Wake Forest Unified Development Ordinance - March 2022

Unified Development Ordinance

TOWN of WAKE FOREST, NC A D OP T E D J U LY 1 6 , 2 01 3

Adopted July 16, 2013

(Last Amendment – March 1 5, 202 2 )

UDO STEERING COMMITTEE

TOWN PLANNING STAFF

PREPARED BY

The Lawrence Group 108 S. Main Street Davidson, NC 28036 www.thelawrencegroup.com

Grif Bond Zachary Donahue Suzanne Harris Matt Hale Vivian Jones Ward Marotti Harry Mitchell Mike Moss Margaret Stinnett Rob Weintraub Bob Zumwalt

Chip Russell Chad Sary Charlie Yokley Michelle Michael Candace Davis Jonathan Cooper Terry Savary

Table of Contents

Table of Contents............................................................................... i 1. Purpose & Applicability .............................................................1-1 1.1. Title 1-1 1.2. Authority 1-1 1.3. Jurisdiction 1-1 1.4. Purpose and Intent 1-1 1.5. Consistency With All Adopted Plans and Policies 1-2 1.6. Required Conformance With This Ordinance 1-3 1.7. Transitional Provisions 1-3 1.8. Conflict Resolution and Interpretation 1-4 1.9. Effective Date 1-4 2. District Provisions......................................................................2-1 2.1. Official Zoning Map 2-1 2.2. District Provisions 2-1 2.3. Uses Permitted 2-9 2.4. Overlay Districts 2-14 2.5. Floating Overlay Districts 2-22 2.6. Conditional Districts (CD) 2-24 2.7. Planned Unit Development (PUD) 2-25 3. Supplemental Use Standards .....................................................3-1 3.1. Applicability 3-1 3.2. Supplemental Use Standards – Residential 3-1 3.3. Supplemental Use Standards – Lodging 3-5 3.4. Supplemental Use Standards – Office/Service 3-5 3.5. Supplemental Use Standards – Commercial/Entertainment 3-6 3.6. Supplemental Use Standards – Civic 3-8 3.7. Supplemental Use Standards – Educational/Institutional 3-8 3.8. Supplemental Use Standards – Automotive 3-9 3.9. Supplemental Use Standards – Industry/Wholesale/Storage 3-10 3.10. Supplemental Use Standards – Agriculture 3-12 3.11. Supplemental Use Standards – Infrastructure 3-13 4. General Provisions For All Districts ............................................4-1 4.1. Applicability 4-1 4.2. Interpretation of Numerical Standards 4-1 4.3. Basic Lot and Use Standards 4-1 4.4. Irregular Lot Setbacks 4-4 4.5. Measurement of Height 4-4 4.6. Accessory Uses and Structures 4-5 4.7. Temporary Uses 4-6 5. Building Design Standards .........................................................5-1 5.1. Purpose and Intent 5-1 5.2. Applicability and Administration 5-1 5.3. Private Frontage Regulations 5-2 5.4. Civic / Institutional Buildings 5-4 5.5. Residential: Detached House, Townhouse and Apartment Building 5-7 5.6. Commercial Buildings 5-12

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5.7. Industrial Buildings 5.8. Manufactured Homes

5-17 5-18 5-19

5.9. Compatibility

6. Subdivision & Infrastructure Standards......................................6-1 6.1. Purpose and Intent 6-1 6.2. Applicability 6-1 6.3. Required Improvements For All Development 6-2 6.4. Land Suitability 6-5 6.5. Connectivity 6-5 6.6. Implementation of Transportation Plan & Town Street Classifications 6-9 6.7. Town Street Classification & Design 6-10 6.8. Sidewalks and Other Pedestrian Facilities 6-17 6.9. Bicycle Facilities 6-18 6.10. Easements and Dedications 6-19 6.11. Transportation Impact Analysis 6-20 6.12. Improvement Guarantees & Performance Securities 6-23 6.13. Provision of Services and Acceptance By Town 6-25 6.14. Ownership & Maintenance of Common Areas 6-25 7. Recreation Facility Fees, Parks & Open Space Land ....................7-1 7.1. Purpose and Intent 7-1 7.2. Applicability 7-1 7.3. Recreation Facility Fee 7-1 7.4. Neighborhood Parks and Open Space Dedication Requirements 7-2 7.5. Neighborhood Park Design Standards 7-3 7.6. Ownership & Maintenance 7-6 8. Tree Protection, Buffers & Landscaping .....................................8-1 8.1. Purpose 8-1 8.2. Applicability 8-1 8.3. Tree Canopy Coverage Requirement 8-2 8.4. Tree Preservation 8-3 8.5. Buffers and Screening 8-8 8.6. Street Trees 8-15 8.7. Vehicular Use Area Screening & Landscaping 8-16 8.8. Dumpsters and Mechanical Utilities Screening 8-17 8.9. General Installation and Maintenance Standards 8-18 9. Parking & Driveways .................................................................9-1 9.1. Purpose and Intent 9-1 9.2. Applicability 9-1 9.3. Permitted Parking Locations 9-1 9.4. Parking Requirements 9-3 9.5. Vehicle Parking Design Standards 9-9 9.6. Bicycle Parking Standards 9-11 9.7. Transportation Facility Permits 9-12 9.8. Driveway Access 9-12 10. Lighting ...................................................................................10-1 10.1. Purpose and Applicability 10-1 10.2. Prohibitions and Exemptions 10-1 10.3. Design Standards 10-2 10.4. Administration 10-6 11. Signs .......................................................................................11-1 11.1. General Purpose and Intent 11-1

