§ 48-443. SPD-C special planned development-community district.
(a)
Intent. The following general provisions are intended solely to regulate existing special planned development-community (SPD-C) districts and to prohibit the creation of any new SPD-C districts subsequent to August 4, 1993. Within the existing SPD-C district created prior to August 4, 1993, regulations adapted to unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to the same degree as in districts in which conventional regulations are intended to control development on a lot-by-lot basis. This procedure is intended to promote economical and efficient land use, a higher level of amenities, appropriate and harmonious variety in physical development, design, and an improved living and working environment.
(b)
Relation of SPD-C regulations to general zoning, subdivision, or other regulations. The provisions which follow shall apply generally to the regulation of the SPD-C district. Where there are conflicts between these special provisions and general zoning, subdivision or other regulations or requirements, these special regulations shall apply in the SPD-C district unless the board of commissioners find, in the particular case:
(1)
Provisions in this section do not serve public purposes to a degree at least equivalent to this chapter, chapter 38, subdivisions, of this Code or other regulations or requirements; or
(2)
Actions, designs or solutions proposed by the applicant, although literally in accord with these special regulations or general regulations, do not satisfy public purposes to at least an equivalent degree.
Except as indicated in this subsection (b), procedures and requirements set forth in this section shall apply in the SPD-C district and to issuance of any permits required. When a particular element is not addressed in the SPD-C regulations, the regulations of this chapter shall apply.
(c)
Creation of SPD-C districts. Subsequent to August 4, 1993, the creation of any new SPD-C districts shall be prohibited.
(d)
Effect of approval of SPD-C zoning. Within the boundaries of the SPD-C district, the provisions and development standards of this section shall apply as well as any additional requirements or regulations which may be made a part of an approved development plan for such district by the board of commissioners. Any deviation from or failure to comply with such a requirement shall be considered to be a violation of this chapter and shall be treated under the provisions of article XV of this chapter.
(e)
Amendment of development plan. A proposal for amendment of a development plan for the SPD-C district which does not change the overall density of the district nor increase the amount of approved commercial acreage, nor change the boundaries of the area zoned SPD-C may be approved by the board of commissioners after submission for review and recommendation to the planning board. Any other amendments to a development plan for the SPD-C district shall be treated under the procedures of article XVIII of this chapter.
(f)
Approval of site development plans. No site plan for a proposed use within any zone or district of the SPD-community district shall be accepted for review by the town unless and until the board of commissioners has reviewed proposed rules and regulations governing development in that zone or district and has officially adopted those specific rules and regulations as a part of the SPD-community district section. No building permit shall be issued in the SPD-C district unless and until the planning board and board of commissioners have approved site development plans and reports for the development as a whole or stages or portions of it which are satisfactory to them in relation to total development. No structure or use other than as indicated in approved site development plans and reports shall be permitted. Detailed site development plans for all or any part of the SPD-C district shall be submitted, reviewed and subsequently amended in accordance with the procedures established for site plan review in article XIV of this chapter. Each site development plan shall:
(1)
Be in accordance with the approved development plan.
(2)
Include all the information required for the submission of subdivision plats.
(3)
Show the existing topography and proposed grading at the site at contour intervals of not more than two feet, including existing vegetation, natural features, major dunes, areas liable to flooding and shore conditions.
(4)
Include a grading plan showing proposed water runoff and plans for siltation and erosion control, both during and after construction.
(5)
Show the location, height, ground coverage and use of all structures and the location and areas of open spaces, parking areas and areas dedicated to public use.
(6)
Show all easements and rights-of-way existing or proposed.
(7)
Show the location, dimension and grades of all roads, streets and driveways, parking facilities, points of access to surrounding streets and pedestrian walks and highways.
(8)
Indicate, for each residential structure, the number and type of dwelling units classified by the number of bedrooms and the total floor area to be used for commercial purposes.
(9)
Indicate the floor area of all nonresidential buildings.
(10)
Provide a landscaping and screening plan, showing all manmade features, and the location, mature size and species of all planting materials.
(11)
Provide an exterior lighting plan.
(12)
Show the location of all parks and other community recreational facilities, indicating the location and use of all such land which will be dedicated to public use.
(13)
Include documents indicating the manner in which any land or facility intended for public or quasi-public use, but not proposed to be in public ownership, will be held, owned and maintained in perpetuity for the indicated purposes.
(g)
Development standards and requirements. Within the SPD-C district, the following development standards and requirements shall apply:
(1)
Not less than 20 percent of the total acreage of the SPD-C district shall be designated as common open space. Common open space shall not include any land covered by streets or parking areas or residential or commercial buildings but may include unimproved lands, required buffers or setbacks and common facilities such as swimming pools and tennis courts. In addition, a golf course proposed to be constructed, maintained and operated in private ownership may be included as a component of the required 20 percent of "common open space," provided that the land to be devoted to golf course use shall be described in an easement to be granted to and accepted by the town, pursuant to G.S. 160A-401—160A-407, requiring the land to remain in perpetuity as open space as defined in G.S. 160A-407. Such easement, however, shall not preclude the construction and use of a clubhouse, maintenance building and other structures customarily associated with the operation of a golf course, but the land covered by such structures shall be excluded from the computation of open space.
(2)
Not less than 40 percent of the dwelling units within the SPD-C district shall be detached single-family dwellings.
(3)
Not more than 35 percent of the dwelling units within the SPD-C district may be duplexes, townhouses and/or multifamily dwellings being no more than 140 feet in length, more than 48 feet in width, or more than 35 feet in height.
(4)
Not more than 25 percent of the dwelling units within the SPD-C district may be multifamily dwellings other than those specified in subsection (g)(3) of this section.
(5)
The overall dwelling unit density for any SPD-C district shall not exceed six dwelling units per acre.
(6)
Permitted and conditional uses in the C-2 general commercial district may be approved as part of the total development plan, provided that:
a.
No more than 12 percent of the total SPD-C district acreage is devoted to commercial use.
b.
No commercial use shall be located within 500 feet of any residential district not a part of the SPD-C district.
c.
All commercial uses shall comply with articles V—X of this chapter.
d.
No part of the area shown on the development plan as commercial acreage shall be included in the computation of residential density for the total SPD-C district.
e.
Primary vehicular access shall be from a public thoroughfare and shall be designed to minimize conflict with the flow of traffic, to reduce congestion and avoid potential hazards for vehicles and pedestrians.
(Code 1990, § 22-354)
Cross reference
Businesses and licensing, ch. 12.