The Planned Density Residential District (PDR) is established to allow for design flexibility. The district is intended to encourage efficient use of the land and public services and to promote high quality design that will provide a variety of dwelling types as well as adequate support services and open space for the residents of the development. The district regulations are intended to allow innovative development that is integrated with proposed adjacent uses and compatible with existing patterns of development.
Note: PDR ZONING PROCEDURES ARE FOUND IN SECTION 4B.1.12
4B.1.2 Permitted Uses
| 1. | Government facilities, not to include correctional facilities and jails | |
| 2. | Public schools | |
| 3. | Public utility facilities without outdoor storage (City only) |
The specific density in units per gross acre must be included in the application. The maximum allowable density is as follows
| 1. | Rural PDR - generally, for property located outside the Urban Growth Area Boundary, - 3 units per gross acre maximum. | |
| 2. | Urban PDR - generally, for property located within the Urban Growth Area Boundary, - 25 units per gross acre maximum. | |
| 3. | Density specified in the approval is the maximum allowable density. |
| 1. | Gross tract size for initial zoning purposes: | |||
| a. | Within the Central City (as defined on the Official Zoning Map) - 2 contiguous acres minimum | |||
| b. | Outside the Central City - 4 contiguous acres minimum | |||
| c. | Additions to an existing approved PDR District may be made in increments of any size | |||
| 2. | Minimum lot area: | |||
| a. | The PDR District provides for a variety of dwelling unit styles and
support uses without adherence to the lot area and yard requirements
provided in other districts; therefore, no minimum lot area is specified.
However, building separations specified in 4B.1.7 shall be
maintained. Interpretation: PUD/PDR site plans approved prior to 1994 continue to use the property line setbacks for PUD/PDRs approved prior to the effective date of the Merged Durham Zoning Ordinance. (1/1/94) These setbacks are called out either dimensionally on the site plans or in a special conditions box. Additionally, building separations shall be a minimum of 16 feet. | |||
| 3. | Pre-existing dwellings: | |||
| Dwellings that exist prior to the application of a PDR zone which shall remain and not be included in a development plan shall maintain the following minimum standards: | ||||
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| 4. | Lot areas may be increased by the appropriate County Health Department in order to insure adequate sewage disposal. | |||
| 5. | Setback from streets: No building shall be erected, reconstructed, altered or moved nearer to the property line along the street on which such building faces than is indicated in the following table. | |||
| Residential Density in PDR Tract (dwelling units per acre) |
Minimum Distance from Property line Along Front Street (feet) |
|---|---|
| 1.0 - 8.0 | 8 |
| 8.1 - 16.0 | 15 |
| 16.1 - 25.0 | 25 |
| 6. | Minimum side distance from street - 10 feet. | |
| 7. | Accessory buildings shall not be placed in the front yard. | |
| 8. | Setbacks from adjacent property which is residentially zoned but not the PDR zone - 25 foot rear yard and side yards which conform to the requirements of the adjacent residential zone. |
| 1. | Single family detached: The building envelope for each lot shall be shown on the recorded plat. | |
| 2. | The minimum separation between buildings in a PDR District shall be as follows: |
| Minimum Horizontal Distance | |
|---|---|
| Height of Taller Building | Total Distance Between Vertical Projections |
| The Governing Body may reduce separations after consideration of the general bulk and scale in comparison with nearby development. | |
| Between 35.1 and 40.0 feet Between 40.1 and 50.0 feet Between 50.1 and 85.0 feet Between 85.1 and 90.0 feet |
30 feet 60 feet 70 feet 80 feet |
| The vertical projections for each building shall be drawn from that point on each building that is horizontally closest to the other building. | ||
| 3. | Zero lot line developments shall conform to the requirements of Section 8. | |
| 4. | Building separations may be increased by the appropriate Health Department or Inspections Department. | |
| 5. | In order to allow for design flexibility yet assure adequate site size, single family PDR Developments shall identify the building envelope for each lot on the recorded plat. |
Maximum building height shall be 90 feet. Any building over 35 feet shall be identified on the development plan submitted for approval.
