HomeMy WebLinkAboutORD-2004-001 - Zoning Ordinance Amendment Article 6.18 & 8.8.17a-Telecommunications Towers & EquipmentOrdinance as Approved by BOCC
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An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Board of Commissioners of the County of Orange,. North Carolina,
that the Zoning Ordinance is hereby amended as follows:
Section 1: Amend Section 6.18 as follows:
6.18 Telecommunications Towers and Equipment
Amended
12/10/02
The following words, terms and phrases, when .used in this Section, shall
have the meanings ascribed to them in this Section, except where the
context clearly indicates a different meaning:
Accessory Use - A use incidental to, subordinate to, and subservient to
the principal use of the property. As defined in this section an accessory
use is a secondary use.
Antenna - A transmitting and/or receiving device used for wireless
services that radiates or captures electromagnetic waves, including
directional antennas, such as panel and microwave dish antennas, and
omni-directional antennas, such as whips, excluding radar antennas,
amateur radio antennas and satellite earth stations.
Building Code -The most recently adopted or amended edition of the
North Carolina State Building Code.
Co-location -Locating telecommunication equipment for more than one
provider on one qualified. shared facility at one site.
Commercial Impracticability or Commercially Impracticable -The inability
to perform an act on terms that are reasonable in commerce; the cause or
occurrence of which could not have been reasonably anticipated or
foreseen and that jeopardizes the financial efficacy of the project.
The inability to achieve a particular financial return on investment or profit,
standing alone, shall not deem a situation to be commercially
impracticable.
EIA-222 -Electronics Industries Association Standard 222 (Structural
Standards for Steel Antenna Towers and Antenna Support Structures).
Existing Structure/Building.- For purposes. of this Section, any building or
structure that are currently existing on a parcel of land. Such structures
may include, but shall not be limited to, telecommunications towers,
overhead transmission line support structures, water tanksi silos,
churches, schools, and utility poles.
Ordinance as Approved by BOCC
Extraordinary Conditions -Conditions subsequent to a hurricane, flood,
tornado, or other natural or other disaster.
FAA -The Federal Aviation Administration.
FCC -The Federal Communications Commission
Fall Zone -The circular area measured from the base of the tower
outward in a circular pattern (radius) for a distance of 110% of the
proposed or existing tower's height including tightening rod.
Telecommunications towers shall not be located on property where the
proposed tower's fall zone will encroach on a residential, buildable, lot.
4
Guyed Tower - A telecommunication tower that is supported, in whole or
in part, by guy wires and ground anchors.
Inspections Division - A division of-the Orange County Planning and
Inspections Department.
Master Telecommunications Plan ("Plan") - A plan developed for Orange
County by the .County's Planning Department that shows properties
where owners have expressed interest in allowing the placement of
telecommunications towers provided that all applicable federal, state, and
local regulations are met.. Information that may be shown on the plan will
include existing towers, County defined Natural Areas, historic properties,
scenic corridors, all major electrical lines, Voluntary Agricultural Districts,
existing telecommunication towers, known bird migratory patterns through
the County and all public and quasi-public properties that may allow
telecommunication .facilities. The Plan will be for purposes of disclosing
information to telecommunication providers when they are seeking to
establish their telecommunication networks in the County.
Microwave dish antenna - A dish-like antenna used to link wireless
service sites together by wireless transmission of voice or data.
Monopole Tower - A telecommunication tower consisting of a single pole
or spire self supported by a permanent foundation, constructed without
guy wires and ground anchors.
Panel Antenna - An inconspicuous, relatively flat, square or rectangular
antenna designed to be affixed to the wall of a building or structure in
order to receive and transmit signals from a telecommunication device.
Qualified Shared Facility - A telecommunication tower or existing
structure/building that is appropriately designed for sharing antenna
space, and grants space on the tower in a fair, reasonable, and non-
discriminatory manner.
Roofline -The overall ridgeline of the structure, not including cupolas,
elevator towers, clock towers or other similar features.
Ordinance as Approved by BOCC
Search Area - An area or areas. defined on a map or maps showing the
maximum extent of locations suitable for the installation of an individual
telecommunications provider's facilities (tower or antenna co-locations).
Self-Support/Lattice Tower - A tapered structure broad at the base and
more narrow at the top consisting of cross-members and diagonal bracing
and without guyed support.
Stealth or Stealth Technology -Technology or practice intended to
minimize adverse aesthetic and visual impacts on the land, property,
buildings, and other equipment adjacent to, surrounding, and in generally
the same area as the requested location of such wireless
telecommunications towers and equipment, which shall mean using the
least visually and physically intrusive tower and/or equipment that is not
technologically or commercially impracticable under the facts and
circumstances.
Stealth Facility -Any stealth telecommunication tower or equipment,
which is designed using stealth technology to blend into the surrounding
environment. Examples of stealth facilities include architecturally
screened roof-mounted antennas, antennas integrated into architectural
elements, and telecommunication and/or personal wireless services
towers designed to look like light poles, power poles or trees.
Telecommunication Equipment -Equipment, which is located either upon
a telecommunication tower or a structure and includes some form of
antenna for the purpose of transmitting and receiving wireless services.
Telecommunications Tower - A guyed, monopole or self-support/lattice
tower, constructed as afree-standing structure containing one (1) or more
antennas, used in the provision of wireless services excluding radar
towers, amateur radio support structures licensed by the FCC, private
home use of satellite dishes and television receiving antennas and
satellite earth stations installed in accordance with applicable codes.
Telecommunications Tower, Stealth - A telecommunication tower
designedusing stealth technology such that its primary purpose is, or
visually appears to be, something other than the support of
telecommunications equipment, the apparent purpose of the tower is
customarily considered as accessory to a use that is allowed in the
zoning district, and the structure and its. primary use comply with the
Orange County Zoning Ordinance.
Unforeseen Events -Condemnations of existing telecommunications
towers for road projects, casualty of existing telecommunications towers,
blocking of signals from new construction necessitating a relocation of a
telecommunication tower, or the need to replace an existing
telecommunication tower for capacity issues, or for other reasons
deemed necessary by the County Planning Director or his/her designee.
Ordinance as Approved by BOCC
Whip Antenna - A cylindrical antenna that transmits and/or receives
signals in three hundred sixty (360) degrees.
6.18.1 Administrative Approval of Stealth Telecommunications towers and
Telecommunication Equipment
New stealth telecommunications towers up to 75 feet in height that are
sufficiently disguised so as to minimize visual impact, may be approved
administratively by the Planning Staff provided that all of the provisions
contained in Article 8.8.17a are met.
The placement of telecommunication equipment on existing structures
may be approved administratively as provided for in this ordinance.
6.18.2 Telecommunications towers and equipment as principal or accessory
uses
6
a) Telecommunications towers shall be permitted as a principal or
accessory use in all districts in accordance with the provisions of
this Ordinance as follows:
1) On property owned by the County or-any public entity
except those designated as historic properties or sites.
The County may, in its sole discretion as the owner of the
property, authorize the application and use of County
property after the applicant executes a lease agreement
acceptable to the County.
2) Telecommunications towers as part of existing utility poles .
shall be permitted as an accessory use. Towers shall be
constructed as part of the existing utility poles or as
replacements for the existing utility poles. No freestanding
towers constructed exclusively for personal wireless
services shall be permitted within utility easements.
3) Theplacement of a new telecommunications tower in any
zoning district must be approved as a Special Use, except
as permitted in the Master Telecommunications Plan
("Plan").
b) Existing Telecommunications Towers
1) Telecommunications equipment as accessory uses may be
placed on existing towers in accordance with the
provisions of this Ordinance.
2) Notwithstanding the above provisions of Section 6.18.,
telecommunications towers in existence as of December
10, 2002, may tie replaced with a tower of equal or less
visual impact after approval by the County Planning
Director or his/her designee. However, if the proposed
Ordinance as Approved by BOCC
new tower would- not be consistent with the minimum
standards under Section 6.18, replacement must be
approved as provided for in this Ordinance.
6.18.3 Antennas not located on telecommunications towers
a) Antenna types. To minimize adverse visual impacts, stealth
antenna types shall be preferred. If anon-stealth antenna is
proposed, the application shall be required to demonstrate, in a
technical manner acceptable to the Planning Director or his/her
designee, why the stealth antenna (i.e. an antenna incorporated
into the architecture of the building or fully screened from view
from sight proximate to the antenna) cannot be used for the
particular application. This does not preclude a combination of the
various types of antennas.
1) Antenna dimensions.. Antenna dimensions shall be subject
to approval by the Planning Director or his/her designee. A
statement shall be submitted, prepared by a professional
engineer competent to evaluate antenna choices, to certify
the technical need for the required dimensions.
b) - Aircraft hazard. Prior to the issuance of a Building Permit by the
Inspections. Division, the application shall provide evidence that.
the telecommunication tower or antennas are in compliance with.
FAA regulations. Where an antenna will not exceed the highest
point of the existing structure upon which it is to be mounted, such
evidence shall not be required.
c) Stealth rooftop or building mounted antennas -not exceeding
twenty (20) feet above roofline of the building or support structure
shall be permitted in all zoning districts subject to the provisions of
Section 6.18.3 d) 1-5 stated below.
d) Building or rooftop. stealth antennas shall be subject to the
following minimum standards:
1) No commercial advertising shall be allowed on an antenna;
2) No signals, lights, or illumination shall be permitted on an
antenna, unless required by the FCC or the FAA;
3) Any related unmanned equipment building shall not
contain more than six hundred (600) square feet of gross
floor area per user or be more than twelve (12) feet in
height;
4) If the equipment building is located on the roof of the
building, the area of the equipment building shall not
occupy more than twenty-five (25) percent of the roof area,
and shall comply with all State of North Carolina Building
Ordinance as Approved by BOCC
8
Code requirements for the proposed and existing building;
and
5) Approval of the Planning Director or his/her designee to
ensure consistency with the definition of stealth facility is
required. Each application shall contain a rendering or
photograph of the antenna including, but not limited to,
colors and screening devices.
e) Non-stealth rooftop or building mounted antennas shall only be
permitted not exceeding twenty (20) feet above the roofline of the
subject building or support structure and subject to the procedure
and requirements provided elsewhere in this Section. Building
rooftop non-stealth antennas shall be subject to the following
minimum standards:
1) Antennas shalF only be permitted on buildings or structures
that are at least fifty- (50) feet tall. Antennas may be
placed on buildings less than fifty- (50) feet tall if public
safety needs warrant the antenna;
2) Antennas, and related equipment buildings, shall be
located or screened to minimize the visual impact of the
antenna upon adjacent properties and shall be of a
material or color which matches the exterior of the building
or structure upon which it is situated;
3) No commercial advertising shall be allowed on an antenna;
4) No signals, lights, or illumination shall be permitted on an
antenna, unless required by the FCC or the FAA;
5) Any related unmanned equipment building shall not
contain more than six hundred (600) square feet of gross
floor area per user or be more than twelve (12) feet in
height;
6) If the equipment building is located on the roof of the
building, the area of the equipment building shall not
occupy more than twenty-five (25) percent of the roof area,
and shall comply with all State of North Carolina Building
Code requirements for the proposed and existing building;
7) Antennas may be located on poles owned or controlled by
the County or by a utility provider pursuant to the following
regulations:
a) The maximum height of the pole with antenna shall
not exceed seventy- (70) feet in height; and
Ordinance as Approved by BOCC 9
b) The utility poles shall be located on public properly,
within public easements, or public rights-of-way.
c) The antenna shall be of a size and placement that
is structurally compatible with the engineering
design of the pole pursuant to the North Carolina
State Building Code and attested to by a
professional engineer licensed in the State of North
Carolina, and competent to evaluate antenna
choices.
d) The antenna shall not extend more than ten- (10)
feet above the existing pole height. If the pole is
replaced to withstand the addition of
telecommunications equipment, then the same
restriction shall apply except that the utility pole
may be twenty- (20) feet higher than the adjacent
pole heights.
e) Placement of an antenna on a utility pole shall only
be on poles owned or operated by a public utility
authorized to operate in the County, a County
franchisee, or Orange County.
f) All relocation costs associated with any relocation
of the antenna necessitated by roadway or
sidewalk improvements shall be borne by the
telecommunications provider.
f) Fees.
1) A filing fee as set by the Orange County Board of
Commissioners shall be paid upon application for a
Building Permit, Site Plan approval,. or Special Use Permit.
In addition, an inspection fee is due the County at the time
of future inspections.
2) An engineering permit fee shall be paid if a pole is
replaced to accommodate telecommunications equipment.
3) Public land or right-of-way lease agreements will be
established by separate instrument.
6.18.4 Minimum Standards for Telecommunications Towers
All telecommunications towers must meet the following minimum
standards:
a) Prior to-the issuance of a Building/Electrical. Permit by the
Inspections Division, a site development plan shall be
present~d~for approval to the Planning Division. Each
Ordinance as Approved by BOCC
io
application for a proposed telecommunications tower shall
include all requirements for site development plan approval
as required. Approval of the Planning Director orhis/her
designee to verify consistency with the definition of stealth
facility is required. Each application shall contain a
rendering or photograph of the tower including, but not
limited to, colors and screening devices.
b) All telecommunications towers shall be placed in heavily
wooded areas on the site to the maximum extent possible
so as to lessen the visual intrusiveness of the structure and
accessory structures. A statement shall be submitted by
the applicant stating how the proposed tower will be
.-.,i.,~..,.,~~~~ ~~~~~ ~~~~~~ ~^+~~ ~~i~:.. minimize visual intrusiveness
to surrounding properties in the area. Criteria that maybe
used for such evidence may be height and type of existing
trees surrounding the proposed tower, and local
topography.
c) A statement shall be submitted, prepared by a professional
engineer licensed in the State of North Carolina, which
through rational engineering analysis, certifies the tower's
compliance with applicable standards as set forth in the
State of North Carolina Building Code, and any associated
regulations; and describes the tower's capacity, including
an example of the number and type of antennas it can
accommodate.
d) Applicants shall provide at time of application submittal:
1) the existing cell sites (latitude, longitude, power levels)
to which this proposed site will be a handoff candidate;
2) propagation studies of the proposed site and all
adjoining planned, proposed, in-service or existing
sites;
3) the search area utilized in finding the proposed site;
4) the make, model and manufacturer of the tower and
antenna(s), antenna heights and power levels of
proposed site;
5) the frequency, modulation and class of service of radio
or other transmitting equipment;
6) the actual intended transmission and the maximum
effective radiated power of the antenna(s);
7) the direction(s) of maximum lobes and associated
radiation of the antenna(s);
Ordinance as Approved by BOCC 11
8) certification that the NIER levels at the proposed site
are within the threshold levels adopted by the FCC;
9) certification that the proposed antenna(s) will not cause
interference with other telecommunications devices;
10) a written affidavit stating why "the proposed site is
necessary for their communications service" (e.g., for
coverage, capacity, hole-filling, etc.) and a statement
that there are no existing alternative sites within the
provided search area and there are no alternative
technologies available which could provide the
proposed telecommunications service need without the
tower.
a) County staff will utilize the services of a registered
professional engineer to confirm the accuracy and
reliability of the substantive portions of data
provided in tower applications. No tower shall be
permitted to exceed its designed loading capacity.
For all towers attached to existing structures, the
statement shall include certification that the
structure can support the load superimposed from
the tower. All towers shall have the capacity to
permit multiple users; at a minimum monopole
towers shall accommodate two (2) users and self-
support/lattice or guyed- towers shall, at a minimum
accommodate three (3) users.
e) Standards of evaluation.
1) A proposed tower shall not be permitted if it is not
substantially necessary for the telecommunications
service need identified pursuant to Subsection d.
(10) of this Section.
2) Tower height shall be measured from the base of
the tower to the highest point of the proposed
antenna(s), with lightening rod, to be located atop
- the tower structure.
3) Telecommunications towers shall conform. with all
of the requirements of Sections 8.8.17a.1 a (a-g)
and 8.8.17a.2 of the Zoning Ordinance.
4) All towers shall be engineered to allow for co-
locations. No co-locator shall be refused access for
co-location by charging exorbitant lease fees.
Public safety co-locations shall take priority over
other co-locators.
Ordinance as Approved by BOCC 12
5) A tower consultant shall provide Staff assistance on
exorbitant rate leases.
f) Tower Inspection.
1) .Telecommunication tower owners shall submit a
report to the County Inspections Division certifying
structural and electrical integrity upon completion of
the initial construction and at intervals as specified
in this Section
2) Inspection records shall be kept by the tower owner
and made available upon request to the Inspections
Division during regular business hours.
a) The following inspection schedule shall be
followed except in cases where a tower has
no structures other than those associated
with telecommunication tower use located
within the tower's fall zone. At least once
every thirty-six (36) months, or thirty-six (36)
months from the date of a co-location
approval, a structural engineer who is
regularly involved in the maintenance,
inspection and/or erection of
telecommunications towers shall inspect the
tower and submit a report to the Inspections
Division within a reasonable time thereafter.
At a minimum, this inspection shall be
conducted in accordance with the provisions
of this Ordinance and in accordance with
the tower inspections check list provided in
the EIA-222 (as amended from time to
time). This is considered a major inspection
review.
b) At least once every twelve (12) months, a
visual inspection from the ground shall be
conducted by a properly trained staff
member of a tower provider or tower
consultant and a report shall be filed with
the Inspections Division within a reasonable
time thereafter. This inspection shall
include, but shall not be limited to, visual
inspection of tower foundations, structures,
guys, and connections for evidence of
settlement. or later movement; soil erosion;
condition of paint or galvanizing; rust or
corrosion, loose or missing bolts, loose or
corroded lightning protection connectors;
Ordinance as Approved by BOCC
13
tower plumbness, significant variation in guy
sags (i.e. tensions), and other material
areas or matters relating to the structural
integrity of .the tower. This is considered a
minor inspection review.
c) In addition to the regularly scheduled major
and minor inspections set forth in
paragraphs 1) and 2) above, a minor.
inspection, at a minimum, will be conducted
if the tower or its appurtenances are noted
at any time to be visibly damaged.
Additionally, a major inspection shall be
conducted if the visible damage to the tower
is significant or when, after conducting a
minor inspection, significant questions
remain about the structural integrity of the
tower.
3) The Inspections Division may conduct periodic
inspections of telecommunications towers to ensure
electrical integrity. The owner of the
telecommunication tower may be required by the
County to have more frequent inspections should
there be reason to believe that the electrical
integrity of the tower is jeopardized. The County
reserves the right to require additional inspections if
there is evidence that the tower has a safety
problem or is exposed to extraordinary conditions.
4) Structurally Unsafe or Unused Towers. Any tower
found, through inspection by the owner or by
inspection of the Inspections Division, to be
structurally unsafe and cannot be brought into
compliance within 180 days shall be removed at the
owner's expense.
