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Chapter 4: ZONING DISTRICTS
4.1   GENERAL PROVISIONS
   4.1.1   General Use Districts Established
   (A) Establishment
   (B) Hierarchy of General Use Districts
   4.1.2   Relationship to Conditional Use Districts and Overlay Districts
   4.1.3   Annexed Lands and Lands Added to the Town's Extraterritorial Jurisdiction
   (A) Zoning Designation
   (B) Effect of Zoning Designation on Nonconforming Lot Status
4.2   GENERAL USE DISTRICTS
   4.2.1   General Purposes
   4.2.2   Residential and Non-Residential Zoning Districts
   (A) R-80: Residential District
   (B) R-40: Residential District
   (C) R-20: Residential District
   (D) R-12: Residential District
   (E) R-8: Residential District
   (F) TR: Transitional Residential District
   (G) RMF: Residential Multi-Family District
   (H) RR: Resource/Recreation District
   (I) OI: Office and Institutional District
   (J) GC: General Commercial District
   (K) CT: Walnut Street Corridor Transitional District
   (L) ORD: Office/Research and Development District
   (M) I: Industrial District
   (N) TC: Town Center District
4.3   CONDITIONAL USE DISTRICTS
   4.3.1   Purpose and Intent
   4.3.2   Districts Established
   (A) Residential Districts
   (B) Non-Residential Districts
   (C) Town Center Subdistricts
   (D) Walnut Street Corridor Subdistricts
   4.3.3   Designation of Conditional Use Districts
   4.3.4   Allowable Uses
   4.3.5   Applicable Regulations
   4.3.6   Conditional Zoning Districts
4.4   OVERLAY ZONING DISTRICTS
   4.4.1   General Purpose; Relationship to General Use Zoning Districts
   4.4.2   Mixed Use Overlay
   (A) Purpose and Intent
   (B) Applicability
   (C) [Reserved]
   (D) Uses Allowed
   (E) Authority Under Overlay District
   (F) Development Standards
   (G) Dimensional Requirements
   (H) Changes to the Preliminary Development Plan Component of an Approved MXD District (Including Activity Center Concept Plans and Mixed Use Sketch Plans) or to an Approved PDD Master Plan
   4.4.3   Conservation Residential Overlay District
   (A) Purpose and Intent
   (B) Location of District and Applicability
   (C) Subdistricts Created and Defined
   (D) Eligibility and Process to Obtain Density Bonus
   (E) Calculating the Base Number of Lots
   (F) Increases to Base Density; Residential Use Type Allowed; and Minimum Dimensional Standards
   (G) Bonus Open Space Requirements
   (H) Additional Design Requirements
   4.4.4   [Reserved]
   4.4.5   Airport Overlay
   (A) Purpose and Intent
   (B) Location and Applicability; Compliance Required
   (C) Process for Reviewing Developments; Approval by the Raleigh-Durham Airport Authority
   (D) Prohibited Uses and Structures
   (E) Nonconforming Uses and Structures
   (F) Location of Buildings and Parking Areas
   4.4.6   Watershed Protection Overlay
   (A) Purpose and Intent
   (B) Applicability
   (C) Procedures for Development Approval
   (D) Overview of High Density and Low Density Development Options
   (E) Restrictions on Allowed Uses
   (F) Limitations on Impervious Surface Area and Density
   (G) Engineered Stormwater Control Measures
   (H) Clustered Development Option
   (I) Modifications and Variances
   (J) Violations; Enforcement
   4.4.7   Historic Preservation Overlay
   (A) Purpose and Intent
   (B) Location of Districts and Applicability
4.5   FLEXIBLE USE DISTRICTS
   4.5.1   Flexible Use Districts Generally
   (A) Purpose of Flexible Use Districts
   (B) Process Required
   (C) Conditions
   4.5.2   MXD: Mixed Use District
   (A) Intent
   (B) Approval Procedure
   (C) Geographic Coverage
   (D) General Use and Development Standards
   (E) Considerations for Mixed Use District Rezonings
   (F) Changes to the Preliminary Development Plan Component of an Approved MXD District
   4.5.3   PDD: Planned Development Districts
   (A) General Intent/Purposes of the PDD Districts
   (B) Types of PDD Districts
   (C) Designation Procedure
   (D) General Use and Development Standards for All PDD Districts
4.1   GENERAL PROVISIONS
   4.1.1   General Use Districts Established
      (A)   Establishment
         The following general use zoning districts are hereby established:
TABLE 4.1-1: GENERAL ZONING DISTRICTS ESTABLISHED
Abbreviation
District Name
TABLE 4.1-1: GENERAL ZONING DISTRICTS ESTABLISHED
Abbreviation
District Name
Residential Districts
R-80
Residential District
Residential Districts
R-40
Residential District
Residential Districts
R-20
Residential District
Residential Districts
R-12
Residential District
Residential Districts
R-8
Residential District
Residential Districts
TR
Transitional Residential District
