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5/17/05 Sec. 10-2057. PLANNED DEVELOPMENT CONDITIONAL USE OVERLAY DISTRICT.
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5/17/05

Sec. 10-2057. PLANNED DEVELOPMENT CONDITIONAL USE
OVERLAY DISTRICT.

(a) Approval.

Prior to the establishment of a Planned Development Conditional Use Overlay
District and approval of a Master Plan by the City Council, if the use requires a
site plan, as set forth in §10-2132.2, approval of a site plan is required by either
the administrative staff, the Planning Commission, or the City Council; see §10-
2132.2(b). If the use requires a plot plan, as set forth in §10-2132.2,
administrative approval is required. Subsequent to the establishment of a Planned
Development Conditional Use Overlay District and approval of a Master Plan by
the City Council, a preliminary site plan by the Planning Commission or the City
of Raleigh Council is no longer required if the approved Master Plan conforms
with the Citys Urban Design Guidelines for Mixed-Use Neighborhood and
Village Centers, as established by the Master Plan at the time of rezoning. In this
case, preliminary and final site plan approval shall be obtained from the City
staff. The City staff may disapprove such a site plan if the staff finds that it does
not conform to the Master Plan, to the conditions of the conditional use zoning
district, or to the provisions of this Code. Findings of staff shall be subject to
review by City Council the Planning Commission.
(Ord. No. 1999-616-TC-181, §16, TC-3-99, 8-3-99)

(b) Permitted
Uses.

(1)
Subject to the provisions of §10-2057 and other overlay districts, any use
or sign permitted in the underlying zoning district is allowed in the
Planned Development Conditional Use Overlay District; provided that, all
applicable rules, regulations, standards, and procedures required in the
underlying district are observed; and

(2)
Following the approval by the City Council of a Master Plan, any use or
sign permitted in the Thoroughfare District, residential densities approved
in accordance with §10-2057(d)(1)b., or if otherwise permitted as a special
use in the Planned Development Conditional Use Overlay District and not
prohibited by subsection (c) is allowed in the Planned Development
Conditional Use Overlay District. If any of the uses allowed by the Master
Plan is a conditional use in the underlying district but is not a conditional
use in the Thoroughfare District, then the applicable special regulations
for that use shall be met, unless the approved Master Plan provides
otherwise. If the use requires a special use permit in either the underlying
district or the Thoroughfare District, the same special use permit shall be
required throughout the Planned Development Conditional Use Overlay
District. Following the approval of a Master Plan, the requirements for
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preliminary site plan approval for any use in accordance with §10-2132.2
shall not apply.

(3)
Following the approval by the City Council of a Master Plan,
manufactured homes are permitted in the Planned Development
Conditional Use Overlay District; provided that the Master Plan contains
design standards for each of the following:

a.
Minimum square footage of the manufactured homes.
b.
Maximum building lot coverage.
c.
Height, width, and length of the manufactured home.
d. Landscaping.
e.
Exterior building materials.
f. Foundation
walls.
g. Roof
pitch.
h. Fenestration.
i.
Orientation of manufactured home and doors.
j. Eaves.

If a manufactured home is to be located within four hundred (400) feet of
any lot containing any dwelling, the design standard shall also include a
description of how the color of the manufactured home and its
architectural details which may include porches, decks, railings, dormers,
awnings, shutters, trim treatments, path and driveway design, fences,
walls, decorative appurtenances such as light fixtures and window boxes
will produce a manufactured home design which is congruous with the
character of the dwellings within four hundred (400) feet.

Additional design standards may be included in the Master Plan.
Cross reference:

Application of Planned Development Conditional Use
Overlay District to be noted on recorded subdivision plats §10-3017(b)(15).
(Ord. No. 1995-760-TC-122, §7, TC-20B-95, 11-21-95; Ord. No. 1999-616-TC-181, §17, TC-3-99, 8-3-99;
Ord. No. 1999-690-TC-186, §1, TC-9-99, 11-16-99)

(c) Prohibited
Uses.

