UDO UPDATE WORKSHOP #2 CODE DRAFT - TOWN OF HOLLY SPRINGS, NC 09/16/2021 - Holly Springs ...
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UDO UPDATE
WORKSHOP #2
CODE DRAFT
TOWN OF HOLLY SPRINGS, NC
09/16/2021
INDEX OF MAJOR CHANGES ZONING DISTRICTS...................................................................................................................................................2 USES...............................................................................................................................................................................4 OPEN SPACE & CONSERVATION...........................................................................................................................6 STREETS AND SIDEWALKS................................................................................................................................ .12 SITE AND BUILDING DESIGN............................................................................................................................. .14 ADMINISTRATION (PERMIT REVIEW PROCEDURES)................................................................................. .16
ZONING DISTRICTS
CHAPTER 2
GOALS:
• Create districts that match the intent of the Land Use and Character Plan's Character Areas
• Consolidate districts to simplify, but maintain the "places to enhance" in the Land Use and Character Plan
RECOMMENDATIONS:
• Reduce residential districts from 7 to 5, consolidating by density and character
• Re-describe commercial districts as mixed use
• Consolidate Community and General Business districts
• Consolidate Business Technology and Research Technology districts
• Include development standards that maintain consistent character and create a more walkable environment
(setbacks, open space, density, height, etc.)
DISTRICT CONSOLIDATIONS/TRANSLATIONS
CURRENT DISTRICT PROPOSED DISTRICT
SYMBOL USE CATEGORY SYMBOL USE CATEGORY
R-30 Residential Single Family
RR Rural Residential
R-20 Residential Single Family
R-15 Residential District
SR Suburban Residential (4 units/acre)
R-10 Residential District
R-8 Residential Single Family/Two Family NR Neighborhood Residential (6 units/acre)
R-MF-8 Residential Multifamily NCR Neighborhood Center Residential (8 units/acre)
R-MF-15 Residential Multifamily MXR Mixed-Use Residential (15 units/acre)
LB LB Local Business NMX Neighborhood Mixed-Use
TV TV Town Village DMX Downtown Mixed Use
Regional Center (New) RMX Regional Mixed-Use
CB Community Business
CB Community Business (all GB uses will be CD only)
GB General Business
OR Office/Research & Development Park SP Special District
Innovation Village/Center (New) IVMX Innovation Village Mixed-Use
BT Business and Technology
BRT Business and Research Technology
RT Research and Technology
IT Industry and Technology HI Heavy Industrial (Conditional District)
Town of Holly Springs, NC |
2 Proposed Unified Development Code (UDO) Revisions - September 2021
TABLE 2.2.1-A DEVELOPMENT STANDARS FOR RESIDENTIAL USE DISTRICTS
RR SR NR NCR MXR
Lot Configuration
Minimum Lot Area (sf)
Detached Dwellings (standard subdivision) 5 acres 10,000 5,000 -- --
Detached Dwellings (Conservation Subdivision) none none -- -- --
