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A. Transitional Use Area

Within the Support 1 sub-district of the CSD District, development within 200 feet of the Tier boundary, except where the Tier boundary abuts ROW), shall require approval of a major special use permit (MSUP) pursuant to Sec. 3.9, Special Use Permit.

B. Exemption

The following shall be exempt from this requirement:

1. Redevelopment of, or additions to, existing development so long as no expansion of the limits of disturbance in the TUA is proposed.

2. Public right-of-way.

C. Criteria for Approval of Major Special Use Permit in TUA

In lieu of addressing the Review Factors in paragraph 3.9.8B for Special Use Permits, Major Special Use permits in the TUA shall require that the applicant demonstrate that the following review factors have been adequately addressed:

1. Environmental Protection

Preservation of tree cover, floodplain, stream buffers, wetlands, steep slopes, open space and other natural features, protection of water quality and wildlife corridors, Durham Inventory Sites, state designated natural heritage elements and related studies.

2. Lighting

Locations of exterior lighting with reference to edge effects and impacts on the adjacent natural areas and wildlife movements.

3. Effects on Nearby Properties

Effects of the proposed use on nearby properties, including, but not limited to, the effects of noise, odor, lighting, and traffic.

4. Conformance with Adopted Plans

Conformance with adopted plans such as the New Hope Creek Open Space Master Plan, the Durham Comprehensive Plan, and other applicable city/county policies.

5. Other Factors

Any other review factors which the approving authority considers to be appropriate to the property in question.