5) Compliance with Standards. Current or former EIA.
standards shall apply to the addition of antennas or
other appurtenances•to communications towers
under the following conditions:
a) Additions to towers constructed prior to the
effective date of this Ordinance, regardless
of whether the additions are accounted for
in the original design, shall comply with the
current EIA standards, and the wind loading
specified therein. Additions to towers
constructed subsequent to the effective date
of this Ordinance shall comply with
Ordinance as Approved by BOCC 14
standards set forth elsewhere in this
Section.
b) Existing towers that will not have any
additional attached appurtenances shall at a
minimum comply with the EIA standards in
existence at the time the tower was erected.
c) Replacement of antennas or other
appurtenances shall at a minimum comply
with the EIA standard in existence at the
time the tower was erected if the
replacement does not add to the original
design loading.
d) - If a structural analysis shows a tower is not
in compliance with the appropriate EIA
standards, the owner shall submit an
application to the Inspections Division with a
plan to bring the tower into compliance
within six (6) months.
e) Analysis of Existing Towers. Within twelve
(12) months of the effective date of this
Ordinance an analysis by a North Carolina
Licensed Professional Engineer (P.E.
Analysis) shall be performed on all towers in
excess of 100 feet in height and shall be
submitted to the Inspections Division. The
analysis shall determine the tower's
compliance or lack thereof with the EIA
standard in effect at the time the tower was
constructed and when the most recent
structural loading change was made. For all
towers- less than six (6) years old, a current
existing P.E. analysis of the tower may be
submitted in lieu of the new P. E. analysis
required above. If the tower does not meet
the aforementioned EIA standards, the letter
or existing P.E. analysis shall include the
types, of modifications that would be
required to bring the tower up to standard.
All existing towers shall be subject to the
annual electrical inspection conducted by
the Inspections Division including any
associated inspection fees.
1) The Inspections Division shall be
notified in writing when a required
analysis is complete. A copy of the
analysis report shall be made
Ordinance as Approved by BOCC
15
available to the County Inspections
Division upon request. That report
shall also give details of the net
result of any changes made to the
tower or its appurtenances since the
last inspection.
6) Fees and charges.
a) A filing fee as set by the Orange County
Board of Commissioners shall be paid upon-
application for a Building Permit, Site Plan
approval or Special Use Permit. In addition,
an inspection fee is due the County at the
time of future inspections.
b) Public land or right-of-way lease
agreements shall be established by
separate instrument and recorded prior to
the issuance of Building Permits.
c) Escrow Account. An escrow account of an
amount determined by the Board of County
Commissioners shall be paid by check to
Orange County to pay associated
consultant review fees during the review
process. A partial escrow payment of
$1,000 shalt be submitted at the pre-
. application meeting to cover associated
.consulting fees incurred prior to the formal
submittal of a Special Use Permit
application. The escrow amount required at
the formal application submittal shall be
reduced by the $1,000 partial payment
amount. Any unused funds in the account
after either the approval of .the Certificate of
Occupancy (CO), or the expiration of the
Special Use Permit approval, whichever is
sooner, shall be returned to the designated
partY•
6.18.5 Master Telecommunications Plan ("Plan")
The Plan will assist providers in their search for suitable locations~to build
their service network. The County may develop the Plan (map), which
would display locations within the County's zoning jurisdiction where
property owners have expressed interest in allowing construction of
telecommunications equipment. Information that may be shown on the
base Plan will include: existing towers, major transmission lines, County-
defined Natural Areas, historic properties, scenic corridors, known bird
migratory patterns through the County, Voluntary Agricultural Districts,
Ordinance as Approved by BOCC 16
and publicly-owned orquasi-.public lands. In all cases, an interest in
allowing the placement of telecommunication equipment on the
property/properties shall have been expressed. In order to participate in
the MTP all owner(s), or their legally binding representatives, shall submit
an application on a form prepared by the Planning Department and meet
the following guidelines:
a) Information to be provided. All telecommunication
providers who elect to construct facilities on properties in
the Plan shall provide all necessary and requested
information to the County's telecommunications consultant.
b) Plan modification. After adoption of the initial Plan any
subsequent modification of the Plan may be considered
annually at the February Quarterly Public Hearing. Any
applicant requesting modification of the Plan shall make
application to the Zoning Officer on or before December
~5~' 1st of each year. The fee for modifying the Plan shall
be that as set forth in the Orange County Schedule of
Fees.
c) Withdrawal from the Plan. Withdrawal from the Plan is
permitted if any owner submits, to the Planning Director, a
notarized statement requesting withdrawal from the Plan.
Section 2: Amend. Section 8.8.17a to read as follows:
8.8.17a Telecommunication Towers
Amended
12/10/02
T
Promoting and encouraging, wherever possible, alternatives to
constructing new towers, including but not limited to the co-location of
wireless telecommunications equipment and mitigating the visual effect of
a telecommunication tower to an extent not commercially impracticable;
promoting and encouraging, wherever possible, the placement, height
and quantity of wireless telecommunications towers and equipment in
such a manner, including but not limited to the use of stealth technology
or camouflage techniques, to minimize adverse- aesthetic and visual
impacts on the land, property, buildings, and other facilities adjacent to,
surrounding, and in generally the same area as the requested location of
such telecommunications towers, which shall mean using the least
visually and physically intrusive facility that is not technologically or
commercially impracticable under the facts and circumstances.
Ordinance as Approved by BOCC
8.8.17a.1 Definitions
Words, terms and phrases, when used in this Section, shall have the
meanings ascribed to -them as in Section 6.18.
8.8.17a.1 a ~ Additional Information
i~
In addition to the information required in Subsections 6.18.4, 8.2 and 8.8,
.the following shall be submitted as part of the application.
a) A Site Plan showing the entire site (including property boundary
lines) and size of all existing structures within 500 feet of the site,
existing and proposed structures on site, the fall zone of the tower,
existing and proposed topography at a contour interval of flue feet
and any officially designated floodways and floodplains, or the
presence of alluvial soils.
b) Plans, and elevations for all proposed structures and descriptions
of the color and nature of all exterior material
c) A Landscape Plan showing, at the same scale as the Site Plan,
existing and proposed trees, plus shrubs, ground cover and other
landscape-materials. This plan shall minimize adverse visual
effects of telecommunications towers and antennas through
careful design, siting, landscape screening and innovative
camouflaging techniques. Notwithstanding any other provision of
this article, to minimize adverse visual impacts associated with the
proliferation and clustering of telecommunications towers, co-
location of telecommunications equipment on existing or new
towers shall be encouraged.
d) Monopole., lattice or guyed telecommunications towers shall not
be located within %2 mile of any existing monopole; lattice or guyed
telecommunications tower. An exception may be allowed when
the applicant can sufficiently demonstrate that 1) appropriate
space on the existing telecommunication tower is not available; or
2) the applicant has made good faith effort to negotiate an
agreement with the owner of the existing telecommunication tower
and has been unsuccessful, which must be documented in writing;
or 3) the telecommunication equipment on the existing
telecommunication tower is not compatible with the proposed
telecommunication equipment of the applicant; or 4) adequate
coverage by the applicant cannot be met at the location of the
existing telecommunication tower; or 5) the existing
telecommunication tower cannot be reasonably modified to
accommodate additional co-location by the applicant. Exceptions
shall only be allowed after a thorough. analysis of the search area,
provided by the applicant is performed by the County's consultant
or Staff, indicating that coverage is not possible on an existing
tower at the four-carrier capacity or other user capacity that can
Ordinance as Approved by BOCC
is
be achieved. There must be a 80% approval vote of the deciding
board for this specific finding to-pass the exception criteria.
e) Evidence that the applicant has investigated the possibilities of
placing the proposed equipment on an existing tower. Such
evidence shall consist of:
1) A listing of all telecommunications towers within a 2-mile
radius of the proposed tower site and a listing of all towers,
utility poles and other structures in the vicinity of the
proposed facility that are technically feasible for utilization
by the applicant to fill all or a substantial portion of the
telecommunications service need identified by the
Applicant pursuant to Subsection 6.18.4. d)(10).
Documents shall be submitted at the time of application
filing that indicates the applicant's ability or inability to co-
locate on the identified tower(s) and reasons why.
2) Delineation of the boundaries of the maximum search
range within which the telecommunication equipment can
function as intended. The following information shall be
provided for all existing towers within the search range:
a) .Telecommunication tower height, as measured
from the base of the tower to the highest point of
the proposed antenna(s), including lightning rods,
to be located atop the tower structure;
b) Existing and planned tower users;
c) Whether the existing telecommunication tower
could accommodate the telecommunication
equipment to be attached to the proposed tower
without causing structural instability or radio
frequency interference; and
d) If the proposed telecommunication equipment
cannot be accommodated on the existing
telecommunication tower, assess whether the
existing tower could be structurally strengthened or
whether the antennas transmitters and related
equipment could be protected from electromagnetic
interference, and generally describe the means and
projected cost of shared use of the existing tower;
and
e) any. restrictions or limitations of the FCC or FAA
that would preclude the shared use of the tower;
and
f) any additional information requested by the County.
Ordinance as Approved by BOCC
19
3) A summary explanation of why proposed
telecommunicationequipment cannot be located on any of
the existing towers in the search range.
f) Documentation from applicable state or federal agencies
indicating requirements, which affect the appearance of the
proposed tower, such as lighting and coloring.
g) Draft bond which will guarantee the removal of the tower in the
event that it is abandoned or unused for a period of 12 months.
h) A listing of, and current tax map identifying, all property owners
within 1000 feet of the parcel shall be provided. Addressed, first
class stamped envelopes to the property owners shall be
submitted with the application. Each property owner shall be
notified of the public hearing. in accordance with Article 2.3.3.4
(Class B Special Use Permit) or Article 8.4.5 (Class A Special Use
Permit) of this Ordinance.
i) The applicant shall, at least 6 weeks prior to a Class B Special
Use Permit public hearing and at least 11-weeks prior to a Class A
Special Use Permit public hearing, arrange to fly, or raise upon a
mast, a minimum of a three-foot (3') in diameter, brightly colored
red or orange balloon at the maximum height of the proposed new
tower. A notice of the dates (including a second date in case of
poor visibility, weather or atmospheric conditions on the initial
date), times, and location of the balloon test shall be mailed, by
certified mail, return receipt requested, by the applicant, to all
persons owning property within 1,000 feet of the subject parcel no
-less than fourteen (14) days in advance of the first test date. The
applicant shall inform the County Planning Staff, in writing, of the
dates and times of the test at least fourteen (14) days in advance.
The balloon test shall be flown for at least four (4) consecutive.
hours sometime between 7:00 A. M. and 4:00 P.M. on the dates
chosen. The primary date shall be on a weekend, but to prevent
delays in the processing of the application, and in case of poor
weather or atmospheric conditions on the initial date, the
secondary date may be a weekday. The applicant, as evidence
that this requirement has been met, shall submit a notarized
statement and listing of the property owners notified of the test, a
copy of a current Orange County Tax Map showing the subject
property and all properties within the notification ring, and copies
of the certified mail returned receipts from the mail-out. The
applicant shall also post a sign on the subject property, and
directional signs posted at locations to be determined by Planning
Staff., The signs shall measure no more than nine (9) square feet
in area and no less than four (4) square feet in area, giving the
proposed dates, times, and location of the balloon test. The signs
shall be posted to meet the same time limits as provided for in the
balloon test notification and as stated above. A notarized
Ordinance as Approved by BOCC 20
statement that this requirement has been met is also required
from the applicant and shall be submitted at the time of the
application. Photographs of a clearly visible balloon floated at the
proposed tower location to the maximum height of the tower, as
well as photographs with the proposed tower and associated
antennas superimposed upon them showing what the proposed
tower will look like, shall be submitted at the time of the.
application. Photographs shall be taken from locations such as:
property lines, and/or nearby residential areas, historic sites,-
roadways, including scenic roads and major view corridors, and
other locations as deemed necessary by the Planning Staff to
assess the visual impact of the proposed tower. The visibility of
the balloon to adjacent properties and the surrounding area shall
not constitute sole justification of denial of a permit application, but
is an indication of what location on the site may be less visually
intrusive.
j) The Special Use Permit application shall include a statement that
the facility and its equipment will comply with all federal, state and
local emission requirements.
k) All buildings and other structures to be located on the same
zoning lot as a telecommunication tower shall conform with the
setbacks established for the zoning district or as established
through the subdivision process, whichever is greater.
I) An Applicant may be required to submit an Environmental
Assessment Analysis and a Visual addendum. Based on the
results of the Analysis, including the Visual addendum, the County
may require submission of a more detailed -visual analysis. The
scope of the required Environmental and Visual Assessment will
be reviewed at the pre-application meeting.
The Applicant shall furnish a Visual Impact Assessment, which
shall include:
A "Zone of Visibility- Map" shall be provided in order to determine
locations from which the tower may be seen.
Panorama photo simulations of the proposed tower,
superimposed on the existing ,landscape, to scale, e# showing
"before and after" views including but not limited to State highways
and other major roads; State. and local parks; other. public lands;
historic districts; preserves and historic sites normally open to the
public; and from any other location where the site is visible to a
large number of visitors, travelers or residents
An assessment of the visual impact of the tower base, guy wires
and accessory buildings from abutting and adjacent properties
and streets shall be considered to determine the need of
screening.
Ordinance as Approved by BOCC 21
All Applications shall contain a demonstration that the tower is
sited so as to have the least visually intrusive effect reasonably
possible and thereby have the least adverse visual effect on the
environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
Both the telecommunications tower and any and all accessory or
associated telecommunication equipment and related facilities
- shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed
and/or to harmonize with the natural surroundings, this shall
include the utilization of stealth technology as may required by the
County.
At a telecommunications tower site, an access road, turn around
space and parking shall be provided to assure adequate
emergency and service access. Maximum use of existing roads,
whether public or private, shall be made to the extent practicable.
Road construction shall, at all times, minimize ground disturbance
and the. cutting of vegetation. Road grades shall closely follow.
natural contours to assure minimal visual disturbance and reduce
soil erosion.
8.8.17a.2 Standards of Evaluation
The following specific standards, as well as those found in Section 6.18.4
of the Zoning Ordinance, shall be used in deciding upon an application for
approval
a) Telecommunications equipment shall be located at a preferred
site in accordance with the following priorities, with priority one (1)
being the most preferred, and priority five (5) being the least
preferred:
1. On existing towers or other structures;
2. On utility poles;
3. On industrially- or commercially-zoned properties;
4. On a stealth facility;
5. At another location not identified above as priority 1, 2, 3 or
4.
b) If an Applicant proposes to place telecommunications equipment.
at a location that is not a preferred priority 1 site, then the
Applicant must provide a detailed explanation as to why a higher
priority site is not proposed. The explanation shall be in the form
of a written report. demonstrating the Applicant's review of the
above locations in order of priority and the reason(s) for the site
selection. The explanation shall, at a minimum, include the
information required by Subsection 8.8.17a.1 a.e).
Ordinance as Approved by BOCC
22
c) The application shall not be approved unless it demonstrates that
the telecommunications equipment may not be sited at a higher
priority site because of commercial impracticability or because no
higher priority site is available that would serve to provide the
telecommunications service need identified by the Applicant as
provided for in Subsection 6.18.4 d)(10).
d) An Applicant may not by-pass sites of higher priority merely
because the site proposed is the only site leased or selected.
Agreements between providers limiting or prohibiting co-location
shall not be a valid basis for any claim of commercial
impracticability.
e) Notwithstanding that a potential site may be situated in an area of
highest priority or highest available priority, an application shall not
be approved if it conflicts with the provisions and requirements of
this Ordinance.
f) Within or adjacent to residential zoning districts, minimum
setbacks from the base of the tower to the property boundary shall
be equal to 110% of the tower height. If the tower is proposed as
an accessory use to a residential use, the tower setback .shall be
110% of the tower height from any residence or dwelling unit on
the subject property.
g) Adjacent to non-residential uses or non-residential zoning districts,
minimum setbacks from the base of the tower to the property
boundary shall be the greater of 20% of the tower height, or the
minimum required setback.
h) A Type C Landscape Buffer shall be provided between the tower
and its accessory structures and adjoining property/properties.
Existing vegetation may be removed only to the extent necessary
to accommodate the tower, equipment buildings, and support
structures such as guy wires. Plantings around the compound
perimeter, outside of .any fence or wall, shall be composed entirely
of fast growing evergreen vegetation. New plantings and existing
vegetation used for screening shall be at least six (6) feet in height
or greater at planting. Proposed plantings (name, type, height)
shall be shown on the Landscape Plan for the facility.
Landscaping shall provide a screen on a year-round basis.
i) The site plan shall indicate a location for at least two equipment
buildings in addition to that proposed for use by the applicant. All
outdoor lighting not regulated by the FCC shall comply with the
Outdoor Lighting Standards set forth in Section 6.31 of the Zoning
Ordinance.
j) An 8-foot fence or wall shall be required around the base of any
tower. This fence or wall shalt encompass all accessory
equipment within the compound. Fences shall be required around
Ordinance as Approved by BOCC
23
guy wire tie downs as well. The fence or wall may be placed
around the perimeter of the facility to include guy wire tie downs
and associated equipment should the applicant/ownertyish to do
so.
k) The telecommunications equipment planned for the proposed
tower cannot be accommodated on an existing tower due to one
or more of the following reasons:
1) The planned equipmenf would exceed the structural
capacity of existing and approved towers, considering
existing and planned use of those towers and the towers
cannot be reinforced to accommodate planned or
equivalent equipment at a reasonable cost.
2) The planned equipment would cause radio frequency
interference with other existing or planned equipment for
these towers, and the interference cannot be prevented at
a reasonable cost.
3) Existing or approved towers do not have space on which
the equipment can be placed so it can function effectively
and reasonably in parity with similar existing or approved
equipment.
4) No tower or other suitable facility exists in an area where
the equipment to be placed on the tower will function in its
intended manner.
I) The communications tower is structurally designed to support
additional users as provided for in Section 6.18.4 d) 5a, and the
Special Use Permit includes a statement that the owner of the
tower is willing to permit other user(s) to attach communication
equipment which do not interfere with the primary purpose of the
tower, provided that such other users agree to negotiate a
reasonable compensation to the owner from such. liability as may
result from such attachment.
m) The color of the tower is of light tone, except to the extent required
bylaw, so as to minimize its visual impact.
n) The towers will not be artificially lighted unless required by the
FAA, FCC or other federal or state agency. Where such agencies
allow a choice between painting the tower or installing strobe
lighting, painting shall be the preferred choice.
o) The tower and antenna will not result in a significant adverse
impact on the view of or from any historic site, scenic road, or
major view corridor.
Ordinance as Approved by BOCC 24
p) All abandoned communication towers shall be removed within 12
months of the cessation of use. A bond or other security
guaranteeing the removal of the tower in the event that it is
abandoned or unused for a period of 12 months shall be posted.
A cost estimate shall be provided by a qualified General
Contractor licensed in the State of North Carolina. The amount of
the security shall be 110 percent of the estimate.
q) A determination shall be made that the facility and its equipment
will comply with all federal, state and local emission requirements,
and the Special Use Permit shall include a statement that the
facility and its equipment will comply with all federal, state and
local emission requirements.
r) The Special Use Permit shall include a condition that the electro-
magnetic radiation levels maintain compliance with requirements
of the FCC, regarding emission of electromagnetic radiation.
Within 30 days of installation of equipment on the tower, and
within 30 days of the installation of any additional equipment in the
future, the tower owner shall provide documentation of emission
levels in relation to FCC standards. In addition, the tower owner
must provide documentation of emission levels within five working
days if so requested by Orange County. Orange County may
make such requests at any time, not to exceed two times per year.
s) High voltage and "No Trespassing" and other warning signs. .