4B.1.9 Open Space Requirements
Open space in PDR developments adds to the visual character and uniqueness of each development and allows for recreational and aesthetic enjoyment by the residents. In more densely developed PDR projects, improved open space provides centrally located natural areas, community gathering spots, and play spaces that are integral to the livability of the neighborhoods.
| 1. | Required open space shall be as follows: |
| Residential Density in PDR Tract (dwelling units per acre) |
Percent of Gross Site Area Required as Open Space | |
| 0.00 – 3.00 | 5 | |
| 3.01 – 6.00 | 10 | |
| 6.01 - 10.00 | 12 | |
| 10.01 -16.00 | 15 | |
| 16.01 - 25.00 | 18 |
| 2. | Required open space may consist of any of the following: | |
| a. | Property which is naturally vegetated or revegetated to appear naturally vegetated . | |
| b. | Properties which have severe development constraints or other conditions which affect their usability by residents of the development, including properties in the flood fringe, floodway, water bodies, exceptionally low or wet soils, steep slopes, or properties which are actively farmed may be counted for up to 50% of the total required open space. | |
| c. | Property developed for active recreational purposes (swim clubs, etc.) may be counted for up to 50% of the total required open space. | |
| 3. | PDR developments or subcomponents shall provide improved open space when the median lot size is 6000 square feet or less for detached single family projects, or when the net density is eight units per acre or greater for other residential uses. The improved open space(s) shall be located and placed so that 95% of the residential units covered by this provision are located within a 1300 feet walking distance from an improved open space area. Improved open space shall be on land that is generally dry, with mild topography, suitable for frequent use, and with a minimum of 8000 square feet in land area. The improved open space must include an all-weather walking path, perimeter plantings, and at least two of the following: benches, picnic tables, shelters, gazebos, one or more prepared play areas, play equipment, grassed and landscaped areas, and other similar community amenities. The improved open space(s) shall be accessible and conveniently located within common areas. Improved open space for single-family detached areas shall be located with at least one side having street frontage. Active recreation uses that charge a fee for use may not count towards this provision. | |
| 4. | Streets, driveways and yard spaces provided for the residences may not be counted toward the open space requirement. | |
| 5. | Open space shall be established on the Development Plan with provisions for permanent maintenance either through dedication to a legally established homeowners association, or by dedication and acceptance by a governing jurisdiction for public use, if such dedication is desired by the governing jurisdiction. | |
| 6. | Open space property shall be described and identified by location, size, use and improvements on the Development Plan prior to dedication to an entity identified for permanent maintenance. | |
| 7. | Open space property shall not be disturbed, graded or cleared except in conformance with an approved plan. | |
| 8. | Open space provided to meet the requirements of this section (4B.1.9) may also be used to meet other applicable zoning ordinance or subdivision requirements. | |
A transitional use area shall be established around the perimeter of each PDR District that shall be a minimum of 50 feet in depth. The purpose of this area shall be to insure compatibility with surrounding land uses. Permitted uses in the transitional use area are as follows:
| 1. | Where a PDR District adjoins a Residential Zoning District, only residential development shall be permitted in the transitional use area. The density shall be determined at time of approval. | |
| 2. | Where a PDR District adjoins a nonresidential district such as an Industrial, Commercial, or Office District the permitted use shall be a planted buffer area. | |
| 3. | Where a PDR District adjoins another PDR District, only a single transitional use area is required. The required depth and allowed uses shall be determined at the time of the approval. |
| Certain retail and office uses may be approved for the PDR district when the following conditions are met: | ||
| 1. | The development contains 100 or more dwelling units. The dwelling units may be separate structures from the retail and/or office uses or located in the same structure as the retail or office uses. To assure that the commercial and office uses are supportive of the PDR project, Certificates of Compliance [aka: CO's] shall be issued for at least 25% of the residential units before Certificates of Compliance may be issued for the retail and/or office uses. The DRB may waive this requirement when residences are located in the same building as the retail and/or office uses. | |
| 2. | The retail and office uses must provide street access as deemed adequate by Durham Public Works Department. | |
