2008-048 - Morrisville

2008-048 BS AMN 08-01 Airport Overlay District revision.doc
Tab I, Version #2
Update Dates: 04/10/08 PZB
5/13/08 & 6/10/08 BOC
Briefing Sheet
Lead Department:
Planning
Subject:
Zoning Ordinance Text Amendment regarding modifying current prohibited
uses, adding certain prohibited uses and requiring soundproofing and an
Avigation Easement for properties that develop in the Airport Overlay District
Action Requested:
Adopt Resolution 2008-048 Consistency Statement and Adopt Ordinance 2008048 amending Part B, Article III, Section 2 – Airport Overlay District, Part C,
Article III, Section 2 – Additional Requirements for Overlay Districts , and Part
E - Definitions of the Zoning Ordinance
Briefing: 5/13/08
Action Officer:
Public Hearing:
Rodney Wadkins, Senior Planner/GIS
5/27/08
Item Schedule
Schedule 1: Brief twice – vote once (six weeks)
Schedule 2: Brief once – vote once (two weeks)
Schedule 3: No briefing required (one week)
Action: 6/24/08
Mark w/ X
X
Board Approved Minutes: To be inserted by the Town Clerk after approval.
Executive
Summary:
This item includes the proposed text amendment:
1) A revision to the Airport Overlay District to make the provisions consistent
with Federal Aviation Administration (FAA) recommendations regarding
incompatible uses, to require soundproofing and an Avigation Easement as
requested by the Raleigh-Durham Airport Authority (RDU), and to allow
existing post secondary educational uses in the Airport Overlay District. The
Planning Department is the applicant for this text amendment.
A Public Comment Session is required at the Planning and Zoning Board meeting and a
Public Hearing is required at the Board of Commissioners meeting per Part D, Article
II, Section 6 of the Zoning Ordinance.
Background:
Update – June 10, 2008
Based on comments received from the Public Hearing and a general consensus from the
Board of Commissioners, staff has updated the language to allow Places of Worship
within the Airport Overlay District under certain provisions (i.e. soundproofing and
when not incorporating a school or a daycare).
Attachment 2 shows the extent of the Airport Overlay with all of the existing
subdivisions surrounding the Overlay area. Note Brier Creek to the northwest of the
airport has only a small portion of the development within the 55LDN where the City of
Raleigh Airport Overlay District regulations do not apply.
Additionally, Attachments 3 and 4 delineate the areas in the Town of Cary, City of
Durham and the City of Raleigh affected by their respective Airport Overlay District
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regulations. Attachment 5 is copies of the Town of Cary, City of Durham and the City
of Raleigh Airport Overlay District regulations. Find below a table that compares the
respective jurisdictions list of prohibited uses within the Airport Overlay District.
Use
Residential
School
Day Care
Church
Museum
Outdoor Storage
Hotel
Flammable Liquids
Correctional Facility
Office
Retail
Restaurant
Cary
No
No
No
No
No
No
Yes
No
No
Yes
Yes
Yes
Allowed in Airport Overlay?
Durham
Raleigh
Morrisville
No
No
No
No
No
No (Pending Revision)
No
No
Yes (Pending Revision)
No
No
No (Pending Revision)
No
No
No
No
No
Yes
Yes
Yes
Yes (w/Soundproofing)
No
No
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Attachments 6 and 7 map 18 days of flight arrival tracks (Runway 5) and 18 days of
flight departure tracks (Runway 23) that directly impact the Town of Morrisville.
Attachment 8 lists considerations regarding whether to allow residential development in
the 65LDN.
Attachment 9 is a report on the Noise Basics and the Effect of Aviation Noise on the
Environment, which discusses annoyance, sleep interference, health effects, property
values, effects on structures, etc. Also, refer to the graph on page 11, which graphs the
percentage of people highly annoyed as the noise level increases. Note the percent
highly annoyed increases exponentially as the noise level increases.
Attachment 10 is an email from Martin Meyer, senior noise specialist with the Louis
Berger Group, which states that even with a mitigation policy “there are pitfalls that
they [the town] may not address in their policy, which they [the town] may be
financially responsible for.” Additionally, he states that “Typically, FAA and HUD
consider residences in areas where DNL is higher than 65 as an incompatible land use.”
Based on a review of current information, ordinance requirements from surrounding
jurisdictions, discussions with Land Use and Transportation Planning consultant Louis
Berger Group, and discussions with the Airport Authority, the Planning Department
does not support revising the Airport Overlay District to allow residential uses within
the 65 LDN and/or 70 LDN noise contours.
Per the Zoning Ordinance:
“The purpose of the Airport Overlay District is to insure the safety and welfare of the
community from annoyance of aircraft noise; danger from falling aircraft, limit land
uses to specific nonresidential uses; confine, to the extent possible, land affected by this
overlay district to industrial, commercial, agricultural or recreational uses which are not
subject to high population concentrations; ensure that such uses are located, designed,
constructed and maintained in a manner compatible with activities associated with air
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traffic and services. The orderly development of land is necessary to achieve the goals
and objectives of the town and the Airport Overlay District is designed to promote the
most appropriate use of land affected by airport activities.
The Airport Overlay District shall include at a minimum the area subject to aircraft
noise levels of 65 decibels or greater, as established by the Raleigh-Durham Airport
Authority. As an overlay district it supersedes the permitted uses and specific
development requirements that would normally be permitted within the underlying
district.”
This amendment revises Part B, Article III, Section 2 – Airport Overlay District, Part C,
Article III, Section 2 – Additional Requirements for Overlay Districts, and Part E Definitions of the Zoning Ordinance.
Upon recent discussions with the RDU Noise Officer it has come to our attention that
the prohibited uses portion of the Airport Overlay District of the Zoning Ordinance
currently allows certain uses (by not specifically prohibiting them) that the FAA deems
incompatible in the 65dnl contour, such as, Day Care Centers, Churches, and Libraries.
Therefore, the incompatible uses have been added to the prohibited list (Section 2.2
(13)(14)(15)).
Additionally, it has come to our attention that at least one post secondary educational
use, which was a fit up in an existing office building, is located within Perimeter Park in
an area that would normally be subject to the current Airport Overlay District
requirements prohibiting education services. However, fit ups within existing buildings
are approved through the permitting process with a general use classification (i.e.
office, business) so staff inadvertently approved the use. Subsequently, the issue was
discussed with the RDU Noise Officer who did not oppose post secondary educational
uses within the Airport Overlay District. The RDU Noise Officer also confirmed that
elementary, middle and high schools should stay as prohibited uses in the Airport
Overlay District. Therefore, for consistency the “Education services” prohibited use
has been struck and replaced with the “Schools, Public or Private use (except for Post
secondary)” from the Permitted Uses Table (Section 2.2 (10)).
Also, two new sections have been added:
A soundproofing provision has been added to clarify that during site plan
review a qualified professional needs to submit a letter detailing proposed
techniques to mitigate airplane noise for the subject building. The
soundproofing provision will apply to all proposed buildings within the Airport
Overlay District (65 LDN).
An Avigation Easement provision has been added at the request of the RDU
Noise Officer. Generally, an Avigation Easement grants the right-of-flight; the
right to cause noise, dust, etc., related to aircraft flight and is used as a
protection measure for RDU.
Finally, two new definitions (Avigation Easement and Post secondary education) have
been added to Part E – Definitions of the Zoning Ordinance.