1 } If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures,
"HIGH VOLTAGE -DANGER" warning signs shall be
permanently attached to the fence or wall and shall be
spaced no more than forty (40) feet apart.
2) "NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more
than forty-(40) feet apart.
3) The letters for the "HIGH VOLTAGE -DANGER" and "NO
TRESPASSING" warning signs shall be at least six (6)
inches in height. The two (2) warning signs maybe
combined into one (1) sign. The warning signs shall be
installed at least five (5) feet above the finished grade of
the fence.
4) The warning signs may be attached to freestanding poles if
the content of the. signs would, or could, be obstructed by
landscaping.
4) Signs noting federal registration (if required) shall be
attached to the tower structure in compliance with
federal regulation.
Ordinance as Approved by BOCC 25
t) Equipment storage. Mobile or immobile equipment not used in
direct support of a tower facility shall not be stored or parked on
the site of the telecommunication tower, unless repairs to the
tower are being made.
u) Signs and advertising. The use of any portion of a tower for signs
or advertising purposes including company name, banners,
streamers, etc. shall be strictly prohibited.
Section 3: .That this ordinance be placed in the file of published ordinances.
Section 4: Thaf this ordinance ineffective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County
Commissioners that this Ordinance entitled "An Ordinance Amending the Zoning
Ordinance of Orange County" is adopted.
Upon motion of om issioner ~ V ,seconded by
Commissioner ~ ~ the regoing Ordinance was
.adopted this the ~ day of , 2004.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy
of so much of the proceedings of said Board at a meeting held on
.3 2004 as relates in any way to the adoption of the
foregoing and that. said proceedings are recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this ~_ day of
2004.
Clerk to the Board of Commissioners
O 2 .-~j ~ ; ~ ~,
~i
The Board approved budget ordinance, capital project ordinance, and grant project
ordinance amendments for fiscal year 2003-04 for Library Services, Cooperative Extension,
Emergency Management, Department on Aging, Sheriff's Department, and Environment and
Resource Conservation Department.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA
i. Telecommunications Towers Regulations Amendments
The Board considered Planning Board and Administration recommendations, closing the
Public Hearing and making a decision on the proposed Telecommunication Towers
amendments to Article 6.18 and Article 8.8.17a of the Orange County Zoning Ordinance.
Commissioner Gordon made reference to pages 4 and 16. She wants to understand
the changes to the Master Telecommunications Plan and why general zoning approval was
deleted. Planning Director Craig Benedict said that on page 4, there is the definition that will
explain what one can do in the future, and it is only a placeholder. This definition was in there
previously, but there was not an adoption of a plan that would activate the use of it.
On page 16, it explains how the MTP would work in a future process. They hope to
have it as a prioritization mechanism in the future. Commissioner Gordon asked about the
statement, "that have received zoning approval from the County Commissioners" and why this
was taken out. Craig Benedict said that this could have invoked apre-zoned property for
allowing towers. They thought this might be too liberal at this point.
County Attorney Geof Gledhill said that this is also redundant in that the plan when
developed will not place on it sites that are not properly zoned for towers.
Commissioner Gordon asked about the all-bold part, "Information that may be shown on
the plan will include...," and asked if this information is to be shown if it is applicable. She said
that it should say, "Information to be shown on the plan will include..." Craig Benedict said that
it would be a determination of the County Commissioners about which sites of a natural area
may be assigned and which sites may not be assigned.
Commissioner Gordon said that this appears to be very confusing to her.
Chair Jacobs said that he feels fine with this. He asked if there was a definition of a
scenic corridor in Orange County regulations. Craig Benedict said that the comprehensive plan
has some definitions.
Chair Jacobs said that if they are going to take this to public hearing in May, he wants to
be sure that there is some data about bird migratory patterns.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
approve the proposed amendments.
VOTE: UNANMOUS
I. Schools Class A Special Use Permit Amendments
The Board considered Planning Board and Administration recommendations, closing the
public Hearing and considered approval of a proposed amendment to the Orange County
Zoning Ordinance to make Schools: Elementary, Middle, and Secondary - a Class A Special
Use in appropriate zoning districts and to apply special use permit standards that meet the
general standards, zoning district requirements and similar standards as detailed in Section
8.8.29 ("Growth Management Subdivision Standards") of the Zoning Ordinance.
Commissioner Gordon asked for clarification about the Administration's approval. She
also asked about the significance of the storm water management issue on page two. Craig
Benedict said that during their conversation with the Planning Board, the original submittal
talked about aone-year 24-hour storm, which is an intensity storm that happens on a regular
o~A,~oay- do ~
o x-o3- ?i°y
8'~
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
C°nntP of ®'
Administration ~~` , ,~ °~ 306E Revere Road
(919) 245-2575 t(~ ~ P O Box 8181
(919) 644-3002 (Fax) ~~ Hillsborough,
www.co.orange.nc.us ~'°~(b ~a°~~°p North Carolina, 27278
~CC~,Ek~;.--
MEMORANDUM ~ ~ __.
`~_ ~ 2 5 ~.
TO: Donna Baker a~., .
FROM: Debra Graham ----- --
DATE: February 23, 2004
SUB]ECT: Ordinance Amendments
Enclosed are amendments to the Orange County Zoning Ordinance and Subdivision
Regulations approved by the Board of County Commissioners on February 3, 2004.
If you have questions, please contact me. Thanks.
o2~tN~~ couNrY
zONINC OZ (7IN~l NCB
prepared by the
ORANGE COUNTYPLANNING DEPARTMENT
ADOPTED BY THE BOARD OF COMMISSIONERS
SEPTEMBER 2,1981
AMENDED:
NOVEMBER 2, 1981 JANUARY 3, 1989 OCTOBER 5, 1994
NOVEMBER 23, 1981 MAY 16, 1989 NOVEMBER 1, 1994
JANUARY 19, 1982 AUGUST 1, 1989 JANUARY 17, '1995
JULY 6, 1982 OCTOBER 2, 1989 AUGUST 3, 1995
OCTOBER 4, 1982 OCTOBER 17, 1989 OCTOBER 2, 1995
FEBRUARY 7, 1983 NOVEMBER 6, 1989 APRIL 1, 1996
JULY 5, 1983 NOVEMBER 21, 1989 JUNE 3, 1996
JANUARY 3, 1984 JANUARY 8, 1990 JULY 1, 1996
APRIL 7, 1984 FEBRUARY 5, 1990 SEPTEMBER 3, 1996
JUNE 4, 1984 APRIL 2, 1990 OCTOBER 1, 1996
JULY 2, 1984 MAY 15, 1990 DECEMBER 17, 1996
OCTOBER 1, 1984 AUGUST 6, 1990 APRIL 1, 1997
NOVEMBER 20, 1984 AUGUST 21, 1990 MAY 21, 1997
FEBRUARY 19, 1985 SEPTEMBER 4, 1990 JUNE 2, 1997
APRIL 1, 1985 OCTOBER 1, 1990 AUGUST 4, 1997
JULY 1, 1985 FEBRUARY 19, 1991 OCTOBER 21, 1997
NOVEMBER 19, 1985 APRIL 1, 1991 JANUARY 20, 1998
JANUARY 6, 1986 JUNE 25, 1991 APRIL 21, 1998
MARCH 5, 1986 AUGUST 5, 1991 OCTOBER 13, 1999
MARCH 18, 1986 SEPTEMBER 3, 1991 OCTOBER 19, 1999
AUGUST 4, 1986 OCTOBER 7, 1991 MARCH 14, 2000
NOVEMBER 3, 1986 OCTOBER 22, 1991 SEPTEMBER 5, 2000
JANUARY 5, 1987 JANUARY 6, 1992 AUGUST 21, 2001
MARCH 24, 1987 AUGUST 3, 1992 SEPTEMBER 18, 2001
JULY 7, 1987 AUGUST 4, 1993 NOVEMBER 19, 2001
OCTOBER 5, 1987 SEPTEMBER 7, 1993 DECEMBER 10, 2002
FEBRUARY 1, 1988 JANUARY 1, 1994 MAY 20, 2003
APRIL 4, 1988 JANUARY 4, 1994 JUNE 26, 2003
JULY 5, 1988. MARCH 1, 1994 SEPTEMBER 16, 2003
OCTOBER 3, 1988 APRIL 4, 1994 NOVEMBER 5, 2003
OCTOBER 18, 1988 AUGUST 8, 1994 FEBRUARY 3, 2004
TABLE OF CONTENTS
ARTICLE TITLE PAGES
I GENERAL PROVISIONS 1-1 - 1-2
II BOARD OF COUNTY COMMISSIONERS &
ITS ADMINISTRATIVE MECHANISMS 2-1 - 2-16
III ESTABLISHMENT OF ZONING
DISTRICTS AND ATLAS 3-1 - 3-3
IV ESTABLISHMENT OF PERMITTED
USE TABLE AND SCHEDULE 4-1 - 4-20
V ESTABLISHMENT OF DIMENSIONAL
REQUIREMENTS 5-1 - 5-4
VI APPLICATION OF DIMENSIONAL
REQUIREMENTS 6-1 - 6-65
VII . PLANNED DEVELOPMENT DISTRICTS 7-1 - 7-48
VIII SPECIAL USES 8-1 - 8-52
IX SIGNS 9-1 - 9-8
X OFF-STREET PARKING AND LOADING 10-1 - 10-13
XI NON-CONFORMITIES 11-1 - 11-7
XII LANDSCAPING AND BUFFER
REQUIREMENTS 12-1 - 12-20
XIII TRAFFIC IMPACT STUDY 13-1 - 13-6
XIV SITE PLAN APPROVAL PROCEDURES 14-1 - 14-6
XV-XIX RESERVED
XX AMENDMENTS 20-1 - 20-6
XXI ADMINISTRATION 21-1 - 21-6
XXII DEFINITIONS 22-1 - 22-34
XXIII ENFORCEMENT 23-1 - 23-8
XXIV LEGAL STATUS PROVISIONS
AND EFFECTIVE DATE 24-1 - 24-2
DETAILED TABLE OF CONTENTS
ARTICLE
SECTION TITLE PAGE
I GENERAL PROVISIONS 1-1
1.1 Long Title and Authority 1-1
1.2 Short Title 1-1
1.3 Intent 1-1
1.4 Applicability 1-2
1.5 Farm Exemption 1-2
1.6 Applications to be Processed Expeditiously 1-2
II THE BOARD OF COUNTY COMMISSIONERS
.AND ITS ADMINISTRATIVE MECHANISMS 2-1
2.1 The Board of County Commissioners 2-1
2.1.1 Board of County Commissioners Responsibilities 2-1
2.1.2 Procedure of Amendments to this Ordinance- 2-1
2.1.3 Procedure on Application for Approval of Special Uses 2-1
2.1.4 Appeal of Board of County Commissioners Action 2-2
2.2 Planning Board 2-2
2.2.1 Intent 2-2
2.2.2 Establishment 2-2
2.2.3 Qualifications 2-3
2.2.4 Tenure 2-3
2.2.5 Reserved 2-3
2.2.6 Rules of Procedure 2-3
2.2.7 Meetings 2-4
2.2.8 Meeting Minutes .2-4
2.2.9 Annual Report 2-4
2.2.10 General Powers and Duties 2-4
2.2.11 Specific Powers and Duties 2-5
2.2.12 Comprehensive Plan, Intent 2-6
2.2.13 Comprehensive Plan Adoption 2-7
2.2.14 Amendment of Adopted Comprehensive Plan 2-8
2.2.14.1 Initiation of Amendments 2-8
2.2.14.2 Classification of Amendments 2-8
2.2.14.3 Consideration of Amendments 2-9
2.2.15. Planning Department to Act as Staff to Planning Board 2-9
2.3 Board of Adjustment 2-9
2.3.1 Board of Adjustment, Establishment of 2-9
2.3.2 Powers of Board 2-10
2.3.3 Board of Adjustment Administration 2-10
2.3.4 Quorum and Vote Required 2-12
2.3.5 Application of the Special Use Power 2-12
2.3.6 Application of the Variance Power 2-12
2.3.7 Application of Interpretation Power 2-13
2.3.8 Appeal Stays Further Proceedings 2-13
2.3.9 Exceptions to Stay of Action 2-14
2.3.10 Appeals of Board of Adjustment Actions 2-14
2.4 Planning Department 2-14
2.4.1 .Duties and Responsibilities 2-14
2.4.2 Development Advisory Committee Established 2-15
2.4.2.1 Duties and Responsibilities 2-15
2.4.2.2 Development Advisory Committee Meetings 2-16
2.4.2.3 Reports 2-16
III ESTABLISHMENT OF ZONING DISTRICTS AND ATLAS 3-1
3.1 Division into Zoning Districts 3-1
3.2 Zoning District Boundaries Shown on Official Zoning Atlas 3-1
3.3 Official Zoning Atlas and Amendments-Authentication 3-1
3.4 Copies of Zoning Atlas, Status 3-1
3.5 Maintenance Responsibility 3-1
3.6 ~ Authentication: Record of Nature and Date of Amendments 3-1
3.7 Unauthorized Changes Prohibited 3-2
3.8 Effective Date of Amendments 3-2
3.9 Official Zoning Atlas Replacement 3-2
3.10 Interpretation of District Boundaries 3-2
3.11 Required Conformance to District Regulations 3-3
3.12 Prohibited Uses 3-3
IV ESTABLISHMENT OF PERMITTED USE TABLE
AND SCHEDULE 4-1
4.1 Establishment of Use Regulations 4-1
4.1.1 Town of Chapel Hill Land Development Standards 4-1-a
4.1.2 Town of Carrboro Land Development Standards 4-2
4.2 District Statements of Intent and Application Criteria 4-2
4.2.1 Rural Buffer (RB) District 4-2
4.2.2 Agricultural Residential (AR) District 4-2
4.2.3 Rural Residential (R-1) District 4-2-a
4.2.4 Low and Medium Intensity Residential (R-2, R-3, R-4) Districts 4-2-a
4.2.5 High Intensity Residential (R-5, R-8, R-13) Districts 4-3
4.2.6 Reserved 4-3
4.2.7 Reserved 4-3
4.2.8 .Local Commercial-1 (LC-1) District 4-3-a
4.2.9 Neighborhood Commercial-II (NC-2) District 4-3-a
4.2.10 Community Commercial-III (CC-3) District 4-5-a
4.2.11 General Commercial-IV (GC-4) District 4-6
4.2.12 Existing Commercial-V (EC-5) District 4-6
4.2.13 Reserved 4-6-b
4.2.14 Reserved 4-6-b
4.2.15 Reserved 4-6-b
4.2.16 Office/Institutional (O/I) District 4-6-b
4.2.17 Reserved 4-6-b
4.2.18 Reserved 4-6-b
4.2.19 Economic Development (ED) District 4-7
4.2.20 Existing Industrial (EI) District 4-7
4.2.21 Light Industrial-I (L-1) District 4-8
4.2.22 Medium Industrial-II (I-2) District 4-8
4.2.23 Heavy Industrial-III (I-3) District 4-9
4.2.24 Agricultural Services (AS) District 4-9
4:2.25 Public Interest (PID) District 4-10
4.2.26 Reserved 4-10
4.2.27 Watershed Protection Overlay Districts 4-10
4.2.31 Major Transportation Corridor (MTC) District 4-10-d
4.3 Permitted Use Table 4-11
V ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS 5-1
5.1 Establishment of Dimensional Requirements 5-1
5.1.1 Town of Chapel Hill Land Development Standards 5-1
5.1.2 Town of Carrboro Land Development Standards 5-1
5.1.1 Schedule for .Residential Development: Single and Two Family,
Multi-Family, Residential Hotels, Rooming Houses, Etc. 5-2
5.1.2 Schedule for Non-Residential Development: Lot by Lot,
Planned Development 5-3
VI APPLICATION OF DIMENSIONAL REQUIREMENTS 6-1
6.1 Regulations Encumbering Land Required to Satisfy Regulations 6-1
6.2 Modification of Dimensional Requirements 6-1
6.3 Regulation of Principal Uses and Structures 6-1
6.4 Corner Lot Setback on the Side Street 6-2
6.5 Additional Setbacks Required in Non-Residential Lots
Abutting Residential Districts 6-3
6.6 Permitted Projections into Required Open Space 6-3
6.7 Accessory Structures in Residential Districts 6-3
6.8 Visibility at Intersections 6-3
6.9 Reserved 6-4
6.10 Reserved 6-4
6.11 Irregular Lots -Further Subdivision. or Creation 6-4
6.12 Supplemental Regulations for Group Developments,
PD Districts, and Other Developments Controlled
by the Land Use Intensity System 6-4
6.12.1 Adoption of Volume 2: Minimum Property Standards
for Multi-Family Housing and Volume 4: Manual of
Acceptable Practices, as Supplemental Guides 6-4
6.12.2 Definitions and Methods of Measurement Relating to
Standard LUI Ratios; Requirements and Limitations 6-5
6.12.2.1 -Gross Land Area 6-6
6.12.2.2 Residential Land Area 6-7
6.12.2.3 Residential Floor Area 6-7
6.12.2.4 Open Space 6-7-a
6.12.2.5 Liveability Space 6-7-a
6.12.2.6 Recreation Space 6-8
6.12.3 Open Space and Building Spacing in Residential Districts
and Other Districts in which Similar Attached and Multi-
Family Uses are Permitted 6-8
6.12.4 Definitions and Methods of Measurement Relating to Non-
Residential Intensity Ratios: Requirements and Limitations 6-14
6.12.5 Reserved 6-15
6.12.6 Reserved 6-15
6.13 Application of Performance Standards 6-15
6.13.1 General Applicability 6-15
6.13.2 Application to Extensions, Enlargements, Etc. 6-15
6.13.3 Required Compliance by Non-Conforming Situations 6-15
6.14 Supplementary Performance Standards 6-15
6.14.1 Electrical Disturbance or Interference 6-15
6.14.2 Noise 6-16
6.14.3 Reserved 6-17
6.14.4 Reserved 6-17
6.14.5 Reserved 6-17
6.14.6 Reserved 6-17
6.14.7 Vibration 6-17
6.14.8 Reserved 6-18-a
6.14.9 Air Pollution 6-18-a
6.14.10 Disposal of Liquid Wastes 6-18-a
6.15 Interim Development Standards 6-18-b
6.15.1 Form and Content -Interim Development Standards 6-18-b
6.15.2 Interim Development Standards Approved 6-18-b
6.16 Additional Requirements for Certain Permitted Uses 6-19
6.16.1 Unit Ownership (Condominium) Development 6-19
6.16.2 Churches 6-19
6.16.3 Nightclubs, Bars, and Pubs 6-19
6.16.4 Day Care, Day Nurseries and Private Kindergartens
in Commercial and Industrial Districts 6-19
6.16.5 Commercial Feeder Operation 6-19
6.16.6 Regulations Concerning Home Occupations, as an Accessory Use 6-20
6.16.6.1 Home Occupations in all Residential Districts
Except RB, AR and R-1 6-20
6.16.6.2 Home Occupations in the RB, AR and R-1 Districts 6-21
6.16.6.3 Home Occupations in the RB, AR-R1 Districts
(Minimum 200,000 Square Foot Lots) 6-22
6.16.6.4 Home Occupation Permit -Application Procedure 6-23
6.16.7 Storage of Junked or Wrecked Motor Vehicles 6-24
6.16.8 Temporary Yard Sale 6-24
6.16.9 Temporary Fund Raising Activity 6-24
6.16.10 Recreational Facilities (Profit/Non Profit) 6-24
6.16.11 Recreational Facilities (Profit) 6-24
6.16.12- Telephone Exchanges (without business offices),,
Subscriber Loop Huts, Pressure Regulator Stations,
Water and Sanitary Sewer Pumping Stations 6-24-a
6.16.13 Massage Business as Permitted Use in CC-III and
GC-4 Districts 6-25
6.16.14 Electrical Substations, Switching and Metering Stations, .
and Associated Transmission Lines., Where Incoming
Voltage does not exceed 100 Kilovolts 6-25
6.16.15 Solid Waste Collection 6-25-a
6.16.16 Borrow Pits for Federal and State Highway Projects 6-25-b
6.16.17 Special Events 6-25-b
6.16.18 Garden Center 6-25-c
6.17 Traffic Impact Study Required 6-25-d
6.18 Telecommunications Towers and Equipment 6-25-d
6.18.1 Administrative Approval. of Stealth Telecommunications Towers and
Telecommunication Equipment 6-25-f
6.18.2 Telecommunications towers and equipment as principal or accessory
uses 6-25-g
6.18.3 Antennas not located on telecommunications towers 6-25-g
6.18.4 Minimum Standards for Telecommunications towers 6-25 j
6.18.5 Master Telecommunications Plan ("Plan") 6-25-n
6.19 Federal Wetlands Permits 6-25-0
6.20 Large Ground Absorption Systems (3,000 gals. per day) and
Package Sewage Treatment Plats Prohibited in AR Districts
and Rural Buffer Districts 6-25-0
6.21 Mobile Home Standards 6-25-0
6.21.1 Existing or New Mobile Home Parks 6-25-p
6.21.2 Mobile Homes in Individual Lots 6-25-p
6.21.3 Exceptions 6-25-q
6.22 Bonus Intensities for Lower Income Housing 6-25-q
6.22.1 Intent 6-25-q
6.22.2 Applicability 6-25-q
6.23 Extra Requirements for Watershed Protection Overlay Districts 6-26
6.23.1 Land Use Restrictions 6-26
6.23.2 Residential Density 6-27
6.23.3 Stormwater Infiltration and Detention 6-28
6.23.4 .Operation and Maintenance of Structural BMPs (Detention Ponds) 6-35
6.23.5 Placement of Streets, Driveways and Buildings 6-39
6.23.6 Undisturbed Area 6-39
6.23.7 Stream Buffers 6-40
6.23.8 Water Supply/Sewage Disposal Facilities 6-43
6.23.9 Clustering 6-44
6.23.10 Applicability 6-44
6.23.11 Administration 6-46
6.24 Additional Requirements for Lots Outside of Watershed Protection
Areas 6-46
6.25 Reserved 6-47
6.26 Extra Requirements for the Major Transportation Corridor
(MTC) District 6-47
6.26.1 Permitted Uses 6-47
6.26.3 Approval Requirements 6-47
6.26.4 Site Plan Requirements 6-47
6.26.5 Landscaping and ~ Buffers 6-48
6.26.6 Yard Requirements 6-49
6.26.7 Off-Street Parking 6-49
6.26.8 Sign Regulations 6-49
6.27 .Large Day Care Homes 6-49
6.27.1 .Site Plan Requirements 6-49
6.27.2 Standards for Evaluation 6-50
6.27.3 Large Day Care Home -Application Procedure 6-50
6.28 Affordable Housing 6-51
6.28.1 Density Increase Permitted 6-51
6.28.2 Applicability 6-52
6.28.3 Contract for sale of Single-Family Residences 6-52
6.28.4 Contract for Rental of Duplex or Multi-Family Units 6-53
6.28.5 Disclosure of Contract Terms to Potential Home-Buyers 6-54
6.28.6 Conveyance of Property fo Orange County 6-54
6.29 Development Standards for Economic Development (ED) Districts 6-55
6.29.1 Purpose 6-55
6.29.2 Design Review Process 6-55
6.29.3 Design Standards 6-56
6.29.4 Additional Requirement for Certain Subdivisions 6-56
6.30 Extra Requirements for the Stoney Creek Basin Overlay District 6-57
6.31 Outdoor Lighting Standards 6-60
6.31.1 Purpose and Intent 6-60
6.31.2 Definitions 6-60
6.31.3 Applicability 6-61
6.31.4. .Exemptions 6-61
6.31.5 Submittal Requirements 6-62
6.31.6 General Standards For All Areas 6-63
6.31.7 Lighting in Parking Lots and Outdoor Areas 6-64
x.31.8 Lighting for Vehicular Canopies 6-64
6.31.9 Outdoor Sports Field/Outdoor Performance Area 6-65
6.31.10 .Lighting of Outdoor Display Areas 6-65
6.31.11 Lighting of Buildings and Landscaping 6-65
6.31.12 Prohibitions 6-65
VII PLANNED DEVELOPMENT DISTRICTS 7-1
7.1 Planned Development Districts, Generally ~ 7-1
7.2 Planned Development Defined 7-1-a
7.2.1 Establishment of the Planned Development Districts 7-1-b
7.2.2 Property Owner Must Apply for Planned Development District 7-2
7.2.3 Allowed Uses Must Be Shown On The Plan 7-2
7.2.4 Imposed Conditions 7-2
7.2.5 Special Use Required for Each Planned Development 7-2
7.2.6 Standards for Evaluation 7-2-a
7.2.7 Changes in Conditions or Use for Planned Development Permit 7-2-a
7.2.8 Time Limit on Start of Construction of Planned Development 7-2-a
7.3 Relation of PD Regulations to General Zoning, Subdivision
or other Regulations; Modifications on Equal Satisfaction of
Public Purposes 7-2-a
7.4 PD Districts-Where and How Permitted 7-3
7.4.1 Relation to Major Transportation Facilities 7-3
7.4.2 Relation to Public Utilities, Facilities and Services 7-3
7.4.3 Physical Character of the Site; Relation to Surrounding Property 7-4
7.4.4 Reduction or Increase in Minimum Gross Land Area Generally
Required 7-5
7.4.5 Additions to PD Districts not Subject to Minimum Area Requirements 7-5
7.5 Procedures on PD Amendments 7-5
7.5.1 Applications: Materials to be Submitted 7-5
7.5.2 Preliminary Review of Application as Submitted 7-6
7.5.3 Preliminary Conferences with Applicant 7-7
7.5.4 Zoning Officer's Recommendation 7-7
7.5.5 Actions by Planning Board; Board of County Commissioners 7-8
7.5.6 Development to be in Accord with Approved Concept Plan
and Related Regulations 7-8
7.6 Zoning Administrator's Action on Approval of Final Plans 7-9
7.7 Approval of Detailed Plan, Etc. is an Administrative Action 7-9
7.8 Changes in Approved Final Plans 7-9
7.9 Expiration of Time Limits on PD Amendments 7-10
7.10 Restrictions on Permitted Uses 7-10
7.11 Reserved 7-10
7.12 Reserved 7-10
7.13 Reserved 7-10
7.14 Planned Development Housing (PD-H) Districts 7-10
7.14.1 PD-H Districts: Where Permitted; Intent Concerning Timing 7-10
7.14.2 Permitted Principal and Accessory Uses and Structures 7-11
7.14.3 Site Planning 7-14
7.15 Planned Development Commercial (PD-C) Districts 7-17
7.15.1 PD-C; Where Permitted: Intent 7-17
7.15.2 Reserved 7-19
7.15.3 Reserved 7-19
7.15.4 Permitted Principal and Accessory Uses and Structures 7-19
7.15.5 Height Limitation 7-20
7.15.6 .Pedestrian and Landscaped Common Area Requirements 7-20
7.15.7 Off-Street Parking: Loading Requirements. 7-20
7.15.8 Underground Electrical and Telephone Utilities 7-20
7.15.9 Sign Limitations 7-20
7.15.10 Site Planning 7-20
7.16 PD-01: Planned Development-Office and Institutional Districts 7-22
7.16.1 PD-01 Districts: Defined, Intent, Where Permitted 7-22
7.16.2 Permitted Principal Uses and Structures 7-23
7.16.3 Height Limitations 7-23
7.16.4 Permitted Intensity of Development 7-23
7.16.5 Setbacks Required Adjacent to Residential Districts 7-24
7.16.6 Site Planning 7-24
7.16.7 Sign Limitations 7-25
7.17 Planned Development -Industrial Districts 7-26
7.17.1 PD-1 Districts: Defined, Intent, Where Permitted 7-26
7.18 PD-MU: Planned Development -Mixed Use Districts 7-28
7.18.1 ~ PD-MU Districts: Defined, Intent, Where Permitted 7-28
7.19 PD-PWI: Planned Development -Protected Watershed
Industrial Districts 7-34
7.19.1 PD-PWI District: Defined, Intent, Where Permitted 7-34
7.20 PD-MHP Planned Development -Mobile Home Park District 7-38
7.20.1 PD-MHP District: Defined, Intent, Where Permitted 7-38
7.20.2 Minimum and Maximum Area Required for
Establishment of District 7-38
7.20.3 Permitted Principal Uses and Structures 7-39
7.20.4 Development Requirements for Mobile Home Parks 7-39
7.20.4a) Mobile Home Space Requirements 7-39
7.20.4b) Mobile Home Stand Requirements 7-40
7.20.4c) Separation Requirements 7-40
7.20.4d) Installation of Individual Mobile Homes 7-41
7.20.4e) Vehicular Access ~ 7-41
7.20.4f) Identification Signs/Street Numbering 7-43
7.20.4g) Grounds and Buildings 7-44
7.20.4h) Erosion and Stormwater Control Requirements 7-45
7.20.41) Recreation Areas and Facilities 7-45
7.20.4j) Landscaping and Screening 7-45
7.20.4k) Utilities 7-46
7.21 PD-ED Planned Development-Economic Development District 7-48
7.21.1 PD-ED District: Definition and Intent 7-48
VIII SPECIAL USES 8-1
8.1 Intent 8-1
8.3 Establishment of Classes of Special Uses; Authority to
Approve or Disapprove 8-3
8.4 Procedure for Submission and Consideration of
Applications for Approval of Special Uses 8-3
8.4.1 Pre-Application Conference 8-3
8.4.2 Application Submitted to Zoning Officer 8-4
8.4.3 Zoning Officer Prepares Analysis and Recommendations 8-4
8.4.4 Recommendation Submitted to Planning Board or
Board of Adjustment 8-5
8.4.5 Public Hearing Required, Notice Specified 8-5
8.4.6 Planning Board Action on Class A Special Use 8-5
8.4.7 Action on the Application 8-6
8.4.8 Imposed Conditions 8-6
8.4.9 Withdrawal. of Application 8-6
8.4.10 Effect of Denial on Subsequent Petitions 8-6
8.4.11 Time Limits on Special Uses 8-7
8.5 Action Subsequent to the Board Action 8-7
8.6 Contents of Application for Approval of a Special Use 8-7
8.7 Minor Changes to be Approved by Zoning Officer;
Modifications Require Action by Approving Board 8-8
8.7.1 Criteria to be Used in Determination 8-8
8.7.2. Review of Record Required 8-8-a
8.7.3 Action Required on Proposed Minor Changes or Modifications 8-8-a
8.8 Regulations Governing Individual Special Uses 8-9
8.8.1 Extraction of Earth Products (Class A Special Use) 8-9
8.8.1.1 Additionallnformation 8-9
8.8.1.2. Standards of Evaluation 8-9-b
8.8.2 Landfills (Class A or Class B Special Use) 8-10-b
8.8.2.1 Additionallnformation 8-10-b
8.8.2.2 Standards of Evaluation 8-11
8.8.3 Public Utility Stations and Substations, Water Treatment, Sewage
Treatment Plant, Switching Stations, Telephone Exchanges
(Class A Special Use) 8-12
8.8.3.1 Additionallnformation 8-12
8.8.3.2 Standards of Evaluation 8-13
8.8.4 Group Care Facility (Class B Special Use) 8-13
8.8.4.1 Additionallnformation 8-13
8.8.4.2 Standards of Evaluation 8-13
8.8.5 Camp/Retreat Center (Class B Special Use) 8-14
8.8.6 Golf Driving and Practice Ranges (Class B Special Use) 8-15
8.8.6.1 Additionallnformation 8-15
8.8.6.2 Standards of Evaluation 8-15
8.8.7 Reserved $-16
8.8.8 General Aviation Airports, STOL and Heliports
(Class A Special Use) 8-16
8.8.8.1 Additionallnformation 8-16
8.8.8.2 Standards of Evaluation 8-16
8.8.9 Reserved 8-17
8.8.10 Junkyards (Class A Special Use) 8-17
8.8.10.1 Additionallnformation 8-17
8.8.10.2 Standards of Evaluation 8-1~7
8.8.11 Kennels or Riding Stables/Academies
(Class B Class II Special Use) 8-17
8.8.11.1 Additionallnformation 8-17
8.8.11.2 Standards of Evaluation 8-18
8.8.11.3 Other Requirements 8-18
8.8.12 Temporary Use of a Residential Mobile Home
(Class B -Special Use) 8-18-a
8.8.12.1 Additionallnformation 8-18-a
8.8.12.2 Standards of Evaluation 8-18-a
8.8.13 Community Center (Class B Special Use) 8-18-b
8.8.13.1 Additionallnformation 8-18-b
8.8.13.2 Standards of Evaluation 8-18-b
8.8.14 Reserved 8-18-b
8.8.15 Commercial Cemeteries (Class B Special Use) 8-18-b
8.8-.15.1 Additionallnformation 8-18-c
8.8.15.2 Standards of Evaluation 8-18-c
8.8.16 Day Care Facility 8-18-p
8.8.16.1 Additionallnformation 8-18-p
8.8.16.2 Standards of Evaluation 8-18-p
8.8.17 Radio and Television Transmitting and Receiving Towers,
and Elevated Water Storage Tanks (Class B Special Use) 8-19
8.8.17.1 Additionallnformation 8-19
8.8.17.2 Standards of Evaluation 8-19
8.8.18 Buildings for Temporary Use (Class B Special Use) 8-24-c
8.8.18.1 Additionallnformation 8-24-c
8.8.18.2 Standards of Evaluation 8-24-c
8.8.19 Electric, Gas and Liquid Fuel Transmission Lines
(Class B Special Use) 8-24-d
8.8.19.1 Additionallnformation 8-24-d
8.8.19.2 Standards of Evaluation 8-24-d
8.8.20 Residential Hotel, Dormitory, Fraternity, Sorority,
Religious Quarters (Class A Special Use) 8-24-d
8.8.20.1 Additionallnformation 8-24-d
8.8.20.2 Standards of Evaluation 8-25
8.8.21 Recreational Facilities (Class B Special Use) 8-25
8.8.21.1 Additionallnformation 8-25
8.8.21.2 Standards of Evaluation 8-26
8.8.22 Waste Management Facility, Hazardous and Toxic
(Class A Special Use) 8-26
8.8.22.1 Additionallnformation 8-26
8.8.22.2 Standards of Evaluation 8-27
8.8.23 Planned Developments 8-27
8.8.23.1 Additionallnformation 8-27
8.8.23.2 Standards of Evaluation 8-27
8.8.24 Historic Structures-Non-Residential Reuse/Mixed Use
(Class A Special Use) 8-27
8.8.24.1 Additionallnformation 8-27
8.8.24.2 Standards of Evaluation 8-28
8.8.25 Non-Profit Educational Cooperative 8-29
8.8.25.1 Additionallnformation 8-29
8.8.25.2 Standards of Evaluation 8-30
8.8.2E Modification of Impervious Surface Limitations 8-30-a
8.8.26.1 Additionallnformation 8-30-a
8.8.26.2 Standards of Evaluation 8-30-b
8.8.27 Site Specific Development Plans 8-31
8.8.27.1 Additionallnformation 8-31
8.8.27.2 Standards of Evaluation 8-31
8.8.28 Rural Guest Establishments 8-32
Bed & Breakfast (Zoning Permit) 8-32
Bed & Breakfast Inn (Class B Special Use Permit) 8-32
Country Inn (Class A Special Use Permit) 8-32
8.8.28.1 Intent 8-32
8.8.28.2 Additionallnformation 8-32
8.8.28.3 Standards of Evaluation 8-34
8.8.28.4 Other Requirements 8-36
8.8.29 Major Subdivision Class A Special Use
(Rural Designated or Urban Designated) 8-39
8.8.29.1 a Additional Information (to be submitted for all applications) 8-39
8.8.29.1 b Additional Information (for all applications of over 40 lots) 8-40
8.8.29.2 Standards of Evaluation 8-42
8..8.30 Schools: Elementary, Middle and Secondary (Class A Special Use) 8-46
IX SIGNS 9-1
9.1 Intent 9-1
9.2 Traffic Safety Precautions 9-1
9.3 Prohibited Locations for Signs 9-2
9.4 Restrictions on Illumination, etc. 9-2
9.5 Signs Subject to Control 9-2
9.6 Signs-Not Subject to Permit Requirements 9-2
9.7 Zoning Compliance Permit Required 9-4
9.8 Reserved 9-4
9.9 Determining the Number of Signs 9-4
9:10 Computation of Sign Area 9-4
9.11 Permitted Signs: Size, Number, Height and Location of 9-5
9.12 Miscellaneous Requirements 9-5
9.13 Sign Survey Required and Compliance Deadlines Set 9-7
X OFF-STREET PARKING AND LOADING 10-1
10.1 Off-Street Parking and Loading Required 10-1
10.2 Reserved 10-1
10.3 Off-Street Parking Design Standards 10-1
10.4 Off-Street Parking Requirements 10-3
10.5 Determination for Unlisted Uses and Fractional Results 10-11
10.6 Joint Parking Facilities 10-11
10.7 Satellite Parking 10-11
10.8 Handicapped Parking Facilities 10-12
10.9 Off-Street Loading Space Requirements 10-12
10.10 Off-Street Loading Space in Addition to Off-Street Parking Space 10-12
10.11 Off-Street Loading Space Defined 10-12
10.12 Access to Off-Street Loading Spaces 10-13
10.13 Minimum Off-Street Loading Space Requirements 10-13
XI NON-CONFORMITIES 11-1
11.1 Classification of Non-Conformities 11-1
11.2 Intent Concerning Non-conformities Generally 11-1
11.3 Intent Concerning Completion of Non-Conforming Projects 11-1
11.4 Intent Concerning Non-Conforming Uses:
Specifically Declared to be Incompatible with Permitted Uses 11-3
11.5 Intent Concerning Non-Conforming Signs 11-3
11.6 Special Permit Uses not to be Considered Non-Conforming 11-3
11.7 Non-Conforming Lots ~ 11-4
11.7.1 Use of Single Non-Conforming Lots for One-Family Detached Dwellings 11-4
11.8 Non-Conforming Uses of Land Without Structures or with
Minor Structures 11-4
11.9 Non-Conforming Uses of Major Structures, or Structures
and Premises in Combination 11-5
11.10 Non-Conforming Structures, Other than Signs 11-5
11.11 Reserved 11-6
11.12 Non-Conforming Characteristics of Use 11-6
11.13 Repairs and Maintenance 11-7
11.14 Non-Conforming Structures Unsafe for Reasons other than
Lack of Maintenance 11-7
XII LANDSCAPING AND BUFFER REQUIREMENTS ~ 12-1
12.1 Intent 12-1
12.2 General. Requirements 12-1
12.3 Plan- Review and Approval 12-2
12.4 Landscaping Standards 12-3
12.5 Land Use Buffer Requirements 12-4-b
12.6 Standards for Required Land Use Buffers 12-4-b
12.7 Requirements for Special Use Permits 12-6-a
12.8 Waiver of Land Use Buffer Requirements • 12-7
12.9 Installation and Maintenance 12-7
XIII TRAFFIC IMPACT STUDY 13-1
13.1 Purpose 13-1
13.2 Conduct 13-1
13.3 Applicability 13-1
13.4 General Requirements and Standards 13-2
13.5 Submission and Implementation 13-5
XIV SITE PLAN APPROVAL PROCEDURES 14-1
14.1 Intent 14-1
14.2 Application Requirements 14-1
14.2.1 Professional Design and Certification 14-1
14.2.2 Submittal Requirements 14-2
14.2.3 Specification for Plan Preparation 14-3
14.3 Site Plan Review 14-4
14.4 Appeal Procedures 14-6
14.5 Improvements 14-6
XV RESERVED
XVI RESERVED
XVII RESERVED
XVIII RESERVED
XIX RESERVED
XX AMENDMENTS 20-1
20.1 Statement of Intent 20-1
20.2 Amendment Initiation 20-1
20.3 Procedure for Submission and Consideration of Applications
for Amendment 20-1
20.3.1 Application Submitted to Zoning Officer 20-1
20.3.2 Contents of Application 20-1
20.3.3 Zoning Officer Prepares Analysis and Recommendation 20-2
20.3.4 Applications for Amendments-Joint Planning Area 20-2
20.4 Referral of Amendment Application to Planning Board 20-3
20.5 Board of County Commissioners and the Planning Board
Shall Hold A Public Hearing 20-3
20.6 Public Hearing and Notice Thereof 20-3
20.7 Action Subsequent to the Date of Public Hearing 20-4
2D.8 Withdrawal of Application 20-4
20.9 Effect of Denial on Subsequent Petitions 20-5
20.10 .Fees 20-5
20.11 Comprehensive Review of Chapter 20-5
XXI ADMINISTRATION 21-1
21.1 Establishment of Position of Zoning Officer 21-1
21.2 Duties of the Zoning Officer 21-1
21.3 Powers and Limitations of Zoning Officer 21-1
21.4 Zoning Compliance Permit Required 21-2
21.5 Certificates of Occupancy 21-2
21.6 Health Department Approval Prior to Issuance of
Certificate of Occupancy 21-2
21.7 Fees 21-3
21.8 Administrative Regulations 21-3
21.9 Reserved 21-3
21.10 Reserved 21-3
21.11 Reserved 21-3
21.12 Administration and Enforcement of Performance Standards 21-3
21..12.1 Intent Concerning Determinations Involved in Administration
and Enforcement of Performance Standards 21-3
21.12.2. Procedure where Zoning Officer can Make Determination 21-4
21.12.3 Procedure Where Zoning Officer Cannot Make Final Determination 21-4
XXII DEFINITIONS 22-1
XXIII ENFORCEMENT 23-1
23.1 Purpose and Intent 23-1
23.1.1 Violations; Violators 23-1
23.1.2 Violation 23-1
23.1.3 Violators 23-1
23.1.4 Responsibility 23-2
23.2 Enforcement Procedures 23-2
23.2.1 Inspections and Investigations 23-2
23.2.2 Initial Notice of Violation 23-2
23.2.3 Final Notice of Violation; Correction Order 23-2
23.2.4 .Appeal to Board of Adjustment 23-3
23.2.5 Failure to Comply with Notice or Board of Adjustment Decision 23-3
23.2.6 Extension of Time Limit to Correct Violation 23-3
23.2.7 Enforcement Action After Time Limit to Correct Violation 23-4
23.2.8- Emergency Enforcement Without Notice 23-4
23.3 Remedies; Penalties; Enforcement Action 23-4
23.3.1 General 23-4
23.4 Civil Penalty 23-6
23.4.1 General 23-6
23.4.2 Notice 23-6
23.4.3 Amount 23-6
23.4.4 Settlement of Claims 23-6
23.4.5 Continuing Violations 23-7
XXIV .LEGAL STATUS PROVISIONS AND EFFECTIVE DATE 24-1
24.1 Severability 24-1
24.2 Conflict with Other Laws 24-1
24.3 Repeal of Existing Zoning Regulations 24-1
24.4 Effective Date 24-2
Amendments:
(1) 4-1-85
(2) 1-5-97
(3) 3-1-94
(4) 10-21-97
(5) 11-5-03
P1 Airports, General Aviation, Heliports,
S.T.O.L.
