Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 5 – 6 Effective Date: March 6, 2018 Supp. No. 5 CHAPTER 5. ​OVERLAY DISTRICTS | Article 5.2. Environmental Overlays Sec. 5.2.2. ​Metro-Park Overlay District (-MPOD) Sec. 5.2.2. Metro-Park Overlay District (-MPOD) A. Applicability No building, structure, use, impervious surface, tree conservation area or light shall be constructed, established, moved, altered, changed or increased in size within a -MPOD except in conformity with the regulations contained in this section for the adopted -MPOD. B. Permitted Uses Uses permitted in the underlying district are permitted in a -MPOD. C. Prohibited Uses and Activities Prohibited uses and activities in a -MPOD: 1. Any establishment, use or trade that emits detectable odor at a Metro-Park boundary more than 15 minutes in any 1 day or more than 2 days out of the calendar month; 2. Above-ground storage of hazardous waste, as defined in the Code of Federal Regulations 2161.3 and 263.33, or as the same may be amended by law, except up to 55 gallons which shall be stored inside a fully impervious structure. This prohibition does not include underground storage in tanks which meet applicable fire prevention standards and federal and state regulations and otherwise comply with the City Code; and 3. Use of outdoor speakers within 500 feet of a Metro-Park boundary. D. Setbacks 1. Separation and Protective Yards a. The setbacks of the underlying zoning district shall apply with the exception that any portion of a lot abutting a Metro-Park boundary requires a 32-foot wide primary tree conservation area along the entire length of the property boundary. b. No tree or land disturbing activity, animal pen, structure, septic system, stormwater facility or vehicular surface area may be located within 32 feet of a Metro-Park boundary. 2. Natural Resource Buffer Yards All watercourses that both drain into a Metro-Park and have concentrated flow from a drainage area of at least 5 acres must establish a primary tree conservation in accordance with Sec. 9.2.3. 3. Height a. Buildings and structures located within 1,000 feet of a Metro-Park boundary shall be limited to a maximum height of 45 feet, provided that no building is greater than 2½ stories. b. Buildings and structures not otherwise restricted to a lower height located further than 1,000 feet from a Metro-Park boundary, which are more than 45 feet high or contain more than 2½ stories can add 25 feet of additional setback from the 1,000-foot distance from the edge of the Metro-Park boundary for each foot of height greater than 45 feet. E. Supplementary Regulations 1. Lighting a. No exterior lighting may cause illumination in excess of 0.4 footcandles measured at the boundary of the Metro-Park. b. Full-cutoff lights must be used for all lighting. c. No external illumination of buildings that face the boundary of the Metro-Park is allowed except for the exterior lighting of building entrances, exits or loading docks. d. No provision of a -MPOD shall be in conflict with applicable FAA lighting regulations. 2. Impervious Surface Coverage Excluding streets, impervious surface areas may not be added so that the impervious surface lot coverage exceeds 45% in areas that drain into the Metro-Park. Impervious surface coverage greater than 30% but less than 45% of the lot is allowed but only when identified pollutants (such as nitrogen and/or phosphorous) are reduced by a minimum of 25%.