WSCO_DURH_WSWP Ordinance_20240207

Attachment B
UNIFIED DEVELOPMENT ORDINANCE (Teer Quarry)
Article 4: Zoning Districts
Sec. 4.1: General
4.1.1. Establishment of Districts
A. The following zoning districts are hereby established, and are intended to implement
the Comprehensive Plan. Each district is only appropriate in development tiers where it
effectively implements the plan, as set forth below.
Symbol District Former Districts
Residential Districts
RR Residential Rural RD
RS-20 Residential Suburban—20 R-20
RS-10 Residential Suburban—10 R-10, R-15
RS-8 Residential Suburban—8 R-8
RS-M Residential Suburban Multifamily RM-8, RM-12, RM-16
RU-5 Residential Urban—5 R-5
RU-5(2) Residential Urban—5(2) (duplexes allowed) R-3
RU-M Residential Urban Multifamily RM-16, RM-20
RC Residential Compact ITOD-CN, RM-CN
Nonresidential Districts
CI Commercial Infill —NEW—
CN Commercial Neighborhood NC
01 Office and Institutional O&I-1,O&I-2
CG Commercial General GC
SRP Science Research Park RSCH,RAD
SRP-C Science Research Park-Center —NEW—(County Only)
IL Industrial Light 1-2,CT
1 Industrial 1-3
Planned Districts
PDR Planned Development Residential PDR
UC University and College UC
UC-2 University and College-2 —NEW—
CC Commercial Center SC
IP Industrial Park I-1
MU Mixed Use MU
Design Districts
CD-C Compact Design—Core —NEW—
CD-S1 Compact Design—Support 1 —NEW-
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Attachment B
CD-S2 Compact Design—Support 2 —NEW—
CD-P(N) Compact Design—Pedestrian Business Sub-district —NEW—
(Ninth Street)
CSD-C Compact Suburban Design—Core —NEW—
CSD-S1 Compact Suburban Design—Support 1 —NEW—
CSD-52 Compact Suburban Design—Support 2 —NEW—
DD-C Downtown Design—Core —NEW—
DD-S1 Downtown Design—Support 1 —NEW—
DD-S2 Downtown Design—Support 2 —NEW—
Overlays
-P Neighborhood Protection Overlay P
-TO Transitional Office Overlay TO
-A60 Airport Overlay 60 to 65 LDN
-A65 Above 65 LDN
-MTC Major Transportation Corridor Overlay MTC, 1-540
-H Historic Districts&Landmarks Overlay Historic District Overlay
M/LR-A,-B Watershed Protection Overlays MAR-A,-B
F/J-A,-B Lake Michie/Little River District F/J-A,-B
E-A,-B, E-A(2) Falls/Jordan District E-A,-B
Eno River District
1 Within Rural Villages as designated in the Comprehensive Plan only
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Attachment B
Sec. 4.11: Watershed Protection Overlay
4.11.1. Purpose
A. The purpose of the Watershed Protection Overlay is to preserve the quality of the
region's drinking water supplies through application of the development standards in
Article 8, Environmental Protection. In general, water supply protection will be
accomplished by establishing and maintaining low intensity land use and development
on land near the region's water supply rivers and reservoirs. Where high density
development is desired,water supply protection will be accomplished through the use
of engineered stormwater controls.The overall objective is to:
1. Reduce the risk of pollution from stormwater running off of paved and other
impervious surfaces; and
2. Reduce the risk of discharges of hazardous and toxic materials into the natural
drainage system tributary to drinking water supplies.
B. Watershed protection regulations shall be adopted by the City of Durham and Durham
County in accordance with the requirements of the North Carolina Environmental
Management Commission,Title 15A NCAC 2B .0100, .0200 and .0300, (adopted
pursuant to NCGS§143-214.5) and in accordance with NCGS Chapter 160D.
4.11.2. Establishment of the Districts
A. The following six Watershed Overlays shall be established for lands within the
watersheds of public drinking water rivers and reservoirs. Each Watershed Overlay is
divided into two areas, a Critical Area (A) and a Protected Area (B), based on their
distance from the protected water supply and ridge lines that define the drainage
basin.