_________________________________________________________
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Land Use Plan (1999/2004): The proposed amendments are consistent with the
following goals of the adopted Land Use Plan. Goal 2.1.3 – Limiting Noise-Sensitive
Land Uses Within High Decibel Airport Noise Zones: Achieved by adding incompatible
uses to the list of prohibited uses that were previously not included. Additionally, this
goal is achieved by including soundproofing requirements for all proposed buildings
within the Airport Overlay District.
Consistency
Statement:
Transportation Plan (2002): The proposed text amendment is not applicable to this
plan.
Parks, Recreation, Greenways, and Open Space Plan (2006): The proposed text
amendment is not applicable to this plan.
Greenways Plan (2001): The proposed text amendment is not applicable to this plan.
CORE Pedestrian, Bicycle, and Green Space Plan (2005): The proposed text
amendment is not applicable to this plan.
Hazard Mitigation Plan (2004): The proposed text amendment is not applicable to
this plan.
Staff
Recommendation:
The Planning Department recommends approval of the proposed text amendment since
it advances objectives that are consistent with the Town’s adopted plans, and helps to
minimize conflicts between the Raleigh-Durham Airport and nearby land uses.
Board/Committee Review:
Meeting Date:
Minutes:
04/10/08
Planning and Zoning Board
Public Comment:
04/10/08
Action:
04/10/08
(2008-048) Airport Overlay District amendment: AMN 08-01
Mr. Wadkins explained the item as follows:
This amendment revises Part C, Article III, Section 2 – Additional
Requirements for Overlay Districts, and Part E - Definitions of the Zoning
Ordinance.
Upon recent discussions with the RDU Noise Officer it has come to our
attention that the prohibited uses portion of the Airport Overlay District of
the Zoning Ordinance currently allows certain uses (by not specifically
prohibiting them) that the Federal Aviation Administration (FAA) deems
incompatible in the 65dnl contour, such as, Day Care Centers, Churches, and
Libraries. Therefore, the incompatible uses have been added to the
prohibited list (Section 2.2 (13)(14)(15)).
Additionally, it has come to our attention that at least one post-secondary
educational use, which was a fit up in an existing office building, is located
within Perimeter Park in an area that would normally be subject to the
current Airport Overlay District requirements prohibiting education services.
However, fit ups within existing buildings are approved through the
permitting process with a general use classification (i.e. office, business) so
staff inadvertently approved the use. Subsequently, the issue was discussed
with the RDU Noise Officer who did not oppose post secondary educational
uses within the Airport Overlay District. The RDU Noise Officer also
confirmed that elementary, middle and high schools should stay as
prohibited uses in the Airport Overlay District. Therefore, for consistency
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the “Education services” prohibited use has been struck and replaced with
the “Schools, Public or Private use (except for Post secondary)” from the
Permitted Uses Table (Section 2.2 (10)).
In addition, two new sections have been added:
A soundproofing provision has been added to clarify that during site plan
review a qualified professional needs to submit a letter detailing
proposed techniques to mitigate airplane noise for the subject building.
The soundproofing provision will apply to all proposed buildings within
the Airport Overlay District (65 LDN).
An Avigation Easement provision has been added at the request of the
RDU Noise Officer. Generally, an Avigation Easement grants the rightof-flight; the right to cause noise, dust, etc., related to aircraft flight and
is used as a protection measure for RDU.
Finally, two new definitions (Avigation Easement and Post secondary
education) have been added to Part E – Definitions of the Zoning Ordinance.
He added that the Planning Department recommends approval of the
proposed text amendment since it advances objectives that are consistent
with the Town’s adopted plans, and helps to minimize conflicts between the
Raleigh-Durham Airport and nearby land uses.
Public Comment Session
Mr. Prichard opened the public comment session at 6:13 pm.
Armando Tovar, Noise Officer for Raleigh-Durham Airport
Authority
Mr. Tovar stated that he takes no exception to any of the wording
provided by the Planning Department staff. He added, in regards to
clarifying the Avigation Easement, that the way it is defined provides a
release and indemnification of any claims related to any airport
operations including noise. He also stated that they want the Easements
to “run with the land”, so it would not dissipate with the sale of the land.
Becky Barnhill, owns property on Watkins Road
Mrs. Barnhill asked if there were any hard copies of the material being
presented.
Mr. Prichard stated that it could be found online in addition to Mr.
Wadkins handing her a hard copy.
Mr. Prichard closed the public comment session at 6:16.
Mr. Goel asked for a brief summary of what is allowed.
Mr. Wadkins listed the following as some of the allowable uses: office,
hotel (with adequate soundproofing), retail, and restaurant.
Mr. Gretz asked if this is consistent with what is being completed with
the Land Use and Transportation Plan.
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Mr. Wadkins said it was consistent.
Ms. Willis asked if the map showing the decibels was the current noise
levels.
Mr. Wadkins said yes and that it was a composite of the current noise
levels with the assumption of a third runway.
Ms. Willis wanted to verify that the numbers did indeed include the
noise provided by a third runway.
Mr. Wadkins stated that the noise should get quieter as the plane’s
engine technology improves leading to quieter engines.
Mr. Tovar agreed that the numbers are composite numbers that include
past noise as well as future noise and projections for a third runway. In
addition, for the past number of years they have experienced lower
levels of noise due to better technology.
Mr. Roberts asked Mr. Tovar what he meant by “other things” when he
said the avigation easement was to protect the Airport from claims
concerning noise and other things.
Mr. Tovar said just operations in general.
Mr. Prichard asked if anyone wished to discuss that this was a
recommendation from the FAA and a request from RDU, it is an
imposition on those who own land in that area, and there should be a
balance between the two. He asked if someone wanted to build
something knowing it was in the flight path, would we want to prohibit
that.
Mr. Gretz injected that the Planning Advisory Commission talked about
this issue and concluded there is a certain amount of liability to the
Town if uses were allowed that would be detrimental.
Mr. Goel said he feels that in section 2.2 of the permitted uses, numbers
9, 11,12,13,14 should also be allowed if they have adequate
soundproofing.
Ms. Willis said she agreed with Mr. Goel to some extent, that if some of
the uses provided proper soundproofing, they should be allowed.
Mr. Hitchings noted that if some of the uses included outdoor activities,
they would not be able to provide soundproofing, such as a daycare
center having an outdoor play area.
Mr. Gretz added that an additional factor was how long people were at a
particular location. With a hotel, people may only stay one night.
Mr. Tovar agreed that the longer the stay at a particular location, the
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more aggravated people become, which may lead them to take action
against the airport.
Mr. Roberts asked if the list of uses is based on a national standard.
Mr. Tovar stated it is based on national standards and said they were
FAA recommendations. The FAA makes recommendations, but they do
not control local land uses.
Mr. Goel said he could agree that daycares remain excluded because of
the outdoor play factor, but still feels that 9, 11, 12, and 14 should not be
excluded if proper sound barriers are provided.
Mr. Tovar said that a place of worship has generally been on the national
list and does often have outdoor uses. He agrees any building could be
constructed with sufficient soundproofing.
Mr. Goel stated that an exception could be made for uses that to not
include outdoor activities.
Mr. Tovar said the goal was not to block a long list of uses, but that the
list was generated from years of FAA experience.
Mr. Goel said just because a use did not seem to work many years ago
that does not mean it would not be okay today.
Ms. Willis asked if one of the excluded uses has already been built
within the 65 decibel area and it were to change ownership, would it be
able to remain as its current use.
Mr. Hitchings said a change of ownership would not trigger an
application of updated standards.
Ms. Willis asked if the owner wanted to raze the current building or
build a new one, would they be allowed to.
Mr. Hitchings stated that, in reference to the non-conforming uses
section of the zoning ordinance, no non-conforming use may be
extended, enlarged or moved to occupy a different or greater area of
land, buildings, or structures than what was occupied at the time it
became a non-conforming use.