P2 Botanical Gardens & Arboretums
P3 Buildings, Portable
P4 Bus Passenger Shelter
P5 Bus Terminals & Garages
P6. Cemetery
P7 Church
P8 Community Center
~A
_,
P9 Extraction of Earth Products (1)
W
P10 Governmental Protective Services
(Police & Fire Stations) Rescue
S uads, Volunteer Fire De artments
P11 Land Fills (2 Acres or More)
P12 Land Fills (Less Than 2 Acres)
P13 Military Installations (National Guard &
Reserve Armo
P14 Parks, Public &Non-Profit
P15 Parking As Principle Use, Surface or
Structure
P16 Public Utility Stations &Sub-Stations,
Switching Stations, Telephone
Exchanges, Water & Sewage
Treatment Plants
4.3 PERMITTED USE TABLE
* =PERMITTED USE
A = CLASS A SPECIAL USE (ARTICLE B)
B = CLASS B SPECIAL USE (ARTICLE 8)
RB AR R7 R2 R3 R4 R5 Re R13 LC1 NC2 CC3 GC4 EC5 OI EI 11 12 13 AS ED PID
A A A A A A
B B B B B B B B B B B B B B
* * * * * * ,~ * * * * ,r
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(5) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows:
"Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined in Article 22.
"Major Subdivision of 21-79 Lots, Class A Special Use, Urban Designated" as defined in Article 22.
"Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22.
"Major Subdivision of 60+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22.
4.3 PERMITTED USE TABLE
* =PERMITTED USE
A = CLASS A SPECIAL USE (ARTICLE 8)
B = CLASS B SPECIAL USE (ARTICLE 8)
P17 ~ Elevated Water Storage Tanks
Telecommunication Towers (150 feet
P17A in height or shorter)
Telecommunication Towers (greater
P17C than 150 in height
Telecommunication Tower- Stealth
P17D (75 feet or shorter)
Research Lands & Installations, Non-
P18 profit
Schools: Elementary, Middle &
P19 Secondary (7)
P20 Schools: Vocational
P21 I Schools: Dance, Art & Music
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~ P21A Non-Profit EduceBonal Cooperative (1)
P22 ~ Transmission Lines
P23 Universities, Colleges & Institutes
P26 Camp/Retreat Center (3)
P24 Governmental Facilities & Office
Buildings
P25 Water & Sanitary Sewer Pumping
Amendments: (1) 7-1-85
(2) 1-5-87
(3) 2-19-91
(4) 3-1-94
(5) 12-10-02
(8) 11-5-03
(7) 2-3-04
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(5) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows:
"Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined in Article 22.
"Major Subdivision of 21-79 Lots, Class A Special Use, Urban Designated" as defined in Article 22.
"Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22.
"Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22.
*6.17 Traffic Impact Study Required
*Amended
2/1/88 Preparation and submission of a traffic impact study as required by Article 13 is
required prior to issuance of any zoning compliance permit being issued in
conjunction with a building permit being issued for construction of improvements
shown on an approved site plan.
6.18 Telecommunications Towers and Equipment
Amended
12/10/02
2/3/04
The following words, terms and phrases, when used in this Section, shall have
the meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
Accessory Use - A use incidental to, subordinate to, and subservient to the
principal use of the property. As defined in this section an accessory use is a
secondary use.
Antenna - A transmitting and/or receiving device used for wireless services that
radiates or captures electromagnetic waves, including directional antennas, such
as panel and microwave dish antennas, and omni-directional antennas, such as
whips, excluding radar antennas, amateur radio antennas and satellite earth
stations.
Building Code -The most recently adopted or amended edition of the North
Carolina State Building Code.
Co-location -Locating telecommunication equipment for more than one provider
on one qualified shared facility at one site.
Commercial Impracticability or Commercially Impracticable -The inability to
perform an act on terms that are reasonable in .commerce; the cause or
occurrence of which could not have been reasonably anticipated or foreseen and
that jeopardizes the financial efficacy of the project.
The inability to achieve a particular financial return on investment or profit,
standing alone, shall not deem a situation to be commercially impracticable.
EIA-222 -Electronics Industries Association Standard 222. (Structural Standards
for Steel Antenna Towers and. Antenna Support Structures).
Existing Structure/Building -For purposes of this Section, any building or
structure that are currently existing on a parcel of land. Such structures may
include, but shall not be limited to, telecommunications towers, overhead
transmission line support structures, water tanks1 silos, churches, schools, and
utility poles.
Extraordinary Conditions -Conditions subsequent to a hurricane, flood, tornado,
or other natural or other disaster.
FAA -The Federal Aviation Administration.
FCC -The Federal Communications Commission.
6-25-d
Fall Zone -The circular area measured from the base of the tower outward in a
circular pattern (radius) for a distance of 110% of the proposed or existing
tower's height including lightening rod. Telecommunications towers shall not be
located on property where the proposed tower's fall zone will encroach on a
residential, buildable, lot.
Guyed Tower - A telecommunication tower that is supported, in whole or in part,
by guy wires and ground anchors.
Inspections Division - A division of the Orange County Planning and Inspections
Department.
Master Telecommunications Plan ("Plan") - A plan developed for Orange County
by the County's Planning Department that shows properties where owners have
expressed interest in allowing the placement of telecommunications towers
provided that all applicable federal, state, and local regulations are met.
Information that may be shown on the plan will include existing towers, County
defined Natural Areas, historic properties, scenic corridors, all major electrical
lines, Voluntary Agricultural Districts, existing telecommunication towers, known
bird migratory patterns through the County and all. public and quasi-public
properties that may allow telecommunication facilities. The Plan will be for
purposes of disclosing information to telecommunication providers when they are
seeking to establish their telecommunication networks in the County.
Microwave dish antenna - A dish-like antenna used to link wireless service sites
together by wireless transmission of voice or data.
Monopole Tower - A telecommunication tower consisting of a single pole or spire
self supported by a permanent foundation, constructed without guy wires and
ground anchors.
Panel Antenna - An inconspicuous, relatively flat, square or rectangular antenna
designed to be affixed to the wall of a building or structure in order to receive and
transmit signals from a telecommunication device.
Qualified Shared Facility - A telecommunication tower or existing
structure/building that is appropriately designed for sharing antenna space, and
grants space on the tower in a fair, reasonable, and non-discriminatory manner.
Roofline -The overall ridgeline of the structure, not including cupolas, elevator
towers, clock towers or other similar features.
Search Area - An area or areas defined on a map or maps showing the
maximum extent of locations suitable for the installation of an individual
telecommunications provider's facilities (tower or antenna co-locations).
Self-Support/Lattice Tower - A tapered structure broad at the base and more
narrow at the top consisting of cross-members and diagonal bracing and without
guyed support.
6-25-e
Stealth or Stealth Technology -Technology or practice intended to minimize
adverse aesthetic and visual impacts on the land; property, buildings, and other
equipment adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications towers and equipment,
which shall mean using the least visually and physically intrusive tower and/or
equipment that is not technologically or commercially impracticable under the
facts and circumstances.
Stealth Facility -Any stealth telecommunication tower or equipment, which is
designed using stealth technology to blend into the surrounding environment.
Examples of stealth facilities include architecturally screened roof-mounted
antennas, antennas .integrated into architectural elements, and
telecommunication and/or personal wireless services towers designed to look like
light poles, power poles or trees.
Telecommunication Equipment -Equipment, which is located either upon a
telecommunication tower or a structure and includes some form of antenna far
the purpose of transmitting and receiving wireless services.
Telecommunications Tower - A guyed, monopole or self-support/lattice tower,
constructed as afree-standing structure containing one (1) or more antennas,
used in the provision of wireless services excluding -radar towers, amateur radio
support structures licensed by the FCC, private home use of satellite dishes and
television receiving antennas and satellite earth stations installed in accordance
with applicable codes.
Telecommunications Tower, Stealth - A telecommunication tower designed
using stealth technology such that its primary purpose is, or visually appears to
be, something other than the support of telecommunications equipment, the
apparent purpose of the tower is customarily considered as accessory to a use
that is allowed in the zoning district, and the structure and its primary use comply
with the Orange County Zoning Ordinance.
Unforeseen Events -Condemnations of existing telecommunications towers for
road projects, casualty of existing telecommunications towers, blocking of signals
from new construction necessitating a relocation of a telecommunication tower,
or the need to replace an existing telecommunication tower for capacity issues,
or for other reasons deemed necessary by the County Planning Director or
his/her designee.
Whip Antenna - A cylindrical antenna that transmits and/or receives signals in
three hundred sixty (360) degrees.
6.18.1 Administrative Approval of Stealth Telecommunications towers and
Telecommunication Equipment
New stealth telecommunications towers up to 75 feet in height that are
sufficiently disguised so as to minimize visual impact, may be approved
administratively by the Planning Staff provided that all of the provisions contained
in Article 8.8.17a are met.
The placement of telecommunication equipment on existing structures may be
approved administratively as provided for in this ordinance.
6-25-f
6.18.2 Telecommunications towers and equipment as principal or accessory uses
a) Telecommunications towers shall be permitted as a principal or accessory
use in ail districts in accordance with the provisions of this Ordinance~as
follows:
1) On property owned by the County or any public entity except
those designated as historic properties or sites. The County may,
in its sole discretion as the owner of the property, authorize the
application and use of County property after the applicant
executes a lease agreement acceptable to the County.
2) Telecommunications towers as part of existing utility poles shall
be permitted as an accessory use. Towers shall be constructed
as part of the existing. utility poles or as replacements for the
existing utility poles. No freestanding towers constructed
exclusively for personal wireless services shall be permitted within
utility easements.
3) The placement of a new telecommunications tower in any zoning
district must be approved as a Special Use, except as permitted in
the Master Telecommunications Plan ("Plan").
b} Existing Telecommunications Towers.
1) Telecommunications equipment as accessory uses may be placed
on existing towers in accordance with the provisions of this
Ordinance.
2) Notwithstanding the above provisions of Section 6.18,
telecommunications towers in existence as of December 10, 2002,
may be replaced with a tower of equal or less visual impact after
approval by the County Planning Director or his/her designee.
However, if the proposed new tower would not be consistent with
the minimum standards under Section-6.18, replacement must be
approved as provided for in this Ordinance.
6.18.3 Antennas not located on telecommunications towers
a) Antenna types. To minimize adverse visual impacts, stealth antenna
types shall be preferred. If anon-stealth antenna is proposed, the
application shall be required to demonstrate, in a technical manner
acceptable to the Planning Director or his/her designee, why the stealth
antenna (i.e. an antenna incorporated into the architecture of the building
or fully screened from view from sight proximate to the antenna) cannot
be used for the particular application. This does not preclude a
combination of the various types of antennas.
1) Antenna dimensions. Antenna dimensions shall be subject. to
approval. by the Planning Director or his/her designee. A
statement shall be submitted, prepared by a professional engineer
competent to evaluate antenna choices, to certify the technical
need for the required dimensions.
6-25-g
b) Aircraft hazard. Prior to the issuance of a Building Permit by the
Inspections Division, the application shall provide evidence that the
telecommunication tower or antennas are in compliance with FAA
regulations. Where an antenna will not exceed the highest point of the
existing structure upon which it is to be mounted, such evidence shall not
be required.
c) Stealth rooftop or building mounted antennas not exceeding twenty (20)
feet above roofline of the building or support structure shall be permitted
in all zoning districts subject to the provisions of Section 6.18.3 d) 1-5
' stated below.
d) .Building or rooftop stealth antennas shall be subject to the following
minimum standards:
1) No commercial advertising shall be allowed on an antenna;
2) No signals, lights, or illumination shall be permitted on an antenna,
unless required by the FCC or the FAA;
3) Any related unmanned equipment building shall not contain more
than six hundred (600) square feet of gross floor area per user or
be more than twelve (12) feet in height; .
4) If the equipment building is located on the roof of the
building, the area of the equipment building shall. not occupy more.
than twenty-five (25) percent of the roof area, and shall comply
with all State of North Carolina Building Code requirements for the
proposed and existing building; and
5) Approval of the Planning Director or his/her designee to ensure
consistency with the definition of stealth facility is required. Each
application shall. contain a rendering or photograph of the antenna
including, but not limited to, colors and screening devices.
e) Non-stealth rooftop or building mounted antennas shall only be permitted
not exceeding twenty (20) feet above the roofline of the subject building
or support structure and subject to the procedure and requirements
provided elsewhere in this Section. Building rooftop non-stealth
antennas shall be subject to the following minimum standards:
1) Antennas shall only be permitted on buildings or structures that
are at least fifty- (50) feet tall. Antennas may be placed on
buildings less than fifty- (50) feet tall if public safety needs warrant
the antenna;
2) Antennas, and related equipment buildings, shall be located or
screened to minimize the visual impact of the antenna upon
adjacent properties and shall be of a material or color which
matches the exterior of the building or structure upon which it is
situated;
3) No commercial advertising shall be allowed on an antenna;
6-25-h
4) No signals, lights, or illumination shall be permitted on an antenna,
unless required by the FCC or the FAA;
5) Any related unmanned equipment building shall not contain more
than six hundred (600) square feet of gross floor area per user or
be more than twelve (12) feet in height;
6) If the equipment building is located on the roof of the building, the
area of the equipment building shall not occupy more than twenty-
five (25) percent of the roof area, and shall comply with all State of
North Carolina Building Code requirements for the proposed and
existing building;
7) Antennas may be located on poles owned or controlled by the
County or by a utility provider pursuant to the following
regulations:
a) The maximum height of the pole with antenna shall not
exceed seventy- (70) feet in height; and
b) The utility poles shall be located on public property, within
public easements, or public rights-of--way.
c) The antenna shall be of a size and placement that is
structurally compatible with~the engineering design of the
pole pursuant to the North Carolina State Building Code
and attested to by a professional engineer licensed in the
State of North Carolina, and competent to evaluate
antenna choices.
d) The antenna shall not extend more than ten- (10) feet
above the existing pole height. If the pole is replaced to
withstand the addition of telecommunications equipment,
then the same restriction shall apply except that the utility
pole may be twenty- (20) feet higher than the adjacent pole
heights.
e) Placement of an antenna on a utility pole shall only be on
poles owned or operated by a public utility authorized to
operate in the County, a County franchisee, or Orange
County.
f) All relocation costs associated with any relocation of the
antenna necessitated by roadway or sidewalk
improvements shall be borne by the telecommunications
provider.
f) Fees.
1) A filing fee as set by the Orange County Board of Commissioners
-shall be paid upon application for a Building Permit, Site Plan
.approval, or Special Use Permit. In addition, an inspection fee is
due the County at the time of future inspections.
6-25-i
2) An engineering permit fee shall be paid if a pole is replaced to
accommodate telecommunications equipment.