7,500
(30% min. 7,500,
Detached Dwellings w/CZ 1 acre -- -- --
30% min. 10,000,
30% min. 12,000)
Apartment/Attached Dwellings -- -- none none none
Other Buildings/Uses 20,000 10,000 10,000 10,000 10,000
Minimum Lot Width at the Setback Line (ft)
Detached Dwellings 100 60 26 26 26
Attached Dwellings (minimum unit width) -- 20 18 18 18
Apartment Dwelling Buildings (minimum building width) 100 100 100 50 50
Other Buildings/Uses n/a 60 60 60 60
Minimum Lot Frontage at the Right-of-Way (ft) (N5)
Conservation Subdivision Option (N4) 20 20 -- -- --
All Buildings 50 20 18 18 18
Minimum Frontage at the Right-of-Way for a Driveway for
Detached and Attached Dwellings
Permitted by Right (ft) (N6) -- 60 60 60 60
Building Placement
Primary Building Setbacks (ft) (N7)
Front Setback (minimum) 20 20 5 5 5
Front Setback (maxinum) (N8) -- -- 20 15 15
Side Setback - Corner (minimum) 10 10 10 10 10
Side Setback - Interior (minimum) (N9) 10 10 0/10 0/10 0/10/15
Rear Setback (minimum) 25 25 20 20 30
Rear Setback from Alley Centerline (minimum) -- 15 15 15 15
Thoroughfare Setbacks (ft)
Freeway - NC 540/US 1 100 100 100 100 100
Freeway - NC 55 100 100 100 100 100
Thoroughfare 50 50 25 25 25
Town of Holly Springs, NC |
Proposed Unified Development Code (UDO) Revisions - September 2021 3
TABLE 2.2.2-A COMMERCIAL MIXED-USE DISTRICTS DEVELOPMENT STANDARDS
NMX DMX RMX CB
LB TV (NEW) CB/GB
Development Intensity
Minimum Development Area (N1) 0 0 20 0
Development Density
Maximum Gross Residential-Only Density (units/acre) (N2) 15 15 20 20
Maximum Gross Residential Density in Mixed-Use Buildings or w/CZ (units/acre) unlimited unlimited unlimited unlimited
Maximum Gross Floor Area (sf) by building type
Maximum Building Footprint 16,000 50,000 None None
Integrated Center (maximum with Special Use Permit) (N3) 24,000 (125,000) None None None
Open Space/Conservation Area (N4)
Total Minimum Required (% of total project site) 10% 1% 10% 10%
Urban Open Space (minimum) 200 sf/0.5% 200 sf/0.5% 2% 2%
Payment in Lieu (maximum) 5% 0.5% 5% n/a
Lot Configuration
Building Setbacks - All Structures (ft)
Front Setback (minimum) 0 0 0 30
Front Setback (maximum) 20 20 20 0
All other yards (Side and Rear) (N5) 0 0 0 0
Setback to Adjacent RR/SR/NR Districts (minimum) 20 10 50 50
Thoroughfare Setbacks (ft)
Freeway - NC 540/US 1 100 100 100 100
Freeway - NC 55 50 50 50 50
Thoroughfare 25 n/a 25 25
Minimum Frontage at the Right-of-Way for a Driveway for Detached and
Attached Dwellings
Permitted by Right (ft) (N6) n/a 60 n/a n/a
Street-Facing Façade Elements (N7)
Residential Ground-Floor Transparency (Min) 50% 50% 50% n/a
Residential Upper-Floor Transparency (Min) 20% 20% 20% n/a
Commercial/Mixed-Use Ground-Floor Transparency (Min) 50% 70% 70% 40%
Commercial/Mixed-Use Upper-Floor Transparency (Min) 20% 30% 30% n/a
Entry Spacing (ft) Maximum 100 50 100 n/a
Building Height
All Primary Structure(s) (maximum) 20 ft 25 ft/2 stories 25 ft/2 stories 25 ft
Town of Holly Springs, NC |
4 Proposed Unified Development Code (UDO) Revisions - September 2021
2.B. BUILDING PLACEMENT AND SETBACKS 2.C. YARDS
Secondary Frontage
3 3
7
Primary Frontage
4
6 2
6
4
5 1
Front Yard Side Yard Rear Yard
15 ft. Depth
Min.
1 Front Setback 5 Frontage
2 Side Cornered Setback 6 Primary Structure
3 Rear Setback 7 Accessory Structure
4 Inside Setback
2.D. BUILDING HEIGHT
PITCHED ROOF RESIDENTIAL ENCROACHMENT FLAT ROOF COMMERCIAL ENCROACHMENT
Front Setback Line
Right of Way
Right of Way
Setback Line
Story
Story
Max. Height
Max. Height
Story
Story
Average Grade
Average Grade Permitted Front
Encroachment
Permitted Front
Encroachment
Front Yard
2.E. INFILL LOT SETBACKS
Town of Holly Springs, NC |
Proposed Unified Development Code (UDO) Revisions - September 2021 5
USES CHAPTER 3
GOALS:
• Allow a wider mix of uses in most districts while preserving and enhancing the essential character of the Town
• Include specific use standards for those uses that may have negative impacts on the surrounding area
• Allow for context-sensitive infill development
• Increase home and neighborhood choices
RECOMMENDATIONS:
• Reorganize use categories
• Use general descriptions for uses rather than long, exhaustive lists that may miss similar, acceptable uses
• Allow a wider mixture of residential and low-impact commercial uses that can enhance neighborhoods and serve
nearby residents
• Use Conditional Zoning to allow innovative developments that do not fit neatly into use categories or that need
an additional layer of scrutiny
• Include additional standards for uses to maintain compatibility with neighbors
TABLE 3.2.A - TABLE OF PERMITTED USES
COMMERCIAL / MIXED- EMPLOYMENT / CAMPUS
RESIDENTIAL DISTRICTS
USE DISTRICTS DISTRICTS
ADDITIONAL
PROPOSED DISTRICTS RR SR NR NCR MXR NMX DMX RMX CB SP IVMX BRT HI STANDARDS
Retail, Dining, and
3.3.5
Entertainment Uses
Adult Establishments -- -- -- -- -- -- -- -- -- -- -- -- PS
Amusement (Indoor) -- -- -- -- -- PS PS P P -- -- P --
Amusement (Outdoor) -- -- -- -- -- -- -- -- CD -- -- -- --
Bar/Nightclub/Tasting Room -- -- -- -- -- SUP PS PS PS -- PS -- --
Drive In/Drive Through -- -- -- -- -- SUP -- PS PS PS -- -- --
Electronic Gaming Operations -- -- -- -- -- -- -- -- -- -- -- -- **SUP
Food/Restaurant Uses -- -- CD CD CD **P **P **P **P -- P A --
Fueling Station -- -- -- -- -- -- -- PS P -- PS P P
Large Vehicle and Heavy
-- -- -- -- -- -- -- -- -- -- -- P P
Equipment Sales and Service
Manufactured Home Sales -- -- -- -- -- -- -- -- CD -- -- -- --
Retail Uses -- -- CD CD P P P P P -- P A --
Town of Holly Springs, NC |
6 Proposed Unified Development Code (UDO) Revisions - September 2021
TABLE 3.2.A - TABLE OF PERMITTED USES
COMMERCIAL / MIXED- EMPLOYMENT / CAMPUS
RESIDENTIAL DISTRICTS
USE DISTRICTS DISTRICTS
ADDITIONAL
PROPOSED DISTRICTS RR SR NR NCR MXR NMX DMX RMX CB SP IVMX BRT HI STANDARDS
Residential Uses 3.3.2
Apartment Dwelling -- -- -- CD P PS PS **PS -- -- **PS -- --
Attached Dwelling -- -- P P P CU **CU CU -- -- **CU -- --
Detached Dwelling P P P P P CU -- CU -- -- -- -- --
Family Care Home P P P P P -- -- -- -- -- -- -- --
Group Home -- -- -- -- -- PS -- SUP -- -- -- -- --
Manufactured Dwelling PS -- -- -- -- -- -- -- -- -- -- -- --
Residential Care Facilities -- -- -- P P P -- P P P P -- --
Lodging Uses 3.3.3
Bed and Breakfast PS PS PS PS PS PS PS PS -- -- PS -- --
Hotel -- -- -- -- -- SUP P P P P P -- --
Inn -- -- -- SUP SUP P P P -- -- P -- --
Motel -- -- -- -- -- -- -- -- SUP -- -- -- --
Office and Service Uses 3.3.4
Animal Boarding and Outdoor
PS -- -- -- -- -- -- -- PS -- -- PS --
Kennel
Business Services -- -- CD CD CD P P P P P P P P
Child Care Center SUP SUP SUP SUP P P P P P P P P --
Hospital -- -- -- -- -- -- -- -- -- P P -- --
Laundry, Self-Service -- -- -- -- -- P -- P P -- -- -- --
Medical Office -- -- -- -- -- P P P P P P -- --
Mortuary/Funeral Home/
PS -- -- -- -- PS -- P -- P P -- --
Crematory
Office Use -- -- CD CD CD P P P P P P P P
Personal Services -- -- CD CD CD P P P P -- P P --
Tattoo Studios -- -- -- -- -- -- -- P P -- P --
Vehicle Service (Major) -- -- -- -- -- -- -- -- CD -- -- P P
Vehicle Service (Minor) -- -- -- -- -- PS -- PS P -- PS P P
Veterinary Clinic/Hospital P -- -- -- -- P P P P -- P P --
Town of Holly Springs, NC |
Proposed Unified Development Code (UDO) Revisions - September 2021 7
OPEN SPACE & CONSERVATION
CHAPTER 4
GOALS:
• Preserve as much of the Town’s native tree canopy as feasible and protect natural resources (including wetlands,
streams, rivers, lakes, and watersheds).
• Provide open space and recreation as part of most new development projects/subdivisions. Provide access to
open space and parks to Town residents and visitors.
• Clearly identify the open space and conservation requirements for new projects/subdivisions and remove
duplications in the standards.
RECOMMENDATIONS:
• Establish minimum open space / conservation requirements based on the zoning district and proposed
development scale.
• Require different types of open space / conservation areas for each project/subdivision (e.g., tree preservation,
environmental conservation, and active parks).
• Establish unique design and dimensional requirements for the various types of open space / conservation areas so
the resulting land is usable and well-planned.
• Prioritize high quality trees and environmental areas for open space and conservation.
• Create conservation areas/greenbelts along major roadways and riparian areas (e.g., wetlands, streams).
• Create design and permitting flexibility and allow some payment-in lieu options.
APPLICABLE PROJECTS/ACTIVITIES
General Applicability. All subdivisions and development projects (i.e., new construction, building additions,
parking area expansions, etc.) will be required to provide open space/conservation areas.
Exemptions. However, the following lists specific exemptions from Tree Preservation requirements to account for
smaller projects and areas that are intended to be more urban in character:
1. Subdivisions with less than 4 lots
2. Individual buildings not a part of a larger project or subdivision (e.g., infill project on previously subdivided lot)
with 4 or fewer units
3. Subdivision/Development Projects Less than 2 Acres in size
4. Subdivisions and/or development projects located within the Downtown Village District Future Land Use
category (from the Holly Springs Comprehensive Plan)
Town of Holly Springs, NC |
8 Proposed Unified Development Code (UDO) Revisions - September 2021OPEN SPACE / CONSERVATION TYPES
The Town will require new subdivisions and projects to provide different types of open space and conservation
areas based on the zone and the presence of environmental features. Most projects will be required to provide a
combination of the following open space/conservation types:
Tree Preservation Area – These areas are intended to protect the Town’s native tree canopy.
Generally, tree preservation areas will appear as wooded greenways where large tree stands and
specimen trees exist on the property.
Active Recreation Area - These areas are intended to provide open space and parks within
new projects/subdivisions so its residents/tenants have close access to recreational amenities
– these areas are normally private amenities. Generally, active recreation areas will appear as
neighborhood parks, sports fields, community pools, and similar amenities.
Urban Civic Space – These areas are intended to provide outdoor community gathering spaces
in some of the commercial and mixed-use areas of the Town. Urban Civic Spaces usually take
the form of plazas, patios, and small parks that are incorporated into apartment, commercial,
and/or mixed-use developments so their visitors, customers, and tenant can have access to
outdoor space.
Conservation Areas – These areas are intended to (1) protect riparian areas (e.g., rivers, streams,
and wetlands) and/or (2) establish greenbelts along major roadway corridors. Generally,
conservation areas will appear as natural corridors but may include trails.
Public Recreation Space – These areas are intended to provide public open space to Town
residents and the general public (not reserved solely to the project residents/tenants). New
residential projects are required to provide 1/35-acres (or 1,245-square feet) of public recreation
space per unit in the project. Developers will provide Public Recreation space in addition to the
project’s Active Recreation Area requirement.