Ms. Willis asked if it would be okay as long as they kept the same
footprint, for instance, if a second story was added.
Mr. Hitchings said any non-conforming building that is damaged by fire
may be reconstructed with the same use if reconstruction begins within
twelve months of the damage, unless the building is damaged more than
50% of its appraised value.
Mr. Gauss added that in the absence of any damage, there is hesitancy to
allow any expansion of a non-conforming use.
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Mr. Gretz asked if what was being said was that one cannot expand a
pre-existing, non-conforming use up to a minimum percentage.
Mr. Hitchings clarified that the ordinance does not allow a
nonconforming use to expand at all, unless the structure has been
damage by fire.
Mr. Tovar added that the Town of Cary has the same standards of not
allowing expansion of non-conforming uses.
Mr. Roberts does not feel that most places of business would go to the
expense of soundproofing so he is okay with the way the Amendment
reads.
Mr. Prichard said he was concerned with the people who were
grandfathered in and asked Mr. Wadkins if he knew who was affected.
Mr. Wadkins said there are some residences on Marcom Drive, some
residences on Airport Boulevard, a few residences on Watkins Road,
totaling approximately 12-15 residences. He said there are quite a few
office buildings, gas stations, retail uses, etc. and the proposed ordinance
would not preclude any development as long as it complied.
Mr. Hitchings noted that the portions of the ordinance that are being
proposed for revision do not affect existing residential uses.
Recommendation:
Motion
Vinnie Goel made a motion to recommend approval of the text
amendment with the exception of not excluding uses 9,11,12, and 14 in
section 2.2 of the permitted uses table, unless sound proofing is
incorporated and approved by the Town. There was no second for the
motion so the motion failed.
Motion
Michael Roberts made a motion to approve the amendment as written
and that it is consistent with the Towns adopted plans. John Gretz
seconded the motion, which passed with four yeas (Peter Prichard, John
Gretz, Catherine Willis, and Michael Roberts), and one nay (Vinnie
Goel).
History of Briefing: This section should only address past briefings, hearings, actions, etc.
Date:
List Attachments:
Discussion/Board Direction:
Attachment 1 – Airport Overlay District - RDU Contours Map
Resource Impact: time/funds/equipment
Staff time required if item is approved:
Low
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Funding Source:
Resources Utilized:
None
Staff Coordination: Mark agree, disagree, comment or reviewed. (2nd Briefing is used when
information has significantly changed from one briefing to the next.)
Required
Staff Member
1st Briefing
2nd Briefing
X
Town Manager
Agree
X
Town Clerk
Agree
X
Senior Director Business Management
Reviewed
Budget and Analysis Manager
Information Technology Director
Contracting and Purchasing Manager
X
Senior Director Development Services
Agree
X
Planning Director
Agree
Town Engineer
Building Codes Administrator
Economic Development
X
Senior Director Community Services
Reviewed
Risk Manager/Safety Officer
Police Chief
Fire Chief
Parks & Recreation Director
Public Works Director
X
Public Information Officer
Reviewed
Town Attorney
If disagreeing, explain:
Public Information Plan: Answer the following questions and notate the level of PI Plan needed
Question
YES or NO
Does the item’s subject matter affect the majority of our population?
N
(Note: specify the target audience within the Executive Summary section above.)
Would action have a direct effect, positive or negative, on community services?
N
Does the item propose an internal policy change?
N
Does the item propose an external policy change that would result in an amendment to
Y
our town codes, ordinances, Land Use Plan, or Zoning Map?
Does the item require an appropriation of funds equal to or over $90,000?
N
Will/does the item relate to a Capital Improvements Project?
N
Are there any ordinance or general statute requirements for public notification?
Y
(Note: If so, cite the ordinance or general statute language within the Executive Summary section
above.)
Does the item require a Public Hearing?
Y
Will there be a public forum session held on the subject to gather input?
N
Public Information Plan
Mark w/ X
“Get Noticed” - five or more YES answers
“Legal Ease” - three or four YES answers
X
“Standard Issue” - two or less YES answers
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TOWN OF MORRISVILLE
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PO BOX 166
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MORRISVILLE, NC 27560
ORDINANCE 2008-048 OF THE MORRISVILLE TOWN BOARD OF
COMMISSIONERS PERTAINING TO AMENDING PART B, ARTICLE
III – OVERLAY DISTRICTS, PART C, ARTICLE III – ADDITIONAL
REQUIREMENTS FOR OVERLAY DISTRICTS AND PART E –
DEFINITIONS OF THE MORRISVILLE ZONING ORDINANCE (AMN
08-01)
WHEREAS, the Town of Morrisville is proposing a zoning text amendment to amend Part B, Article
III, Section 2 – Airport Overlay District, Part C, Article III, Section 2 – Additional Requirements for
Overlay Districts, and Part E - Definitions of the Zoning Ordinance; and
WHEREAS, this zoning text amendment was considered and was the subject of a public comment
session by the Planning and Zoning Board of the Town of Morrisville on April 10, 2008; and
WHEREAS, the Planning and Zoning Board has forwarded a recommendation of approval on April 10,
2008 for this zoning text amendment to the Board of Commissioners for action; and
WHEREAS, this zoning text amendment was duly advertised and was the subject of a public hearing
by the Board of Commissioners of the Town of Morrisville on May 27, 2008; and
WHEREAS, the Board of Commissioners of the Town of Morrisville considered this zoning text
amendment on May 13, 2008 and June 10, 2008 and was deferred to the June 24, 2008 Town Board
meeting for action:
NOW THEREFORE BE IT ORDAINED that the Board of Commissioners of the Town of
Morrisville hereby amend Part B, Article III – Overlay Districts, Part C, Article III, Section 2 –
Additional Requirements for Overlay Districts, and Part E - Definitions of the Zoning Ordinance as
follows (Crossed-out text is deleted, red, underlined, italicized text is added):
Morrisville Zoning Ordinance
Part B, Article III – Overlay Districts
Section 2.
Airport Overlay District
The purpose of the Airport Overlay District is to insure the safety and welfare of the community from
annoyance of aircraft noise; danger from falling aircraft, limit land uses to specific nonresidential uses;
confine, to the extent possible, land affected by this overlay district to industrial, commercial,
agricultural or recreational uses which are not subject to high population concentrations; ensure that
such uses are located, designed, constructed and maintained in a manner compatible with activities
associated with air traffic and services. The orderly development of land is necessary to achieve the
goals and objectives of the town and the Airport Overlay District is designed to promote the most
appropriate use of land affected by airport activities.
The Airport Overlay District shall include at a minimum the area subject to aircraft noise levels of 65
decibels or greater, as established by the Raleigh-Durham Airport Authority as delineated on the Town
of Morrisville RDU Contours Map. As an overlay district it supersedes the permitted uses and specific
development requirements that would normally be permitted within the underlying district.
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TOWN OF MORRISVILLE
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PO BOX 166
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MORRISVILLE, NC 27560
Part C, Article III – Additional Requirements for Overlay Districts
Section 2.
Airport Overlay District
2.1
Most Restrictive Regulations Apply: Wherever regulations of the Raleigh-Durham Airport
Authority differ from the regulations of this Ordinance, the more restrictive regulations shall
apply.
