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HomeMy WebLinkAboutORD-2003-034 - Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures AmendmentsORDINANCE AS ADOPTED BY THE BOCC 8 Text and Section Numbers /Headings = Proposed Language Strikethre -+- R- Stdket = Existing Language Deleted during process An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Zoning Ordinance and Subdivision Regulations are hereby amended as follows: Section 1. (pages 23 -1 through 23 -2) Amend Article 23 (Violations Penalties and Remedies) of the Orange County, NC Zoning Ordinance to read as follows: ARTICLE 23. ENFORCEMENT V" ^1 nTIGNS, PENALTIES n��n REMEDIES 23.1 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. 23.1.1 Violations; Violators 23.1.2 Violation It is unlawful and a violation of this Ordinance to establish, create, expand, occupy, or maintain any use, land development activity, or structure, including, but not limited to, signs and buildings, that violates or is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. Approvals and authorizations include, but are not limited to, Special Use Permits, Sign Permits, Building Permits, Certificates of Zoning Compliance, Certificates of Occupancy, Variances, development plans, site plans, landscaping plans, and conditions of such permits, variances, and plans. It is also a violation to engage in any construction, land development activity, or use without all approvals and authorizations required by this Ordinance: 23.1.3 Violators Violators include, but are not limited to, any person(s) who owns, leases, occupies, manages, or builds any structure or land development activity in violation of this Ordinance, and any person (s) who owns, leases, or occupies a use in violation of this Ordinance. A violation may be charged against more than one violator. For the purpose of Article 23 of the QFaR99 GeuRty, NG Zoning this Ordinance, the term "person" is defined to include but not be limited to any individual, group of individuals, or any corporation, partnership, association, company, or business, trust, joint venture, or other legal entity. In addition, one or more of the following persons may be held responsible for a violation of this Ordinance, and be subject to the remedies and penalties provided in this Article: 1) An owner of the property on which the violation of this Ordinance occurs, any, tenant or occupant of that property who has control over, or responsibility for, its ORDINANCE AS ADOPTED BY THE BOCC 9 use or development, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance. 23.1.4 Responsibility The Zoning Officer shall enforce this Ordinance and the remedies authorized under this Article. The Zoning Officer shall have the authority to settle any violations that involve the payment of money to the governing body. 23.2 Enforcement Procedures 23.2.1 Inspections and Investigations: A program of inspections and investigations to determine compliance with the Zoning Ordinance and orders, plans, permits, certificates, and authorizations issued under the Zoning Ordinance, is hereby authorized. This program shall be conducted under the general authority of the Zoning Officer. On receiving complaints or other information suggesting a violation of this Ordinance, the Zoning Officer shall investigate the situation and determine whether a violation exists. 23.2.2 Initial Notice of Violation: On determining that a violation exists, the Zoning Officer shall, whenever possible, make contact with the violator either in person or via telephone to discuss the violation. The Zoning Officer shall then give the responsible person(s) written notice of the violation, either in person, , or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall describe the nature of the violation and its location, state the actions necessary to correct the violation, and invite the alleged violator to meet with the Zoning Officer to discuss the violation and how it may be corrected. The Zoning Officer may provide the alleged violator additional notices of violation. This notice is an administrative determination subject to appeal as provided in Article 2.3 of this Ordinance. . 23.2.3 Final Notice of Violation; Correction Order: The Zoning Officer's final written notice of violation (which may be the initial notice) shall also order correction of the violation, specify a reasonable time period in which the violation must be corrected, state the remedies and penalties authorized in Article 23.3 the Zoning Officer may pursue if the violation is not corrected within the specified time limit, and state that the correction order may be appealed to the Board of Adjustment if the correction order is the initial notice. The final written notice of violation shall be served upon the responsible person(s), either in person, posting the notice at the property in ORDINANCE AS ADOPTED BY THE BOCC 10 violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a final notice of violation is posted in a conspicuous place on the premises affected. A notice of a new violation is not required where a notice of a violation of the same kind the same vidiation has been issued to the same violator at the same property within the previous two (2) years. In such cases, the violator may be charged with a continuing violation without further notice, as provided in Section 23.4.5 below. A notice is also not required where action is taken under Sections 23.3.1 a), b) or f). 