Overlay Designation General Location
Lake Michie/Little River
One mile from the 341 foot MSL normal pool of Lake Michie and from the 355
M/LR-A foot MSL normal pool of the Little River Reservoir,or to the ridge lines defining
District A
their drainage basins,whichever is less.
M/LR-B Lake Michie/Little River The portion of the drainage basins of Lake Michie and the Little River Reservoir
District B not covered by M/LR-A.
One mile from the 251.5 foot MSL normal pool of Falls Reservoir and from the
F/J-A Falls/Jordan District A 216 foot MSL normal pool of the Jordan Reservoir,or to the ridge lines
defining their drainage basins,whichever is less.
From the edge of F/J-A Overlay to five miles from the normal pool of the Falls
F/J-B Falls/Jordan District B Reservoir and the Jordan Reservoir,or to the ridge lines that define their
drainage basins,whichever is less.
E-A Eno River District A One mile from and draining to the Eno River water intake.
E-A(2) Eno River District A2 One half mile from and draining to the Teer Quarry Eno River water intake.
E-B Eno River District B
From the edge of E-A to 10 miles from the Eno River water intake,or to the
ridge lines that define the drainage area of the intake,whichever is less.
(Letters B through D and Paragraph 4.11.3, Rules for Interpretation Overlay Boundaries, have been
omitted as they remain unchanged)
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Attachment B
4.11.4. Nonresidential Land Use Restrictions
Nonresidential land uses shall be restricted in accordance with the following table and Sec.
8.7, Watershed Protection Overlay Standards.
Overlay Development Restrictions
M/LR-A All industrial uses listed in paragraph 5.2.6,Industrial Use Categories,and the sale of fuel for motor
vehicles shall be prohibited.
M/LR-B All Industrial uses listed in paragraph 5.2.6, Industrial Use Categories,shall be prohibited.
Except in the Rural Tier, nonresidential uses shall be prohibited,except that public and civic uses listed in
paragraph 5.2.4, Public and Civic Use Categories,commercial uses listed in paragraph 5.2.5,Commercial
Use Categories,office uses listed in paragraph 5.2.51,Office Use Categories,and light industrial uses listed
in paragraph 5.2.6A, Light Industrial Service,shall be permitted on land zoned for such uses (see Sec.5.1,
Use Table) as of September 28, 1992, provided that they do not manufacture, distribute or warehouse for
distribution nuclear materials or substantial quantities of hazardous materials.Such uses may be
permitted to store for on-site use or produce as a waste product nuclear materials or substantial
F/J-A quantities of hazardous materials,subject to the requirements of paragraph 8.7.2G, Hazardous and
Nuclear Materials, provided that they maintain a 1000-foot natural vegetated buffer from the normal
pool of the reservoir except when located in a special flood hazard area.
Land already zoned for one of the above uses may be rezoned to permit one of the above nonresidential
uses,except for commercial uses, in accordance with the procedures of Sec.3.5,Zoning Map Change.
Within the Rural Tier,nonresidential uses shall be prohibited except those uses allowed in residential
districts and in the CN District may be permitted.The sale of fuel for motor vehicles shall be prohibited.
Municipal solid waste landfill facilities that are constructed and operated in accordance with N.C.
Administrative Code Title 15.A.13.B.Sec. 1600 shall be permitted except when located in a special flood
hazard area.Within the Rural Tier,commercial uses listed in paragraph 5.2.5,Commercial Use Categories,
F/J-B office uses listed in paragraph 5.2.5J,Office Use Categories and industrial uses listed in paragraph 5.2.6,
Industrial Use Categories,that manufacture,distribute,warehouse for distribution,store for on-site use,
or produce as a waste product nuclear material or substantial quantities of hazardous materials(except
when located in a special flood hazard area)shall be subject to the requirements of Sec.8.7,Watershed
Protection Overlay Standards.