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11.2. Applicability

11-1 11-1 11-2 11-3 11-3 11-3 11-4 11-6 11-8

11.3. Computation of Signage Measurements

11.4. General Provisions 11.5. Nonconforming Signs

11.6. Sign Illumination

11.7. Maintenance and Inspection of Signs 11.8. Permanent Signage Standards 11.9. Temporary Signage Standards 11.10. Permanent Signage Additional Standards 11.11. Temporary Signs Additional Standards

11-12 11-15

11.12. Prohibited Signs

12. Erosion, Flood, Stormwater & Watershed Standards................12-1 12.1. General Purpose and Intent 12-1 12.2. Applicability 12-3 12.3. Erosion and Sedimentation Control Regulations 12-4 12.4. Flood Damage Prevention 12-10 12.5. Stormwater Management 12-16 12.6. Water Supply Watershed Protection Regulations 12-26 12.7. Watercourse (Riparian) Buffer Areas 12-34 13. Nonconformities .....................................................................13-1 13.1. Purpose and Applicability 13-1 13.2. General Provisions 13-2 13.3. Nonconforming Plans 13-2 13.4. Nonconforming Lots 13-3 13.5. Nonconforming Uses & Structures 13-4 13.6. Nonconforming Manufactured Home Parks 13-5 13.7. Nonconforming Signs 13-5 14. Administrative Agencies ..........................................................14-1 14.1. The Administrator 14-1 14.2. Board of Commissioners 14-3 14.3. Technical Review Committee 14-4 14.4. Planning Board 14-5 14.5. Board of Adjustment 14-6 14.6. Historic Preservation Commission 14-7 14.7. Meetings and General Procedures 14-10 14.8. Staff 14-11 14.9. Attendance Policy 14-11 14.10. Waiver of Term Limit Requirements 14-11 15. Administration ........................................................................15-1 15.1. Purpose and Intent 15-1 15.2. General Provisions & Applicability 15-1 15.3. Public Notification 15-4 15.4. Application Requirements 15-6 15.5. General Requirements For Quasi-Judicial Evidentiary Hearings and Decisions 15-10 15.6. Administrative Permits 15-11 15.7. Environmental Protection Permits 15-14 15.8. Site Plans/Design Review 15-20 15.9. Subdivisions 15-22 15.10. Special Use Permits (SUP) 15-25 15.11. Historic Preservation 15-28 15.12. Appeals of Administrative Decisions 15-35 15.13. Variances 15-36 15.14. Text Amendments and Map Amendments (Rezonings) 15-39

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15.15. Conditional Zoning

15-41 15-43 15-46 15-47

15.16. Planned Unit Development (PUD) 15.17. Comprehensive Plan Amendment

15.18. Annexation and Extraterritorial Jurisdiction (ETJ) Expansion

16. Violations & Penalties .............................................................16-1 16.1. Complaints Regarding Violations 16-1 16.2. Specific Types of Violations 16-2 16.3. Penalties For Violation and Enforcement Mechanisms 16-6 17. Definitions ..............................................................................17-1 17.1. Intent 17-1 17.2. Rules of Construction 17-1 17.3. Use Definitions 17-1 17.4. Definitions Generally* 17-11

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Purpose & Applicability 1.1 Title

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1. Purpose & Applicability

1.1. Title

This ordinance shall be known and may be cited as the Unified Development Ordinance for the Town of Wake Forest, North Carolina. This ordinance may also be known and may be referred to as the "UDO."

1.2. Authority

1.2.1. General The development regulations contained in this ordinance have been adopted pursuant to the authority conferred by the North Carolina General Statutes. Specifically, principal authorization comes in the North Carolina General Statutes in Chapters §160A and §160D (Local Planning and Development Regulation). The Unified Development Ordinance of Wake Forest, North Carolina also uses powers granted in other sections of the North Carolina General Statutes relating to particular types of development or particular development issues. 1.2.2. References To North Carolina Laws Whenever any provision of this Ordinance refers to or cites a section of the North Carolina General Statutes or (N.C.G.S.) and that section is later amended or superseded, this Ordinance shall be deemed to refer to the amended section or the section that most nearly corresponds to the superseded section. 1.3. Jurisdiction All provisions of this ordinance shall apply within the corporate limits of the Town of Wake Forest, North Carolina and within the town's extraterritorial jurisdiction, as identified on the Zoning Map of the Town of Wake Forest, except that property in the extraterritorial jurisdiction which is used for bona fide farm purposes is exempt from the requirements of this ordinance, pursuant to NC General Statutes. The Zoning Map is on file with the Town Clerk and with the Administrator of this ordinance. The map and its boundaries shall be incorporated and made a part of this ordinance.

1.4. Purpose and Intent

The regulations contained in this ordinance have been adopted in accordance with the Community Plan for the Town of Wake Forest, North Carolina, as adopted, in order to:

▪ Maintain the small town character and attractive appearance of the community while continuing to encourage growth.

▪ Promote a vibrant, revitalized downtown with a unique mix of land uses and historical character.

▪ Provide well planned infrastructure to serve the community in a more comprehensive, environmentally responsible, and timely manner. ▪ Encourage growth that pays for itself through efficient development patterns that support the sustainable fiscal management of municipal services.

▪ Create a balanced and efficient multi-modal transportation system

▪ Facilitate walking and biking in the community by providing a well-integrated network of streets, sidewalks, bikeways, walking trails, and greenway trails.

▪ Preserve valuable open space and the environmental quality of the community

▪ Expand the community’s parks and recreation sys tem

▪ Promote excellent educational opportunity and lifelong learning through neighborhood schools that serve as civic anchors to the diverse communities that surround them.

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Purpose & Applicability 1.5 Consistency With All Adopted Plans and Policies

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▪ Ensure that commercial development is balanced and compatible with surrounding neighborhoods and provides enduring value to the community. ▪ Promote quality, walkable, mixed-use neighborhoods with a wide variety of housing types, including affordable housing. ▪ Support the continued development of the community as a destination for arts and culture, beginning with value placed upon the unique historic character of the town.

▪ Support the development of the community’s business sector and strengthen the local tax base.

Protect public safety.

▪ Encourage civic pride and community involvement and provide a means of meaningful cooperation between the community and town government.

1.5. Consistency With All Adopted Plans and Policies All development plans, master plans and rezonings shall be in conformance with all adopted plans and policies (including comprehensive plans, transportation plans, small area plans, open space and greenway plans, or any other plan adopted by the Wake Forest Board of Commissioners). 1.5.1. Implementation of Plan This ordinance is intended to implement the vision statements, policies, and actions of the Community Plan for the Town of Wake Forest as adopted on September 15, 2009. The Unified Development Ordinance of Wake Forest, North Carolina also uses powers granted in other sections of the North Carolina General Statutes relating to particular types of development or particular development issues. Any amendments to or actions pursuant to this ordinance shall be consistent with the Community Plan. B. The Community Plan for the Town of Wake Forest may be amended, and this Unified Development Ordinance and the incorporated Zoning Map shall reflect those changes through appropriate amendments in accordance with processes outlined in Chapter 15. 1.5.3. Adopted Small Area Plans All development plans shall be consistent with any adopted small area plans. Small area plans may contain any of the following elements: 1.5.2. Amendments To UDO and Community Plan A.

▪ Multi-Modal Circulation Network (pedestrian, bicycle, automobile, and public transit networks)

▪ Green Infrastructure Network (floodplains, wetlands, lakes, streams, parks, squares, and other public open spaces)

▪ Location of sites reserved for Civic & Institutional buildings and uses

General Massing and Development Intensity Pattern

▪ Specific Design Guidelines (in addition to those contained in this ordinance)

1.5.4. Variations To Adopted Plans Specific alignments, locations, or areas of public facilities noted in any adopted plan may be varied on a site by site basis as requested by the developer or the Administrator, provided the integrity of the proposed network and connections, location, or area shown in the plan are maintained. 1.5.5. Conflicts With Adopted Plans In the event of a conflict or inconsistency between this ordinance and any adopted plans the requirements of this ordinance shall take precedence.

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Purpose & Applicability 1.6 Required Conformance With This Ordinance

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1.6. Required Conformance With This Ordinance

1.6.1. Required Conformance No land or structure shall be used or occupied, and no structure or parts shall be constructed, erected, altered, or moved, unless in conformity with all of the regulations herein specified for the zoning district in which it is located subject to the provisions of Section 13.1.1 Every building erected, moved, or structurally altered shall be located on a lot conforming to the requirements of the district. From and after the adoption of the UDO, no real property lying within the jurisdiction of the UDO shall be subdivided except in conformance with all applicable provisions of the UDO. In addition, after the effective date of the UDO, no plat for subdivision of land within the jurisdiction of the UDO shall be certified for recording by the Administrator, nor shall the Clerk of Superior Court order the recording of a plat until it has been submitted and approved in accordance with the provisions of the UDO. 1.6.2. Conformance To Subdivision Standards and Required Improvements Upon Development All existing lots of record, platted prior to the adoption of this ordinance and upon which no buildings have been erected, shall be considered legal, nonconforming lots upon the date of adoption of this ordinance and shall not be subject to the new lot standards herein. However, buildings upon such lots shall be subject to standards in this ordinance including all related site improvements.

1.7. Transitional Provisions

The following transitional provisions shall apply to various activities, actions and other matters pending or occurring as of the effective date of this ordinance.

1.7.1. Violations Continue Any violation of any previous ordinance of the Town of Wake Forest shall continue to be a violation under this ordinance and shall be subject to the penalties set forth at the time of the violation, unless the use, development, construction, or other activity is clearly consistent with the express terms of this ordinance.

1.7.2. Completion of Current Development Plans Under Previous Ordinances A. Permit Issued

Any building or development for which a permit or plan approval was issued prior to the effective date of this ordinance or any amendment thereto, may be completed in conformance with the issued permit or plan approval and other applicable permits and conditions.

B.

Application Filed 1.

Any type of land development application which has been officially filed with the appropriate town official prior to the effective date of this ordinance or any amendment thereto, may continue to be processed under the land use rules and regulations in effect prior to said date. 2. The application must remain active. An application is considered active if revisions are resubmitted within six months of receiving review comments. 3. If the application is not resubmitted within six months of receiving review comments, then the application process may be completed only in strict compliance with the requirements of this ordinance. 4. The specified time may be extended at the discretion of the Administrator due to delays in approvals from agencies external to the Town of Wake Forest. 5. In accordance with NCGS §160D-108(b) and NCGS §143-755, an application submitted for one development permit may trigger permit choice for other associated development permits. The applicant must request that the permit choice rule be applied in order for permit choice to be in effect.

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Purpose & Applicability 1.8 Conflict Resolution and Interpretation

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1.8. Conflict Resolution and Interpretation

1.8.1. Conflict Resolution and Internal Consistency This ordinance is not intended to abrogate any other law, ordinance, or regulation. However, whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards shall govern. Except as hereinafter provided, these regulations shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easement, covenants, or other agreements between parties. In any event, wherever the requirements of this ordinance are in conflict with other requirements of laws of the United States or the State of North Carolina, or with lawfully adopted town rules, regulations, ordinances, and policies, or with development-imposed deed restrictions or covenants, the most restrictive, or that imposing the highest standards, shall govern. In the event of a conflict or inconsistency between the text of this ordinance and any caption, figure, illustration, or map contained herein, the text shall control. This ordinance is not intended to abrogate any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this ordinance shall govern. Unless deed restrictions, covenants or other contracts directly involve the Town of Wake Forest as a party in interest, the town shall have no administrative responsibility for enforcing such deed restrictions or covenants. Should the courts declare any section or provisions of this ordinance invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. 1.8.2. Interpretation In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these regulations and are adopted for the promotion of the public health, safety, and general welfare.

1.9. Effective Date

All other provisions of this ordinance shall become effective July 16, 2013.

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District Provisions 2.1 Official Zoning Map

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2. District Provisions

2.1. Official Zoning Map

2.1.1. ZONING MAP A.

Zoning Districts The boundaries of each zoning district are shown on a map entitled "Town of Wake Forest Official Zoning Map" which is hereby made a portion of this ordinance. The Official Zoning Map shall bear the adoption date of this ordinance and the signatures of the Mayor and Town Clerk. Overlay Districts Certain overlay districts such as the Special Highway Overlay District, the Watershed Protection Districts, etc., are hereby established and incorporated by reference. The spatial data for such overlay(s) shall be presented with the Official Zoning Map as appropriate. Administration and Maintenance of Zoning Map The Official Zoning Map shall be maintained in the Wake Forest Planning Department and a copy shall be kept on file with the Town Clerk. The Administrator shall separately maintain the digital files that comprise the map and record all map amendments in a separate metadata file.

B.

C.

2.1.2. INTERPRETATION OF BOUNDARIES When uncertainty exists with respect to the boundaries or districts as shown on the Official Zoning Map, the following rules shall apply: A. District boundary lines are generally intended to be along or parallel to property lines, lot lines, the center line of street, alleys, railroads, easements, other rights-of-way, and creeks, streams, or other water channels. B. In the absence of specified distances on the map, dimensions or distances shall be determined by the scale of the Official Zoning Map. C. Where the Zoning Map shows a district boundary dividing a lot, each part of the lot shall conform to the standards established by this ordinance for the land development or overlay district in which that part is located. D. When the street or property layout existing on the ground is at variance with that shown on the Official Zoning Map, the Planning Board shall interpret the district boundaries of this ordinance in accordance with Section 14.4

2.2. District Provisions

2.2.1. Urban (Form-Based) Districts General Overview A number of the key districts for the Town of Wake Forest are ordered and classified according to the Rural-Urban Transect. The Transect is a method of classifying the natural and built environments as a continuum of six conditions, ranging from rural to urban. The value of the Transect is that it classifies development form with the appropriate land use and development context. For example, a rural street typically has no curbs or sidewalks, and its buildings are often irregularly spaced. An urban street, depending on the intensity of urbanism, may have curbs and gutters, regularly placed street trees, sidewalks, and building forms that are more regular in form and spacing. Each urban zoning category has detailed provisions for the mix of uses, building type,

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District Provisions 2.2 District Provisions

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density, height, street design, the design of parks and open space, the mix of uses, building design, parking, streetscape, and other aspects of the human environment. In order to implement the intent of this ordinance, there are hereby created several base districts with the designations and general purposes listed under each and the specifically permitted uses, special uses, dimensional standards and permitted building types included. Each base district has a corresponding Conditional District designation which shall be administered in accordance with Section 2.6.

A. Natural & Rural Areas The Transect begins with two areas that are rural in character: the Natural Area, which is made up of lands protected in perpetuity as natural, recreational, or agricultural areas; and the Rural Area, which includes areas of high agricultural, scenic, or environmental value that should be protected. B. Suburban Area The transition area between countryside and town is called the Suburban Area. This area consists primarily of single family homes. Although this area is primarily a residential area, it may have other development types, such as schools and other civic uses. C. General Urban Area General Urban development is primarily residential, but more urban in character, having a higher density with a mix of housing types and a greater mix of uses, including neighborhood-serving commercial uses. D. Urban Center Area At the more urban end of the spectrum is the Urban Center Area. This can be a small neighborhood center or a larger Village/Town center, the latter serving more than one neighborhood. E. Urban Core Area The Urban Core or Downtown serves not only adjacent neighborhoods, but the entire town and the region. While it is typically the central business district where the greatest mix of uses occurs, the historic character and location of Wake Forest’s downtown is too small in size and scale to serve as a primary urban core area.

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District Provisions 2.2 District Provisions

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2.2.2. Urban District Descriptions

BASE DISTRICT DESCRIPTION

A. Urban Residential (UR) Previous District(s): R10 & R8 in urban contexts The Urban Residential District is established as a predominately residential district in which a variety of types of housing is permitted, including single-family and duplex residences, small apartment buildings and townhouses. B. Residential Mixed-Use (RMX) Previous District(s): R5 & O-I in urban contexts, MF, RA-C The Residential Mixed-Use District is established to accommodate a variety of housing types in a neighborhood setting. The regulations of this district are intended to provide areas of the community for those persons desiring small residences and multifamily structures in relatively high density neighborhoods within walking or biking distance from mixed-use centers as well as some limited commercial uses in pedestrian-scaled, residential-style structures.

C. Neighborhood Mixed-Use (NMX) Previous District(s): O-I & NB in urban contexts, RA-C

The Neighborhood Mixed-Use District is established as a pedestrian-scaled, mixed-use district which caters to the everyday needs of nearby neighborhoods, stressing accessibility by automobiles, bicycles, and pedestrians.

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District Provisions 2.2 District Provisions

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BASE DISTRICT DESCRIPTION

D. Renaissance Area Historic Core (RA-HC)

The Historic Core of the Renaissance Area permits the sensitive continuation of the “Main Street” environment of White Street and its secondary streets. The ground floor of buildings on White Street should be comprised of active uses including retail or restaurants with office and residential located on second stories. Side streets east of White Street may have a greater variety of ground floor uses.

E. Urban Mixed-Use (UMX) Previous District(s): RA-UC

The Urban Mixed-Use District accommodates an active, pedestrian-friendly area of community-scale commercial, residential, office, and civic uses in both vertically mixed- use, as well as free-standing buildings. Retail should be placed at street level, with residential uses in rear or upper stories.

F. Planned Unit Development (PUD)

The Planned Unit Development (PUD) district is designed to promote a compatible mix of uses to instigate an integrated and sustainable development consistent with the Town's unique character. This district shall also encourage design flexibility; multi-modal connectivity between uses; sensitivity to natural resources and environmental features; and facilitate the efficient provisions of infrastructure, utilities, and adequate public facilities.

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District Provisions 2.2 District Provisions

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2.2.3. Table of Urban District Development Standard

NMX RA-HC

Base Districts

UR

RMX

UMX

PUD

Civic / Institutional Detached House Townhouse Apartment Commercial

Civic / Institutional Townhouse Apartment Commercial

Civic / Institutional Townhouse Apartment Commercial

Civic / Institutional Detached House

Civic / Institutional Detached House Townhouse

A. BUILDING TYPE (Section 5.4 – 5.8)

Townhouse Apartment Commercial

B. PRIVATE FRONTAGE (Section 5.3)

Refer to Section 2.7

1. Common Lawn

Permitted

Permitted

Prohibited

Prohibited

--

2. Porch & Fence

Permitted

Permitted

Prohibited

Prohibited

--

3. Terrace or Light Court

Permitted

Permitted

Permitted

Permitted

--

4. Forecourt

Permitted

Permitted

Permitted

Permitted

--

5. Stoop

Permitted

Permitted

Permitted

Permitted

--

6. Shopfront/Awning

Prohibited

Permitted

Permitted

Permitted

--

7. Gallery

Prohibited

Prohibited

Permitted

Permitted

--

8. Arcade

Prohibited

Prohibited

Permitted

Permitted

--

C. DEVELOPMENT STANDARDS 1. Max. Density (Units/Acre)

10 du/ac

24 du/ac

n/a

n/a

n/a

2. Open Space (min) per CH 7 3. Park Space (min) per CH 7 4. Minimum and Maximum Development Size if not in TND

2% for projects 5 acres or greater 2% for projects 5 acres or greater

2% for projects 5 acres or greater 2% for projects 5 acres or greater

5%

5%

15%

2%

2%

2%

80 acres maximum

40 acres maximum

n/a

n/a

10 acres minimum

D. PRINCIPAL BUILDING

12 ft max (NMX) 5 ft max. (RA-HC)

Per UDO Section 2.7 Per UDO Section 2.7 Per UDO Section 2.7

1. Principal Front Setback

20 ft max.

18 ft max.

6 ft max.

2. Street Side/Secondary Front Setback 3. Side (from adjacent lot) Setback 1,2

5 ft min.

5 ft min.

12 ft max.

6 ft max.

5 ft min.

0 ft min.

0 ft min.

0 ft min.

20 ft min. OR 5ft min. w/ rear alley access

Per UDO Section 2.7

4. Rear Setback

5 ft min.

0 ft min.

0 ft min.

Per UDO Section 2.7

5. Frontage Buildout 3

n/a

n/a

60% min.

70% min.

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District Provisions 2.2 District Provisions

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NMX RA-HC

Base Districts

UR

RMX

UMX

PUD

E.

ACCESSORY STRUCTURE

5 ft min. OR 0 ft min. for attached structures

5 ft min. OR 0 ft min. for attached structures

Per UDO Section 2.7

1. Side Setback 1

5 ft min.

0 ft min.

Per UDO Section 2.7

2. Rear Setback 1

5 ft min.

5 ft min.

5 ft min.

0 ft min.

3. Garage Setback from Alley

15 ft from face of garage to centerline of alley

20 ft min. behind building frontage line

4. Other Standards

Rear Yard Only

F. PARKING CONFIGURATION 1. Parking Requirements

By Use - See Section 9.4

2. Parking Location

By Building Type - See Section 9.3

G. HEIGHT

Per UDO Section 2.7

1. Min. Height

None

None

16 ft

2 stories

6 Stories (May Exceed with an SUP) (3 Stories along White Street from Elm to Roosevelt)

6 Stories or 60 feet, whichever is less (may exceed with an SUP)

6 Stories (May Exceed with an SUP)

6 Stories (May Exceed with an SUP)

2. Max. Height 4

3 stories

1 May be increased subject to building code standards 2 Side setback does not apply to interior units of townhome buildings 3 For principal street frontage only; see Section 4.3.3.C for calculations 4 When maximum height is express in stories, the allowable height shall be calculated by multiplying the maximum number of stories permitted by the maximum story height outlined in Section 4.5.

2.2.4. Rural and Suburban Districts In order to maintain existing auto-oriented commercial and industrial areas, and conventionally developed residential subdivisions, there are hereby continued several base districts with the designations and general purposes listed under each and the specifically permitted uses, special uses, and dimensional standards included. It is expected that the expansion or enlargement of these districts will be minimal as more than sufficient area currently exists in accordance with the adopted Community Plan for such single-use categories. Each base district has a corresponding Conditional District designation which shall be administered in accordance with Section 2.4.

BASE DISTRICT

DESCRIPTION

A. Open Space District (OS)

The Open Space District is established to preserve and protect environmentally sensitive lands (e.g. floodways, wetlands) and properties that are already under public ownership and/or otherwise restricted for use for passive or active recreational use.

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District Provisions 2.2 District Provisions

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BASE DISTRICT

DESCRIPTION

B. Rural Holding District (RD) Previous District(s): RD

The Rural Holding District is established as a district in which the principal uses of the land are restricted due to lack of available utilities, unsuitable soil types or steep slopes. The General Residential Districts are established to maintain previously developed suburban residential subdivisions for their existing or approved low-to- medium density single-family dwellings and related recreational, religious, and educational facilities. Intended to act as a transitional zoning district between rural development in the county and the urban development of the town, these regulations are further intended to discourage any use which would be detrimental to the predominately residential nature of the areas included within the district. The Neighborhood Business District is established as a district in which the principle use of land is for retail trade and services purposes of a lower intensity than the Highway Business (HB) District. Such districts are generally located near residential areas and cater to the everyday needs of nearby residential neighborhoods, stressing accessibility by automobiles, bicycles, and pedestrians. The Highway Business District is generally located on the major thoroughfares in town and provides opportunities for the provision of offices, services, and retail goods. The regulations for this district are intended to accommodate the predominately auto-oriented pattern of existing development while encouraging the creation of new pedestrian-friendly, mixed-use areas that avoid strip commercial development and establish more resilient land development patterns. This district is intended to allow for the continued and future use, expansion, and new development of academic and religious campuses and of governmental and health facilities, where the campus or facility has a total development size greater than 10 acres. The goal is to promote the many varied uses associated with such institutions while maintaining the overall design integrity of the campus setting and minimizing any adverse impacts on the neighboring residential and historic areas. In the attempt to meet this goal numerous requirements are included, such as but not limited to buffers, landscaping, outdoor lighting, parking, signage, building height, setbacks, and the like. The Light Industrial District is established to accommodate externally benign industrial and office uses that pose little nuisance to adjacent residential or mixed-use areas. The Heavy Industrial District is established to accommodate those industrial, manufacturing, or large-scale utility operations that are known to pose levels of noise, vibration, odor, or truck traffic that are considered nuisances to surrounding development.

C. General Residential (GR3, GR5, GR10) Previous District(s): R20, R15, R10, R5, MF, O-I R-20 & R-15 converted to GR3 R-10 converted to GR5 R-5, MF & O-I converted to GR10 where applicable D. Neighborhood Business (NB) Previous District(s): NB, O-I

E. Highway Business (HB) Previous District(s): HB

F. Institutional Campus Development (ICD) Previous District(s): ICD

G. Light Industrial (LI) Previous District(s): I

H. Heavy Industrial (HI)

Town of Wake Forest Unified Development Ordinance – August 17, 2021

2-7

District Provisions 2.2 District Provisions

2

2.2.5. Table of Rural and Suburban District Development Standards

Institutional Campus Development (ICD)

Open Space (OS)

Rural Holding District (RD)

Highway Business (HB)

General Residential (GR3, GR5, GR10)

Neighborhood Business (NB)

Light Industrial (LI)

Heavy Industrial (HI)

Standard

A. DEVELOPMENT STANDARDS 1. District/Development Area (min)

n/a

n/a

n/a

n/a

n/a

10 acres

10 acres

20 acres

GR3: 3 units/acre GR5: 5 units/acre GR10: 10 units/acre

determined by adopted master plan

2. Density (max) 1

n/a

1 unit/acre

n/a

n/a

n/a

n/a

3. Open Space (min) per Chapter 7 4. Park Space (min) per Chapter 7

n/a

10%

10%

n/a

n/a

25%

n/a

n/a

n/a

2.5%

2.5%

n/a

n/a

n/a

n/a

n/a

5. Building Floor Area (Max)

50,000 sq ft per building

n/a

n/a

n/a

n/a

n/a

n/a

n/a

6. Development Floor Area (Max)

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

B. LOT STANDARDS

None except max. 15 acres for Shopping Centers

GR3: 10,000 sq ft GR5: 7,500 sq ft GR10: 5,000 sq ft

5 acres

1. Lot Area (min) 2

40,000 sq ft

20,000 sf

n/a

40,000 sq ft

n/a

2. Lot Width at Front Setback (min) 3

n/a

60 ft

50 ft

none

150 ft

n/a

n/a

n/a

C. PRINCIPAL BUILDING 1. Principal Front Setback (min) 2. Street Side/Secondary Front Setback (min) 3. Side (from adjacent lot) Setback (min) 4

20 ft

20 ft

20 ft

20 ft

30 ft

20 ft

30 ft

50 ft

20 ft

20 ft

20 ft

20 ft

30 ft

20 ft

30 ft

50 ft

10 ft

10 ft

8 ft

15 ft

10 ft

10 ft

15 ft

30 ft

4. Rear Setback (min)

25 ft

25 ft

25 ft

20 ft

30 ft

20 ft

20 ft

50 ft

D. ACCESSORY STRUCTURE

1. Side Setback (min)

10 ft

10 ft

5 ft

10 ft

10 ft

10 ft

10 ft

10 ft

2. Rear Setback (min)

10 ft

10 ft

10 ft

10 ft

10 ft

10 ft

10 ft

10 ft

See Section 4.6

See Section 4.6

3. Other Standards

n/a

See Section 4.6 See Section 4.6

See Section 4.6 See Section 4.6 See Section 4.6

E. PARKING CONFIGURATION 1. Parking Location

By Building Type - See Section 9.3

Parking in Front & Exterior setback not permitted

Parking in first 10 ft

Parking in Exterior setback not permitted except as part

Parking in Front setback not permitted

Parking in Exterior setback not permitted

2. Specific Restrictions

n/a

n/a

n/a

of Front setback

Town of Wake Forest Unified Development Ordinance – August 17, 2021

2-8

District Provisions 2.3 Uses Permitted

2

Institutional Campus Development (ICD) of an approved CD plan

Open Space (OS)

Rural Holding District (RD)

Highway Business (HB)

General Residential (GR3, GR5, GR10)

Neighborhood Business (NB)

Light Industrial (LI)

Heavy Industrial (HI)

Standard

not permitted

F. BUILDING HEIGHT 1. Principal Building (max) 2. Accessory Structure (max)

n/a

35 ft

3 stories

3 stories

3 stories

35 ft

50 ft

50 ft

n/a

35 ft

2 stories

2 stories

2 stories

35 ft

35 ft

35 ft

1 ft additional height permitted with each 1 ft horizontal setback beyond the minimum up to a 20 ft increase in allowable height

1 ft additional height permitted with each 1 ft horizontal setback beyond the minimum up to a 20 ft increase in allowable height

1 ft additional height permitted with each 1 ft horizontal setback beyond the minimum setback up to a 20 ft increase in allowable height

90 ft height permitted in US-1 Corridor Area (Subject to SUP)

3. Additional Height Permitted w/Additional Setback

n/a

n/a

n/a

n/a

1 Subject to the provisions of the Water Supply Watershed Protection Overlay Districts (where applicable). 2 For townhomes this standard applies to the entire townhome development, not individual townhome lots. Different requirements may apply if located in a Special Highway Overlay (SH1-O and SH2-O) District. 3 For townhomes this standard applies to the entire townhome development, not individual townhome lots. Different requirements may apply if located

in a Special Highway Overlay (SH1-O and SH2-O) District. 4 May be increased subject to building code standards.

2.3. Uses Permitted

2.3.1. Use Categories

All uses permitted in the UDO have been divided into 10 categories, defined as follows:

A. Residential: Premises available for long-term human habitation by means of ownership and rental, excluding short-term leasing or rental of less than 1 month. B. Lodging: Premises available for short-term human habitation, including daily and weekly rental. C. Office/Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. D. Commercial/Entertainment: Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. E. Civic: Premises available for organizations dedicated to religion, government, arts and culture, recreation and sports, and other similar areas of public assembly. F. Educational/Institutional: Uses and premises dedicated to education, social service, health care, and other similar functions. G. Automotive: Uses and premises accessed predominately by or dedicated to the sale, maintenance, servicing and/or storage of automobiles or similar vehicles. H. Industry/Wholesale/Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale.

