This section sets forth regulations for nontraditional residential lot development requiring rezoning to a Conditional Zoning District (CD). All nontraditional residential lot developments shall be established either as initial conditional zoning districts at the time of annexation, or through a rezoning pursuant to the procedures and criteria for rezoning (CD) set forth in §§ 160.12 and 160.13.
(A) General intent/purpose.
(1) Nontraditional residential lot development is intended to allow flexibility in development and encourage the use of innovative design and layout that would not otherwise be permitted under the UDO because of the strict application of the zoning district or general development standards. Nontraditional residential lot development encourages innovative land planning and design concepts by:
(a) Reducing or eliminating the inflexibility that sometimes results from strict application of zoning and development standards that were designed primarily for individual lots;
(b) Allowing greater freedom in selecting the means to provide access, light, open space and design amenities;
(c) Allowing greater freedom in providing a mix of land uses in the same development, including a mix of housing types, housing prices, lot sizes, densities and nonresidential uses;
(d) Promoting quality urban design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations and land uses; and
(e) Encouraging quality urban design and environmentally sensitive development by allowing increases in base densities when the increases can be justified by superior design or the provision of additional amenities such as public and/or private open space.
(2) In return for greater flexibility in site design requirements, nontraditional residential lot developments are expected to: deliver exceptional quality community designs that preserve critical environmental resources; provide above-average open space amenities; incorporate creative design in the layout of buildings, open space and circulation; coordinate and unify design elements of the project, including building materials, signage and architectural compatibility; assure compatibility with surrounding land uses and neighborhood character; and, provide greater efficiency in the layout and provision of roads, utilities and other infrastructure. The Conditional Zoning District process shall not be used as a means of circumventing the city’s adopted zoning and development regulations for routine developments.
(B) Nontraditional residential lot development defined.
(1) Nontraditional residential lot development is an area of land under unified control, to be developed as a single entity for a number and variety of dwelling units, according to a Master Plan which is approved at the time of rezoning. Lands rezoned to a Conditional Zoning District for nontraditional residential lot development may incorporate up to 15% of the total project area to limited convenience commercial buildings or services to serve the residences of the project. Lands rezoned to a Conditional Zoning District for nontraditional residential lot development shall meet the use and development requirements of division (D) below.
(2) Nontraditional residential lot developments such as mixed use (upper story attached dwellings) requested within traditional commercial zoning districts such as Highway Commercial (HC), and Office and Institutional (O&I) shall incorporate a minimum of 15% of the total project area to commercial buildings or services. The development of neighborhood, community or regional commercial centers shall be in scale with surrounding market areas at locations recommended in the City Comprehensive Land Use Plan. The development is intended to permit the establishment of the projects only where planned centers with carefully organized buildings, service areas, parking areas and landscaped open spaces will clearly serve demonstrated public need, reduce marginal traffic friction below that which would result from strip commercial development along highways, and protect property values in surrounding neighborhoods. Lands rezoned for these developments to a Conditional Zoning District shall meet the size requirements of division (E) below.
(C) Nontraditional residential lot development; general use and development standards.
(1) Uses allowed. A nontraditional residential lot development may contain any or all of the uses specified in the approved development Master Plan, provided the uses are consistent with the City Comprehensive Land Use Plan. A wide range of uses is possible in a nontraditional residential lot development, and the specific uses allowed may be different in each development approved through the Conditional Zoning District (CD) process. All uses that are set out in an approved Master Plan shall be treated as permitted uses within the development, except that uses which are prohibited in § 154.03(D) of this chapter shall not be permitted within the development.
(2) Certain mixed uses allowed.
(a) Mixed use developments are encouraged and allowed in Nontraditional Residential Lot Developments through the Conditional Zoning District process only as specified in this chapter. Mixed use development may occur by having retail or commercial uses located in the same building (e.g., retail or office space on ground floor, and residential above) or by having nonresidential uses located in different buildings sited on the same lot or parcel (e.g., office building located on the same parcel as a freestanding residential structure).