E-A;E-A(2) Industrial uses listed in paragraph 5.2.6, Industrial Use Categories,shall be prohibited.The sale of fuel for
motor vehicles shall be prohibited.
Within the Rural Tier,commercial uses listed in paragraph 5.2.5,Commercial Use Categories,office uses
listed in paragraph 5.2.5J,Office Use Categories,and industrial uses listed in paragraph 5.2.6, Industrial
Use Categories,that manufacture,distribute,warehouse for distribution,store for on-site use,or
E-B produce as a waste product nuclear material or substantial quantities of hazardous materials (except
when located in a special flood hazard area)shall be subject to the requirements of Sec.8.7,Watershed
Protection Overlay Standards.
Article 8: Environmental Protection
Sec. 8.5: Riparian Buffer Protection Standards
8.5.4. Riparian Buffers Protected
(LetterA has been omitted as it remains unchanged)
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Attachment B
B. Buffers Protected
1. General Riparian Buffers
a. Riparian buffers as depicted on the table below shall be required adjacent to the
following surface waters: intermittent streams; perennial streams; modified
natural streams; lakes; and ponds including beaver ponds.
b. The table includes the additional buffer width required for certain surface
waters in watershed protection overlays.It does not include the 10-foot setback
required under paragraph 8.5.9C below.
c. A lake or pond shall receive the same buffer as the stream to which it is
connected at the point of initial connection.
d. A gap of 300 feet or less in a stream, as determined by the City or County, shall
receive the same buffer as the upstream portion of such stream, including
culverted or piped streams approved and installed after the effective dates
listed in paragraph 8.5.4C.3.a.
Commentary: UDO Sec. 17.3, Defined Terms, defines "adjacent"as "[p]roperty
abutting directly on the boundary of, touching, or sharing a common point."The
applicable state rules define"modified natural stream"as "an on-site channelization
or relocation of a stream channel and subsequent relocation of the intermittent or
perennial flow as evidenced by topographic alterations in the immediate watershed.
A modified natural stream must have the typical biological, hydrological, and
physical characteristics commonly associated with the conveyance of water."
Key:
P— Perennial
I— Intermittent
NA—Not applicable because not located therein
M/LR-A— Lake Michie/Little River Critical Area
M/LR-B— Lake Michie/Little River Protected Area
E-A, E-A(2)— Eno River Critical Area
E-B— Eno River Protected Area
F/J-A— Falls/Jordan Critical Area
F/J-B— Falls/Jordan Protected Area
Tier Watershed Protection Overlay
None M/LR-A M/LR-B E-A,E-A(2) E-B F/J-A F/J-B
Downtown and Compact Neighborhood
Stream Type P I P I P I P I P I P I P I
Width 50 50 NA NA NA NA NA NA NA NA NA NA 100 50'
Urban
Stream Type P I P I P I P I P I P I P I
Width 50 50 NA NA NA NA NA NA 100 50' NA NA 100 50'
Suburban
Stream Type P I P I P I P I P I P I P I
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Attachment B
Width 50 50 150 50 150 50 150 50 100 50' 150 100 100 50'
Rural
Stream Type P I P I P I P I P I P I P I
Width 50 50 150 50 150 50 NA NA 100 50' 150 100 100 50'
1 Stream buffer minimum of 100 feet if a high density option is utilized per paragraph 8.7.26.1
Sec. 8.7: Watershed Protection Overlay Standards
8.7.1. Applicability
The watershed protection overlay standards of this section shall apply to the Watershed
Protection Overlay as set forth in Sec.4.11, Watershed Protection Overlay.
8.7.2. General Requirements
A. Minimum Lot Size
1. In all Watershed Protection Overlays, except F/J-B and E-B,the minimum lot sizes
indicated in the following table shall be applied in all new subdivisions unless the
subdivision uses the cluster provision in accordance with Sec. 6.7, Cluster
Subdivision, or the conservation subdivision provisions of paragraph 6.2.4,
Conservation Subdivision.
