He discussed this regulatory technique, gave examples of its successful use elsewhere, and suggested why it might be a good approach for Chapel Hill. He stated that the heart of Performance zoning was that problems associated with a land use or its impact can be identified, zoning standards can be developed to address the problem, and good land use planning leads to Performance standards. The second part, Mr. Kendig said, would depend on the designer, getting away from the ideas of conventional zoning and the use of prohibition as the primary means by which a land use can be made to respect its neighbors. He stated that Performance zoning seeks to provide rules that specify the community s objectives and permit the developer the flexibility to meet those requirements in several ways. Mr. Kendig said Performance zoning in the legal perspective requires a nexus between the problem and the zoning regulation, and forces the regulations to have a rational nexus.
Density is controlled by lot size, floor area, or building coverage for non-residential uses.
Conditional or special uses are used to provide control. Mr. Kendig stated that in Performance zoning, a multi-layer standard which regulations are designed to achieve specific general or planning objectives exists. Uses are permitted or prohibited. Special uses are used very sparingly. Bufferyards are intended to separate zoning districts to mitigate potential nuisances.