3) Public land or right-of-way lease agreements will be established
by separate instrument.
6.18.4. Minimum Standards for Telecommunications Towers
All telecommunications towers must meet the following minimum standards:
a) Prior to the issuance of a Building/Electrical Permit by the Inspections
Division, a site development plan shall be presented for approval to the
Planning Division. Each application for a proposed telecommunications
tower shall include all requirements for site development plan approval as
required. Approval of the Planning Director orhis/her designee to verify
consistency with the definition of stealth facility is required. Each
application shall contain a rendering or photograph of the tower including,
but not limited to, colors and screening devices.
b) Ail telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures. A statement shall
be submitted by the applicant stating how the proposed tower will
minimize visual intrusiveness to surrounding properties in the area.
Criteria that may be used ,for such evidence may be height and type of
existing trees surrounding the proposed tower, and local topography.
c) A statement shall be submitted, prepared by a professional engineer
licensed in the State of North Carolina, which through rational engineering
analysis, certifies the tower's compliance with applicable standards as set
forth in the State of North Carolina Building Code, and any associated
regulations; and describes the tower's capacity, including an example of
the number and type of antennas it can accommodate.
d) Applicants shall provide at time of application submittal:
1) the existing cell sites (latitude, longitude, power levels) to which
this proposed site will be a handoff candidate;
2) propagation studies of the proposed site and all adjoining planned,
proposed, in-service or existing sites;
3) the search area utilized in finding the proposed site;
4) the make, model and manufacturer of the tower and antenna(s),
antenna heights and power levels of proposed site;
5) the frequency, modulation and class of service of radio or other
transmitting equipment;
6) the actual intended transmission and the maximum effective
radiated power of the antenna(s);
7) the direction(s) of maximum lobes and associated radiation of the
antenna(s);
s-2s-~
8) certification that the NIER levels at the proposed site are within
the threshold levels adopted by the FCC;
9) certification that the proposed antenna(s) will not cause
interference with other telecommunications devices;
10) a written affidavit stating why "the proposed site is necessary for
their communications service" (e.g., for coverage, capacity, hole-
filling, -etc.) and a statement that there are no existing alternative
sites within the provided search area and there are no alternative
technologies available which could provide the proposed
telecommunications service need without the tower.
a) County staff will utilize the services of a registered
professional engineer to confirm the accuracy and
reliability of the substantive portions of data provided in
tower applications. No tower shall be permitted to exceed
its designed loading capacity. For all towers attached to
existing structures, the statement shall include certification
that the structure can support the load superimposed from
the tower. All towers shall have the capacity to permit
multiple users; at a minimum monopole towers shall
accommodate two (Z) users and self-support/lattice or
guyed towers shall, at a minimum accommodate three (3)
users.
e) Standards of evaluation.
1) A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service need identified
pursuant to Subsection d. (10) of this Section.
2) Tower height shall be measured from the base of the tower to the
highest point of the proposed antenna(s), with .lightening rod, to be
located atop the tower structure.
3) Telecommunications towers shall conform with all of the
requirements of Sections 8.8.17a.1 a (a-g) and 8.8.17a.2 of the
Zoning Ordinance.
4) All towers shall be engineered to allow for co-locations. No co-
locatorshall be refused access for co-location by charging
exorbitant lease fees. Public safety co-locations shall take priority
over other co-locators.
5) A tower consultant steal! provide Staff assistance on exorbitant
rate leases.
f) Tower Inspection.
1) Telecommunication tower owners shall submit a report to the
County Inspections Division certifying structural and electrical
integrity upon completion of the initial construction and at intervals
as specified in this Section
6-25-k
2) Inspection records shall be kept by the tower owner and made
available upon request to the Inspections Division during regular
business hours.
a) The following inspection schedule shall be followed except
in cases where a tower has no structures other than those
associated with telecommunication tower use located
within the tower's fall zone. At least once every thirty-six
(36) months, or thirty-six (36) months from the date of a co-
location approval, a structural engineer who is regularly
involved in the maintenance, inspection and/or erection of
telecommunications towers shall inspect the tower and
submit a report to the Inspections Division within a
reasonable time thereafter. At a minimum, this inspection
shall be conducted in accordance with the provisions of
this Ordinance and in accordance with the tower
inspections check list provided in the EIA-222 (as
amended from time to time). This is considered a major
inspection review.
b) At least once every twelve (12) months, a visual inspection
from the ground shall be conducted by a properly trained
staff member of a tower provider or tower consultant and a
report shall be filed with the Inspections Division within a
reasonable time thereafter. This inspection shall include,
but shall not be limited to, visual inspection of tower
foundations, structures, guys, and connections for
evidence of settlement or later movement; soil erosion;
condition of paint or galvanizing; rust or corrosion, loose or
missing bolts, loose or corroded lightning protection
connectors; tower plumbness, significant variation in guy
sags (i.e. tensions), and other material areas or matters
relating to the structural integrity of the tower. This is
considered a minor inspection review.
c) In addition to the regularly scheduled major and minor
inspections set forth in paragraphs 1 }and 2) above, a
minor inspection, at a minimum, will be conducted if the
tower or its appurtenances are noted at any time to be
visibly damaged. Additionally, a major inspection shall be
conducted if the visible damage to the tower is significant
or when, after conducting a minor inspection, significant
questions remain about the structural integrity of the tower.
3) The Inspections Division may conduct. periodic inspections of
telecommunications towers to ensure electrica( integrity. The
owner of the telecommunication tower may be required by the
County to have more frequent inspections should there be reason
to believe that the electrical integrity of the tower is jeopardized.
The County reserves the right to require additional inspections if
there is evidence that the tower has a safety problem or is
exposed to extraordinary conditions.
6-25-I
4) Structurally Unsafe or Unused Towers. Any tower found, through
inspection by the owner or by inspection of the Inspections
Division, to be structurally unsafe and cannot be brought into
compliance within 180 days shall be removed at the owner's
expense.
5) Compliance with Standards. Current or former EIA standards
shall apply to the addition of antennas or other appurtenances to
communications towers under the following conditions:
a) Additions to towers constructed prior to the effective date
of this Ordinance, regardless of whether the additions are
accounted for in the original design, shall comply with the
current EIA standards, and the wind loading specified
therein. Additions to towers constructed subsequent to the
effective date of-this Ordinance shall comply with
standards- set forth elsewhere in this Section.
b) Existing towers that will not have any additional attached
appurtenances shall at a minimum comply with the EIA
standards in existence at the time the tower was erected.
c) Replacement of antennas or other appurtenances shall at
a minimum comply with the EIA standard in existence at
the time the tower was erected if the replacement does not
add to the original design loading.
d) If a structural analysis shows a tower is not in compliance
with the appropriate EIA standards, the owner shall submit
an application to the Inspections Division with a plan to
bring the tower into compliance within six (6) months.
e) Analysis of Existing Towers. Within twelve (12) months of
the effective date of this Ordinance an analysis by a North
Carolina t_icensed Professional Engineer (P.E. Analysis)
shall be performed on all towers in excess of 100 feet in
height and shall be submitted to the Inspections Division.
The analysis sha(I determine the tower's compliance or
lack thereof with the EIA standard in effect at the time the
tower was constructed and when the most recent structural
loading change was made. For all towers less than six (6)
years old, a current existing P.E. analysis of the tower may
be submitted in lieu of the new P. E. analysis required
above. If the Power does not meet the aforementioned EIA
standards, the letter or existing P.E. analysis shall include
the types of modifications that would be required to bring
the tower up to standard. A(I existing towers shall be
subject to the annual electrical inspection conducted by the
Inspections Division including any associated inspection
fees,
6-25-m
1) The Inspections Division shall be notified in writing
when a required analysis is complete. A copy of the
analysis report shall be made available to the
County Inspections Division upon request. That
report shall also give details of the net result of any
changes made to the tower or its appurtenances
since the last inspection.
6) Fees and charges.
a) A filing fee as set by the Orange County Board of
Commissioners shall be paid upon application for a
Building Permit, Site Plan approval or Special. Use Permit.
In addition, an inspection fee is due the County at the time
of future inspections.
b) Public land o~ right-of-way lease agreements shall be
established by separate instrument and recorded prior to
the issuance. of Building Permits.
c) Escrow Account. An escrow account of an amount
determined by the Board of County Commissioners shall
be paid by check to Orange County to pay associated
consultant review fees during the review process.. A
partial escrow payment of $1,000 shall be submitted at the
pre-application meeting to cover associated consulting
fees incurred prior to the formal submittal of a Special Use
Permit application. The escrow amount required at the
formal application submittal shall be reduced by the $1,000
partial payment amount. Any unused funds in the account
after either the approval of the Certificate of Occupancy
(CO), or the expiration of the Special Use Permit approval,
whichever is sooner, shall be returned to the designated
party.
6.18.5 Master Telecommunications Plan ("Plan")
The Plan will assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display
locations within the County's zoning jurisdiction where property owners have
expressed interest in allowing construction of telecommunications equipment.
Information that may be shown on the base Plan will include: existing towers,
major transmission lines, County-defined Natural Areas, historic properties,
scenic corridors, known bird migratory patterns through the County, Voluntary
Agricultural Districts, and publicly-owned orquasi-public lands. In all cases, an
interest in allowing the placement of telecommunication equipment on the
property/properties shall have been expressed. In order to participate in the MTP
.all owner(s), or their legally binding representatives, shall submit an application
on a form prepared by the Planning Department and meet the following
guidelines:
6-25-n
a) Information to be provided. All telecommunication providers who elect to
construct facilities on properties in the Plan shall provide ali necessary
and requested information to the County's telecommunications
consultant.
b) Plan modification. After adoption of the initial Plan any subsequent
modification of the Plan maybe considered annually at the February
Quarterly Public Hearing. Any applicant requesting modification of the
Plan shall make application to the Zoning Officer on or before December
1st of each year. The fee for modifying the Plan shall be that as set forth
in the Orange County Schedule of Fees.
c) Withdrawal from the Plan. Withdrawal from the Plan is permitted if any
owner submits, to the Planning Director, a notarized statement requesting
withdrawal from the Plan.
*6.19 Federa! Wetlands Permi#s.
*Amended
1/8/90 If a developer, corporation, private landowner or other person proposes to
perform construction/filling activities in or near a lake, stream, creek, tributary or
any unnamed body of water and its adjacent wetlands, Federal permit
authorization may be required by the U.S. Army Corps of Engineers prior to
commencement of earth-disturbing activities. Filling activities include, but are not
limited to, construction of road crossings, sewer or utility line installations,
grading, placement of spoil from ditching or other excavations, or placement of fill
for commercial or residential development.
A wetlands determination and specific permit requirements may be obtained from
the Raleigh Field Office of the U.S. Army Corps of Engineers.
6.20 Large Ground Absorption System (3,000 gals. per day and Package Sewage
Treatment Plants Prohibited !n AR Districts and Rural Buffer Districts
*6.20.1
*Amended
4/4/88 Ground absorption systems with a design capacity of 3,000 gallons per day or
more and package treatment plants for sanitary sewage disposal are expressly
prohibited in the AR districts and Rural Buffer Districts as shown in the adopted
Comprehensive Plan except as may be approved through a Special Use Permit
or a Planned Development District.
*6.21 Mobile Home Standards
"Amended
3-18-86
6-25-0
*6.21.1 Existing or New Mobile Home Parks
*Amended
11/3/86 a) Existing mobile home parks that do not meet the standards set forth in.
Articles 5, 6 and 7 shall be considered non- conforming. Such parks shall
not expand in any way, beyond the existing developed portions, but shall
be allowed to remove and replace units existing within the existing park at
the time of adoption of this section. Only the replacement and location of
units on an existing mobile home space shall be permitted provided the
total number of units does not exceed the number existing at the time that
the mobile home park became non-conforming; and, provided (1) that the
existing waste treatment system is functioning properly. Removat and
replacement. of such units shall not be considered expansion of the
non-conforming use.
b) New mobile home parks or portions of existing mobile home parks that
have been previously approved, but have not constructed substantial
improvements or do not have sewage disposal systems installed on the
date of adoption of this section shall meet all applicable standards for new
mobile home park as set forth in Article 5, 6 and 7 and any other
standards required for the zoning district in which it is located.
c) Substantial improvements shall include, but not be limited to, sewage
disposal systems, water systems, roads, parking areas, recreational
facilities and mobile home pads.
*6.21.2 Mobile Homes on Individual Lots
*Amended
3-18-86 a) Mobile homes, as principal residential buildings on individual lots, in
existence at the time of the adoption of this section may be improved by
replacement of the mobile home with another mobile home (See
Subsection 11.9 of the Zoning Ordinance on replacement of individual
mobile homes). The number of mobile home units may not be increased
beyond the number in existence before replacement. The replacement
mobile home must not create non-conforming yards or setbacks.
Replacement mobile home units on individual lots are not required to
meet lot area and dimensional or lot coverage standards, but must meet
setback requirements as well as those requirements specified in
Subsections 6.21.2 d) ore), depending upon the zoning district.
b) Individual mobile homes may be erected on any lot where the use is
permitted, provided compliance is made with. the zoning requirements of
• the zoning district and all other applicable regulations. These zoning
requirements include, but are not limited to: lot area and dimension; front,
rear, and side yard setbacks; and lot coverage.
c) Individual tracts of land may be created for the purpose of erecting a
mobile home provided all requirements of the Orange County Subdivision
Regulations, Orange County Zoning Ordinance, and any other land
development standards are met.
d) In addition to the requirements contained in Section 6.21.2 a), b) and c)
the following requirements must be met in the Residential-1 (R-1) District:
1) The mobile home must be placed on a permanent support system
.(See definition of "support system", Article 22 of this Ordinance).
6-25-p
2) Mobile homes on permanent support systems shall comply with
the following design standards:
a. The mobile home must be skirted.
b. Reserved.
e) In addition to the requirements contained in Sections 6.21.2 a, b, and c,
the following requirements must be met in the Agricultural-Residential
(A-R) district:
1) The mobile home must be skirted.
2) The home may be placed on a permanent support system, if
desired. If a solid concrete or masonry perimeter foundation is
used, the exterior covering material shall not extend below the top
of the foundation.
*6.21.3 Exceptions
"`Amended
3-18-86 The installation of a temporary mobile home (See Subsections 4.3-H12 and
H12a of this Ordinance) is exempt from Subsections 6.21.2 d) and e). Skirting is
required and the mobile home must be connected in conformance with all
applicable laws and regulations.
6.22 Bonus Intensities For Lower-Income Housing
6.22.1 Intent
In order to provide for the availability of affordable housing to all segments of the
population it is intended that the- bonus intensities established in Article 5.1
provide incentive for the development of lower-income housing. It is further
intended that such bonus intensities be used to promote economically mixed
housing developments and to contribute to the provision of a range of housing
type for lower income households.
6.22.2 Applicability
The PD-2 intensity regulations established in Subsection 5.1 may be applied to
any group housing development or Planned Development which shall ensure that
at least 10% of the total residential floor area of the development is contained in
dwelling units for which an agreement has been executed between the developer
and the Federal Department of Housing and Urban Development (HUD) in
accord with HUD's Section 8 new construction, substantial rehabilitation
programs, or public housing or has .been executed with the Chapel Hill Housing
Authority or the Orange County Housing Authority.
6-25-q
8.8.17 .Elevated Water Storage Tanks (Class B Special Use)
Amended
10/1 /96
8.8.17.1 Additionallnformation
Amended
10/5/94 In addition to the information required in Subsection 8.2 and 8.8, the following
shall be submitted as part of the application:
a) A Site Plan showing siting and size of all existing and proposed
structures, existing and proposed topography at a contour interval of five
feet and any officially designated floodways and floodplains, or the
presence of alluvial soils.
b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material
c) A Landscape Plan showing, at the same scale as the Site Plan, existing
and proposed trees, plus shrubs, ground cover and other landscape
materials.
8.8.17.2 Standards of Evaluation
Amended
10/5/94
The following specific standards shall be used in deciding upon an application for
approval:
a) Adequate provision has been made, by means of fencing or otherwise, for
the security of the site, including the provision of a gate at the access
entrance of access roads leading to such facilities.
b) A minimum lot size shall be adequate for the proposed use.
c) Adequate provision has been made for the protection of adjacent properly
from the dangers of collapse, fire, flooding or other menaces to public
health and safety.
8-19
8.8.17a Telecommunication Towers
Amended
12/10/02
2/3/04
Overall Policy and Desired Goals for Special Use Permits for
Telecommunications Towers.
Promoting and encouraging, wherever possible, alternatives to constructing new
towers, including but not limited to the co-location of wireless telecommunications
equipment and mitigating the visual effect of a telecommunication tower to an
extent not commercially impracticable; promoting and encouraging, wherever
possible, the placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the use of
stealth technology or camouflage techniques, to minimize adverse aesthetic and
visual impacts on the land, property, buildings, and other facilities adjacent to,
surrounding, and in generally the same area as the requested location of such
telecommunications towers, which shall mean using the least visually and
physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
8.8.17a.1 Definitions .
Words, terms .and phrases, when used in this Section, shall have the meanings
ascribed to them as in Section 6.18..
8.8.17a.1 a Additional Information
In addition to the information .required in Subsections 6.18.4, 8.2 and 8.8, the
following shall be submitted as part of the application.
a) A Site Plan showing the entire site (including property boundary lines)
and size of all existing structures within 500 feet of the site, existing and
proposed structures on site, the fall zone of the tower, existing and
proposed topography at a contour interval of five feet and any officially
designated floodways and floodplains, or the presence of alluvial soils.
b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material.
c) A Landscape Plan showing, at the same scale as the Site Plan, existing
and proposed trees, plus shrubs, ground cover and other landscape
materials. This plan shall minimize adverse visual effects of
telecommunications towers and antennas through careful design, siting,
landscape screening and innovative camouflaging techniques..
Notwithstanding any other provision of this article, to minimize adverse
visual impacts associated with the proliferation and clustering of
telecommunications towers, co-location of telecommunications equipment
on existing or new towers shall be encouraged.
d) Monopole,: lattice or guyed telecommunications towers shall not be
located within '/z mile of any existing monopole, lattice or guyed
telecommunications tower. An exception may be allowed when the
applicant can sufficiently demonstrate that 1) appropriate space on the
existing telecommunication tower is not available; or 2) the applicant has
8-20
made good faith effort to negotiate an agreement with the owner of the
existing telecommunication tower and has been unsuccessful, which must
be documented in writing; or 3) the telecommunication equipment on the
existing telecommunication tower is not compatible with the proposed
telecommunication equipment of the applicant; or 4) adequate coverage
by the applicant cannot be met at the location of the existing
telecommunication tower; or 5) the existing telecommunication tower
cannot be reasonably modified to accommodate additional co-location by
the applicant. Exceptions shall only be allowed after a thorough analysis
of the search area, provided by the applicant is performed by the
County's consultant or Staff, indicating that coverage is not possible on
an existing tower at the four-carrier capacity or other user capacity that
can be achieved. There must be a 80% approval vote of the deciding
board for this specific finding to pass the exception criteria.
e) Evidence that the applicant has investigated the possibilities of
placing the proposed equipment on an existing tower. Such
evidence shall consist of:
1) A listing of all telecommunications towers within a 2-mile radius of
the proposed tower site and a listing of all towers, utility poles and
other structures in the vicinity of the proposed facility that are
technically feasible for utilization by the applicant to fill all or a
substantial portion of the telecommunications service need
identified by the Applicant pursuant to Subsection 6.18.4. d)(10).