2.2
Prohibited Uses: All land uses permitted in the underlying zoning district are allowed except
the following prohibited uses:
(1)
New residential construction (including mobile homes)
(2)
Rooming and boarding houses
(3)
Nursing and personal care facilities
(4)
Hospitals
(5)
Correctional institutions
(6)
Petroleum refining and related industries (including aboveground
storage tanks)
(7)
Hotels and motels (unless soundproofing is incorporated and
approved by the town per Section 2.5, below)
(8)
Theatres (except where soundproofing is incorporated and approved
by the town per Section 2.5, below)
(9)
Amusement and commercial and private recreation services (except
low intensity uses such as golf courses and stables)
(10)
Education services School, Public or private (except Post secondary
educational institutions where soundproofing is incorporated and
approved by the Town per Section 2.5, below)
(11)
Private clubs
(12)
All public assembly uses that do not provide services necessary to
the traveling public.
(13)
Day Care Center
(14)
Place of Worship (except where soundproofing is incorporated and
approved by the Town per Section 2.5, below and where the Place of
Worship does not incorporate a School, public or private, or a Day
Care Center)
(15)
Library (except where associated with Post secondary educational
institutions and where soundproofing is incorporated and approved
by the Town per Section 2.5, below)
2.3
Lighting: All outdoor lighting shall comply with FAA regulations, and shall be shielded in such
a manner that direct glare from the light source is minimized. All proposed lighting shall meet
the minimum specifications of Part C, Article XV of the Zoning Ordinance. Said restrictions
shall not apply to warning lights such as those installed in towers, tall buildings, and similar
structures, to mark obstructions to aircraft.
(Amended 2/26/07, ORD #2007-002)
2.4
Flammable Substances: All flammable liquids, gases, or other dangerous chemicals shall be
stored underground in order to reduce the hazardous consequences of an airplane crash. It is the
intent of this subsection to prohibit land uses such as aboveground “tank farms,” gasoline or
fuel oil distribution centers, warehousing of explosives, etc.
2.5
Soundproofing: During site plan review for development within the Airport Overlay District, a
letter describing sound mitigation techniques to be employed on the building(s) shall be
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TOWN OF MORRISVILLE
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PO BOX 166
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MORRISVILLE, NC 27560
submitted by a qualified professional. Upon receipt staff shall forward the letter describing
sound mitigation techniques to the Noise Officer with the Raleigh-Durham Airport Authority
(RDU) for review and comment. Based on any comments from RDU, revisions to the sound
mitigation techniques may be necessary in order to adequately mitigate noise within the
development.
2.6
Avigation Easement: Developers whose property is within the Airport Overlay District shall
grant an Avigation Easement to the Raleigh-Durham Airport Authority for the subject property,
and each parcel subdivided off the subject property, that is mutually satisfactory to both
parties. Prior to the release of the first certificate of occupancy for any building on the
property, the developer shall provide a copy of the executed Avigation Easement to the Town.
Part E – Definitions
Avigation Easement: A property right acquired from a land owner that grants the right-of-flight; the
right to cause noise, dust, etc., related to aircraft flight; the right to restrict or prohibit certain lights,
electromagnetic signals and bird-attracting land uses; the right to unobstructed airspace over the
property above a specified height and the right of ingress/egress upon the land to exercise those rights.
Post Secondary education: The non-compulsory educational level following graduation from a high
school. Post secondary education is normally taken to include undergraduate and postgraduate
education, as well as vocational education and training. Examples of institutions that provide postsecondary education are vocational schools, community colleges and universities.
Adopted this 24th day of June 2008.
______________________________
Jan Faulkner, Mayor
ATTEST:
_____________________________
Diana R. Davis, Town Clerk
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TOWN OF MORRISVILLE
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PO BOX 166
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MORRISVILLE, NC 27560
RESOLUTION 2008-048 OF THE MORRISVILLE TOWN BOARD OF
COMMISSIONERS PERTAINING TO THE ADOPTION OF THE PLAN
CONSISTENCY REVIEW STATEMENT FOR A PROPOSED ZONING
ORDINANCE TEXT AMENDMENT FOR ADDITIONAL
REQUIREMENTS FOR OVERLAY DISTRICTS AND DEFINITIONS
(AMN 08-01)
WHEREAS, the Town of Morrisville is proposing a zoning text amendment to amend Part B, Article
III, Section 2 – Airport Overlay District, Part C, Article III, Section 2 – Additional Requirements for
Overlay Districts, and Part E - Definitions of the Zoning Ordinance; and
WHEREAS, effective January 1st, 2006, North Carolina General Statute 160A-383 requires that “prior
to adopting or rejecting any zoning amendment” each local governing board “ shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest”; and
WHEREAS, this text amendment was considered by the Planning and Zoning Board of the Town of
Morrisville and was the subject of a public comment session on April 10, 2008; and
WHEREAS, the Planning and Zoning Board forwarded a recommendation of approval to the Board of
Commissioners on April 10, 2008; and
WHEREAS, this text amendment was duly advertised and was the subject of a public hearing by the
Board of Commissioners of the Town of Morrisville on May 27, 2008 where it was duly considered and
was deferred to the June 24, 2008 Town Board meeting for action:
NOW, THEREFORE, BE IT RESOLVED BY THE MORRISVILLE TOWN BOARD OF
COMMISSIONERS THAT The Plan Consistency Review Statement included below is adopted:
Plan Consistency Review Statement for Proposed Zoning Text Amendment
The Airport Overlay District text amendment is consistent with the Town of Morrisville’s adopted
plans.
As a result, the adoption of the proposed zoning text amendment is reasonable and in the public interest.
Adopted this 24th day of June 2008.
