Johnston County Unified Development Ordinance (UDO) Final

10 Johnston County Unified Development Ordinance UDO PageUNIFIED DEVELOPMENT ORDINANCE FAQ 1 What is Zoning Zoning is a land use control that regulates the development standards of a property Development standards typically include • Uses allowed on the property • Lot sizes • Setbacks • Building structure heights • Density and or intensity – density is typically represented at dwelling unit per acre DU A and intensity is often represented as Floor Area Ratio FAR 2 What is the Zoning Map The Zoning Map reflects where zoning districts are located within Johnston County The map is a tool to communicate what development standards are applicable to what properties The Zoning Map will not be amended as part of the adoption of the UDO 3 What land area does the UDO regulate The regulations of the UDO are only applicable to properties within the corporate limits of Johnston County , as reflected on the official zoning map 4 Does my zoning district affect my taxes The zoning of your property does not affect or impact property taxes Zoning determines the development standards such as the allowable uses of the property , but zoning itself does not factor into the property value assessment that determines property taxes 5 Why does the County need to update its Zoning Ordinance and Zoning Map The County has experienced exponential growth over the past two decades , but the existing land development codes have not kept pace There have been modifications and additions to the Zoning Ordinance and Land Development Regulations LDR over the years , but the UDO provides an opportunity for full review and update of existing standards The County desires a UDO that is user - friendly , consistent with state and federal laws , and reflects contemporary zoning and subdivision practices 6 What is the relationship between the 2040 Comprehensive Plan and the UDO The 2040 Comprehensive Plan serves as a long - range guide that establishes development - related vision statements and action items The UDO will serve as an implementation tool for many of the goals and recommendations set forth in the 2040 Plan and Future Land Use Map Planning staff are currently working with Kimley - Horn and Associates , Inc to draft a Unified Development Ordinance UDO The primary intent of the UDO is to regulate development by implementing Johnston County’s development and redevelopment standards and fulfill the visions identified within the County’s 2040 Comprehensive Plan PROJECT BACKGROUND PRIMARY GOALS • Implement recommendations from the Envision Johnston 2040 ComprehensiveLand UsePlan • Combine two regulatory documents • Update development and design standards • Incorporate new zoning districts to encourage mixed - use , density , and or neighborhood - scale retail where appropriate • Create a graphic - rich , user - friendly policy guide Unified Development Ordinance FAQ QUESTIONS COMMENTS Board of Commissioners commissioners @ johnstonncgov Planning Department 919 989 - 5150 planning @ johnstonncgov 04 ADOPTIONPageCOMPREHENSIVE PLAN FAQ 1 What is a Comprehensive Plan A Comprehensive Plan is a long - range planning document that guides future growth , land use , infrastructure , and community priorities It is created with public input , stakeholder meetings , and leadership guidance and typically looks 10 – 20 years into the future • Land Use • Agriculture • Transportation • Housing • Environment • Economic Development 2 Key Takeaway The Comprehensive Land Use Plan reflects the community’s vision for the future The UDO update helps implement that vision through development standards 3 The Comprehensive Plan sets the vision The UDO provides the regulations used to implement that vision Community Vision The Johnston County Comprehensive Land Use Plan was developed through • Community meetings • Stakeholder input • Planning Board discussions • County leadership review • Public engagement • Resident input • Local business input • Agricultural community input PROJECT BACKGROUND PRIMARY GOALS Most counties and municipalities across North Carolina use Comprehensive Plans to guide long - term development • Plan for responsible growth • Protect rural areas and farmland • Identify where development should occur • Coordinate infrastructure like roads , water , and schools • Provide guidance for future decisions Comprehensive Land Use Plan FAQ Whatitdoes WhatitdoesNOTdo ? Establishesalong - termcommunityvision ? Identifiesgoalsand priorities ? Providesguidanceforlandusedecisions ? Itdoesnotregulateproperty ? Itdoesnotchangezoningbyitself ? Itdoesnotimposedevelopmentstandards ImplementationtoolssuchaszoningandtheUnifiedDevelopmentOrdinance UDO areused tocarryoutthevisionoftheComprehensivePlan ComprehensiveLand Use Plan UnifiedDevelopmentOrdinance UDO DevelopmentDecisions QUESTIONS COMMENTS 919 - 989 - 5150 planning @ johnstonncgovPageConnection to the Comprehensive Plan Comprehensive Land Use Plan Goals & UDO Implementation Comprehensive Plan Goal UDO Update Connection GM - 5 Amend , or rewrite , the Johnston County Land Development Code LDC to effectively implement the plan with local regulations that align with the policy recommendations The UDO rewrite modernizes and consolidates regulations to directly implement the Comprehensive Land Use Plan’s growth management and land use policies LU - 1 Direct future growth toward the municipalities Growth is directed toward municipalities through land use alignment and paper districts that support appropriate densities near infrastructure LU - 4 Support more intense residential development and a broader range of housing types Paper districts will allow future rezoning to higher densities and a broader range of housing types , supporting housing choice and compact development LU - 6 Protect viable agriculture Agricultural viability is protected through ag - to - non - ag compatibility standards and low - density land use designations in rural areas CDD - 1 Establish higher standards for new development Development standards are streamlined and clarified to create a more user - friendly , predictable UDO while raising development quality CDD - 2 Maintain the rural character of the unincorporated areas of the county , particularly the features that are unique and contribute to the identity of the place Rural character is preserved by limiting density in unincorporated areas and reducing conflicts between agriculture and new development PagePage pageNumber5FromVisiontoImplementationHowtheUDOImplementstheJohnstonCountyComprehensivePlan CommunityInput ComprehensivePlan CommunityVision UnifiedDevelopment Ordinance ImplementationTools FutureDevelopment Decisions IMPLEMENTATIONPagePage pageNumber6DENSITYPagePage pageNumber7Johnston County | Unified Development Ordinance Update DENSITY CALCULATION OPTIONS Gross Density Net Density Includes ALL land within a site • Roads • Sidewalks • Stormwater areas • Open space • Buffers • Utility areas Only includes land used for individual home lots Excludes roads , open space , stormwater , etc Formula Total Homes ÷ Total Land Area Formula Total Homes ÷ Buildable Lot Area What it Means This is the overall density people “ feel ” across a neighborhood What it means This reflects how closely homes sit next to each other • What is Density • Density How many homes are built on a piece of land , measured in dwelling units per acre du ac • Example • 1 home on 1 acre 1 du ac • 4 homes on 1 acre 4 du ac • Gross vs Net Density • Example 10 - acre site with 20 homes • Gross Density 20 homes ÷ 10 acres 2 du ac • Net Density 20 homes ÷ 5 acres after roads , open space , etc is excluded 4 du acPagePage pageNumber8ZONING – RESIDENTIAL PAPER DISTRICTSPagePage pageNumber9Johnston County | Unified Development Ordinance Update ZONING DISTRICTS Existing Proposed Table B 13 AG District Development Standards Table Building Height Max B 1 - 82 A Three 3 Stories 50 FT2 Density Max B 1 - 83 A 1 Unit 5 Acres Setbacks Min 1 B 1 - 82 C Front Street 50 FT Subdivision Street 50 FT Local Road 70 FT Arterial Side 25 FT Rear 50 FT Lot B 1 - 82 D Width Min 150 FT Area Min 217,800 SF 5 Acres Building Coverage Max 4 10 Additional Standards 1 Minimum side setback along street is 50 FT 2 Maximum height does not apply to accessory uses structures associated with bona fide agricultural uses 3 Subdivision Street setbacks shall be found in Chapter D Subdivisions 4 The building coverage specified in this table shall not conflict with the coverage standards of the Stormwater Ordinance Where such standards conflict , the standards of the Stormwater Ordinance will take precedence Page0Johnston County | Unified Development Ordinance Update AG AGRICULTURAL A Intent The Agricultural District AG allows for both Agriculture , large lot residential , and commercial Uses See also Chapter B 1 - 12 Accessory Usesfor accessory building standards These areas may be served by a rural level of municipal services public water and sewer are not required if certain conditions are met Table B 13 AG District Development Standards Table Building Height Max B 1 - 82 A Three 3 Stories 50 FT2 Density Max B 1 - 83 A 1 Unit 5 Acres Setbacks Min 1 B 1 - 82 C Front Street 50 FT Subdivision Street 50 FT Local Road 70 FT Arterial Side 25 FT Rear 50 FT Lot B 1 - 82 D Width Min 150 FT Area Min 217,800 SF 5 Acres Building Coverage Max 4 10 Additional Standards 1Minimum side setback along street is 50 FT 2Maximum height does not apply to accessory uses structures associated with bona fide agricultural uses 3 Subdivision Street setbacks shall be found in Chapter D Subdivisions 4 The building coverage specified in this table shall not conflict with the coverage standards of the Stormwater Ordinance Where such standards conflict , the standards of the Stormwater Ordinance will take precedence Page1Johnston County | Unified Development Ordinance Update AE AGRICULTURAL ESTATE A Intent The