
A fifty (50) foot wide Type A buffer shall be provided adjacent to the American Tobacco
Trail as required by Section 4.4.3(H)(4) of this Ordinance.
Page 20 of 23
G-4
URBAN TRANSITION BUFFERS
On September 27, 2011, Town staff was directed by the Division of Water Quality (DWQ) to correct the
following two items related to urban transition buffers in the LDO:
1)
2)
add an item to Table 7.2-6 addressing the draining of ponds that was inadvertently removed
from the original State mandated Jordan Lake Buffer Rules; and
correct a Section reference.
The proposed amendment incorporates these changes, as well as additional technical corrections to:
ensure that the language used in the LDO exactly matches the State’s rules, and clarify the roles of the
Town and DWQ with regards to authority within the Jordan and Neuse River Basins.
PROPOSED TEXT
7.2.14
Urban Transition Buffer Regulations
(A)
The Purpose and Intent of Urban Transition Buffers
(B)
Establishing General Urban Transition Buffers
(3)
General UTBs shall have zones as follows:….
(a) Cape Fear River Basin/Jordan Watershed
2.
UTBs established pursuant to Section 7.2.14(B)(1)(a)2 shall have two (2)
zones:
b.
(C)
(D)
(E)
Zone Two shall consist of a stable, vegetated area that is undisturbed
except for uses provided in subsection (E) and Table 7.2-6. 7.2-6 .
Grading and revegetating in Zone Two is allowed provided that the
health of the vegetation in Zone One is not compromised. Zone Two
shall begin at the outer edge of Zone One and extend landward twenty
(20) feet as measured horizontally on a line perpendicular to the surface
water. The combined width of Zones One and Two shall be fifty (50)
feet on all sides of the surface water.
Establishing Specialized Urban Transition Buffers
Overlap or Conflict between Urban Transition Buffers established by the Town and buffers
established by State of North Carolina or Federal Regulations
Activities Prohibited and Permitted in Urban Transition Buffers
TABLE 7.2-6 TOWN OF CARY GENERAL AND SPECIALIZED UTBs
Activity
Exempt
Allowable Allowable
with
Mitigation
Prohibited
X
Overhead electric utility line perpendicular crossings of
streams and other surface waters subject to this
Ordinance [3]
Overhead electric utility line perpendicular crossings of streams and other surface waters subject to this
Ordinance [3]
Perpendicular crossings that disturb equal to or
less than one hundred and fifty (150) linear feet of
UTB[1,3]
X
Page 21 of 23
X
Perpendicular crossings that disturb greater equal
to or less than one hundred and fifty (150) linear
feet of UTB[1,2,3]
Ponds: Drainage of a pond in a natural drainage way
provided that a new riparian buffer that meets the
requirements of 7.2.14(B)(1)(a), 7.2.14 (B)(1)(c),
7.2.14(B)(2), 7.2.14(B)(3)(a), 7.2.14(E), 7.2.14(H), and
Table 7.2-6 of this rule is established adjacent to the
new channel
X
Railroad impacts other than crossings of streams and other surface waters subject to this Ordinance:
Road crossings of streams and other surface waters subject to this Ordinance:
Road crossings that impact equal to or less than
forty (40) linear feet of UTB
X
X
Road crossings that impact greater than forty (40)
linear feet but equal to or less than one hundred
and fifty (150) linear feet
X
Road crossings that are perpendicular and impact
greater than one hundred and fifty (150) linear feet
X
Streambank or shoreline stabilization
Temporary sediment and erosion control devices:
X
In Zones 1, 2, and 3 to control impacts associated
with uses approved by the Town division or that
have received a variance provided that sediment
and erosion control for upland areas is addressed
to maximum extent practical outside the UTB and
restored to preconstruction topographic and
hydrologic conditions immediately after
construction is complete and replanted
immediately with comparable vegetation, except
that tree planting may occur during the dormant
season; at the end of five (5) years the restored
UTB shall comply with the restoration criteria of
section (L) below
Vegetation management:
Removal of individual trees which are in danger of
causing damage to dwellings, other structures or
human life or are imminently immediately
endangering stability of the streambank
X
Removal of individual trees which are dead,
diseased or damaged
X
Removal of poison ivy
X
Removal of invasive exotic understory nuisance
vegetation as defined in: Smith, Cherri L. 1998.
Exotic Plant Guidelines. Department of
Environment and Natural Resources. Division of
Parks and Recreation. Raleigh, NC. Guideline #30
X
Vehicular access roads leading to water
dependent structures as defined in 15A NCAC
02B .0202 where installation and use result in
disturbance of UTB
X
Vehicular access roads leading to water-dependent
structures as defined in 15A NCAC 02B .0202,
X
Page 22 of 23
provided they do not cross the surface water and have
minimum practicable width not exceeding ten (10) feet
and where installation and use result in disturbance of
UTB
Water-dependent structures as defined in 15A NCAC
02B .0202 where the installation and use result in the
disturbance of UTB
X
Wooden slatted decks and associated steps in the UTB, provided the use meets the requirements of
Sections 7.2.14 (D) and 7.2.14 (E) of this Ordinance
Deck at least eight (8) feet in height and no
vegetation removed
X
Deck less than eight (8) feet in height or and
vegetation removed
X
[1] Provided that, in Zone 1, all of the following WQBMPs for overhead utility lines are used. If all of these
WQBMPs are not used then the overhead utility lines shall require a no practical alternatives evaluation by
the Town (Cape Fear Basin/Jordan Watershed) or Division of Water Quality (Neuse River Basin).
[2] Provided that poles or towers shall not be installed within ten (10) feet of a water body unless the Town
(Cape Fear Basin/Jordan Watershed) or Division of Water Quality (Neuse River Basin)
completes a no practical alternatives evaluation.
[3] Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and
105 degrees.
[4] Provided that, in Zone 1, all of the following WQBMPs for underground utility lines are used. If all of these
WQBMPs are not used then the underground utility line shall require a no practical alternatives evaluation by
the Town (Cape Fear Basin/Jordan Watershed) or Division of Water Quality (Neuse River Basin).
(F)
(G)
(H)
Description of Buffers on Site and/or Subdivision Plans
Exclusion of Urban Transition Buffer from Lots
Exemption when Existing Uses are Present and Ongoing
(I)
Determinations of No Practical Alternatives/Request for Authorization Certificate
(1)
Persons who wish to undertake uses designated as allowable or allowable with mitigation
shall submit a request for a "no practical alternatives" determination to the Town. The
applicant shall certify that the project meets all the following criteria for finding "no practical
alternatives."
(a)
(J)
(K)
(L)
(M)
(N)
(O)
(P)
The basic project purpose cannot be practically accomplished in a manner matter
that would better minimize disturbance, preserve aquatic life and habitat, and
protect water quality;
Modification of Urban Transition Buffers as part of Approving Development Plans
Variances
Mitigation
Site Inspections
Violations
Delegation of Authority
Definitions
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