Old West Durham – Neighborhood Protection Overlay

The City-County Planning Department is currently working with the Old West Durham Neighborhood Association, residents, and stakeholders to develop a Neighborhood Protection Overlay (NPO) for the Old West Durham neighborhood. 

For additional information contact: Matthew Filter by email or call  919-560-4137, ext. 28271. 

Attend the Second Community Workshop – May 23, 2017 


On January 31st, 2017, a “Kick-Off” Community Workshop for this project was held at E.K. Powe Elementary School. At that meeting, a vast majority of workshop participants expressed support for moving forward with the NPO process. The next step is to begin identifying regulatory topics for possible inclusion in an NPO. To this end, the Planning Department and the OWDNA will be co-hosting a second Community Workshop on Tuesday, May 23, 2017 from 7:00pm to 8:30pm at E.K. Powe Elementary School in the Media Center (Second Floor). The purpose of this second Community Workshop is to:

  • Provide a status update of the NPO project; 
  • Learn about specific regulatory tools that could be utilized to address neighborhood concerns about new development; and 
  • Solicit input about what regulatory tools an NPO should include and what tools it should not include. 
At this time, no recommendations or regulations have been drafted. However, based upon the input provided at the first public workshop, various regulatory topics have been identified and will be discussed at this workshop. OWDNA Board Members and Planning Staff will be on hand to present information, listen to concerns, and answer questions.

Property owners and residents will be receiving a more detailed letter in the mail. A generic copy of this letter can be found at the bottom of this webpage for your reference.

Provide Input Online – Take a Short Questionnaire


Residents and stakeholders are invited to take a short questionnaire to share their thoughts regarding new development in Old West Durham. 

Old West Durham - Questionnaire

Frequently Asked Questions 


What is a Neighborhood Protection Overlay (NPO)?
A Neighborhood Protection Overlay (NPO) is a planning tool that helps preserve the established physical character of existing neighborhoods as redevelopment and new investment occurs. The zoning overlay builds upon the underlying zoning district(s) by providing added protections for a particular neighborhood. Any draft overlay will be carefully calibrated to ensure it meets the unique needs of the neighborhood but still accommodates new investment.

What can an NPO regulate?
Application and usage of NPOs is authorized by Article 4, Section 4.6 of the Durham City-County Unified Development Ordinance. Specifically, it can modify:

  • What uses are permitted (Article 5); 
  • The intensities of structures, such as heights and densities (Article 6); 
  • Lot and site requirements, such as minimum/maximum lot sizes and lot widths (Article 7); 
  • The design of multi-family and commercial structures, where applicable (Article 7); 
  • The protection of trees and the establishment of tree coverage standards (Article 8); 
  • Landscaping and buffering standards (Article 9); and 
  • Standards for signage (Article 11).
It is important to note that just because a potential NPO can regulate these items does not mean that it must or will. 

What can’t an NPO regulate?
While neighbors may have a range of concerns that they would like to see addressed, what can be regulated is limited in scope by the Unified Development Ordinance as well as state and federal law.  Additionally, other more effective mechanisms may exist to address certain issues other than through the NPO process. 

Examples of items that an NPO cannot regulate include:

  • Noise levels;
  • Cut-through traffic; 
  • Whether properties are owner-occupied or renter-occupied; and 
  • Building and architectural elements of one- or two-family structures, such as color, type of exterior cladding material, style or materials of roof structures or porches, exterior nonstructural architectural ornamentation, location of windows and doors including garage doors, and the number and types of rooms. (Note: this is a result of North Carolina Session Law 2015-86 / Senate Bill 25, which limits the ability of counties and municipalities to regulate home design. The law does provide some exceptions, such as homes within a historic district or those designated as a historic landmark). 
Why is Old West Durham a candidate for an NPO? 
In 2014, the Old West Durham Neighborhood Association submitted an application for the City-County Planning Department to explore an NPO for the neighborhood. It identified the neighborhood’s unique design elements and noted its history as workforce housing for mill workers. The application cleared the staff sufficiency review and was granted priority by the Joint City-County Planning Committee (JCCPC) in 2014. 

Are there other NPOs in Durham County?
Yes. An NPO was established for the Tuscaloosa-Lakewood neighborhood in 2008. The overlay text can be located in Article 4, Section 4.6.5 of the Unified Development Ordinance.  

What geography is being considered for an NPO?
 
The draft boundaries for an NPO are depicted in the map provided below. The focus of the NPO is on residential blocks, not commercial areas. Generally speaking, the study area is bounded by the Watts Hospital-Hillandale Local Historic District to the north, the Commercial General (CG) zoning district to the west, the Compact Design – Support 2 (CD-S2) district to the south, and the Office and Institutional (OI) district to the east. The boundary may evolve based upon public input.

What is the process for this project?  
This project has two main phases. First, the City-County Planning Department will work with the Old West Durham community to collect public input and data on whether an NPO is appropriate and what issues a potential NPO might address. If it is determined that an NPO is appropriate for Old West Durham, the City-County Planning Department will then help craft an NPO that responds to the needs of the neighborhood. Ultimately, approval of any potential NPO will follow the standard approval process for text and map amendments to the Unified Development Ordinance, including public hearings, a recommendation by the Planning Commission, and approval or denial by the City Council. 

How can I provide input?  
There will be multiple avenues for residents and stakeholders to get involved in the project. Stay tuned to this project page for announcements regarding upcoming public meetings and information sessions. The project petitioner, the Old West Durham Neighborhood Association, is also a resource for neighborhood residents. Please feel free to contact Matthew Filter, a Senior Planner with the Durham City-County Planning Department, by email or call 919-560-4137, ext. 28271, with any questions, concerns or ideas.

Attachments

Documents related to this project are attached below.

Second Workshop Documents (May 23, 2017) 
Notice Letter

Kick-Off Workshop Documents (January 31, 2017)
Worksheet
Station # 1 - Introduction to NPO's

Station # 2 - OWD Existing Conditions
Station # 3 - Uses and Trees
Station # 4 - Dimensional Regulations
Station # 5 - Next Steps

Other Documents

Preliminary Study Area Boundaries (PDF)