23.2.4. Appeal to Board of Adjustment: Any person aggrieved by the Zoning Officer's determination of a violation or a correction order may appeal that determination or order to the Board of Adjustment in accord with the provisions of Article 2.3 of this Ordinance, including payment of the appropriate fee. Except as provided in Article 2.3, an appeal generally stays all further actions to enforce a notice of violation, correction order, or Stop Work Order, until the Board of Adjustment has made a decision concerning the appeal. Civil Penalty Citations that follow the initial notice of violation may not be appealed to the Board of Adjustment. The Board shall hear the appeal and may affirm, modify, or revoke the Zoning Officer's determination of a violation. If there is no appeal, the Zoning Officer's determination of the nature and degree of the violation are final. 23.2.5 Failure to Comply with Notice or Board of Adjustment Decision: If the violator does not comply with a notice of violation, correction order, or Stop Work Order, which has not been appealed, or with a final decision of the Board of Adjustment, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. 23.2.6 Extension of Time Limit to Correct Violation: The recipient of an initial notice of violation, correction order, or Stop Work Order, or the owner of the property on which the violation occurs, may, within thirty (30) days of the receipt or posting of the initial notice of violation or correction order, whichever is earlier, submit, to the Board of County Commissioners, Zea+Rg 9#fiser a written request, to be filed with the Zoning Officer, for extension of the specified time limit for correction of the violation. In cases where an appeal of the notice of violation has been properly filed with the Board of Adjustment, the thirty (30) day period shall commence upon receipt of the notice of the Board of Adjustment decision concerning the violation or correction order. The Zoning Officer shall assist individuals in the preparation of said statement in cases where an individual(s) is /are unable to prepare a written statement. The Zoning Officer will recommend whether the time limit should be extended. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit, for reasons beyond the control of the person requesting the extension,'the Board of County Commissioners Zaaieg- Officer may extend the time limit as reasonably necessary to allow timely correction of the violation. 23.2.7 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Zoning Officer shall determine whether the violation has been corrected. If ORDINANCE AS ADOPTED BY THE BOCC 11 the violation has been corrected, the Zoning Officer shall take no further action against the alleged violator. If the violation has not been corrected, the Zoning Officer may act to impose one or more of the remedies and penalties specified in the notice of violation, correction order, or Stop Work Order. 23.2.8 Emergency Enforcement Without Notice: If delay in correcting a violation would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety, or welfare, the Zoning Officer may seek immediate enforcement without prior written notice through any of the remedies or penalties authorized in Article 23.3. 23.3 Remedies: Penalties; Enforcement Action 23.3.1 General The Zoning Officer may pursue one (1) or more of the following remedies and penalties described below or in Article 23.4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. SUGh StatlAeg inGh4de, . Use of one (1) of the authorized remedies and penalties does not preclude the Zoning Officer from using. any other authorized remedies or penalties, nor does it relieve any party to the imposition of one (1) remedy or penalty from imposition of any other authorized remedies or penalties. a) Permit Revocation: In accord with the provisions of this Ordinance and the pr-ovisiGnS Of Ghapt9F , the Zoning Officer upon a written determination by the Zoning Officer , may revoke any permit, certificate, or other authorization granted under this Ordinance GeunV, NG Oede for failure to comply with the provisions of this Ordinance or the terms and conditions of a permit or authorization granted under this Ordinance. Any permit, certificate, or authorization mistakenly issued in violation of State law or local ordinance, or issued on the basis of misrepresentations by the applicant, owner, or owner's agent may be revoked without such written determination. b) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Zoning Officer may deny or withhold approval of any permit, certificate, or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. The Zoning Officer may also condition a permit, certificate, or authorization on the correction of the violation and /or payment