UDO Revised Final Draft (11-13-24)

This Chapter identifies the purposes of the UDO and its relationship to other regulations and plans, specifies the genreal applicability of the regulations, and establishes the UDO's effective date.

Chapter 2 establishes 15 conventional zoning districts, including five new districts, five new conditional zoning districts, and parallel conditional zoning districts for most of the conventional districts. 

Chapter 3 regulates principal, accessory, and temporary land uses. Principal uses are either permitted (P) or limited (L) or require establishment of a conditional zoning district (C). Limited uses require compliance with use-specific conditions. 

Some accessory and temporary uses require compliance with use-specific conditions as well as general standards (like setbacks). 

Chapter 4 establishes development and design standards, including standards for building design, landscaping and screening, parking and loading, lighting, and signs. This Chapter incorporates and, in some cases, updates the Chatham County Appearance Commission's Design Guidelines, which are now required elements for certain types of development. 

Chapter 5 establishes general design requirements, such as perimeter buffers, for all subdivisions, as well as standards for six subdivision designs: 

1. Conventional
2. Conservation
3. Compact
4. Agricultural
5. Townhouse
6. Non-Residential 

Chapter 6 provides new tree protection standards recommended by Plan Chatham, the Appearance Commission, the Tree Protection Working Group, and County staff. It carries forward the County's current requirement for recreation area in new residential subdivisions, and offers a density bonus for developments in conditional districts that provide more open space than required. The chapter establishes buffer requirements for cemeteries intended to preserve existing cemeteries in Chatham County and protect them from encroachment by new development. Finally, the chapter establishes long-term preservation and maintenance requirements for all conservation and open space. 

Chapter 7 updates and revises the requirements for developers to install infrastructure in new developments. Important changes include:

1. A requirement for infrastructure improvements to non-residential development;
2. Adoption of new street framework with public streets, private streets, and private driveways that requires dedication of public streets in major subdivisions, requires private streets to comply with NCDOT design standards, and allows gravel access by private easement for subdivisions of 15 or fewer lots;
3. Addition of new street connectivity standards;
4. Clarifies and requires pedestrian and multimodal transportation infrastructure; and
5. Adds location standards for wastewater treatment facilities on development sites.

Chapter 8 significantly simplifiies the County's current Watershed Protection Ordinance and includes the following key changes:

1. The low-density development option is maintained;
2. The high-density option is added for certain areas. The built-upon maximums in this Chapter are set at higher levels than what will be allowed in the base zoning districts. In addition, all single-family development is assumed to include 100% built-upon area, which will limit development intensity compared to the maximum that would be allowed under state law.

Chapter 9 establishes minimum requirements and procedures to control the adverse effects of increased stormwater runoff and non-point and point source pollution associated with existing and new developments and redevelopments, as well as illicit discharges into any conveyance or any waters of the State. 

Chapter 10 regulates certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation. This Chapter generally carries forward the County's current Soil Erosion and Sedimentation Control Ordinance and incorporates revisions proposed by staff.

Chapter 11 seeks to minimize public and private losses due to flood conditions in specific areas by establishing provisions designed to:

1. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights, or velocities;
2. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; 
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
4. Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and
5. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands.

Chapter 12 consolidates most UDO procedures and maps each with a common workflow. As noted in 12.1.2: Applicability, some procedures, such as those related to Watershed Protection and Soil Erosion and Sedimentation Control, will remain with related provisions in their own chapters.

Chapter 13 specifies the role of each elected body, appointed body, and staff person with respect to UDO approval processes and administration. 

Chapter 14 is a comprehensive chapter to deal with existing situations, ranging from permits in progress to more comprehensively addressing different types of nonconformities (uses, lots, structures, and site improvements). It also includes State law requirements related to permit choice and vested rights.

Chapter 15 establishes the procedures to enforce compliance with this UDO and to mandate corrections for violations of this UDO or conditions of a development approval issued under this UDO and the remedies and penalties available to Chatham County to enforce compliance with this UDO.

Chapter 16 establishes general rules for interpreting the UDO and zoning map and describes how to resolve conflicts in County Codes, or between the UDO and state law or administrative procedures, federal law, or private restrictions. This Chapter also establishes rules for measurement or calculation of UDO standards, such as lot area and height.

Chapter 17 is the UDO's glossary. It defines acronyms, terms, and phrases used in the UDO. This Chapter includes most definitions though some chapters, like Chapter 9: Stormwater Management, include defintions specific to that chapter. 

Chapter 18 establishes the information applications must include to be considered complete for review under Chapter 12: Procedures.

Appendix A lists plants that may be used to comply with UDO landscaping and planting requirements. 

Appendix B lists invasive plants that cannot be used to meet UDO landscaping and planting requirements. 

Appendix C includes the certificates that must appear on preliminary and final plats.