ORDINANCE NO. 12-045 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF GREENVILLE, NORTH CAROLINA WHEREAS, the City Council of the City of Greenville, North Carolina, in accordance with Article 19, Chapter 160A, of the General Statutes of North Carolina, caused a public notice to be given and published once a week for two successive weeks in The Daily Reflector setting forth that the City Council would, on October 11,2012, at 7:00 p.m., in the Council Chambers of City Hall in the City of Greenville, NC, conduct a public hearing 011 the adoption of an ordinance amending the City Code; WHEREAS, in accordance with the provisions of North Carolina General Statute 160A 383, the City Council of the City of Greenville does hereby find and determine that the adoption of the ordinance involving the text amendment is consistent with the adopted comprehensive plan and other officially adopted plans that are applicable and that the adoption of the ordinance involving the text amendment is reasonable and in the public interest due to its consistency with the comprehensive plan and other officially adopted plans that are applicable and, as a result, its furtherance of the goals and objectives of the comprehensive plan and other official1y adopted plans that are applicable; WHEREAS, as a further description as to why the action taken is consistent with the comprehensive plan and other officially adopted plans that are applicable in compliance with the provisions of North Carolina General Statute 160A-383, the City Council of the City of Greenville does hereby find and determine that the adoption of this ordinance is consistent with provisions of the comprehensive plan including, but not limited to, Objective H5 to improve and revitalize existing neighborhoods, Objective M4 to preserve and protect existing and future residential neighborhoods, Objective CF5 to ensure safe livable neighborhoods, Objective UFI to encourage affordable housing options, and Objective UF6 to preserve neighborhood livability and that the adoption of this ordinance is consistent with the provisions of the Tar RiverlUniversity Area Neighborhood Report and Plan and its goal to create, maintain, and enhance a sustainable neighborhood; and WHEREAS, as a further explanation as to why the action taken is reasonable and in the public interest in compliance with the provisions of North Carolina General Statute 160A-383, the City Council of the City of Greenville does hereby find and determine that the adoption of this ordinance wil1 promote the safety and the general welfare of the community and facilitate the sustainability, preservation, restoration, and revitalization of the university neighborhood by encouraging investments to be made to improve the condition and appearance of dwellings and properties as a result of allowing appropriate and limited increased occupancy by unrelated persons with appropriate standards and safeguards that provide for compatibility with other university neighborhood properties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GREENVILLE, NORTH CAROLINA, DOES HEREBY ORDAIN:
Section 1: That the Code of Ordinances, City of Greenville, North Carolina, is hereby anlended by adding a section to be numbered 9-4-77, which section reads as follows: "9-4-77. UNIVERSITY NEIGHBORHOOD REVITALIZATION INITIATIVE (UNRI)' OVERLAY DISTRICT. The purpose of the University Neighborhood Revitalization Initiative (UNRI) Overlay District is to allow appropriate and limited increased occupancy by unrelated persons, with appropriate standards and safeguards that provide for compatibility with other university neighborhood properties, in order to encourage investnlent in the university neighborhood and to facilitate the sustainability, preservation, restoration, and revitalization of the university neighborhood. Section 2: That the Code of Ordinances, City of Greenville, North Carolina, is hereby amended by adding a section to be numbered 9-4-200.2, which section reads as follows: "Sec. 9-4-200.2 UNIVERSITY NEIGHBORHOOD REVIT ALIZA TION INITIA TIVE (UNRI) OVERLAY DISTRICT STANDARDS. (A) Purpose and intent; definition; designated area. (l) Purpose and intent. The purpose and intent of the University Neighborhood Revitalization Initiative (UNRI) Overlay District and requirements set forth under this section are: (a) to recognize that the university neighborhood is an established city neighborhood with a unique location between East Carolina University, the Tar River, and the Downtown Commercial District; (b) to recognize that the university neighborhood has traditionally provided offcampus housing opportunities to students of East Carolina University and that a significant percentage of the dwellings located within the university neighborhood are renter occupied; (c) to recognize that some dwellings within the university neighborhood are of such size and character that they can reasonably accommodate an occupancy of greater than three unrelated persons; (d) to establish appropriate standards and safeguards that provide for compatibility with other university neighborhood properties; (e) to promote the long-term revitalization of the housing stock within the university neighborhood by encouraging investments to be made to improve the condition and appearance ofdwellings and properties; (f) to allow appropriate and limited increased occupancy by unrelated persons in order to encourage investment in the university neighborhood and to further contribute to the mix of housing options available within the university neighborhood; and (g) to facilitate the sustainability, preservation, restoration, and revitalization of the university neighborhood in order to promote the safety and the general welfare of the community.