Town of Holly Springs, NC |
Proposed Unified Development Code (UDO) Revisions - September 2021 9REQUIRED OPEN SPACE
General Open Space Requirements. New subdivisions and development projects (unless exempted above) must
provide the minimum dedicated areas for open space for active recreation, tree preservation, and conservation shown
in the table below
Method Options. Most projects may provide open space/conservation in one of two methods – Method 1 requires
a combination of open space types (e.g., tree preservation and parks) whereas, Method 2 requires a larger portion of
the site/development devoted to conservation.
Payment In Lieu Option. The Town will allow a developer the option to submit a payment to the Town in lieu of
providing some of the required open space/conservation area. Payment In Lieu is not available for required private,
active recreation areas
TABLE 4.2-A – MINIMUM OPEN SPACE REQUIREMENTS BY DISTRICT
RESIDENTIAL DISTRICTS COMMERCIAL MIXED-USE DISTRICTS EMPLOYMENT/CAMPUS DISTRICTS
RR SR NR NCR MXR NMX DMX RMX CB SP IVMX BRT HI
Method 1: Open Space /
Conservation Area (N1,
N2 & N3)
Total Minimum Required
20% 30% 30% 15% 15% 10% 1% 10% 10% 10% 1% 0% 0%
(% of total project site)
Tree Preservation Area
0% 20% 20% 10% 10% 10% n/a n/a 10% n/a n/a 0% 0%
(minimum) (N5)
Active Recreation Area
0% 5% 5% 5% 5% n/a n/a 2% 2% 2% 2%
(minimum) (N5)
200 200 200 200 200 200
Urban Civic Space
n/a n/a n/a n/a n/a sf/0.5% sf/0.5% sf/0.5% sf/0.5% sf/0.5% sf/0.5%
(minimum)
(N4) (N4) (N4) (N4) (N4) (N4)
Public Recreation Space 1/35 acre X total number of dwelling units (some lands subject to reduction in credit - see 4.2.1C)
Method 2: Minimum
Open Space (Conservation 50% 40% 40% n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a
Subdivision Option)
PRIORITY OPEN SPACE / CONSERVATION AREAS
Developers will be required to prioritize the following environmental features and topographic characteristics when
defining the location, configuration, and size of required open space/conservation areas within the project.
1. Specimen Tree 4. Designated Greenways
2. Mature Native Tree Canopies 5. Rock Outcroppings
3. Riparian Areas and Uplands Adjacent to 6. Natural Viewsheds
Wetlands outside of required zones
Town of Holly Springs, NC |
10 Proposed Unified Development Code (UDO) Revisions - September 2021TREE PROTECTION
The Town will require developers to prioritize specimen trees and significant tree stands as part of new projects/
subdivisions and to meet its minimum tree protection requirements. The following defines these tree features.
Specimen Tree Preservation. Specimen trees include the following:
• Over 30” diameter at breast height (DBH) for Pine species; or
• Over 24” DBH for non-Pine species; or
• For other unique or rare tree species: (1) Flowering Dogwood – over 3” DBH; (2) Eastern
Redbud – over 3” DBH; (3) Longleaf Pine – over 12” DBH
Significant Tree Stands. Tree stands include contiguous wooded area of at least 10,000square feet
and contain mature hardwood.
Allowances. The Town will continue to allow developers/property owners to remove trees that are
dead or are in poor health subject to permitting standards.
CONSERVATION BUFFER AREAS
The Town will require two types of conservation buffers as summarized below (theses are in addition to the Tree
Protection and Active Recreation area requirements).
Thoroughfare Conservation Buffers. Conservation buffer areas will be required in subdivisions /
development projects which abuts the major roadways/thoroughfares. The following table lists these
buffer requirements based on roadway/thoroughfare and zoning district.
TABLE 4.5-A – MINIMUM CONSERVATION BUFFER AREA WIDTHS
ZONING DISTRICTS
THOROUGHFARE RR, SR, AND NR MDR, HDR NMX DMX CB, SP, INMX, BRT, AND HI
NC-540 and US1 100 feet 100 feet 100 feet 100 feet 100 feet
NC 55 100 feet 100 feet 50 feet 50 feet 50 feet
Riparian Conservation Buffers. Conservation buffers will be required in subdivisions /
development projects that contain and/or abut drainage ways, wetlands or riparian areas. Certain
watersheds will have unique buffer standards that coincide with the habitat function and state/
federal conservation standards (these include the Bass Lake Watershed, Neuse River Basin, and
Cape Fear River Basin). The buffer widths will depend on the watershed and specific environmental
elements.