______________________________
Jan Faulkner, Mayor
ATTEST:
_____________________________
Diana R. Davis, Town Clerk
Attachment 1
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DELTA RID GE
DELTA RID GE TO WNH OM ES
VERZINO
BRECKEN RIDG E
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BROO KH AVEN
MA SO TA
CO
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PS
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SHI LO H GR OV E
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PRO VID ENCE PLAC E
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SUM M ERWO OD TOWN HO MES
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VA N TH O MA S
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VILLAG E O N TH E G REEN
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LEA D MIN E LA KE
WILLO W RID GE
WO OD HA IZE
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ALEXA ND RIA SQ UA RE
WILLO W RU N SO UTH
OLD ENG LISH D OWN S
MO UN TAIN BRO OK
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SIX F ORK S NO RTH
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NEWTO N PAR ISH TOWN HO MES
WED GES AT GR EY STO NE
NO RTH VALLEY
LYN NBR OO K
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CRAB TR EE PIN ES
LO ST VA LLEY
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LA KE LYN N TOWN ES
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CHA DLEIGH P OI NTE
NO RTH PA RK
BROO KD ALE
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SUM M ER FIELD NO RTH
CROWN O AK S TO WNH OM ES
CLA N DO N FO REST
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YESTER OA KS
STON E Q UA RTER AT G REY STON E
BEM BRID GE
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WY CO MBE MA NO R TO WN H OM ES
CHA DWICK TO WN HO M ES
BAK ERS LAN DIN G GREY STON E
BLU FF RID GE AT G REYS TON E
SUM M ERWIN DS
BAILEYC ROF T
DA RTM OO R
WIN DS OR WO OD S
VESTAV IA WO OD S
STON EHAVEN
BRITTA NY WOO DS TOWN HO MES
LAY TO N G LEN
A W K ELLY HEIRS
OLD STO NE C ROS SIN G
PA RK LYN WO OD S
STON EHENG E TOWN HO MES
BARR ING TO N WOO DS
MA DIS ON PA RK PH 1
CARR IAG ES AT ALLY NS LA ND ING
SAN D Y LA ND V ILLA GE
COLD S PRIN GS ES TATES
SIX F ORK S HILLS
J W BELCH
PICK WICK VILLA GE
MBCB
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WIN DS OR RID GE
HA MP TO N OA KS
LYN N PO INTE
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WETH ER BURN WO OD S
CARR IAG E BLUF FS
BRITTA NY ESTATES
PIN EC REST TOWN HO MES
PATS BRA NC H
CROS SWIN DS
STON EHENG E
WES TLA KE VILLAG E
BRITTA NY WOO DS
WILD ERS RID GE
GLENWO OD S TATION
BEN T TREE S OU TH
BOU RNEM OU TH HEIG HTS
RICHM ON D H ILL
STON EHENG E O N THE PA RK
WES TLA KE VILLAG E II
NO RTH F ORES T
EM ERALD P OIN T
STON EHENG E
GLEN BARTON
NO RTH WES T WOO DS
UM STEAD RI DG E
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MU RRAY HILL AT CRO SS WIND S
WES TLA KE RESERVE
TAN GLEWILD
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WETH ER BURN
WO OD S OF WES TLA KE
WES TLA KE PO INT
DU RSTON
CARR ING TO N RID GE TO WNH OM ES
WEN TWO RTH PARK
TRA EMO OR M AN OR
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EVA NS M ILL
WES TLA KE COM M ON S
KIN GS LA ND
WAYN E TIMB ER LA KE LOTS
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TO WNES AT UM STEAD
WILD WOO D ESTATES
SAN D Y C HA SE
PIN EC REST
CROS S GATE
WY ND HA M
STON EY M AN OR
STEEP LECHA SE
NO RMA N ESTATES
CLA RID GE
COU NTRY RIDG E ES TATES
GLEN VA LLEY
SPR ING STON E
ROBERT D K ING
BAYLEAF F ORES T
HERITA GE PO INT
BRAN DO N STATIO N
TWO CO URTS
TH E CO VE AT LO NG LA KE
LO NG LA KE COU RTS
1
20
TH E V IEWS
CORN ERSTO NE TERRA CE
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TH E M EAD OWS AT LON G LA K E
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WILD WOO D VA LLEY
VILLAG E AT PIN ECREST
FOR ES T TRA IL ESTATES
1830 A SS OCIATES
CAM BRID GE
GRAY SO N
LEESV ILLE RO AD
SPR ING DA LE WOO DS
BELM ON T RID GE
SUTTO N ES TATES
WILD WOO D GREEN
SPR ING DA LE ESTATES
EA STWIN DS AT PIN ECREST
FERNWO OD
SAN D HU RST
SHA N NO N WO OD S
HERITA GE PO INT ES TATES
JENN IES WAY
CHELSEA
BRIDG EPO INT SO UTH
WILD WOO D RID GE
BRIDG EWATER
TH E S AN CTUA RY
JOS EPH E JA COBS J R
GLENWO OD CRO SS IN G TO WNH OM ES
HENLEY
JAS PER BU RTO N
HENRY N M ARTIN
BREELA ND PA RK
HEAD LAW
PA RK AT WES TGATE
70
WY ND FIELD
PA NO NI A
STILLWATER LA ND ING
WY ND CRO FT
MY RON H AR RIS
SPR ING DA LE GA RD EM S
VILLAG E AT WES TGATE
WES TCHA SE
RON DEA U WO OD S
WY ND FIELD III
SHA N NO N WO OD S
GLEN VA LLEY P H2
ROU ND TREE
WY NB ROO KE
WO OD S OF TIF FAN Y
STILLWATER LA ND ING P HA SE 3
WILLO W WIND S
DU NH ILL
WES TWIN D
BRIDG EPO INT NO RTH
DEERV IEW F ORES T
TH E PA RK AT MA CON R IDG E
CARLS WOO D FARM
ASH WORTH ESTATES
BALI
BAILEY GRO VE
TO RRY HILL
WY NB ROO KE PH 3
CAM DEN PA RK
TERRA ZO
JAM ES BA ILEY
MA CON S PATH
MAY NA RD PU RYEAR
HA RRING TON P OIN TE
LEN NO X AT B RIER C REEK TO WN HO M ES
WATERF ORD ES TATES
ATH ERTON
COBB LE CREEK
WY NF IELD A DD ITION
BAYTREE
PA LOM INO G AI TS
PST
BRIER C REEK COU NTRY CLUB
TIM BERLIN E NO RTH
JOE S JO NES
STON EBRIDG E
CED A R VALLEY
HAWKS N EST
R D S EVERE
FARM RID GE
DO MIN ION PA RK
TRO TTER S RIDG E
STON E CREEK
KIN G LA R
WO OD LAWN
ALEXA ND ER P LACE TO WNH OM ES
NO RTH FA LLS
HY DE PA RK
M
ROS E H ALL
MO UN T VERN ON
BAYF IELD P HA SE ON E
CREED M OO R CR ES T
WO OD VA LLEY
CHA RLES TON H OM ES AT A LEX AN DER PLA CE
HA MILTO N HEIG HTS
MA RK J COS TIN
OLDE CREEDM OO R
WO OD VALLEY
HICK ORY GR OV E
LEESV ILLE FO REST
MA RTIN DA LE
STON EGATE
BYRU M WOO DS
STON EMO OR PH 2
COA CHM AN S TRAIL
CHA ND LER P OIN TE
STON EMO OR
BARS AN LAW ACR ES
WED GEF IELD
ALPIN E F ORES T
PA RK RID GE
FOX RUN
DO WN S AT HA RRIN GTON G RO VE
GLEN AT H AR RING TON G ROV E
T5
5
PS
NO RWO OD ES TATES
BRAS SF IELD
SHA D Y G RO VE
COM MO NS AT H ARRI NG TO N GR OV E
LEESV ILLE RID GE
LAY TO N ACR ES
GEOR GES GR AN T
REG IS TRY AT BAI LEY FA RM PH 1
CHRIS S PI LM AN
CARM ELL FO REST
NO RWO OD TRA CT
NO RWO OD K NO LLS
SILV ERTO N
W J DU NH AM
DO WN IN G PLAC E
CHATSWO RTH P H2
CHATSWO RTH P H1
NO RWO OD C RES T
SHELTO N BA REF OO T
STON EMO OR PH 3
BARTON S CREEK BLUF FS P H8
VA LE AT HA RRIN GTON G RO VE
LEESV ILLE H OLLOW
TELLURI DE
BARTON S CREEK BLUF FS P H7
ARBO R AT H AR RING TO N G ROV E
BLU FF S AT HA RRIN GTON G RO VE
CREST M IS T MA NO R
HAWTHO RNE
BARTON S CREEK BLUF FS
WO OD S AT HA RRIN GTON G RO VE
PERRY
FARM WOO D A CRES
PS
2010 RDU Runways
LDN 55 contour
LDN 60 contour
LDN 65 contour
LDN 70 contour
Morrisville ETJ
Existing Subdivision
LA UR DA NE ES TATES
ES TATES OF H ARRI NG TO N GR OV E
JAM ES & AN N SH O AF
REG IS TER AT BAILEY FAR M PH 2
BAYLEAF TRA IL
NO RWO OD O AK S
BED FO RD
LIN VILLE PH2
ED INB URG PA RK
T5
5
RDU Noise Contours
TWO M INO R
BARTON S CREEK BLUF FS
FOR ES T AT VIC TO RY C HU RCH
Attachment 2
MO ORLA ND S
SHELD ON P OIN T
LIN VILLE PH1
BLA CK H ORS E RU N
CHESTN UT OA KS
Legend
SAD D LERID GE
HU NTER H ILL
BOU LDER LA KE
BOU LDER CREEK
BON CEK
FLY TH E H ILLS
FORTY ACRES
WAK E H ILLS
OX FO RD PARK
RIDG ECREST
WH ITE O AK F ORES T
BLO O MS BURY
HAYES BA RTO N
OX FO RD PARK
WH ITA KER PARK
VILLA PA RK
OX FO RD PARK
VA NG UA RD PAR K
HI MO UN T
GEOR GETOWN
September 2006
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Wa
Co
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Attachment 3
ty
un
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Co
nty
§
¦
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540
70
£
¤
§
¦
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540
County Line
§
¦
¨
40
Proposed Runway
¯
Airport Overlay Districts
0
1,500
1" = 3000'
3,000
Airport Overlay Districts with