(2) Definition. A University Neighborhood Revitalization Initiative (UNRI) Overlay District is defined as an overlay zoning district adopted in conjunction with an underlying general purpose zoning district, as listed in sections 9-4-46 through 9-4 72, wherein the zoning rights, standards, restrictions and requirements as set forth for the underlying general purpose zoning district shall extend to the University Neighborhood Revitalization Initiative (UNRI) Overlay District zoned area in accordance with subsection (B) below. (3) Designated area. All University Neighborhood Revitalization Initiative (UNRI) Overlay District(s) shall be restricted to the land area located within the following boundary: bounded on the north by the Tar River, on the east by Elm Street, extended to the Tar River, on the south by E. 5 th Street, and on the west by Reade Street, extended to the Tar River. No University Neighborhood Revitalization Initiative (UNRI) Overlay District shall be located outside of the designated area described by this subsection. A University Neighborhood Revitalization Initiative (UNRO Overlay District shall be established within the designated area upon City Council adoption of a zoning ordinance which defines the boundary of the specific University Neighborhood Revitalization Initiative (UNRI) Overlay District located within the designated area boundary. (B) Standards. (1) A petition for a University Neighborhood Revitalization Initiative (UNRI) Overlay District zoning map amendment may be initiated in accordance with section 9-4-331. (2) All University Neighborhood Revitalization Initiative (UNRI) Overlay Districts shall be delineated upon the official zoning map as both the underlying general purpose zoning district and the University Neighborhood Revitalization Initiative (UNRI) Overlay District. The general purpose zoning district title shall be followed by University Neighborhood Revitalization Initiative H-UNRI" in all areas zoned University Neighborhood Revitalization Initiative (UNRI) Overlay District. (3) The zoning rights, standards, restrictions and requirements of the underlying general purpose zoning district shall extend to the University Neighborhood Revitalization Initiative (UNRI) Overlay District, except as modified by subsections (4) and (5) below. (4) Within any University Neighborhood Revitalization Initiative (UNRI) Overlay District, a group of four unrelated persons living to,gether as a single housekeeping unit in a shared dwelling unit shall be permitted upon receipt of a Zoning Compliance Letter issued by the Director of Community Development or designee for the uses of a single-family dwelling, a two-family attached dwelling (duplex), and a multi-family development per Article I, when the use is allowed in the underlying general purpose zoning district as listed under Appendix A table of uses, and shall be subject to the additional standards as listed under subsection (5) below. All other standards,
requirements and conditions of the underlying general purpose zoning district not modified by this subsection and subsection (5) below shall continue to apply. (5) The following standards specified in this subsection are hereby adopted as additional minimum requirements within the University Neighborhood Revitalization Initiative (UNRI) Overlay District for the uses listed under subsection (4) above when a group of four unrelated persons live together as a single housekeeping unit in a shared dwelling unit.. (a) The dwelling unit shall have four or more bedrooms. (b) The dwelling unit shall contain at least 1,500 square feet ofheated floor area. (c) At least three off street parking spaces shall be provided on site for the dwelling unit. The three off street parking spaces shall be the standard required for the dwelling unit. The number required for any other dwelling unit on the same property shall be calculated based upon the requirements set forth for the underl ying general purpose zoning district. (6) A Zoning Compliance Letter shall be issued by the Director of Community Development or designee to permit a group of four unrelated persons living together as a single housekeeping unit in a shared dwelling unit for a use of a single-family dwelling, a two-family attached dwelling (duplex) and a multi-family development per Article I, as listed under Appendix A table of uses, upon a determination that the standards specified in subsection (5) above and in the underlying general purpose zoning district, as modified by subsections (4) and (5) above, are met. A Zoning Compliance Letter shall be obtained for a dwelling unit by the dwelling unit owner or designee prior to the occupancy of the dwelling unit by a group of four unrelated persons living together as a single housekeeping unit. Section 3. That the Code of Ordinances, City of Greenville, North Carolina, is hereby amended by adding a subsection (w) to Section 9-4-103, which subsection reads as follows: (w) Four unrelated persons in a shared dwelling unit in the UNRI Overlay District Whenever a Zoning Compliance Letter has been issued to permit four unrelated persons to live together as a single housekeeping unit in a shared dwelling unit in the University Neighborhood Revitalization Initiative (UNRI) Overlay District, all lease agreements, if any, for the dwelling unit shall include a crime free lease addendum, in a form approved by the city attorney, for each lease term during which four unrelated persons are residing in the dwelling unit. For each lease term specified in a lease agreement, if any, during which four unrelated persons are residing in the dwelling unit, the owner of the dwelling unit shall provide a copy of all crime free lease addendums for the dwelling unit to the Director of Community Development or designee no later than ten (10) days after the beginning of each lease term. For the purpose of this subsection, a crime free lease addendum means a document signed by the residents who are leasing the dwelling unit and the dwelling unit owner or designee which provides that the residents and the residents' occupants, guests and invitees are prohibited from engaging in any criminal or illegal activity and that violation of said prohibition shall be considered as cause for termination of the lease under North Carolina General Statute Chapter 42, Article 7.
Section 4. That all ordinances and sections ofordinances in conflict with this ordinance are hereby repealed. Section 5: Any part or provision of this ordinance found by a court of competent jurisdiction to be in violation ofthe Constitution or laws of the United States or North Carolina is hereby deemed severable and shall not affect the validity of the remaining provisions of the ordinance. Section 6: That this ordinance shall become effective upon its adoption. ADOPTED this 11 th day ofoctober.\ 2012. Allen M. Thomas, Mayor ATTEST: