Orange County NC Website
8-47 INCENTIVE ZONING § 8.0201 <br /> a form of incentive zoning because it encourages economical use of • <br /> land for the benefit of the developer,the occupants and the neighbors <br /> • <br /> • of the PUD.6s <br /> dwelling units per acre.A low or middle income housing program is one under <br /> ' . which(1)the rental or purchase costs of housing are reduced by direct grant,by <br /> below market interest rates,or by continuing direct subsidy payments for rent or <br /> interest,and(2)there are regulations which reasonably assure that the dwelling <br /> units will be occupied by families or individuals whose incomes would otherwise <br /> be insufficient to permit them to occupy housing of equivalent quality and size." <br /> "Gross residential density"is described in §23.80(1)(bxl),as follows: <br /> • "The maximum allowable average gross residential density for DPUD's shall <br /> be seven dwelling viiits.per acre of.land; except,that higher densities may be <br /> allowed in ac curdance.with the bonus provisions contained in this article.In no <br /> event shall the:average gross residential density exceed nine dwelling units per <br /> • acre.However,in areas zoned.R i--A and R-1-BB at the time of the introduction <br /> of the zoning ordinance for a DPUD the maximum allowable average gross <br /> residential density for a DPUD shall be three dwelling units per acre of land; <br /> except,that higher density may be allowed in accordance with the-bonus provi- <br /> sions contained in this article,but in no event shall the average gross residential <br /> • density for such DPUD'S exceed four dwelling units per acre." <br /> 66 (. <br /> Planned Unit Development(PUD)has its basis ht the concept of clustering. <br /> a zoning technique that differs from the normal Euclidean grid pattern in that <br /> • buildings are grouped in certain areas,and the remaining land is left open for other <br /> purposes.The clustering concept is broadened in the PUD to include a variety of <br /> uses—i.e., residential, commercial, industrial—within a single development. The <br /> intermixing of a variety of uses in a PUD requires careful, extensive and early <br /> planning to tailor the development to the land and its surroundings. • <br /> Local ordinances,passed pursuant to general enabling statutes permitting cluster- <br /> ing and PUDs,have been judicially sanctioned as a means of avoiding the"cookie <br /> cutter" approach of Euclidean development and promoting the "self-contained <br /> community."See Orinde Homeowners v.Bd.of Supervisors,90 Cal Rptr 88, 11 Cal <br /> App3d 768 (1970). <br /> See also Cheney v.Village 2 at New Hope,Inc.,429 Pa 626,241 A2d 8l; 82-83 <br /> (1968),where the court described the PUI)concept as follows: <br /> "Under traditional concepts of zoning the task of determining the type,density <br /> and placement of buildings which should exist within any given zoning district <br /> devolves upon the local legislative body. In order that this body might have to <br /> speak only infrequently on the issue of municipal planning and zoning,the local <br /> • legislature usually enacts detailed requirements for the type,size and location of <br /> buildings within each given zoning district, and leaves the ministerial task of <br /> enforcing these regulations to an appointed zoning administrator, with another <br /> administrative body,the zoning board of adjustment.passing on individual devia- <br /> • tions from the strict district requirements,deviations known commonly as vari- <br /> ances and special exceptions. At the same time,the overall rules governing the <br /> (Zoning LUwl <br /> • <br />