Durham INC

Bringing Neighborhoods Together in Durham

Changes to the Neighborhood Protection Overlay District PDF Print E-mail


WHEREAS the City and County of Durham by general statute and by charter have the authority to create overlay zones; and

WHEREAS the city and county have created a procedure for the establishment of neighborhood protection overlay districts and has encodified said procedure as Section 4.5 of the Unified Development Ordinance; and

WHEREAS the member neighborhoods of the InterNeighborhood Council note from their long experience that as beneficial as the neighborhood protection overlay contemplated in the Unified Development Ordinance may be, it cannot protect subject neighborhoods from the significant threat of rezoning; and

WHEREAS the same neighborhoods further note that under the provisions of the Unified Development Ordinances it is substantially easier to modify or repeal the zoning regulations in a neighborhood protection overlay than it is to create such an overlay in the first instance;

WHEREAS the same neighborhoods have determined that to be an effective instrument for the protection of neighborhoods a neighborhood protection overlay must offer and provide some reasonable protection from invasive and inappropriate rezonings;

IT IS THEREFORE RESOLVED by the InterNeighborhood Council that:

  1. The ordinances and charters of the City and County of Durham should be amended to require a three-fourths supermajority vote of the governing body whenever a zoning map change is proposed for any area governed by a neighborhood protection overlay; and
  2. The executive of the InterNeighborhood Council or its designees shall call upon elected officials to support the legislation necessary to accomplish the ordinance and charter amendments contemplated by this resolution; and
  3. The draft bill attached to this legislation be adopted as an example of the policy of the InterNeighborhood Council envisioned by this resolution.


Resolution passed 3/24/2009.

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Last Updated on Wednesday, 25 March 2009 07:29