Town of Wake Forest Unified Development Ordinance – August 17, 2021

2-9

District Provisions 2.3 Uses Permitted

2

I. Agricultural: Premises for growing crops, raising animals, harvesting timber, and harvesting fish and other animals from a farm, ranch or their natural habitat and all related functions. J. Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities. 2.3.2. Interpretation of Use Table A. Permitted/Prohibited Uses: Uses not listed as permitted (P); permitted with additional supplemental standards (Ps); or requiring a special use permit (SUP) are presumed to be prohibited ( - ) from the applicable zoning district. Uses denoted with (CZ) indicate that a conditional zoning is required for the use to be considered in the parallel Conditional District. Uses denoted with (A) indicate only permitted as an accessory use. B. Uses Not Listed: In the event that a particular use is not listed in the Use Table, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the Administrator shall determine whether a materially similar use exists in this chapter. Should the Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Administrator’s decision shall be recorded in writing. Should the Administrator determine that a materially similar use does not exist, this chapter may be amended to establish a specific listing for the use in question. C. Materially Similar Uses: The Administrator may determine that a use is materially similar if a permitted use is similarly classified by one or more of the following use classification systems:

1. American Planning Association Land-Based Classification Standards (LBCS)

2. North American Industrial Classification System (NAICS)

3. Institute of Transportation Engineers (ITS) Trip Generation Guide

2.3.3. Use Table See Chapter 15 for procedures on application types and approval processes.

(P)=Permitted (SUP)=Permitted with Approval of Special Use Permit (CZ)=Permitted with Approval of Conditional Zoning (A)=Permitted only as an Accessory Use (s)=Supplemental Use Standards

RURAL

SUBURBAN

URBAN

USE TYPES

OS

RD GR3 GR5 GR10 NB

HB

ICD

LI

HI

UR RMX RA-HC NMX UMX

PUD

A. RESIDENTIAL

OS

RD GR3 GR5 GR10 NB

HB

ICD

LI

HI

UR RMX RA-HC NMX UMX

PUD

HOUSEHOLD LIVING USES Dwelling-Single Family

P

P

P

P

P

P

Ps

P

Dwelling-Duplex

P

P

P

P

Ps

P

Dwelling-Townhome

P

P

P

Ps

P

Ps

P

P

Dwelling-Multifamily

P

P

Ps

Ps

P

Ps

P

P

Dwelling-Accessory

As

As

As

As

As

As

As

As

As

As

As

Family Care Home (6 or fewer residents)

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Town of Wake Forest Unified Development Ordinance – August 17, 2021

2-10

District Provisions 2.3 Uses Permitted

2

RURAL

SUBURBAN

URBAN

USE TYPES

OS

RD GR3 GR5 GR10 NB

HB

ICD

LI

HI

UR RMX RA-HC NMX UMX

PUD

Live-Work Unit

Ps

P

P

Ps

Ps

Ps

Ps

P

P

P

Manufactured Housing – Class A

Ps

Ps

Ps

SUPs

Manufactured Housing – Class B & C

SUPs

SUPs SUPs

Manufactured Home Park

SUPs

GROUP LIVING USES Boarding or Rooming House (12 or fewer persons)

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Dormitory

P

P

Residential Care Facility (More than 6 Residents)

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

Ps

B. LODGING

OS

RD GR3 GR5 GR10 NB

HB

ICD

LI

HI

UR RMX RA-HC NMX UMX

PUD

Bed and Breakfast Home (Up to 8 Rooms)

SUPs SUPs SUPs

Ps

SUPs Ps

Ps

Ps

Ps

Hotel/Inn (Less than 20 Rooms)

SUP

P

P

P

P

P

P

P

P

Hotel/Inn (No Room Limit)

P

P

P

P

P

P

P

C. OFFICE/SERVICE

OS

RD GR3 GR5 GR10 NB

HB

ICD

LI

HI

UR RMX RA-HC NMX UMX

PUD

ATM

P

P

P

P

P

P

P

P

P

P

Bank, Credit Union, Financial Services

P

P

P

P

P

P

P

P

Business Support Services

P

P

P

P

P

P

P

P

P

Dry Cleaning & Laundry Services

P

P

P

P

P

P

P

P

Funeral Home/Crematorium

P

P

P

P

P

P

P

Home Occupation

As

As

As

As

As

As

As

As

As

As

Medical Clinic

P

P

P

P

P

P

P

P

Personal Services

P

P

P

P

P

P

P

P

Personal Services, Restricted

P

Post Office

P

P

P

P

P

P

P

P

Professional Services

P

P

P

P

P

P

P

P

P

Small Equipment Repair/Rental

P

P

P

P

P

P

P

Veterinary Services

P

P

P

P

P

Ps

Ps

Ps

Ps

Ps

D. COMMERCIAL/ENTERTAINMENT

OS

RD GR3 GR5 GR10 NB

HB

ICD

LI

HI

UR RMX RA-HC NMX UMX

PUD

Alcoholic Beverage Sales Store

P

P

P

P

P

P

P

Amusement, Indoor

P

P

P

P

P

P

P

Amusement, Outdoor

P

P

Bar/Tavern

P

P

P

P

P

P

General Commercial

P

P

P

P

P

P

P

P

General Commercial – Use Greater than 100,000 sf

SUP

P

Internet Sweepstakes Facility

Night Club

P

P

P

P

P

P

Town of Wake Forest Unified Development Ordinance – August 17, 2021

2-11

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