(b) Mixed use developments shall be designed, located and oriented on the site so that nonresidential uses are directly accessible to residents of the development. For the purposes of this section,
DIRECTLY ACCESSIBLE shall mean pedestrian and vehicular access by way of improved sidewalks or paths and streets that do not involve leaving the development or using a major thoroughfare. DIRECTLY ACCESSIBLE does not necessarily mean that nonresidential uses need to be located in a particular location, but that the siting of the uses considers the accessibility of the residential component of the development to the nonresidential use.
(3) Applicable standards.
(a) Nontraditional residential development approved through a Conditional Zoning District shall be subject to all applicable overlay district regulations in Chapter 154, all applicable use regulations set forth in Chapter 155, all applicable environmental regulations of Chapters 50 through 54 in the city code of ordinances, and Chapter 156, and all applicable general regulations set forth in Chapter 157, unless otherwise waived or modified by the city in the terms of the approved master plan. In case of any conflict between a specific regulation set forth in this § 154.03 and any regulation set forth in Chapters 154 through 157, the regulation in this section shall apply unless otherwise expressly allowed.
(b) Notwithstanding division (C)(3)(a) above, in no case shall the Board of Commissioners waive or modify the following standards for a proposed nontraditional residential development:
1. All AICUZ Overlay District requirements and standards (§ 154.07), including permitted use restrictions and noise level reduction requirements;
2. Ownership requirements for any open space, buffers or streetscapes unless otherwise permitted within the UDO;
3. Stormwater control and erosion and sedimentation control requirements of Chapter 156; and
4. Setback reduction below the minimum required by division (C)(3)(c) below.
(c) Dimensional standards for nontraditional residential developments are provided for in Chapter 155 and shall be stated on the Master Plan and/or the associated site plan. A building setback of less than three feet is permitted only where firewalls are provided in accordance with all applicable Building Code requirements.
(4) Emergency access. Any building established as a part of a nontraditional residential development which cannot properly be served by emergency or service vehicles from an abutting street shall be made accessible to the vehicles by a paved driveway having a roadbed width of not less than 20 feet, exclusive of parking spaces.
(5) Transportation and circulation system. The development’s Master Plan shall demonstrate a logical, adequate, safe and convenient on-site transportation system that addresses vehicular, bicycle, pedestrian and transit circulation that connects all residential areas with pedestrian destinations on and off-site, such as schools, churches, shopping areas and recreational areas. All elements of the on-site transportation system shall be integrated with all off-site transportation circulation systems, with particular attention to minimizing pedestrian/automobile contact.
(6) Off-street parking and loading. The development’s Master Plan shall comply with the off-street parking and loading requirements of Chapter 157, except that variations from these standards may be permitted if a comprehensive parking and loading plan for the development is submitted as part of the Master Plan that is suitable for the development and consistent with the intent and purpose of the off-street parking and loading standards of the UDO.
(7) Landscaping. Landscaping shall comply with the standards of Chapter 157, except that variations from these standards may be permitted where it is demonstrated that the proposed landscaping sufficiently buffers uses from each other, ensures compatibility with land uses on surrounding properties, creates attractive streetscapes and parking areas, and is consistent with the urban design objectives and/or character of the area.
(8) Utilities.
(a) Nontraditional residential lot development projects shall provide for underground installation of utilities, including telephone and power in both public and private rights-of-way, except when conditions not reasonably within the control of the developer make this requirement unpractical.
(b) Every residential and nonresidential lot shall be served by a water supply system and a sewage disposal system that: is adequate to accommodate the reasonable needs of the proposed use; and complies with all applicable City and County Health Department regulations, as specified in Chapter 150.