Agricultural Estate District AE allows for and encourages resource conservation and development with an agricultural orientation The district is established to 1 Create a transition of density consistent with the Johnston County Land Use Plan 2 Permit a combination of residential and agricultural development 3 Accommodate development in areas within the County which may be served by a rural level of municipal services public water and sewer are not required if conditions are met Table B 14 AE District Development Standards Table Building Height Max 1 B 1 - 82 A Three 3 Stories 50 FT2 Density Max B 1 - 83 A 1 Unit 2 Acres Setbacks Min 2 B 1 - 82 C Front Street 50 FT Subdivision Street 50 FT Local Road 70 FT Arterial Side 25 FT Rear 50 FT Lot B 1 - 82 D Width Min 150 FT Area Min 87,120 SF 2 Acres Building Coverage Max 3 15 Additional Standards 1Maximum height does not apply to accessory uses structures associatedwith bona fide agricultural uses 2 Minimum side setback along streets is 50 FT 3The building coverage specified in this table shall not conflict with the coverage standards of the Stormwater Ordinance Where such standards conflict , the standards of the Stormwater Ordinance will take precedence Page2Johnston County | Unified Development Ordinance Update ER ESTATE RESIDENTIAL A Intent The Estate Residential District ER is established to 1 Allow for the large lot residential development 2 Accommodate development in areas within the County which may be served by a rural level of municipal services public water and sewer are not required if conditions are met Table B 15 ER District Development Standards Table Building Height Max B 1 - 82 A Three 3 Stories 50 FT Density Max B 1 - 83 A 1 Unit Acre Setbacks Min B 1 - 82 C Front Steet 1 50 FT Subdivision Street 50 FT Local Road 70 FT Arterial Side 25 FT Rear 50 FT Lot B 1 - 82 D Width Min 100 FT Area Min 43,560 SF 1 Acre Building Coverage Max 1 15 Additional Standards 1The building coverage specified in this table shall not conflict with the coverage standards of the Stormwater Ordinance Where such standards conflict , the standards of the Stormwater Ordinance will take precedence Page3Johnston County | Unified Development Ordinance Update RN RESIDENTIAL NEIGHBORHOOD A Intent The Residential Neighborhood RN zoning district is established to 1 Allow for the use of land for single - family detached dwellings in a generally suburban character that is shaped by residential subdivisions of medium density lot homes with a mix of housing types and neighborhoods ; 2 Generally designed to provide a transition between the municipalities urban type areas of the County and the less dense areas including the County’s rural residential areas ; 3 Promote the design of local streets in a pattern that allows for and responds to and protects natural features ; 4 Allow for subdivisions that provide sidewalks , street trees , neighborhood parks , trails , and interconnected community open space ; 5 May allow limited non - residential uses generally understood to be provided at the neighborhood scale ; 6 Allow for conservation subdivisions see Table B 16 ; and 7 Development in this zoning district would require connection to public water and sewer Table B 16 RN District Development Standards Table Residential Nonresidential Detached Attached Building Height Max B 1 - 82 A Three 3 Stories 50 FT Density Max B 1 - 83 A 40 Units Acre N A Density Max with Conservation Subdivisions 50 Units Acre N A Setbacks Min B 1 - 82 C Front Street 1 25 FT Subdivision 50 FT Local Road 70 FT Arterial 30 FT Subdivision 40 FT Local Side 5 FT 20 FT Rear 15 FT Interior Lot 20 FT Through Lot 15 FT Lot B 1 - 82 D Width Min 50 FT 20 FT 100 FT Area Min 10,000 SF 3,500 SF 30,000 SF Building Coverage Ma x 2 40 60 25 Additional Standards 1 Front Street setback based on the requirement of a rear access garage and or common parking lot 2 The building coverage specified in this table shall not conflict with the coverage standards of the Stormwater Ordinance Where such standards conflict , the standards of the Stormwater Ordinance will take precedence Page4Johnston County | Unified Development Ordinance Update TN TRADITIONAL NEIGHBORHOOD A Intent The Traditional Neighborhood TN zoning district is established to 1 Allow for the use of land for single - family dwellings attached and detached in a traditional more urban neighborhood setting with a mix of housing types ; 2 Promote development around the existing mixture of residential , commercial , and institutional usesthat are of a compatible scale and character with surrounding homes ; 3 May provide for limited non - residential development generally serving the daily needs of residents ; and 4 Discourage any use which , because of its character , would be a nuisance to the development of residences and would be detrimental to the residential nature of areas included within this district Table B 17 TN District Development Standards Table Residential Nonresidential