UDO Adopted Version July 2024

Article 5: Development Standards Section 5.7. Perimeter and Streetyard Buffers 5.7.2. Applicability

Applicability

5.7.2.

A. New Development

1. Except as otherwise provided in Section 5.7.2.C, Exemptions, the standards in this section shall apply to all new development.

(Ord. No. 2016-001, 05/10/2016)

B. Existing Development

1.

Change in Use Any change in the use of an existing development shall provide additional buffer width, landscaping, and fence or wall, to the maximum extent practicable, necessary to comply with the standards in this section. Upgrading of Buffer Nonconformities Where existing development is nonconforming in terms of compliance with this section’s standards for perimeter and streetyard buffers, such development is subject to the limitations and upgrading requirements in Section 9.7, Nonconforming Site Features.

2.

(Ord. No. 2016-001, 05/10/2016)

C. Exemptions

1.

Residential Development Except when abutting any of the following uses or uses located outside of the Town Center, new residential development in the Town Center shall be exempted from the perimeter buffer standards in this section. In cases where new residential development abuts the following forms of development in the Town Center, the new residential development shall provide a perimeter buffer in accordance with these standards.

a. Cemetery;

b. Major utility facility;

c.

Minor utility facility;

d. Railroad;

e.

Thoroughfare;

f.

Street; or

g. An existing residential dwelling or development.

2. Transit Oriented Development (TOD)

Development internal to the Transit Oriented Development (TOD) district shall only be required to plant shade trees at a minimum of every forty (40) feet within the required sidewalk.

(Ord. No. 2016-001, 05/10/2016)

Required Buffer Type

5.7.3.

Table 5.7.3, Required Buffer Type specifies the type of perimeter or streetyard buffer that a new development shall provide between it and an adjoining property or street, based on the proposed use type on the development site and the existing use type on the adjoining property, the zoning district in which abutting vacant property is located, or the classification of an adjoining street. The type of buffer to be provided is indicated by a letter corresponding to one of the buffer types depicted in Table 5.7.3, Required Buffer Type.

Morrisville, NC

July 9, 2024 Page 5-29

Unified Development Ordinance