| 3. | Residences shall be protected from light, glare and noise generated by the retail and office uses in accordance with Section 8.1.15 [Performance Standards] | |
| 4. | Retail and office acreage shall not be used to reduce the calculated residential density in the computation of open space requirements. | |
| 5. | Pedestrian connections shall be provided between the retail and office uses and the dwelling units within the PDR project. To further facilitate access by pedestrians and transit, at least 30% of the parking spaces shall be located to the side or rear of the retail and office structures. | |
| 6. | Blank walls visible from the street and/or parking areas shall be buffered with plantings to lessen their potential for negative effects. Landscaping improvements meeting the same requirements as the landscaping required for vehicle parking areas with exposure to the street [Section 10] shall be provided for parking visible from the street and for all blank walls exceeding 50 feet in length. | |
| 7. | Retail and office uses allowed in the PDR district shall be limited to those uses found in the Office Category and the Commercial Category of Section 4B.2.3 of the Mixed Use [MU] zoning district. Other uses permitted in the PDR district shall also be allowed. The building heights, location, orientation, and building to building spacing, shall be specified in the Development Plan. | |
| 8. | Site design shall foster compatibility between the office and/or retail uses and adjacent residential uses within the PDR. When a retail or office component of the PDR shares a common boundary with a residential component of the PDR, side and rear setbacks of at least 30 feet shall be provided between the nonresidential and residential areas. The setbacks may not be used for parking and shall be landscaped with materials equivalent to a Class 3 buffer as described in Section 10 of this ordinance. Existing healthy vegetation may be used to meet some or all of this requirement. This setback requirement does not apply if the residential uses are within the same building as the retail or office uses. | |
| 9. | Retail and office square footage shall promote a range of services for residents. Therefore, the retail and office component within a PDR project shall not exceed 50,000 square feet and shall be devoted to more than one business to avoid the use of the property for one large establishment and to promote a range of uses. | |
| 1. | A Development Plan in conformance with the requirements of Section 15 shall accompany all petitions for PDR zoning. Approval of any PDR rezoning petition shall be contingent upon approval of the Development Plan by the Governing Body. | |
| 2. | Uses shall be permitted only in the location shown on the approved Development Plan. Development of the property may not begin until a site plan has been approved for that portion of the property. Site plans shall be reviewed for conformance with an approved Development Plan. Should alterations or changes represent a substantial departure from the approved plan, an amendment is required. The same procedures as required for the original approval shall be required for Development Plan amendments. | |
| 3. | Parking and landscaping shall conform to requirements found in Sections 9 and 10 of this ordinance. In addition to the required landscaping, the site plan shall show supplemental trees equal to 1 and 1/2 times the number of dwelling units. Such trees shall be at least 2.5 inch caliper. Existing vegetation this size may be used to meet this requirement. | |
| 4. | In order to provide diversity and to avoid long rows of attached dwellings, no more than 6 contiguous townhouse units shall be allowed with the same setback. Variations in setback must be at least 2 ft. | |
| 5. | Condominiums shall be recorded in accordance with the North Carolina Condominium Act (NCGS 47C). | |
| 6. | Supplementary requirements of Section 7 may apply depending on the type of development. | |
| 7. | Accessory buildings for multifamily developments include but are not limited to: management offices, laundry rooms, and recreation facilities for residents of the development. Accessory buildings must be shown on an approved site plan. |
| 1. | Any manufactured home sites with class type shall be specified on the approved Development Plan. | |
| 2. | Manufactured home subdivisions shall show the orientation of the home to the street in the Development Plans. | |
| 3. | Manufactured homes in parks shall maintain a distance of at least 16 feet between manufactured homes. For the purposes of this Section, added on rooms, porches, and other structures attached to the manufactured home shall be considered part of the manufactured home | |
| 4. | Supporting uses within a manufactured home park shall maintain a side yard of at least 10 feet. | |
| 5. | The boundaries of manufactured home sites in parks shall be clearly identified. | |
| 6. | Development Plans for manufactured home parks and subdivisions shall show lot layouts, and pedestrian walkways that connect the home with any support facilities. |
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