Detached Attached Building Height Max B 1 - 82 A Three 3 Stories 50 FT Density Max B 1 - 83 A 40 Units Acre 60 Units Acre N A Density Max with Conservation Subdivisions 80 Units Acre N A Setbacks Min B 1 - 82 C Front Street 1 , 2 20 FT 20 FT 15 FT1 15 FT Side 2 , 3 5 FT 5 FT2 15 FT Rear 10 FT Lot B 1 - 82 D Width Min 40 FT 20 FT 100 FT Area Min 5,000 Sq Ft 3,500 Sq Ft 30,000 Sq Ft Coverage Max 4 45 60 50 Additional Standards 115 FT minimum front setback applies if parking is provided to the rear of the building or common parking areas parking lot , if parking area garage is recessed or common parking area is provided in lieu of conventional driveway and or garage design 2 25 FT minimum front face of garage to back of sidewalk edge of curb when no sidewalk is provided 3 The exterior outermost dwelling units of a residential attached product are subject to the required side setback 4The building coverage specified in this table shall not conflict with the coverage standards of the Stormwater Ordinance Where such standards conflict , the standards of the Stormwater Ordinance will take precedence Page5REZONINGPage6Johnston County | Unified Development Ordinance Update REZONING PROCESS Required by NCGS 160D - 604 Required by NCGS 160D - 601Page7BONA FIDE FARMSPage8Johnston County | Unified Development Ordinance Update BonaFideFarms BONA FIDE FARMS • What Is a “ Bona Fide Farm ” Under NCGS 160D - 903 • North Carolina law does not define “ bona fide farm ” by acreage or income alone Instead , it focuses on how the property is used • Under GS 160D - 903 , a property is considered a bona fide farm if it is used for bona fide farm purposes , which include • The production of agricultural products , and • Activities relating or incidental to that production • What Counts as “ Bona Fide Farm Purposes ” • The statute incorporates the broad definition of agriculture from GS 106 - 5811 Bona fide farm purposes include , but are not limited to • Crops , grains , fruits , and vegetables • Ornamental and flowering plants • Dairy operations • Livestock and poultry • Timber and forestry • Aquaculture • All other forms of agriculture recognized by state law • Activities incidental to farming also qualify , including • Barns , sheds , greenhouses , and storage buildings • Structures supporting farm operations • Residences on the farm occupied by the owner , lessee , or operator • Legal Effect of Being a Bona Fide Farm • If a property qualifies as a bona fide farm • County zoning regulations may not affect farm uses on the property ; • Zoning still applies to non - farm uses , even if they occur on farm property ; and • The exemption applies in county zoning and municipal extraterritorial jurisdiction • Bona Fide Farm Determination • For purposes of determining whether a property is being used for bona fide farm purposes , any of the following is sufficient evidence that the property is being used for bona fide farm purposes , but other evidence may also be considered • A farm sales tax exemption certificate issued by the Department of Revenue ; • A copy of the property tax listing showing that the property is eligible for participation in the present - use value program pursuant to GS 105 - 2773 ; • A copy of the farm owner’s or operator’s Schedule F from the owner’s or operator’s most recent federal income tax return ; or • A forest management plan ? Plain - Language • Under North Carolina law , a bona fide farm is property genuinely used for agricultural production or closely related activities , supported by recognized documentation , and protected from county zoning regulation for those farm uses Page9BUFFERSPage012 22 25 DRAFT • Setbacks and buffers based on use intensity • Residential 75 ft • Commercial 150 ft • Industrial 300 ft Required • Required landscape buffer types open land , berms , Type C D vegetation • Detailed planting , berm , and maintenance standards • Limited flexibility ; alternatives required rezoning 2 19 26 DRAFT • Replaces buffers with a 35 - ft Compatibility Area all use types • Applies only to major non - agricultural development adjacent to active agriculture • Compatibility achieved through site design , not land dedication • Open space , stormwater , lot depth , roads , utilities , floodplains , vegetation • No structures for human occupancy within compatibility area • Landscaping optional ; berms and walls not required JohnstonCounty UnifiedDevelopmentOrdinance UDO AlternativeLanguage UPDATED BUFFER LANGUAGE ? ImplementsEnvision Johnston 2040 goals by protecting the long - term viability of working farms while allowing appropriate adjacent development ? Managesgrowth at the rural edge through flexible site - design compatibility rather than rigid , high - impact buffer requirements ? Reducesland - use conflicts by separating new residential development from active agriculture and requiring Right - to - Farm disclosures ? Preserves development flexibility by avoiding unnecessary land