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2I19I1999 DRAFT COPY OF PROPOSED NSA ORDINANCE <br />.areas shall be designated as open space. <br />2 <br />3 <br />4 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />(d) Subsection 15-198(g) is amended to read as follows: <br />(g) A developer shall not be required to set aside as open space under the <br />provisions of subsections (d) and (e) more than the minimum required <br />percentage of open space set forth in subsection (c). If the sum total of open <br />space otherwise required under the provisions of subsections (d) and (e) <br />exceeds forty percent of the development tract (twenty percent in the R-2 <br />district), then the permit issuing authority -shall allow the developer to set <br />aside a smaller area of open space under subsections (d) and (e), individually <br />or collectively, so that the developer is not required to preserve as open space <br />more than forty percent of the development tract (twenty percent in the R-2 <br />district). However, if areas that constitute primary conservation areas have <br />not been set aside as open space, then the development plans shall otherwise <br />provide for the preservation of such areas even though they may be located <br />within privately owned lots (e.g. by specifying buildable areas within <br />individual lots). Notwithstanding the foregoing, hardwood areas identified on <br />the Carrboro Natural Constraints Map that are not set aside as common open <br />space shall be preserved except to the extent that removal of such hardwood <br />trees is necessary to accommodate the permitted uses created out of land not <br />set aside as common open space. <br />(e) Subsection 15-198(h) is amended to read: <br />(h) If the area of open space required to be preserved under subsections (d) and <br />(e) does not exceed forty percent (40%) of the area of the development tract (20% in the R-2 <br />district), then the permit issuing authority may require that the developer set aside from <br />among the areas that constitute secondary conservation areas as defined above an amount of <br />open space equal to the difference between the amount of open space preserved under <br />subsections (d) and. (e) and forty percent (40%) of the development tract (20% in the R-2 <br />district). <br />(f) Subsection 15-198(b)(3) is amended by adding a new subsection "c" to read as follows: <br />(c) Areas used for the growing of crops, such as hay, corn, or vegetables, if and to <br />the extent that such uses occur within an area that is subject to the control of a homeowners <br />association and such uses are approved by the homeowners association. <br />SECTION 4. Article IX, Part I, is amended by adding a new Section 15-141.2 to read as follows: <br />Section 15-141.2 Village Mixed Use District Established <br />44 (a) There is hereby established a Village Mixed Use (VMU) district. This district is established <br />45 to provide for the development of rural new villages at a scale intended to continue Carrboro's small town <br />46 character as described in its Year 2000 Task Force Report and to promote a traditional concept of villages. <br />. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <br />~I'age .5 of 3S <br />