Composite Noise Contours
Raleigh-Durham International Airport
Map Document: (Y:\DATA\OverLay_Dstrct\Overlay_map_with_65_DNL_042908.mxd)
5/8/2008 -- 2:04:31 PM
6,000
Composite Noise Contours
55 DNL
60 DNL
65 DNL
70 DNL
Raleigh
Cary
Durham
Morrisville
Wake County Parcels
within Morrisville ETJ
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Du
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Wa
Co
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Attachment 4
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540
§
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70
£
¤
§
¦
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540
County Line
40
§
¦
¨
¯
0
1,500
1" = 3000'
3,000
Airport Overlay Districts with
Composite Noise Contours
Raleigh-Durham International Airport
Map Document: (Y:\DATA\OverLay_Dstrct\Overlay_map_with_65_DNL_042908.mxd)
5/14/2008 -- 2:32:36 PM
Composite Noise Contours
55 DNL
60 DNL
6,000
65 DNL
70 DNL
Extended Runway Center Lines
Existing
Future
Proposed Runway
Airport Overlay Districts
Raleigh
Cary
Durham
Morrisville
Wake County Parcels
within Morrisville ETJ
Attachment 5
Town of Cary, NC
4.4.5 Airport Overlay
A)
Purpose and Intent
The Airport Overlay is established to accomplish the following purposes:
(1)
To limit allowable land uses in the immediate vicinity of Raleigh-Durham
International Airport to non-residential uses, such as industrial, agricultural,
commercial, or conservation uses, which are not subject to high population
concentrations, and to keep residential and institutional uses from developing in
those areas that are subject to the highest levels of aircraft noise;
(2)
To ensure that such uses are located, designed, constructed, and maintained in a
manner that does not impair the safe operation of the airport;
(3)
To ensure that such uses contribute to the attractiveness of the roadside, which will
in turn contribute to and enhance trade, tourism, capital investment, property values,
and the general welfare; and
(4)
To ensure that such uses are in compliance with the Raleigh-Durham International
Airport Height Zoning Ordinance and other supplemental regulations.
(B)
Location and Applicability; Compliance Required
The Airport Overlay is an overlay district that applies over lands in the vicinity of the
Raleigh-Durham International Airport. The boundaries of the Airport Overlay shall be
shown on the Official Zoning Map.
(C)
Process for Reviewing Developments; Approval by the Raleigh-Durham Airport
Authority
(1)
Raleigh-Durham Airport Authority Approval
The authority shall be involved with the review of site and/or subdivision plans and
building permits for structures over 50 feet as measured to the highest part of the
structure. The following requirements are to ensure compliance with the authority’s
ordinances.
(2)
(D)
(a)
No development plansite and/or subdivision plan for property located within
the Overlay may be approved unless notification has been received from the
Airport Authority that the development complies with its Height Zoning
Ordinance and any other supplemental regulations that may apply. The
applicant is required to secure and provide the necessary documentation from
the Authority on compliance with its ordinances to the Planning Director.
(b)
No building permit shall be issued for establishment of a structure or
expansion of an existing structure at a height of greater than 50 feet unless
there has first been issued by the Raleigh-Durham Airport Authority (1) a
permit for the structure under the provisions of its ordinances, or (2) a
determination that a permit is not required for the structure.
Supplemental Regulations of the Raleigh-Durham International Airport
Authority
All development within the Airport Overlay shall also comply with the airspace
regulations adopted by the Raleigh-Durham International Airport Authority, as may
be amended from time to time, which are incorporated herein by reference.
Whenever said airspace regulations impose more stringent requirements or
limitations than are required by this Ordinance, the provisions of the airspace
regulations shall control.
Prohibited Uses and Structures
(1)
Prohibited Uses
Attachment 5
(2)
(E)
(a)
Residential uses, including all forms of dwellings, manufactured homes,
mobile homes, nursing homes, and life care communities;
(b)
Places of public assembly and institutional uses including schools, colleges,
churches, day care centers, clubs and lodges, libraries, museums, and
hospitals, but not including arenas or stadiums for sporting events;
(c)
Indoor and outdoor amusement establishments;
(d)
Guest houses;
(e)
Correctional or penal institutions;
(f)
Radio and television broadcasting stations;
(g)
Landfills or quarries;
(h)
Warehousing/above-ground bulk storage of explosive, hazardous, flammable,
or combustible materials, and related facilities or operations that could pose a
threat to the welfare of the public in the event of an aircraft crash or other
mishap;
(i)
Petroleum refining and other related uses that may be susceptible to
explosion or fire;
(j)
Outdoor storage of certain goods and materials, including but not limited to
the following: oxides; coal; ores; minerals; produce; furniture; flammable or
combustible building supplies; paper and frame products; or wrecked,
dismantled or partially dismantled vehicles.
(k)
Wildlife sanctuaries, refuges, and other uses that may be an attractant to
birds.
Prohibited Lighting
(a)
Any moving, pulsating, flashing, rotating, or oscillating light, other than
navigational markings or lights marking potential obstructions in accordance
with Federal Aviation Administration requirements;
(b)
Flood lights, spot lights, or other lighting devices which are not shielded so as
to prevent illumination in an upward direction;
(c)
Any lights which make it difficult for pilots to distinguish between airport lights
and others, results in glare in the eyes of pilots using the airport, impairs
visibility in the vicinity of the airport or otherwise in any way endangers or
interferes with the landing, takeoff or maneuvering of aircraft intending to use
the airport.
(3)
Prohibited Electronic Signals
Any electronic impulse or signal which interferes with radio communications between
aircraft and the airport, or which interferes with established navigation aids, is
prohibited in the Airport Overlay.
(4)
Prohibited Structures
Structures in excess of the applicable height limit established for the Zones specified
in the “Raleigh-Durham International Airport Height Zoning Ordinance” adopted by
the Raleigh-Durham Airport Authority and as may be amended from time to time by
the Raleigh-Durham Airport Authority are prohibited in the Airport Overlay. Structure
means an object, including a mobile object, constructed, or installed by man,
including, but not limited to, buildings, towers, cranes, earth formations, and
overhead transmission lines.
Nonconforming Uses and Structures
Nonconforming uses and structures may be continued in the Airport Overlay in accordance
with Chapter 10 of this Ordinance. However, no building permit shall be issued that would
Attachment 5
allow the expansion of a structure or use that does not comply with the requirements of this
Ordinance.
(F)
Location of Buildings and Parking Areas
All buildings and structures located in the Airport Overlay shall meet the minimum setback
requirements of the underlying zoning district and any other applicable setback
requirements set forth elsewhere in this Ordinance. All parking areas in the Airport Overlay
shall be located no less than 30 feet from the right-of-way of a major thoroughfare.