dedication and allowing natural features , infrastructure , and lot design to meet compatibility needs Johnston County | Unified Development Ordinance UpdatePage1PROPOSED BUFFER OPTIONS 4 canopy trees , 4 understory trees , 24 shrubs per 100 linear feet Fence optional Page2PROPOSED BUFFER OPTIONSPage3CLARIFYING MISCONCEPTIONSPage4JohnstonCounty UnifiedDevelopmentOrdinance UDO AlternativeLanguage CLARIFICATIONS • Protection of Bona Fide Farming Operations • Agricultural operations that qualify as bona fide farms under North Carolina law remain protected Under North Carolina General Statutes , bona fide farming activities are generally exempt from local zoning regulation The draft UDO update does not override these state protections and does not regulate normal farming practices conducted as part of a bona fide farm The purpose of the ordinance update is to clarify how local development regulations apply in situations where land uses fall outside of these protected agricultural activities • Regulation of Livestock and Agricultural Animals • The draft UDO update clarifies how livestock is addressed in different contexts across the county Traditional agricultural operations that qualify as bona fide farms remain protected and are not regulated through local zoning The ordinance primarily addresses situations where livestock may be kept outside of a bona fide farming context , such as within residential developments or areas where smaller lot sizes and closer building patterns create potential conflicts between neighboring properties The goal of these standards is to promote compatibility between uses while continuing to support Johnston County’s agricultural heritage • Next UDO draft will not include limits on farm animals • Compliance with North Carolina General Statutes Chapter 160D • The update to the county’s development regulations is part of a statewide requirement to modernize local ordinances to comply with North Carolina General Statutes Chapter 160D This statute consolidated and updated planning and development regulation laws across the state and requires local governments to ensure their ordinances are consistent with these legal standards The Johnston County UDO update focuses on improving clarity , organization , and consistency in the code so that it aligns with state law and is easier for property owners , developers , and residents to understand Page5JohnstonCounty UnifiedDevelopmentOrdinance UDO AlternativeLanguage CLARIFICATIONS • Purpose of Buffer Requirements Buffer requirements are used in zoning ordinances to reduce conflicts between different types of land uses that may not be naturally compatible , such as residential neighborhoods and more intensive agricultural or commercial activities In many cases , buffers serve to protect both sides of a property line For agricultural areas in particular , buffers can help reduce future conflicts by creating separation between new residential development and existing agricultural operations This separation can help minimize nuisance complaints , preserve the viability of farming operations , and improve long - term land use compatibility • Organization and Clarification of Existing Regulations Many of the draft ordinance updates involve reorganizing and clarifying existing regulations rather than introducing entirelynew restrictions Over time , local ordinances often accumulate amendments that make them difficult to interpret The UDO update consolidates related provisions , removes outdated or conflicting language , and provides clearer definitions and standards Revisions were also made in response to feedback received from residents , agricultural stakeholders , and community members during the public input process • Predictability for Property Owners and Landowners A key objective of the ordinance update is to improve predictability and transparency for property owners Clear and well - organized development standards allow landowners to better understand what types of uses are permitted on their property and what requirements apply before making investments or pursuing development By providing clearer guidance , the ordinance can help reduce misunderstandings , streamline review processes , and minimize disputes between neighboring property owners • Support for Rural Character and Agricultural Areas The draft ordinance update reflects Johnston County’s existing land use patterns and long - term planning goals Agricultural areas remain recognized and supported as an important part of the county’s identity and economy The proposed regulations are intendedto help manage growth while maintaining the rural character of the county and supporting the continued viability of agriculturaloperations The ordinance does not change the county’s commitment to preserving and supporting agricultural land usesPage6INTERACTIVE STATIONS We want to hear from you Let us know your thoughts on the proposed updates and interact with the Team Page7THANK YOUPage