The manufacture of:
- Acetylene gas
- Acid
- Ammonia
- Bleaching powder
- Chlorine
- Detergent and cleaning preparations made from animal fats
- Fish meal
- Fireworks or explosives
- Nitrogenous tankage
- Paints, varnish, or shellac which requires distillation or heating of ingredients
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- Phosphates and superphosphates
- Turpentine
- Vinegar
- Mining operations
- Outdoor rifle ranges
- Oil refining and petroleum distillation and bituminous concrete facilities,
excluding oil recycling facilities
- Any use prohibited by an applicable conditional use zoning district, an
applicable overlay zoning district, or both
- Any use or trade, which though properly and safely operated with ordinary care,
according to good and reasonable practice, causes noxious or offensive dust,
fumes, gas, noise, odor, smoke or vibration that substantially interferes with other
lawful uses; provided that, nothing in this section shall be construed to exclude
from this District an electrical generating power plant powered by wind, waste or
solar energy
- Scrapyards and open dumps, not including landfills or sites devoted to receiving
stumps, limbs and leaves and construction debris from on-site
- Signs prohibited in §10-2083.3, signs which do not conform to §10-2083 et seq.,
§10-2084 et seq. or signs not allowed in the Thoroughfare District
(Ord. No. 1994-452-TC-84, §2, TC-17-94, 8-2-94)
- Any use or sign prohibited in the underlying zoning district unless a Master Plan
which is approved by the City Council permits the use or sign
- Any use or sign prohibited by the City Council approved Master Plan
- Any use, sign, and improvement except in conformance with the terms,
conditions, plans, and provisions of the applicable Master Plan
(Ord. No. 1997-137-TC-153, §39, TC-18-96, 6-17-97)

(d)
Area, Density, Bulk, Yard, and Height Requirements.

(1)
Area, density, and bulk.

a. The required minimum net lot area for any dwelling unit and
equivalent unit shall be that established in the Master Plan but in no
event shall these be less than those allowed in the Thoroughfare
District and in any applicable overlay district. Whenever the Master
Plan fails to adopt a minimum net lot area, those of the underlying
zoning district shall be applied.

b. The maximum residential density per net acre shall be that established
in the Master Plan, but in no event shall residential density exceed one
hundred sixty (160) dwelling units per acre. Whenever the Master Plan
fails to adopt a density, those of the underlying district will be applied
to the property.

No increase in residential density greater than forty (40) units per net
acre shall be allowed until after the City Council finds that the
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standards of §10-2132.2(d) are met, and one or more of the following
standards are met.

1. Location.

The proposed development is located within a:

i.
Transit Oriented Development Overlay District; or

ii.
within the core area of a Village Center; or

iii.
at a location where an adopted Small Area Plan
recommends the proposed higher density, as designated by
the Citys Comprehensive Plan,.

2. Historic landmark.

The existing building is a designated historic landmark by the City
in accordance with §10-1053.

3. Elderly and low to moderate income housing.


Either a minimum of fifty (50) per cent of the projects units are
reserved for the elderly or between twenty (20) and thirty (30) per
cent of the developments units are reserved for low and moderate
income households, all in accordance with the regulations of the
United States Department of Housing and Urban Development.

c. The
maximum
floor area ratio and building lot coverage shall be that
established in the Master Plan. Whenever the Master Plan fails to
adopt a floor area ratio and/or building lot coverage, those of the
underlying district will be applied to the property.

All minimum net lot areas and residential densities shall be calculated in
accordance with §10-2073 and are subject to the exceptions listed in §10-
2073(d). Floor area ratios and building lot coverage limitations shall be
calculated in accordance with §10-2072(b): Office, agency or studio of a
professional or business agent, or political, labor, or service association.

(2)
Yard.

The minimum district yard setbacks shall be those established in the
Master Plan. If the district yard setbacks of the underlying district conflict
with any yard setback standard of the Master Plan, the Plan shall control.
Whenever the Master Plan fails to adopt yard setbacks, those of the
underlying zoning district shall be applied to the property.