Minimum Lot Size
Rural Tier—
Overlay Rural Tier Rural Village Suburban Tier
M/LR-A 3 acres 20,000 square feet
M/LR-B 3 acres 1 acre 20,000 square feet
F/J-A 3 acres 1 acre
E-A, E-A(2) Not Applicable 20,000 square feet
2. In the F/J-B and E-B overlays, developers of single-family subdivisions shall comply
with the requirements of the underlying zoning district.
B. Impervious Surface Limits
1. Any development in a Watershed Protection Overlay shall be subject to limits on the
amount of impervious surfaces permitted in accordance with the following table.
Development plans, site plans, preliminary plats, and final plats shall clearly identify
the amount of existing and proposed impervious surfaces.
Overlay Low Density Option Impervious Surface High Density Option Impervious Surface Limit
Limit
M/LR-A 6% Not permitted
Rural Tier 6% Not permitted
12% 24%
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Attachment B
Within one-half mile of the normal pool:six Not permitted in the Rural Tier.
percent; 40%,for all areas not in the Rural Tier and for those uses
Between one-half and one mile from the allowed in Sec.4.11.4, Nonresidential Land Use
F/J-A normal pool: nine percent Restrictions;
Nonresidential Land Use Restrictions,intensities greater
than 25%shall require a Major Special Use Permit
pursuant to Sec.3.9,Special Use Permit.
F/J-B, E-B 24% 70%
E-A, E-A(2) 24% Not permitted
Article 12: Infrastructure and Public Improvements
Sec. 12.10: Sedimentation and Erosion Control
12.10.2. Applicability
(Letter A omitted as it remains unchanged)
B. Plan Required
Subject to the exemptions listed in subsection 12.10.2, a sedimentation and erosion control
plan shall be required for any land-disturbing activity within the County, including the City,
if more than 20,000 aggregate square feet will be disturbed, or if 12,000 or more aggregate
square feet will be disturbed in a M/LR-A,M/LR-B,F/J-A,E-A,or E-A2 watershed protection
overlay district.The Sedimentation and Erosion Control Officer or designee may also
require a plan for any land-disturbing activity if it determines that off-site damage is
occurring or the potential for off-site damage exists.A plan may also be required when the
applicant, or a parent, subsidiary, or other affiliate of the applicant, has engaged in any
activity listed in paragraph 3.8.7, Disapproval of Plan.
Less than 12,000 s.f. 12,000 s.f.to More than 20,000 s.f.
20,000 s.f.
Plan MR MR(*R) R
Permit MR R R
MR—May be required when off-site damage is occurring,the potential for off-site damage exists,or if the applicant or a
parent,subsidiary,or other affiliate of the applicant has engaged in any activity enumerated in paragraph 3.8.7,
Disapproval of Plan.
R—Required.
*R—Required in a Lake Michie/Little River Critical Area (M/LR-A), Lake Michie/Little River Protected Area (M/LR-B),
Falls/Jordan Critical Area (F/J-A) and Eno River Critical Areas(E-A;E-A(2)).
(Letters C and D, and Paragraph 12.10.3, Basic Control Objectives, have been omitted as they remain
unchanged)
12.10.4. Mandatory Standards for Land Disturbing Activity
(Letters A through have been omitted as they remain unchanged)
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Attachment B
L. In high quality water(HQW)zones,Lake Michie/Little RiverCritical Area(M/LR-A),Lake
Michie/Little River Protected Area(M/LR-B),Falls/Jordan Critical Area(F/J-A),Eno River
Critical Areas (E-A; E-A(2)), and Third Fork Creek Watershed, uncovered areas shall be
limited at any time to a maximum total area of 20 acres. In high quality water(HQW)
zones, only the portion of the land-disturbing activity within a HQW zone shall be
governed by this section. Larger areas within HQW may be uncovered with the written
approval of the Director of DEQ, Division of Energy,Mineral and Land Resources. Larger
areas within all other zones may be uncovered with the written approval of the
Durham County Erosion Control Office.
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