Documents shall be submitted at the time of application filing that
indicates the applicant's ability or inability to co-locate on the
identified tower(s) and reasons why.
2) Delineation of the boundaries of the maximum search range within
which the telecommunication equipment can function as intended.
The following information shall be provided for all existing towers
within the search range:
a) Telecommunication tower height, as measured from the
base of the tower to the highest point of the proposed
antenna(s), including lightning rods, to be located atop the
tower structure;
b) Existing and planned tower users;
c) Whether the existing telecommunication-tower could
accommodate the telecommunication equipment to be
attached to the proposed tower without causing structural
instability or radio frequency interference; and
d) If the proposed telecommunication equipment cannot be
accommodated on the existing telecommunication tower,
assess whether the existing tower could be structurally
strengthened or whether the antennas transmitters and
related equipment could be protected from electromagnetic
interference, and generally describe the means and
projected cost of shared use of the existing tower; and
8-21
e) any restrictions or limitations of the FCC or FAA that would
preclude the shared use of the tower; and
f) any additional information requested by the County.
3) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing towers in the
search range.
f) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed tower, such
as lighting and coloring.
g) Draft bond which will guarantee the removal of the tower in the event that
it is abandoned or unused for a period of 12 months.
h) A listing of, and current tax map identifying, all property owners within
1000 feet of the parcel shall be provided. Addressed, first class stamped
envelopes to the property owners shall be submitted with the application.
Each property owner shall be notified of the public hearing in accordance
with Article 2:3.3.4 (Class B Special Use Permit) or Article 8.4.5 (Class A
Special Use Permit) of this Ordinance.
i) The applicant shall,. at least 6 weeks prior to a Class B Special Use
Permit public hearing and at least 11 weeks prior to a Class A Special
Use Permit public hearing, arrange to fly, or raise upon a mast, a
minimum of a three-foot (3') in diameter, brightly colored red or orange
balloon at the maximum height of the proposed new tower. A notice of
the dates (including a second date in case of poor visibility, weather or
atmospheric conditions on the initial date), times, and location of the
balloon test shall be mailed, by certified mail, return receipt requested, by
the applicant, to all persons owning property within 1,000 feet of the
subject parcel no less than fourteen (14) days in advance of the first test
date. The applicant shall inform the County Planning Staff, in writing, of
the dates and times of the test at least fourteen (14) days in advance.
The balloon test shall be flown for at least four (4) consecutive hours
sometime between 7:00 A.M. and 4:00 P. M. on the dates chosen. The
primary date shall be on a weekend, but to prevent delays in the
processing of the application, and in case of poor weather or atmospheric
conditions on the initial date, the secondary date may be a weekday. The
applicant, as evidence that this requirement has been met, shall submit a
notarized statement and listing of the property owners notified of the test,
a copy of a current Orange County Tax Map showing the subject property
and all properties within the notification ring, and copies of the certified
mail returned receipts from the mail-out. The applicant shall also post a
sign on the subject property, and directional signs posted at locations to
be determined by Planning Staff. The signs shall measure no more than
nine (9) square feet in area and no less than four (4) square feet in area,
giving the proposed dates, times, and location of the balloon test. The
signs shall be posted to meet the same time limits as provided for in the
balloon test notification and as stated above. A notarized statement that
this requirement has been met is also required from the applicant and
shall be submitted at the time of the application. Photographs of a
clearly visible balloon floated at the proposed tower location to the
maximum height of the tower, as well as photographs with the proposed
~ s-22
tower and associated antennas superimposed upon them showing what
the proposed tower will look like, shall be submitted at the time of the
application. Photographs shall be taken from locations such as: property
lines, and/or nearby residential .areas, historic sites, roadways, including
scenic roads and major view corridors, and other locations as deemed
necessary by the Planning Staff to assess the visual impact of the
proposed tower. The visibility of the balloon to adjacent properties and
the surrounding area shall not constitute sole justification of denial of a
permit application, but is an indication of what location on the site may be
less visually intrusive.
j) The Special Use Permit application shall include a statement that the
facility and its equipment will comply with all federal, state and local
emission requirements.
k) All buildings and other structures to be located on the same
zoning lot as a telecommunication tower shall conform with the setbacks
established for the zoning district or as established through the
subdivision process, whichever is greater.
I) An A pplicant m ay b e required t o submit a n E nvironmental A ssessment
Analysis and a Visual addendum., Based on the results of the Analysis,
including the Visual addendum, the County may require submission of a
more detailed visual analysis. The scope of the required Environmental
and Visual Assessment will be reviewed at the pre-application meeting.
The Applicant shall furnish a Visual impact Assessment, which shall
include:
A "Zone of Visibility Map" shall be provided in order to determine locations
from which the tower may be seen.
Panorama photo simulations of the proposed tower, superimposed on the
existing landscape, to scale, e# showing "before and after" views including
but not limited. to State highways and other major roads; State and local
parks; other public lands; historic districts; preserves and historic sites
normally open to the public; and from any other location where the site is
visible to a large number of visitors, travelers or residents
An assessment of the visual impact of the tower base, guy wires and
accessory buildings from abutting and adjacent properties and streets
shall be considered to determine the need of screening.
All Applications shall contain a demonstration that the tower is sited so as
to have the least visually intrusive effect reasonably possible and thereby
have the least adverse visual effect on the environment and its character,
on existing vegetation, and on the residences in the area of the
telecommunications tower.
Both the telecommunications tower and any and all accessory or
associated telecommunication equipment and related facilities shall
maximize the use of building materials, colors and textures designed to
blend with the structure to which it may be affixed and/or to harmonize
with the natural surroundings, this shall include the utilization of stealth
technology as may required by the County.
8-23
At a telecommunications tower site, an access road, turn around space
and parking shall be provided to assure adequate emergency and service
access. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. -Road construction shall, at all times,
minimize ground disturbance and the cutting of vegetation. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion.
8.8.17a.2 Standards of Evaluation
The following specific standards, as well as those found in Section 6.18.4 of the
Zoning Ordinance, shall be used in deciding upon an application for approval:
a) Telecommunications equipment shall be located at a preferred site in
accordance with the following priorities, with priority one (1) being the
most preferred, and priority five (5) being the least preferred:
1. On existing towers or other structures;
2. On utility poles;
3. On industrially- or commercially-zoned properties;
4. On a stealth facility;
5. At another location not identified above as priority 1, 2, 3 or 4:
b) If an Applicant proposes to place telecommunications equipment at a
location that is not a preferred priority 1 site, then the Applicant must
provide a detailed explanation as to why a higher priority site is not
proposed. The explanation shall be in the form of a written report
demonstrating the Applicant's review of the above locations in order of
priority and the reason(s) for the site selection. The explanation shall, at
a minimum, include the information required by Subsection 8.8.17a.1 a.e).
c) The application shall not be approved unless it demonstrates that the
telecommunications equipment may not be sited at a higher priority site
because of commercial impracticability or because no higher priority site
is available that would serve to provide the telecommunications service
need identified by the Applicant as provided for in Subsection 6.18.4
d)(10).
d) An Applicant may not by-pass sites of higher priority merely because the
site proposed is the only site leased or selected. Agreements between
providers limiting or prohibiting co-location shall not be a valid basis for
any claim of commercial impracticability.
e} Notwithstanding that a potential site may be situated in an area of highest
priority or highest available priority, an application shall not be approved if
it conflicts with the provisions and requirements of this Ordinance.
f) Within or adjacent to residential zoning districts, minimum setbacks from
the base of the tower to the property boundary shall be equal to 110% of
the tower height. If the tower is proposed as an accessory use to a
residential use, the tower setback shall be 110% of the tower height from
any residence or dwelling unit on the subject property.
8-24
g) Adjacent to non-residential uses or non-residential zoning districts,
minimum setbacks from the base of the tower to the property boundary
. shall be the greater of 20% of the tower height, or the minimum required
setback.
h) A Type C Landscape Buffer shall be provided between the tower and its
accessory structures and adjoining property/properties. Existing
vegetation may be removed only to the extent necessary to
accommodate the tower, equipment buildings, and support structures
such as guy wires. Plantings around the compound perimeter, outside of
any fence or wall, shall be composed entirely of fast growing evergreen
vegetation. New plantings and existing vegetation used for screening
shall be at least six (6) feet in height or greater at planting. Proposed
.plantings (name, type, height) shall be shown on the Landscape Plan for
the facility. Landscaping shall provide a screen on a year-round basis.
i) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant. All outdoor lighting
not regulated by the FCC shall comply with the Outdoor Lighting
Standards set forth in Section 6.31 of the Zoning Ordinance.
j) An 8-foot fence or wall shall be required around the base of any tower.
This fence or wall shall encompass all accessory equipment within the
compound. Fences shall be required around guy wire tie downs as well.
The fence or wall may be placed around the perimeter of the facility to
include guy wire tie downs and associated equipment should the
applicant/ownertyish to do so.
k) The telecommunications equipment planned for the proposed tower
cannot be accommodated on an existing tower due to one or more of the
following reasons:
1) The planned equipment would exceed the structural. capacity of
existing and approved towers, considering existing and planned
use of those towers and the towers cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable
cost.
2) The planned equipment would cause radio frequency interference
with other existing or planned equipment for these towers, and the
interference cannot be prevented at a reasonable cost.
3) Existing or approved towers do not have space on which the
equipment can be placed so it can function effectively and
reasonably in parity with similar existing or approved equipment.
4) ~ No tower or other suitable facility exists in an area where the
equipment to be placed on th.e tower will function in its intended
manner.
I) The communications tower is structurally designed to support additional
users as provided for in Section 6.18.4 d} 5a, and the Special Use Permit
includes a statement that the owner of the tower is willing to permit other
user(s) to attach communication equipment which do not interfere with
the primary purpose of the tower, provided that such other users agree to
8-24-a
negotiate a reasonable compensation to the owner from such .liability. as
may result from such attachment.
m) The color of the tower is of light tone, except to the extent required by
law, so as to minimize its visual impact.
n) The towers will not be artificially lighted unless required by the FAA, FCC
or other federal or state agency. Where such agencies allow a choice
between painting the tower or installing strobe lighting, painting shall be
the preferred choice.
o) The tower and antenna. will not result in a significant adverse impact on
the view of or from any historic site, scenic road,. or major view corridor.
p) All abandoned communication towers shall be removed within 12 months
of the cessation of use. A bond or other security guaranteeing the
removal of the tower in the event that it is abandoned or unused for a
period of 12 months shall be posted. A cost estimate shall be provided by
a qualified General Contractor licensed in the State of North Carolina.
The amount of the security shall be 110 percent of the estimate.
q) A determination shall be made that the facility and its equipment will
comply with all federal, state and local emission requirements, and the
Special Use Permit shall include a statement that the facility and. its
equipment will comply with all federal, state and local emission
requirements.
r) The Special Use Permit shall include a condition that the electro-magnetic
radiation levels maintain compliance with requirements of the FCC,
regarding emission of electromagnetic radiation. Within 30 days of
installation of equipment on the tower, and within 30 days of the
installation of any additional equipment in the future, the tower owner
shall provide documentation of emission levels in relation to FCC
standards. In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by Orange
County. Orange County may make such requests at any time, not to
exceed two times per year.
s) High voltage and "No Trespassing" and other warning signs.
1) If high voltage is necessary for the operation of the
.telecommunications tower or any accessory structures, "HIGH
VOLTAGE -DANGER" warning signs shall be permanently
attached. to the fence or wall and shall be spaced no more than
forty (40) feet apart.
2) "NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
forty-(40) feet apart.
3) The letters for the "HIGH VOLTAGE..- DANGER" and "NO
TRESPASSING" warning signs shall be at (east six (6) inches in
height. The two (2) warning signs may be combined into one (1)
sign. The warning signs shall be installed at least five (5) feet
above the finished grade of the fence.
8-24-b
4) .The warning signs may be attached to freestanding poles if the
content of the signs would, or could, be obstructed by
landscaping.
1) Signs noting federal registration (if required) shall be attached
to the tower structure in compliance with federal regulation.
t) Equipment storage. Mobile or immobile equipment not used in direct
support of a tower facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the tower are being made.
u) Signs and advertising. The use of any portion of a tower for signs or
advertising purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
8.8.18 Buildings for Temporary Use (Class B Special Use)
8.8.18.1 Additionallnformation
In addition to the information required in Subsection 8.2 and 8.8, the following
shall be submitted as part of the application:
a) Site Plan showing all existing and proposed structures on the site,
existing and proposed topography at a contour interval of five feet,
existing and proposed landscaping, parking areas, access points, any
officially designated flood plains, and other site .details.
b) A description of the exterior materials, color and construction details.
c) Statement of proposed use and length of time building will be in use.
8.8.18.2 Standards of Evaluation
The following specific standards shall be used in deciding upon an application for
this use:
a) The temporary building shall not be used for residential purposes.
b) The requirements of Articles 4, 5, 8 and 9 of this ordinance have been
met.
c) The temporary building shall not be used by operations offering drive-in
services.
d) The use of the building shall be only for the period of time specified and
for the use specified.
e) The proposed use is a permitted use in the district in which it is located.
8-24-c
8.8.19 Electric Gas and Liquid Fuel Transmission Lines tClass B Special Use)
*8.8.19.1 Additionallnformation
*Amended
11/2/81 In addition to the information required by Subsections 8.2 and 8.8, the following
shall be submitted as part of the application:
a) A Site Plan showing all existing and proposed structures within the site of
the line, as well as all existing structures within fifty feet of the boundaries
of the site. Officially designated floodways and floodplains shall also be
depicted.
b) A plan of erosion and sediment controls for the site.
c) Typical cross sections for the installation showing elevation of all
structures and existing and proposed topography.
d) Plans and elevations of all proposed structures and descriptions of the
color and nature of all exterior materials.
e) Certification by the applicant that it is a public utility and a statement that
the proposed installation is necessary to accomplish its public utility
function and that public convenience and necessity will be served by the
proposed installation.
8.8.19.2 Standards of Evaluation
The following specific standards shall be used in deciding on an application for
approval of these Special Uses:
a) Adequate provision has been made to protect adjacent property from the
dangers of explosion, rupture, collapse, fire or other menaces to public
health and safety.
b) The public convenience and necessity shall be served. by this proposed
installation, if installed as proposed.
8.8.20 Residential Hotel, Dormitory, Fraternity, Sorority, and Religions Quarters
(Class A Special Use)
8.8.20.1 Additionallnformation
In addition to the information required by Subsections 8.2 and 8.8, the following
shall be submitted as part of the application:
a) A description of the type facility planned, the number of occupants, and
the development schedule.
b) A site plan showing existing and proposed contours. Proposed buildings,
parking, access, service, recreation, landscaped and screened areas.
c) Other criteria as set forth in Subsection 6.12.
8-24-d
d) A statement concerning the provision of public services which shall
include fire, police and rescue protection..
8.8.20.2 Standards for Evaluation
a) Adequate parking, access and service areas are provided for the site.
b) Parking, service areas and buildings are adequately screened from
adjacent residential uses.
c) Improved recreational facilities are provided for occupants.
d) Other criteria as set forth in Subsection 6.12.
e) Letters from public service agencies attesting to the adequacy of the
provision of public services such as fire, police and rescue.
8.8.21 Recreational Facilities (S-34) (Class B Special Use)
8.8.21.1 Additional Information
In addition to the information required by Subsections 8.2 and 8.8, the following
shall be supplied as part of the application:
a) A description of the exact type facility planned, the amount of area,
including and number of members or participants expected, a site plan
showing siting and size of existing and proposed building.
b) Access, parking, service and recreation areas for all planned facilities or
existing facilities.
c) Plans, and elevation for aN proposed and existing structures and
descriptions of the color and nature of all exterior materials.
d) A landscape plan showing, at the same scale as the site plan, existing
and proposed trees, shrubs, ground cover and any other landscape
materials.
e) A signed statement from the owners or operators that there shall be no
activity allowed that will have adverse effects on adjacent property. The
statement shall also include a complete list of al! recreational activities.
that will take place on the site.
8-25
8.8.21.2 Standards of Evaluation
The following specific standards shall be used in deciding on an application for
this use.
a) Lot size shall be adequate for the method of sewage disposal proposed,.
and for the proposed recreational uses.
b) The site plan should show the boundaries of the site, the distances to the
nearest residential structures, proposed or existing access points, parking.
and service areas, location of outdoor recreational facilities, and location
of existing or proposed buildings.
c) The landscape plan shall be at the same scale as the site plan and
should show how the facilities will be screened from the adjacent
properties, in addition to proposed or existing trees, shrubs and ground
cover.
d) Elevations of all structures and buildings. The structure shall be of such a
nature as to preserve the residential character of the area.
e) There are no adverse impacts on the adjacent roads or residential
property.
8.8.22 Waste Management Facility, Hazardous and Toxic (Class A Special Use)
8.8.22.1 Additionallnformation
In addition to the information required in Subsections 8.2 and 8.8, the following
shall be supplied as part of the application:
a) A copy of the application filed with the North Carolina Department~of
Human Resources, Division of Health Services for a hazardous waste
management facility.
b) A detailed description of the type facility planned. Included in this
description will be the size of the project, size of the site, the type storage
involved, and the method of permanent disposal anticipated.
c) Letters from the appropriate agencies that the facility has adequate
protection against fire, vandalism and personal injury.
d) Survey of floodplain and floodway location on the site plan.
e) An emergency management plan that has been submitted to the
appropriate North Carolina State agency, and approved.
8-26
8.8.22.2 Standards of Evaluation
The following standards shall be used in deciding on an application for this use:
a) All necessary State permits have been applied for and granted to the
applicant.
b) The description of the type facility planned, including a detailed
description of the type wastes to 6e stored or disposed of on the site, the
size of the finished project, method of storage or final disposal.
c) Adequate fire, police and rescue protection can be provided. The
appropriate agencies have written letters confirming adequate protection.
d) The site is of adequate size to provide a buffer for adjacent properties.
The buffer shall also be of sufficient size to prevent adverse effects in
adjacent property. .
e) Access to the site is directly from an interstate, arterial, or major collector
street.
f) Accident prevention/emergency management plan approved by the State.
g) Location of flood plain if any is on site.
h) The site plan has buffer from streams.
*8.8.23 Planned Developments
''Amended
11-23-81
8.8.23.1 Additionallnformation~
In addition to the information required in Subsections 8.2 and 8.8, information
shall be supplied as part of the application as per applicable requirements of
Article 7.
8.8.23.2 Standards of Evaluation
The standards of evaluation shall be as per applicable sections of Article 7.
*8.8.24 Historic Sites Non-Residential Reuse/Mixed Use (Class A Special Use)
*Amended
4-1-85
9-3-96
8.8.24.1 Additionallnformation
In addition to the information required in Subsections 8.2 and 8.8, the following
shall be supplied as part of the application:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following:
1) Location, width, and type of all internal vehicular and pedestrian
circulation.
8-27
2) Location and dimensions of all on-site signage.
3) ,Boundaries of the site and distance to nearest residential
structures.
b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the facility.