Town of Holly Springs, NC |
Proposed Unified Development Code (UDO) Revisions - September 2021 11STREETS AND SIDEWALKS CHAPTER 7
GOALS:
• Promote more walkable street cross-sections
• Coordinate transportation and land use in the community
• Require coordinated streetscape design for a desirable public realm
RECOMMENDATIONS:
• Create clear connectivity requirements for new development; deter the use of cul de sacs
• Provide a suite of standards for streetscapes that includes the street, sidewalks or side paths, parking and
landscaping
• Enhance standards for bike lanes, path, and bicycle parking
• Enhance standards for pedestrian connectivity within and through parking areas
Town of Holly Springs, NC |
12 Proposed Unified Development Code (UDO) Revisions - September 2021Town of Holly Springs, NC | Proposed Unified Development Code (UDO) Revisions - September 2021 13
SITE AND BUILDING DESIGN CHAPTER 8
GOALS:
• Create a framework for context-sensitive infill development
• Require appropriate transitions between areas of different densities and intensities of use
• Retrofit suburban, auto-oriented areas to be more friendly to those walking, biking or using transit
• Emphasize the design of buildings and places more than the uses taking place within the buildings
• Preserve and enhance the desirable character of the Town
RECOMMENDATIONS:
• Regulate the design of buildings by type and scale (eg. large, small, residential, mixed use)
• Require active facade design in commercial and mixed use areas including minimum use of windows and
variation in the facade that creates interest for passerby
• Allow flexibility and innovation in the design of buildings and sites through alternatives to compliance
• Create standards for building bulk, massing and placement so that the street is safe, inviting and active
• Require new development to design for increased natural surveillance ("eyes on the street")
Town of Holly Springs, NC |
14 Proposed Unified Development Code (UDO) Revisions - September 2021SITE DESIGN REQUIREMENTS:
Access and circulation. Pedestrian access to buildings from public sidewalks, parking areas and
greenways; vehicular access that minimizes conflicts with pedestrians
Crime Prevention Through Environmental Design. including visibility, lighting levels, space
delineation (so it is clear where public and private spaces are located), and natural access control
through location of entrances, lighting and landscaping
Off-street Parking. Regulate the movement and parking of vehicles so they allow appropriate
access without endagering pedestrians; allow for separation of parking areas from sidewalks and
landscaped areas; reduce the area where cars, trucks or service/delivery vehicles have to back up
Lighting. provide for the design and placement of outdoor light fixtures which: provide for safe
illumination levels; provide for uniform and consistent site lighting; are designed to protect
against the spillover of light onto abutting properties; and, are designed to protect against glare
which may impair the vision of motorists.
BUILDING DESIGN REQUIREMENTS:
• Require building facades to be parallel to lot lines
• Require amenities such as landscaping, tables and seating between the fronts of buildings and the front lot line
• Require both horizontal variations in facades, to avoid long blank walls, including designing a discernable base,
middle and top
• Regulate facade materials for durability and quality
• Create standards for building bulk, massing and placement so that the street is safe, inviting and active
• Require new development to design for increased natural surveillance ("eyes on the street")
Town of Holly Springs, NC |
Proposed Unified Development Code (UDO) Revisions - September 2021 15ADMINISTRATION (PERMIT REVIEW
PROCEDURES) CHAPTER 11
GOALS:
• Define (and clarify) the review procedures and submittal requirements for each permit type
• Require public hearings and higher-level reviews for large projects and/or projects that have the potential for
causing negative impacts on surrounding neighborhoods
• Streamline/expedite the permit review process for projects that have less potential impact on the surrounding
neighborhoods
RECOMMENDATIONS:
• Incorporate tables to visually explain the review procedures and submittal requirements (e.g., Review Matrix).
• Define each decision-making body and clarify their roles and authority.