Attachment 5
Durham Airport Overlay
Source: Zoning Ordinance Section 5.1
Overlay Districts
5.1 Airport Overlay5.1.1 Purpose
The Airport Overlay District is established to contribute to the safe
operation of airports, to facilitate orderly development around airports,
and to control and minimize impacts on surrounding activities. It is
also the intent of this district to encourage land use patterns which are
appropriate for the airport vicinity and public safety by avoiding
concentrations of population. Standards are provided to ensure an
attractive entrance to the area in order to encourage trade and
commerce and thereby maintain economic vitality.
5.1.2 Applicability
The Airport Overlay District applies to properties in the vicinity of
Raleigh Durham Airport. The specific boundaries are defined on the
Official Zoning Map and are imposed on property as an addition to the
underlying zoning district. The boundaries generally follow physical
boundaries which are identifiable on the landscape and are related to
the airport noise contours as determined by the Raleigh Durham
Airport Authority. The Airport Overlay District is divided into 2
subdistricts which are further described below:
Area A - shall be that area generally found within the 65Ldn of the
Raleigh Durham Airport and shown on Official Zoning Map.
Area B - shall be that area generally located outside the 65Ldn but
within the 60 Ldn of the Raleigh Durham Airport and shown on the
Official Zoning Map.
5.1.3 Permitted Uses
All uses permitted in the underlying district are permitted with the
exception of those uses described below.
5.1.4 Prohibited Uses in Area A.
All uses allowed in the underlying district are allowed except for the
following:
1. Places of public assembly not designed for airport patrons including
but not limited to: day care centers, schools, hospitals, places of
worship, theaters, museums, libraries, and stadiums.
2.
Places of residence including, but not limited to single family
homes, multifamily homes, manufactured homes, convalescent
centers, group homes, and family care homes.
3. Recreational establishments not designed to serve airport patrons.
4.
Correctional facilities or jails.
5.
Radio and television broadcasting facilities.
Attachment 5
6.
Landfills or quarries.
7. Above ground bulk storage of explosive, hazardous, or flammable
materials and related facilities which could pose a threat to the
public in the event of an aircraft crash.
8. Storage yards for oxides, coal, stone, concrete mixing supplies,
asphalt plants, building supplies and dismantled vehicles.
5.1.5 Prohibited Lighting in Area A and B.
1. Any moving, pulsating, flashing, rotating, or oscillating light, which
may interfere with air traffic other than navigational markings or
lights marking potential obstructions in accordance with Federal
Aviation Administration requirements.
2.
Flood lights, spot lights, or other lighting devices which are not
shielded so as to prevent illumination in an upward direction.
3. Any light which constitutes a "misleading light" within the meaning
of Federal Aviation Administration regulations.
5.1.6 Prohibited Electronic Signals in Area A and B
Any electronic impulse or signal which interferes with communications
between aircraft and the airport, or which interferes with established
navigation aids.
5.1.7 Prohibited Heights in Area A and B
Structures and signs of a height which obstructs the takeoff and
landing of aircraft, as determined by the Federal Aviation
Administration.
5.1.8 Additional Requirements
1. The Raleigh Durham Airport Authority shall have the opportunity to
review applications for rezoning, subdivision, or site plan approval
prior to a decision by the approving authority. All development
within the Airport Overlay District shall also comply with the
airspace regulations adopted by the Raleigh-Durham Airport
Authority. Whenever said airspace regulations impose more
stringent requirements or limitations than are required by this
ordinance, the provisions of the airspace regulations shall prevail.
2. Proposals for rezoning applications for residential zones within area
B shall demonstrate that aircraft noise exposure within the
dwellings shall not exceed decibel levels of 45 Ldn and be certified
by an acoustical engineer or a board certified member of the
Institute of Noise Control Engineering. Measures for reducing noise
exposure may include: orientation of structures, design standards,
landscaping, or construction materials used in walls, windows,
doors, roofs, floors, or ceilings. Design guidelines for noise
reduction are available from publications of the RDU Airport
Authority.
Attachment 5
3.
Proposals for residential zoning or residential development within
Area B shall demonstrate that purchasers of the dwellings will be
notified that the property may be subject to noise exposure from
aircraft using Raleigh Durham Airport. Measures used to notify
purchasers may include notices on plats or deeds.
4. Development shall meet the requirements of the underlying zoning
district in addition to the requirements of the Airport Overlay
District.
5. Nonconforming uses may be continued subject to the regulations
found elsewhere in this ordinance. However, no building permit
shall be issued which would allow a greater hazard (for example:
more units, or brighter lighting) to airport safety than existed at the
time of adoption of this ordinance.
Attachment 5
CITY OF RALEIGH AIRPORT OVERLAY
Source: Code of Ordinances; City of Raleigh, NC
ARTICLE B. ESTABLISHMENT OF ZONING DISTRICTS.
Sec. 10-2011. ENUMERATION AND DESCRIPTION OF DISTRICTS;
DESIGNATION OF DISTRICTS ON OFFICIAL ZONING MAP.
(a) Criteria for Zoning Districts.
For the purposes set forth in §10-2001 theCity is divided into zoning districts taking into
account the design, size and/or location of one or more of the following :
(1) Sanitary sewer and stormwater drainage structures;
(2) Water mains for purposes of extinguishing fires, and for consumption;
(3) Fire stations and their equipment;
(4) Police protection;
(5) Transportation facilities, includingstreets , sidewalks, and bridges;
(6) Schools, parks, greenways and other public facilities and requirements;
(7) Otherutilities services ;
(8) Potential hazards from fire, flooding and diseases;
(9) Access of light and air tobuildings ;
(10) Access for fire and police protection and refuse collection;
(11) Protection of occupants ofdwellings , congregate care , or congregate living
structures from noise, dust and gases caused by traffic;
(12) Railroads, yards, stations, terminals, shops and other structures and facilities;
(13) Current uses of land andbuildings for residences , businesses, industries,
institutions, and for other uses and the heights of buildings , the size and location of
yards, and the density of population in each of the districts hereinafter mentioned.
(Ord. No. 1992-111-TC-42, §12, TC-19-92)
(b) Enumeration and Descriptions of Zoning Districts.
There are three types of zoning districts:
General use districts are those in which a variety of uses are permitted;
Conditional use districts are those in which limited uses are permitted and other
regulations are imposed;
Overlay districts are those which overlap one or more general and/or conditional use
districts. Overlay districts involve additional regulations on some or allproperty within
underlying general and/or conditional use districts.
(1) TheSchedule of General Use Districts incorporated herein establishes the general
use districts.
(2) Each conditional use district (bearing the designated CU on theOfficial Zoning
Map ) corresponds to a general use district in this chapter. All zoning regulations which
apply to the general use district are also applicable to the corresponding conditional use
district unless specifically stated otherwise in the conditional use district ordinance or in
the text of this Code.
(Ord. No. 291-TC-327, §2, TC-23-88, 12-18-88; Ord. No. 856-TC-274, §2 TC-11-86, 916-86)
Thefollowing conditional use districts are established:
Attachment 5
Rural Residential Conditional Use (RR CU) District. Residential-2 Conditional Use (R-2
CU) District. Residential-4 Conditional Use (R-4 CU) District. Special Residential-6
Conditional Use (Sp. R-6 CU) District. Residential-6 Conditional Use (R-6 CU) District.