(9) Areas to be preserved. In all nontraditional residential lot development projects, efforts shall be made to preserve historic sites, scenic points, large trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation, either as portions of public sites and open spaces, or in the other form as to provide amenities to the neighborhood. Trees or other desirable natural growth located in public or private rights-of-way or public or private easements shall not be removed unless the removal is necessary for the installation of utilities or drainage structures or for other purposes in the public interest. The removal may be prohibited if the amenity of adjacent property, or the amenity of the general neighborhood, is adversely affected.
(10) Conditions in the Master Plan. In some cases, the ability to implement or strictly follow the approved Master Plan conditions can be problematic (i.e., conditions requiring specimen trees to be preserved, but the trees have subsequently died due to natural causes following the approval). In those cases, the Planning Director shall implement the condition in a way that most closely meets its original intent. These situations include, but are not limited to:
(a) Undisturbed buffers/streetscapes required by the Master Plan which may be beyond the city’s ability to implement due to road widening, utility relocation, driveways and/or clear sight distance areas; and
(b) Specimen or champion trees required by the Master Plan to be preserved, but which have been removed due to natural consequences or infrastructure relocation. The Director may decide to permit re-vegetation when the conditions exist depending upon the extent of the disturbance, the size and quality of the existing vegetation remaining and the long term viability/benefit of retaining the existing vegetation.
(D) Nontraditional residential lot development; use and development standards.
(1) Permitted uses.
(a) All low, medium and high density residential uses and their accessory uses as listed in Table 155-8, except those listed in division (D)(2) below.
(b) Family care homes (as required by G.S. § 160D-907).
(c) Temporary uses intended to serve principally the residents of the proposed development.
(d) Convenience retail and personal services intended to serve principally the residents of the proposed development.
(2) Uses not permitted.
(a) Residential:
1. Manufactured homes on individual lots, and manufactured home parks; and
2. Other group residential uses besides family care homes.
(b) Any retail or service use not intended for the convenient use of, or intended to principally serve, the residents of the proposed development;
(c) All manufacturing, industrial, wholesale trade uses; and
(d) All business repair and construction services, and all resource production and extraction uses, except pet grooming and veterinary clinics.
(3) Development standards.
(a) Except as provided in divisions (D)(3)(b) and (c) below, the development Master Plan shall comply with the development standards and other requirements for development as provided in § 155.0703, except that variations from these standards may be permitted if submitted as part of the Master Plan that is suitable for the development and consistent with the intent and purpose of § 155.0703.
(b) Recreation and open space requirements:
1. Dedication of recreation land. Each nontraditional residential lot development (or residential portion of a mixed use development) shall dedicate recreational open space consistent with the requirements in Chapter 157;
2. Common open space. Each nontraditional residential lot development (or residential portion of a mixed use development) shall provide common open space as a percentage of the entire parcel according to the following table:
Number of Acres in Development | Average Gross Density | Percent of Parcel to be Used as Open Space |
Number of Acres in Development | Average Gross Density | Percent of Parcel to be Used as Open Space |
0 to 49 | 0 to 4 units per acre | 5.0 |
0 to 49 | 4.1 to 8 units per acre | 5.0 |
51 to 75 | 0 to 4 units per acre | 7.5 |
51 to 75 | 4.1 to 8 units per acre | 7.5 |
76 and above | 0 to 4 units per acre | 10.0 |
76 to 100 | 4.1 to 8 units per acre | 10.0 |
101 to 2004 | 1 to 8 units per acre | 12.5 |
2004 and above | 4.1 to 8 units per acre | 15.0 |
3. Timing of completion of open space requirements. All open space and recreational amenities shall be completed and conveyed before certificates of occupancy may be issued for more than 50% of the dwelling units in the development or, if the approved Master Plan divides the development into phases, in that phase of the development of which the amenity is a part.
(c) Site development requirements: building permits for nonresidential uses in nontraditional residential lot developments shall not be approved until building permits authorizing the construction of at least 50% of the total residential units have been issued.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)