• Create an “administrative adjustment” process for property owners to seek minor deviations for UDO standards.
• Outline the submittal requirements for each permit type.
DECISION-MAKING BODIES:
The Town will refine and clarify the roles and responsibilities for its various decision-making bodies – these bodies
provide review, recommendations, and/or approval for various permits. The following summarizes these bodies:
UDO Administrator and Town Staff – The Administrator is the chief administrative officer of
Town staff and the UDO. Town staff will provide technical review of each permit application. For
small permits (like house additions), the Administrator and their staff will approve permits that fully
comply with the UDO.
Development Review Committee (DRC) – The DRC would comprise representatives from
various Town departments that will collaboratively review more complex permit applications (e.g.,
subdivisions, development plans, etc.) which usually involve comprehensive site development. For
certain permits, the DRC will approve permits that fully comply with the UDO. For other permit
applications, the DRC will provide a recommendation to other decision-making bodies including the
Planning Board or Board of Adjustments.
Planning Board – The Planning Board comprises nine appointed members that will review larger
permit applications and special use permits that may cause impacts on adjacent properties. For special
use permits and larger-scaled projects, the Planning Board will conduct a public hearing and then vote
to approve, approve with conditions, or deny the application. For much larger projects, zone changes,
and amendments to the Comprehensive Plan, the Planning Board will make a recommendation to
Town Council for final action.
Town of Holly Springs, NC |
16 Proposed Unified Development Code (UDO) Revisions - September 2021Board of Adjustment (BOA) – The BOA comprises five appointed members that will review
variance applications (these include deviations from UDO standards like significant setback
reductions). The BOA will conduct a public hearing and then vote to approve, approve with
conditions, or deny the application. The BOA would also hear appeals of town staff actions on
permits.
Town Council – Council will continue to review and act on very large project applications, zone
changes, Comprehensive Plan amendments, and other special planning projects in the Town.
SUMMARY OF AUTHORITY
Proposed changes to the final decision-making authority for various types of applications is summarized below:
ADMINISTRATIVE APPROVAL (WITH DRC) BOARD OF ADJUSTMENTS
• Small development plans • Variances
• Minor modifications
• Minor subdivisions (less than 100 lots) TOWN COUNCIL
• Administrative Adjustments • DMX Development plans
• Comprehensive Plan Amendments
PLANNING BOARD • Long Range Plans
• Development plans • UDO text amendments
• Special Use Permits • Zoning Map Amendments
• PUD Amendments • Subdivision / Preliminary Plat (more than 250 lots)
• Subdivision / Preliminary Plat (between 100-250 • Major modifications to above
lots)
• Major modifications to above
REVIEW MATRIX:
The proposed UDO will include a refined and more simplified Review Matrix that categorizes the various permits
into a series of review types (Types 1 – 7). The Matrix defines the associated applications/permit for each review type
and identifies the decision-making bodies that will review and take action on the proposed projects.