Manufactured Home Conditional Use (MH CU) District. Residential-10 Conditional Use
(R-10 CU) District. Residential-15 Conditional Use (R-15 CU) District. Residential-20
Conditional Use (R-20 CU) District. Special Residential-30 Conditional Use (Sp. R-30
CU) District. Residential-30 Conditional Use (R-30) District. Conservation Management
Conditional Use (CM CU) District. Agricultural Productive Conditional Use (AP CU)
District. Residential Business Conditional Use (RB CU) District. Office and Institution-1
Conditional Use (O & I-1 CU) District. Office and Institution-2 Conditional Use (O & I-2
CU) District. Office and Institution-3 Conditional Use (O & I-3 CU) District. Buffer
Commercial Conditional Use (BC CU) District. Shopping Center Conditional Use (SC
CU) District. Neighborhood Business Conditional Use (NB CU) District. Business Zone
Conditional Use (Bus Z CU) District. Thoroughfare Conditional Use (TD CU) District.
Industrial-1 Conditional Use (I-1 CU) District. Industrial-2 Conditional Use (I-2 CU)
District.
(Ord. No. 1996-851-TC-128, §3, TC-23-95, 4-2-96; Ord. No. 2000-734-TC-189, TC-200, §1, 2-15-00)
(3) Thefollowing overlay districts are established:
a. Airport Overlay District.
Land in the Airport Overlay District is intended to protect the efficiency and long term
usefulness of area aviation facilities, highways, arterials, and majorstreets by controlling
the type and design of land uses in proximity to such facilities.
Provision is also made to ensure the attractiveness of this significant gateway to the City
, and to protect the public from adverse health effects and annoyance by aircraft noise. To
this end, dwellings and similar uses are prohibited in the Airport Overlay District. The
uses permitted are better able to protect themselves from aircraft noise, and implement
the functions of the airport.
Sec. 10-2050. AIRPORT OVERLAY DISTRICT.
(a) Approval.
If the use requires asite 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) and (c). If the use requires a plot plan , as set forth in §102132.1, administrative approval is required.
(Ord. No. 1997-137-TC-153, §2, TC-18-96, 1-14-97)
(b) Permitted Uses.
Subject to the provisions of §10-2050 and other overlay districts, all general uses,
conditional uses, and special uses that are allowed in the underlying zoning district by
theSchedule of Permitted Uses in Zoning Districts , §10-2071, are allowed in the
Airport Overlay District. In addition, the provisions of subsection (1), below, must be
observed for the following uses:
- Allowed outdoor storage, whichmay include without limitation: building materials or
contractor's construction equipment, coal yard, lumber yard, lumber mill, stone, minerals,
sand, gravel, earth ores and oxides either as a principal or accessory use ; farm and
lawn care products including seeds, feed, machinery; produce or grocery products;
furniture; vehicular parts; paper
Attachment 5
- Bituminous concrete facilities and concrete and cement mixing plants, including their
outdoor storage of materials used in production.
(1) Within the Airport Overlay District these usesshall be fully shielded with either a
permanent overhead cover or a canopy of
shade trees
that meets all of the
following :
a. Thereshall be at least one (1) natural locally adapted shade tree for every two
thousand (2,000) square feet of total "site area".
b. The shade treesshall be adequately protected from damage due to activities
performed or materials stored on the site.
c. The shade treesshall be distributed within the site area so that at maturity the
expected combined tree canopy covers at least thirty-five (35) per cent of the "site
area."
d. If the "site area" is greater than five (5) acres, the siteshall be divided in segments of
no greater than five (5) acres in size and all segments shall be separated from one
another by an expected canopy of shade trees at least one hundred (100) feet wide.
e. Compliance with all the above conditions must be achieved without utilized trees
located in anyspecial yards .
f. The usesshall adhere to the second and third paragraphs of §10-2072(a).
The term "site area," for purposes of this subsection (b)(1), includes those areas devoted
to the outdoor storage of concrete facilities described above and theiraccessory uses
including loading, display, utility service and vehicular surface areas but excludes any
special yards and all other areas.
(c) Prohibited Uses.
Except for improvements made pursuant to Part 10 chapter 3 of this Code, any use not
explicitly allowed in either the underlying district by either theSchedule of Permitted
Land Uses in Zoning Districts §10-2071 or subsection (b) above is prohibited in the
Airport Overlay District. If a use is prohibited in either an overlay district or the underlying
district, that use is prohibited even if one (1) of these districts allows the use. The
enumeration of expressly prohibited uses shall not be deemed exclusive of allinclusive. Prohibited uses include:
- Above-ground bulk storage as aprincipal use of: flammable and combustible liquids,
explosives, hazardous materials and wastes, gasoline or fuel oil distribution facilities or
operations which could pose threats to the public health, safety and welfare in the event
of aircraft crashes or mishaps
- All uses prohibited in the underlying zoning district
- Any dwelling or rooming unit unless part of a hotel or motel, and any equivalent
dwelling unit , congregate care or congregate living structure , guest house ,
residential structure, or transitional housing.
(Ord. No. 1992-111-TC-42, §17, TC-19-92, 12-8-92)
- Any residential related use includingday care facilities , special care facilities ,
schools of all kinds, correctional/penal facilities, hospitals, and churches
(Ord. No. 2004-647-TC-248, §4, TC-4-04, 6-1-04
- Library, art gallery, museum, orcivic club
- Mining, quarrying, and landfills that are initiated after the application of the Airport
Overlay District
-Off-premise signs
- Outdoor storage, bituminous concrete facilities, and concrete and cement mixing plants
which are not permanently and fully shielded in accordance with subsection (b)(1) above
- Storage of wrecked, crushed, dismantled or partially dismantled automotive vehicles
- Uses which are susceptible to fire and explosions such as oil recycling facilities
(d) Area, Density, Bulk, Yard, and Height Requirements.
Attachment 5
(1) Area, density, and bulk.
The maximum residential density is zero (0).
(2) Yard.
The minimum Overlay District yard setbacks, unless otherwise required by this Code,
are:
__________
TABLE INSET:
front yard , corner lot side yard, and rear yard that abut a
thoroughfare , major access corridor , or arterial road excluding parallel
service roads
50 feet
protective
yard
__________
TABLE INSET:
all other yards
same as underlying zoning district
__________
See §10-2075 for otheryard areas required in this Code, method of calculating,
exceptions and reductions to yard areas , and illustrations.
(3) Height.
Buildings and structures may be constructed to the height limits of the current airspace
regulations adopted by the Raleigh-Durham Airport Authority wherever such regulations
contain more stringent height requirements than the underlying zoning district. If height
requirements of the underlying zoning district contain more stringent requirements than
the regulations adopted by the Raleigh-Durham Airport Authority, the height
requirements of the underlying zoning district shall control.
See §10-2076 for method of height calculation, exceptions, and illustrations.
State law reference: Model Airport Zoning Act, Article 4, Chapter 63, North Carolina
General Statutes
(e) Supplementary Regulations.
All uses and activities are also subject to Article H, other overlay zoning districts,
conditional use zoning districts, and supplementary regulations of Article E.
Supplementary regulations include:
TABLE INSET:
(1)
Off-street parking
see §10-2081
(2)
Landscaping
see §10-2082
(3)
Signage
on-premise signs
see §10-2083
(4) Lighting
All outdoor lightingshall be shielded so that no direct glare from the light can be seen
from above; provided that, publicly approved warning lights to mark obstructions to
aircraft are exempted from this regulation.
(5) The current airspace regulations adopted by the Raleigh-Durham Airport Authority
are incorporated into the Airport Overlay District and are made a part of this Code. A
copy of these regulations is on file with the City Clerk.
(6) Rooftops shall be uniform in color and made of non-reflective material.
Attachment 5
(Ord. No. 1985-622-TC-245, §2, TC-16-85, 8-6-85; Ord. No. 1989-309-TC-330, §§2, 3,
TC-27-88, 2-7-89)
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