Residential Districts
RMF
Multi-Family Residential District
Non-Residential Districts
RR
Resource/Recreation District
Non-Residential Districts
OI
Office and Institutional District
Non-Residential Districts
GC
General Commercial District
Non-Residential Districts
CT
Corridor Transitional District
Non-Residential Districts
ORD
Office/Research and Development District
Non-Residential Districts
I
Industrial District
Non-Residential Districts
TC
Town Center District
Planned Development Districts
PDD (Minor)
Minor Planned Development District
Planned Development Districts
PDD (Major)
Major Planned Development District
 
      (B)   Hierarchy of General Use Districts
         References in this Ordinance to less restrictive or more restrictive zoning districts refer to the general use districts established above. The above districts are ranked and represent, within the residential and the non-residential categories, a progression from the most restrictive (the "highest" classification) to the least restrictive (the "lowest" classification).
   4.1.2   Relationship to Conditional Use Districts and Overlay Districts
   Lands within the Town and its extraterritorial jurisdiction may be classified into one (1) of the following:
      (A)   General use districts set forth in Section 4.2;
      (B)   One (1) or more of the conditional use districts set forth in Section 4.3;
      (C)   One (1) or more of the overlay districts set forth in Section 4.4.
      (D)   Some lands within a general use district may also be classified as "conditional" when the land was previously designated as a conditional use district prior to July 1, 2003, but which designation was removed concurrent with adoption of this Ordinance. In such cases, any conditions associated with the land remain in effect regardless of the land's current designation as a general use district.
   Where the property is classified in an overlay district as well as either a general use district or a conditional use district, then the regulations governing development in the overlay district shall apply in addition to the regulations governing development in the underlying district. In the event of an express conflict between the standards set forth in Section 4.2 and the standards set forth in Section 4.4 for an overlay district, the standards set forth in Section 4.4 shall control. In the event of an express conflict between the standards set forth in Section 4.4 and the provisions set forth in a particular conditional rezoning, then the more restrictive provision of either shall control.
   4.1.3   Annexed Lands and Lands Added to the Town's Extraterritorial Jurisdiction
      (A)   Zoning Designation
         (1)   The Town Council shall determine the zoning designation and future growth framework development category (if applicable) of properties added to the Town's planning and development regulation jurisdiction through extraterritorial boundary changes or annexation. Such determination shall be based on, but not be limited to, the following factors: the property's future growth framework development category, the property's current land use, the existence of a previously-approved development plan, the character of adjacent properties, current zoning designations, property owner requests or other factors considered relevant at the time of the annexation.
         (2)   Any property owner within the land to be added to the Town's planning and development regulation jurisdiction may submit a petition requesting a specific zoning designation. If such a petition is received prior to the time the land is added to the Town's jurisdiction, then the public hearing for zoning may be held concurrently with any public hearing required for addition of the property. If no such petition is received prior to the time of addition of the property, then Section 3.4 of this Ordinance shall govern any subsequent rezoning of the property.
      (B)   Effect of Zoning Designation on Nonconforming Lot Status
         Where a legal, conforming lot existing in a residential zoning district at the time the lot was added to the Town's extraterritorial jurisdiction does not contain sufficient land to permit conformance with the lot size or lot width of this Ordinance, such lot may be used as a building site for a single-unit dwelling notwithstanding the limitations set forth in Chapter 10 of this Ordinance. However, all development on such lot shall comply with the setback requirements of Chapter 6 of this Ordinance.
(Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22)
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