Town of Holly Springs, NC |
Proposed Unified Development Code (UDO) Revisions - September 2021 17TABLE 11-A: DECISION AND REVIEW MATRIX
(*H) = PUBLIC HEARING FORMAT REQUIRED
REVIEW AND
FINAL DECISION-
REVIEW TYPE APPLICATION/PETITION TYPES RECOMMENDATION APPEAL AUTHORITY
MAKING BODY
BODY
Type 1 – Administrator’s Interpretation N/A Administrator (or 1st Appeal: Board of
Administrative designee) Adjustment (BOA) (*H)
Action Final Plat
(Administrator 2nd Appeal: Superior
Permitted Uses (pursuant to Table 3.2 AND not involving a Court
review) Development Plan)
Minor Modifications
Minor Subdivision (involving less than 4 resulting lots AND no
new street right-of-way
Environmental Permits
Temporary Use Permit
Type 2a – Construction Drawings Town Staff / Various Development Review 1st Appeal: Board of
Administrative Departments Committee (DRC) Adjustment (BOA) (*H)
Action Development Plan (not involving a building/use that exceeds Except, appeals relating
(Development size limitations, and/or Special Use Permit Standards) to Environmental
Review Committee / Lot Split / Lot Line Adjustment Permits require a Type 2c
DRC review) Review)
Subdivision / Preliminary Plat (involving up to 100 new lots)
2nd Appeal: Superior
Court
Type 2b – Quasi- Administrative Adjustments Town Staff / Various Development Review 1st Appeal: Board of
judicial Action Departments Committee (DRC) (*H) Adjustment (BOA) (*H)
(Development
Review Committee / 2nd Appeal: Superior
DRC review) Court
Type 2c – Quasi- Environmental and/or Riparian Modifications, Variance, and/ Town Staff / Various Environmental Appeal Superior Court
judicial Action or Waiver (involving the requirements of Chapter 8 of the Departments Committee (*H)
(Environmental Holly Springs Code of Ordinances)
Appeal Committee)
Type 3 – Quasi- Amendments to an approved Planned Unit Development, Town Staff / Various Planning Board (*H) Superior Court
judicial Action and/or Development Options Departments
(Planning Board
review) Development Plan (involving a building/use that exceeds
size limitations pursuant to Table 3.2, Use Provisions, and/or
Special Use Permit Standards)
Special Use Permit
Subdivision / Preliminary Plat (involving greater than 100 but
up to 250 new lots)
Major Modifications (involving previously approved Type 3
applications/petitions)
Type 4 – Quasi- Variance(1) Town Staff / Various Board of Adjustment Superior Court
judicial Action Departments (*H)
(Board of Major Modifications (involving previously approved Type 4
Adjustment review) applications/petitions)
Town of Holly Springs, NC |
18 Proposed Unified Development Code (UDO) Revisions - September 2021TABLE 11-A: DECISION AND REVIEW MATRIX
(*H) = PUBLIC HEARING FORMAT REQUIRED
REVIEW AND
FINAL DECISION-
REVIEW TYPE APPLICATION/PETITION TYPES RECOMMENDATION APPEAL AUTHORITY
MAKING BODY
BODY
Type 5 - Quasi- Subdivision / Preliminary Plat (involving > 250 new lots) Town Staff / Various Town Council (*H) Superior Court
judicial Action Departments AND
(Town Council Development Plan (involving the DMX zone) Planning Board
Review) Major Modifications (involving previously approved Type 5
applications/petitions)
Type 6 - Legislative Comprehensive Plan Amendments Town Staff / Various Town Council (*H) Superior Court
Action (Town Departments AND
Council Review) Other Town Planning Policy/Regulatory Actions Planning Board
Long-range Plans / Special Studies (or equivalent)
UDO Text Amendments
Zoning Map Amendments (involving policy/rule
amendment(s))
Major Modifications (involving previously approved Type 6
applications/petitions)
Type 7 – Other Annexations Town Staff / Various N/A Superior Court (when
Actions (Town Departments applicable)
Council Review) Development Agreements Town Council (*H)
RESERVED
(1) The Planning Board or Town Council may review and take action on variance requests that are associated with a concurrent Development Plan, Special Use
Permit, large Subdivision, Major Modification, and/or zoning map amendment application.
VARIANCES AND ADMINISTRATIVE ADJUSTMENTS:
The proposed UDO will include two options for applicants to obtain deviations or flexibility from the UDO
standards – these options are intended to account for constrained sites and pre-existing structures where the strict
application of the UDO would cause undue hardship to the developer/property owner.
Variances. This is an application process where applicants may seek deviations, modifications,
and/or full waivers from certain UDO dimensional and/or design standards. Variances may be
approved through a formal application and approval before the Board of Adjustment in a public
hearing format.
Administrative Adjustments. This is an administrative (Town staff level) process where
applicants may seek minor and limited reductions from certain UDO dimensional and/or
design standards. Administrative adjustments may be approved through a formal application
and approval from the DRC. This is a new process and is intended to be much simpler than
a variance process (e.g., a one-foot setback reduction will no longer require a public hearing
before the BOA).
Town of Holly Springs, NC |
Proposed Unified Development Code (UDO) Revisions - September 2021 19TOWN OF HOLLY SPRINGS, NC
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