4) Proposed hours of operation for non-residential uses of the site
and within buildings thereon:
c) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
Description of how the historical style and character of the building and/or
property is to be enhanced.
d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
g) Evidence that the property is listed on the National Historic Register or
recognized by the State of North Carolina as places of historic interest.
h) The proposed development schedule for the site.
*8.8.24,2 Standards of .Evaluation
*Amended
7/1 /85
9/3/96 The following specific standards sha(I be used in deciding on an application for
this use:
a) The site plan submitted meets all requirements specified in sub-sections
8.8 a) and 8.8.24.1 a).
b) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development. The proposed use of the historic
structure shall be of such a nature so as to preserve the
historic character of the site and the building. Development of the site as
proposed would have no adverse impact beyond the building except for
appropriate parking facilities.
8.28
c) Structural alterations of historic structures shall be of such a nature as to
preserve the historic character of the building(s) and site.
d) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
e) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
f) The site is served by direct access to aState-maintained road.
g) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
h) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied.
This use is to be a Class A Special Use Permit in the following districts:
AR -Agricultural Residential
R1 -Residential-1
*Amended
7/1 /85
4/1 /97
8.8.25
8.8.25.1
This Class A Special Use Permit, if approved, shall be valid for six (6) years, but
may be renewed or re-approved by the Board of Commissioners after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Commissioners shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit.
If the Special Use Permit is not renewed or re-approved, then the applicant may
submit a new application as if it were a new use.
Non-Profit Educational Cooperative
Additional Information
In addition to the information requested in Subsection 8.2 and 8.8 the following
shall be supplied as a part of the application:
a) The site plan shall also contain the following:
1) Location, width and type of all internal vehicular and pedestrian
circulation.
2) Location and dimensions of all on-site signage.
8-29
3) Boundaries of the site and distance to nearest residential
structures.
b) Description of the proposed use(s) of the site and the buildings therein,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients expected to use the facility.
4) Proposed hours and days of operation.
c) Building plans for all existing or proposed structures to include floor plans,
elevations and sections showing proposed use.
d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and any other landscape materials.
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment.
f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
g) ~ -Copy of the organization By-Laws and/or Articles of Incorporation.
h) A detailed description of the organization, its staff, membership,
affiliations and activities.
8.8.25.2 Standards of Evaluation
The following specific standards shall be used in deciding on an application for
this use:
a) The site plan submitted meets all requirements specified in Subsections
8.8 a) and 8.8.25.1 a).
b) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied.
c) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
d) The site is served by frontage on to a paved State-maintained road. The
developer must show that the existing facilities have the capacity to
handle the additional traffic generated by the use or has an agreement
with NCDOT to upgrade the facility to accommodate expanded needs.
e) Internal vehicular and pedestrian circulation is designed to encourage
smooth traffic flow and reduce hazards.
f) All access roads and employee/visitor parking areas shall be paved.
8-30
g) Reserved
h) Development of the site as proposed would have no adverse .impact
beyond the building, except for appropriate parking facilities. The floor
area of a building or group of buildings housing anon-profit educational
cooperative shall not exceed the maximum floor area ratio as permitted
by Section 5.1.2 of this Ordinance. All buildings associated with the
operation of the cooperative shall be designed to be harmonious with the
character of the zoning district and neighborhoods in which it is proposed
to be located.
i) The applicant must demonstrate its compliance with the definition of
"non-profit educational cooperative" as contained in Section 22 of this
Ordinance.
*8.8.26 Modification of Impervious Surface Limitations
'`Amended
1-6-86
8.8.26.1 Additionallnformation
In addition to the information requested in Subsection 8.2 and 8.8 the following
shall be supplied as part of the application:
a) A site plan which shall include the following:
1) The dimensions and acreage of the lot to be built upon or
otherwise used.
2) The site layout of the entire project, including existing and
proposed buildings and their uses, and its relationship to
surrounding properties.
3) The layout of all off-street parking and loading areas, including the
location of entry and exit points, the internal vehicular circulation
pattern, the location and dimension of required parking and
loading spaces, and the materials of which such facilities are
constructed.
4) The location, dimension and method of construction of all existing
and proposed streets and highways.
5) The location, size and name of all existing plant materials to be
retained and proposed plantings and screenings, including areas
to be preserved as vegetated buffers along drainageways and
undisturbed areas for runoff infiltration.
6) Title; north arrow; scale; names of owners, developer and person
responsible for plan preparation; and the date that the plan was
drawn or subsequently revised.
7) Location of all areas on the site subject to flood hazard or
inundation as shown on flood maps or soils maps.
8-30-a
8) Location of all water courses on the site, including direction of
flow.
9) .Existing and proposed topography at a contour interval of five {5)
feet based on mean sea level datum.
b) ~ Statement from appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment,
including the approval of a secondary wastewater treatment site in the
event of failure of the primary septic tank system.
c) Building plans for all existing and proposed buildings, including floor plans
and cross sections showing the proposed use of all portions of such
buildings.
d) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
e) Detailed plans for controlling the first one-half (1/2) inch of runoff from all
impervious surfaces, including the capacity of infiltration, retention,
detention or other control measures.
f) Design, layout and construction specifications for runoff control
measures, including methods for protecting undisturbed areas during and
after construction.
g) Identification and protective measures for erodible soils (K factors greater
than 0.36 in Orange County Soil Survey), alluvial soils, steep slopes
(greater than 15%), floodplains and wetlands.
h) Inventory of all. hazardous materials produced, stored, used on-site or
transported to or from the site as defined by EPA's Hazardous
Substances or Priority Pollutants lists.
i) Design and constructions specifications for storage facilities far
hazardous materials, including spill containment measures and
contingency plans for on-site containment and clean-up of spills.
j) Sedimentation and erosion control plan.
8.8.26.2 Standards of Evaluation
The following specific standards shall be used in deciding on application for this
modification and use:
a) The site plan submitted meets all requirements specified in Subsections
8.8 a) and 8.8.26.1 a).
b) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied with the exception of the impervious surface ratio for which a
modification is requested.
c) Fire, police and rescue services, and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
8-30-b
3) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a.
legally permitted alternative.
j) Habitat Maintenance
1) Habitats identified in the biological inventory and habitats
created through mitigation shall be maintained in accordance.
with the Resources Management Plan and/or a conservation
easement agreement; and
2) Maintenance of habitats shall be minimal, consisting primarily
of maintaining buffers and. enhancements, removal of exotic
(non-native) plant species, and keeping drainage ways
functioning properly.
k) Crime Prevention through Environmental Design (Reserved)
I) Public Road Access
Access to the subdivision and access to lots within the subdivision to
existing public roads shall conform to and be in compliance with any
public road access management plan adopted by Orange County.
m) Maintenance of Improvements
All site improvements such as roads, utilities (including irrigation and
drainage structures), habitat enhancements, recreational amenities,
signage, landscaping, open space, etc. will be maintained in function
and appearance. Maintenance specifications, if any, for on-going site
management (including provisions for handling of storm debris in open
space areas) shall be submitted as part of the Resources
Management Plan and incorporated into Homeowners' Association
documents.
8-45
8.8.30 Schools: Elementary, Middle and Secondary (Class A Special Use)_
Amended
2-3-04
Additional l nformation
In addition to the information required in 8.2, 8.6 and 8.8, the following
information shall be submitted as part of the application:.
a. Twenty-six copies of the site plan prepared in accordance with Article XIV
(Section 14.1- et seq.) of the Zoning Ordinance and with the following
additional information shown on the plan:
1. Total student capacity of school as designed
2. Total number of employees at time of greatest shift
3. Number and dimensions of designated parking spaces for school
buses
4. Number of designated parking spaces for employees
5. Number of visitor parking spaces
6. Number of student parking spaces
7. Location of student drop off points with stacking spaces identified
8. Location of all proposed and future athletic fields and structures
a. Total number of seats for spectators
b. location of concession stands, if any anticipated
9. Proposed public roadway improvements
10. Existing and proposed infrastructure improvements (water and
sewer)
b. Twenty-six copies of Landscape Plans showing the locations of existing
vegetation, areas proposed for preservation as well as plants and
materials for proposed planting areas.
c. Twenty-six copies of photometric plans in accordance with the Section
6.31, entitled Outdoor Lighting Standards.
d. Estimated water usage for structures, landscaping and athletic fields.
e. A Traffic Impact. Study as required by Article 13 of the zoning ordinance.
f. A Biological Inventory shall be prepared in accordance with Section
8.8.29.1 B (b).
g. A Resources Management Plan shall be prepared in accordance with the
criteria contained in the Resources Management Plan definition in the
Definitions Article of the Zoning Ordinance.
Standards of Evaluation
1. If located within an EDD, the application must meet the following
general standards of the EDD Design Manual and the Standards of
Evaluation for Schools if the school were to be located in a zoning
district other than an EDD:
s-4s
a. Land Use Intensity
1. Impervious Surface Ratio
2. Building Volume Ratio
3. Landscape Volume Ratio
4. .Site Volume Ratio
b. Enviro nmental Factors
1. Noise
2. Vibration
3. Air Pollution
4. Electromagnetic Interference
5. Solid Waste
6. Grading & Erosion Control
7. Storm Water Management
8. Water Supply & Sewage Disposal
9. Construction & Maintenance
c. Design Criteria
1. Architectural Design
2. Landscape Design
3. Circulation & Parking
4. Service & Storage
5. -Signs & Lighting
2. If located within a zoning district other than an EDD, the applicant
must meet the Standards of Evaluation as follows:
a) The project meets all applicable design standards and other
requirements of the Zoning Ordinance and the Subdivision
Regulations.
b) The project meets all service provision criteria as set forth
below:
(1) Fire -identifies the primary and secondary responders
and the source(s) of water.
(2) Police -identifies the primary and secondary
responders.
(3) Rescue services -identifies the primary and secondary
responders.
(4) Water Supply -identification of public or private utility
source and capacity of water supply or identification of
water source through a water resource study.
(5) Wastewater Treatment Methods -provider and capacity
of wastewater treatment source.
(6) Solid Waste-as specified in 2.h of this section.
c) Habitats shall be identified and evaluated in the Biological
Inventory and are subject to the following:
8-47
(1) ~ An undisturbed buffer is required around the boundary
of habitats of rare, threatened, or endangered species
as shown on the biological inventory. Buffer width shall
be determined by site evaluation in consultation with the
applicant's biologist and County staff;
(2) Habitat enhancements as described in the biological
inventory shall be made for a broad range of species to
help mitigate the loss of wildlife habitat during
construction. Examples include preserving, planting, and
maintaining a variety of native vegetation (also dead
trees and snags); installing structures conducive for
nesting such as bird, houses or bat boxes designed and
located for various species; or creating wetlands;
(3) Conservation easements or other acceptable means
.such as dedication to a public agency, conservancy or a
similar agency are required to protect wetlands and
other habitats while insuring proper long-term
maintenance; and
(4) Provide barriers or fencing, and signage at the edge of
habitat buffers to prohibit vehicular and .pedestrian
access. Limited access may be allowed if proposed in a
sensitive manner for environmental education purposes.
d) Landscaping and Buffers
1) Protection of Existing Vegetation
(a) Existing vegetation shall be preserved as indicated on
the approved landscape plan in accordance with the
provisions of Article 12.2 of the Zoning Ordinance;
(b) Tree protection measures shall be installed and
maintained between all areas of disturbance and trees
to be retained as shown on the approved landscape
plan. A detail of the tree protection barrier proposed
-shall be included as part of the landscape plan
submitted with the application;
(c) Corridors connecting habitats identified in the biological
inventory shall be preserved along streams, buffers, or
other wooded areas. If destroyed during construction,
such connections shall be restored using appropriate
plant materials;
(d) Trees and stumps, cleared for roads and building
construction shall either be used for timber purposes or
shredded for landscape mulch, composted, buried or
otherwise disposed of BUT NOT BURNED.
8-48
2) Berms, fences and landscaping walls may be used with plant
materials for screening, provided such features are designed
and located in harmony with other site features and functions;
3) To minimize visual impact by blending architecture into the
surrounding landscape, foundation plantings are required at all
freestanding entrance signs;
4) Use of xeriscaping principles.
e) Stormwater Management
1) No net increase in peak flow leaving the site from the
predevelopment conditions for the 10 year, 24-hour storm;
2) The stormwater management system must respect existing.
drainage patterns. Runoff shall be .directed away from erosion-
prone slopes.
3) Energy dissipaters shall be used where runoff is concentrated
and discharged, for example, at downspouts from rooftops and
storm drains at parking areas. Runoff shall not be discharged
directly into surface water, or other environmentally sensitive
areas;
4) Concentrated stormwater, conveyed by ditches, channels,
pipes, swales or other conveyance systems must be dispersed
and diffuse flow reestablished prior to discharge into a stream
buffer;
5) Nitrogen load contribution must be held to 3.6 Ibs per acre per
year.
f) Drainage
1) All drainage structures will be installed and maintained
according to the approved Stormwater Management Plan.
2) School projects that include retention/detention ponds shall
comply with the requirements in Section 6.23.4, Operation and
Maintenance of Structural Best Management Practices.
g) Grading and Erosion Control
1) Plans for grading and erosion control shall comply with
standards contained in the Orange County Erosion and
Sediment Control Ordinance and Manual and, if applicable,
The North Carolina Erosion and Sedimentation Control
Program rules;
2) Construction shall be phased to minimize disturbance and
sedimentation;
8-49
3) Sediment control measures shall be properly installed to filter
sediment from runoff during construction and m aintained until
grading is complete and a permanent vegetative cover has
been established and all slopes stabilized; and
4) Permanent landscaping, groundcover, mulch, etc. shall be
installed as soon as practical after construction activities for
each phase are completed.
h) .Solid Waste Management
A solid waste management plan, submitted as part of the Resources
Management Plan, shall include the method(s) of disposal and
recycling of construction debris.
i} Irrigation
1) Irrigation systems for the school project are designed and can
be operated according to a water conservation plan described
in the Resources Management Plan submitted with the
application;
2) The Resources Management Plan shall identify the source(s)
of water to be used for irrigation, the volume available for that
purpose, and expected consumption rates. The system design
and plan for operation will be evaluated based on efficiency;
and
3) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative.
j) Habitat Maintenance
1) Habitats identified in the biological inventory'and habitats
created through mitigation shall be maintained in accordance
with the Resources Management Plan and/or a conservation
easement agreement; and
2) Maintenance of habitats shall be minimal, consisting primarily
of maintaining buffers and enhancements, removal of exotic
(non-native) plant species, and keeping drainage ways
functioning properly.
k) Crime Prevention through Environmental Design (Reserved)
I) Public Road Access
Access. to the school project shall be via existing public roads and
shall conform to and be in compliance with any public road access
management plan adopted by Orange County.
8-50
m) Maintenance of Improvements
All site improvements such as roads, utilities (including irrigation and
drainage structures), habitat enhancements, recreational amenities,
signage, landscaping, open space, etc. will be maintained in function
and appearance. Maintenance specifications, if any, for on-going site
management (including provisions for handling of storm debris in open
space areas) shall be submitted as part of the Resources
Management Plan as defined in Definitions (Article 22).
3. The following additional specific standards shall be met for all elementary,
middle and secondary schools:
a. The minimum lot size shall be, with respect to non-charter public
schools,. as required by the School Construction Standards adopted
from time to time by Orange County Board of County Commissioners,
the Orange County Board of Education and the Chapel Hill-Carrboro
Board of Education. With respect to all schools the lot size shall be
adequate to accommodate all activities. The proposed methods to
handle themaximum number of participants and patrons for any single
event shall be provided while also adhering to safe vehicular and
pedestrian circulation.
b. Negative visual impacts shall be minimized along any major roadway.
Negative visual impacts include, but are not limited to,
loading/unloading areas, delivery areas, air handling units (roof top
and other), parking areas for machinery, and storage buildings.
Appropriate screening methods shall be used to enhance the aesthetic
value of a project.
c. Transportation improvements as deemed necessary by the Traffic
Impact Study.
d. The site shall be designed to take advantage of multiple shared use
opportunities, which may include a Park and Ride facility for public
transportation.
e. There shall be a minimum of two access points to the site. Access
points shall separate student drop-off areas and visitor parking from
bus traffic. If school buses are used, then at least one access shalt
6e limited to school .employee and bus use during normal school
hours. All access points shall be located to provide maximum visibility
and safety. No driveway shall be permitted in a location that will
hinder or congest traffic movement on a public street.
8-51
8-52
ARTICLE 24. LEGAL STATUS PROVISIONS AND EFFECTIVE DATE
24.1 Severability
It is the legislative intent of the Board of Commissioners in adopting this
ordinance that all provisions and sections thereof shall be liberally
construed to protect and preserve the peace, health, safety and general
welfare of the inhabitants of Orange County and, further, that should any
provision, portion, section, or subsection of this ordinance be held to be
construed as affecting the validity of any of the remaining provisions,
portions, sections or subsections, it is the intent of the Board of
Commissioners that this Ordinance shall stand, notwithstanding the
invalidity of any provision, or section or part thereof.
24.2 Conflict With Other Laws
When provisions of this ordinance require a greater width or size of yard
or court or require a lower height of a building of fewer number of stories,
or require a greater percentage of a lot to be left unoccupied, or impose
other higher standards than are required in any other statute or local
ordinance or regulation, provisions of this ordinance shall govern. When
the provisions of any other statute or local. ordinance or regulation require
a greater width or size of yards or courts, or require a greater percentage
of a lot to be left unoccupied, or impose other higher standards than are
required by the provisions made by this ordinance, the provisions of that
statute or focal ordinance or regulation shall govern.
24.3 Repeal of Existing Zoning Regulations
The existing zoning regulations entitled, Orange County Zoning
Ordinance, as amended, are hereby repealed. The adoption of this
Ordinance, however, shall not affect nor prevent any pending or future
prosecution of, or action to abate, an existing violation of said regulations,
as amended.
24-1
24.4 Effective Date
This Ordinance shall take effect and be in force on September 2, 1981..
Amendments:
11-2-81 5-15-90
11-23-81 8-6-90
1-19-82 8-21-90
7-6-82 9-4-90
10-4-82 10-1-90
2-7-83 2-19-91
7-5-83 4-1-91
1-3-84 6-25-91
4-7-84 8-5-91
6-4-84 9-3-91
7-2-84 10-7-91
10-1-84 10-22-91
11-20-84 1-6-92
2-19-85 8-3-92
4-1-85 8-4-93
7-1-85 9-7-93
11-19-85 1-1-94
1-6-86 1-4-94
3-5-86 3-1-94
3-18-86 4-4-94
8-4-86 8-8-94
11-3-86 10-5-94
1-5-87 11-1-94
3-24-87 1-17-95
7-7-87 . 8-3-95
10-5-87 10-Z-95
2-1=88 4-1-96
4-4-88 6-3-96
7-5-88 7-1-96
10-3-88 9-3-96
10-18-88 10-1-96
1-3-89 12-17-96
5-16-89 - 4-1-97
8-1-89 5-21-97
10-2-89 6-2-97
10-17-89 8-4-97
11-6-89 10-21-97
11-21-89 1-20-98
1-8-90 4-21-98
2-5-90 10-13-99
4-2-90 10-19-99
3-14-00
9-5-00
8-21-01
9-18-01
11-19-01
12-10-02
5-20-03
6-26-03
9-16-03
11-5-03
2-3-04
24-2