Unified Development Ordinance, 30th Supplement, November 2023

Article 5.2. Environmental Overlays | CHAPTER 5. ​OVERLAY DISTRICTS

F. Hardships 1. In those instances where in accordance with Sec. 10.2.10. , the Board of Adjustment determines that the application of these regulations would deprive the landowners of reasonable use of their land, the Board of Adjustment may alter the impervious surface coverage limits, increase height restrictions and reduce the widths of the protective yard as determined necessary. 2. Maintenance of the protective yard should be given the highest priority by the Board of Adjustment when making its determination to modify one or more of these regulations. G. Existing Structures, Uses and Impervious Surfaces 1. All structures, uses and impervious surfaces, watercourses and lighting existing at the time that the -MPOD is first applied to the property shall not be deemed a zoning nonconformity solely because of this overlay district. 2. All additions, changes, expansions and alterations to existing structures, impervious surfaces, lighting and uses must comply with the regulations of the -MPOD, unless the Board of Adjustment approves a special use permit under Sec. 10.2.9. allowing the addition, change, expansion or alteration. 3. In addition to the showings required by Sec. 10.2.9.E.4. through 8. , all of the following standards shall be met: a. The expansion does not, singularly or collectively, exceed 25% of the total gross floor area of the building or use existing at the time the -MPOD overlay zoning district regulations were first applied to the property. b. The building or use existed at the time the -MPOD overlay zoning district regulations requirements were first applied to the property. c. The requested activity complies with all requirements and regulations of this UDO other than the -MPOD overlay zoning district regulations. d. Except where pre-existing structures, septic systems, wells, stormwater facilities, and vehicular surface drives and vehicular spaces that do not

4. Nothing shall be deemed to permit the reconstruction—similar or different, whole or in part—of a building, improvement or use existing at the time the NCOD overlay zoning regulations were first applied to the property that has been voluntarily demolished or discontinued. Voluntarily torn down buildings and improvements or discontinued uses shall be replaced with buildings, improvements and uses that comply with the regulations of the -MPOD. Sec. 5.2.3. Urban Watershed Protection Overlay District (-UWPOD) A. Base Standards Apply Unless specifically set forth in this section, allowed uses, dimensional requirements, height limits and general development standards of the underlying zoning district apply. B. Prohibited Uses The following uses are prohibited: 1. New landfills; and 2. New sites for land application of sludge, residuals or petroleum contaminated soils. C. Additional Development Standards Watercourse buffer, impervious surface, stormwater runoff and water quality requirements are set forth in Sec. 9.5.1. Sec. 5.2.4. Falls Watershed Protection Overlay District (-FWPOD) A. Base Standards Apply Unless specifically set forth in this section, allowed uses, dimensional requirements, height limits and general development standards of the underlying zoning district apply. B. Prohibited Uses The following uses are prohibited: 1. New landfills.

exceed the maximum allowed in table 7.1.2.C prevent the planting of trees, tree conservation areas are established in accordance with Sections 5.2.2.C.1.a. and 5.2.2.C.2.

5 – 7 Published November 2023

Part 10: Unified Development Ordinance City of Raleigh, North Carolina

Supp. No. 30