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Article 3: Zoning Districts

Section 3.1. General Provisions

3.1.3. Relationships Between Standards for Overlay Districts and Other Districts

June 2013

Morrisville, NC

Page 3-2

Unified Development Ordinance - Public Hearing Draft

C.

Planned Development Zoning Districts

1.

Planned development zoning districts are established by the Town Council’s approval of a Planned

Development Rezoning (see Section 2.5.3), which includes district-specific plans and standards set out

in a Planned Development (PD) Plan/Agreement.

2.

Development in a planned development zoning district is subject to the plans and standards set out or

referenced in the approved PD Plan/Agreement.

3.

Section 3.7, Planned Development Districts, describes the base purpose of planned development

zoning districts and sets out base requirements applicable to all planned development zoning districts.

For each type of planned development zoning district, it sets out the district’s purpose, the intensity

and dimensional standards to apply in the district or be addressed in the district’s PD

Plan/Agreement, and the development and environmental standards to be addressed in the district’s

PD Plan/Agreement and the means of modifying them (e.g., through an alternative landscaping plan).

D.

Overlay Zoning Districts

1.

Overlay zoning districts are established initially by the Town Council’s adoption of the Official Zoning

Map and subsequently by approval of a General Rezoning (see Section 2.5.3). They are

superimposed over one or more underlying base, conditional, or planned development zoning

districts.

2.

Development in an overlay zoning district is subject to predetermined standards set out or referenced

for the district in Section 3.8, Overlay Districts. Such standards supplement, modify, or supersede

standards applicable by the underlying base, conditional, or planned development district.

3.

Regulations for each overlay zoning district set out the district’s purpose and the supplemental,

modified, or superseding standards applicable in the district.

3.1.3.

Relationships Between Standards for Overlay Districts and Other Districts

If the standards for an overlay district expressly conflict with those for an underlying base zoning district,

conditional zoning district, planned development district, or another applicable overlay district, the more

restrictive standards shall apply.

3.1.4.

Development Incentives Option

A.

Purpose

The purpose of this section is to provide development incentives for the provision of public benefits in

conjunction with development. It does so by authorizing additional allowable uses and less restrictive

intensity and dimensional standards for certain conditional zoning districts that provide one or more public

benefit not otherwise required by this Ordinance. Such incentives include allowance of certain uses in

addition to those allowed in the parallel base zoning district, and an increase in the maximum net density,

maximum floor area ratio, maximum lot coverage, and maximum structure height. Such public benefits

include: dedication of land or facilities to be used for public parks or greenways; off-site or regional

stormwater management; off-site transportation improvements; and/or cultural centers, public plazas,

public art, and other community amenities. The extent of public benefits provided is intended to be that

necessary to balance and justify the extent of the proposed development incentives.

B.

Conditional Rezoning Application and Review

1.

If the applicant for a Conditional Rezoning proposes use of the development incentives authorized by

this section, the Conditional Rezoning application shall specify the additional allowable uses and the

less restrictive intensity and dimensional standards proposed to be applicable to district development

(see subsection C below) and the compensating public benefits proposed to be provided (see

subsection D below).