of a civil penalty, and /or posting of a compliance security. C) Injunctive and Abatement Relief in Superior Court: A violation may be corrected by any appropriate equitable remedy, a mandatory or prohibitory injunction, or an order of abatement as authorized by NCGS 153A- 123. The Zoning Officer shall have the authority to execute an order of abatement if the violator does not comply with such order, and the costs of the ORDINANCE AS ADOPTED BY THE BOCC 12 execution shall be a lien on the property in the nature of a mechanic's or materialman's lien. d) Criminal Penalties: Any person, firm or corporation who violates the provisions of this Ordinance or fails to comply with any of its requirements shall, upon conviction, be guilty of a Class 3 misdemeanor and shall be fined not more than a maximum of five hundred dollars ($500.00), imprisonment of up to thirty (30) days, or both, for each violation, as provided in NCGS Section 14 -4. The Zoning Officer may refer a violation to the GGURt District Attorney for institution of criminal prosecution of the alleged violator. e) Judicial Action to Collect Civil Penalty: A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article 23.4 below. f) Stop Work Order: oft "M - . Will N' - - If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any building, structure or land is used in violation of a Stop Work Order, the Zoning Officer, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or lands, or to prevent any illegal act, conduct, business or use in or about the premises. , Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the violating activity and /or the property owner, land shall state the reasons for the issuance of the Order, and the conditions gilder which activity may be resumed. Notice shall be given by registered or c4rtified mail. Upon issuance of such Order, and posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. The person(s) conducting the violating activity and /or the property owner may appeal the Stop Work Order to the Board of Adjustment pursuant to Article 2.3 of this Ordinance. 23.4 Civil Penalty 23.4.1 General ORDINANCE AS ADOPTED BY THE BOCC 13 The Zoning Officer may impose one or more civil penalties and issue one or more Civil Penalty Citations for a violation as provided below. If the violator does not pay the penalty, the Zoning Officer may collect it in a court through a civil action in the nature of a debt. 23.4.2 Notice The Zoning Officer shall give the responsible person(s) written notice of the civil penalty citation, either in person, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of civil penalty citation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and /or criminal enforcement. 23.4.3 Amount The Zoning Officer may impose a penalty of v" eae ) five hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, correction order, (or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement), or Stop Work Order, shall constitute a separate violation that subjects the violator to additional civil penalties. 23.4.4 Settlement of Claims The Zoning Officer is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Zoning Officer shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and /or an order of abatement. 23.4.5 Continuing Violations The Zoning Officer may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. An initial Civil Penalty Citation is not required if the Department has previously issued a Civil. Penalty Citation to the violator for the same violation at the same location Within the previous two (2) years. The Zoning Officer may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state that the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative. ORDINANCE AS ADOPTED BY THE BOCC 14 _ :saran. .. 0 WIN IL III, f "Wfl lull • - - MEMM ize I-- ORDINANCE AS ADOPTED BY THE BOCC 15 WIXOM Section 2. (pages 79 through 80) Amend Subsection VII -E (Penalties for Violations) of Section VII (Legal Status Provisions) of the Orange County, NC Subdivision Regulations to read as follows: SECTION VII. LEGAL STATUS PROVISION VII -E. Penalties for VoolatoGn Enforcement VII -E -1 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. VII -E -1.1 Violations: Violators VII -E -1.2 Violation If a person who is the owner or the agent of the owner of any land located within the territorial jurisdiction of Orange County subdivides his /her land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the provisions of this Ordinance and recorded in the Office of the Register of Deeds, he /she shall be in violation of this Ordinance. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from the enforcement provisions of this Ordinance. For the purpose of Article VII -E of the GFaRge GGURty SubdiVISIOR Regulations this Ordinance, the term "person" is defined to include but not be limited to any individual, group of individuals, or any corporation, partnership, association, company, or business, trust, joint venture, or other legal entity. ', , WIXOM Section 2. (pages 79 through 80) Amend Subsection VII -E (Penalties for Violations) of Section VII (Legal Status Provisions) of the Orange County, NC Subdivision Regulations to read as follows: SECTION VII. LEGAL STATUS PROVISION VII -E. Penalties for VoolatoGn Enforcement VII -E -1 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. VII -E -1.1 Violations: Violators VII -E -1.2 Violation If a person who is the owner or the agent of the owner of any land located within the territorial jurisdiction of Orange County subdivides his /her land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the provisions of this Ordinance and recorded in the Office of the Register of Deeds, he /she shall be in violation of this Ordinance. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from the enforcement provisions of this Ordinance. For the purpose of Article VII -E of the GFaRge GGURty SubdiVISIOR Regulations this Ordinance, the term "person" is defined to include but not be limited to any individual, group of individuals, or any corporation, partnership, association, company, or business, trust, joint venture, or other legal entity. ORDINANCE AS ADOPTED BY THE BOCC 16 VII -E -1.3 Responsibility The Planning Director shall enforce this Ordinance and the remedies authorized under this Article. The Planning Director shall have the authority to settle any violations that involve the payment of money to the governing body. VIII-E -1.4 Planning Director For the purposes of this Article "Planning Director" shall mean the Director of the Orange County, NC Planning and Inspections Department and /or a sworn staff member acting in the capacity of the Planning Director. VII -E -2 Enforcement Procedures VII -E -2.1 Inspections and Investigations: On receiving complaints or other information suggesting a violation of this Ordinance, the Planning Director shall investigate the situation and determine whether a violation exists. VII -E -2.2 Initial Notice of Violation: On determining that a violation exists, the Planning Director shall, whenever possible, make contact with the violator either in person or via telephone to discuss the violation. The Planning Director shall then give the responsible person(s) written notice of the violation by certified or registered mail,. return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing. The notice shall describe the nature of the violation and its location, state the actions necessary to correct the violation, and invite the alleged violator to meet with the Planning Director to discuss the violation and how it may be corrected. The Planning Director may provide the alleged violator additional notices of violation. VII -E -2.3 Final Notice of Violation; Correction Order: The Planning Director's final written notice of violation (which may be the initial notice) shall also order correction of the violation, specify a reasonable time period in which the violation must be corrected, state the remedies and penalties authorized in Article VII -E -3 the Planning Director may pursue if the violation is not corrected within the specified time limit. The final written notice of violation shall be served upon the responsible person(s), either in person, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a final notice of violation is posted in a conspicuous place on the premises affected. VII -E -2.4 . Extension of Time Limit to Correct Violation: The recipient of an initial notice of violation, correction order, or stop work order, or the owner of the property on which the violation occurs, may, within thirty -(30) days of the receipt or posting of the initial notice of violation or correction order whichever is earlier, submit, to the Board of County Commissioners, RaMiAg DiFe a written request, to be ORDINANCE AS ADOPTED BY THE BOCC 17 filed with the Planning Director, for extension of the specified time limit for correction of the violation. The Planning Director shall assist individuals in the preparation of said statement in cases where an individual(s) is /are unable to prepare a written statement. The Planning Director will recommend whether the time limit should be extended. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Board of County Commissioners Planning Dore may extend the time limit as reasonably necessary to allow timely correction of the violation. VII -E -2.5 Failure to Comply with Notice: If the violator does not comply with a notice of violation, or correction order, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. VII -E -2.6 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Planning Director shall determine whether the violation has been corrected. If the violation has been corrected, the Planning Director shall take no further action against the alleged violator. If the violation has not been corrected, the Planning Director may act to impose one or more of the remedies and penalties specified in the notice of violation, or correction order. VII -E -3 Remedies: Penalties: Enforcement Action VII -E -3.1 General The Planning Director may pursue one (1) or more of the following remedies and penalties described below or in Article VII -E -4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. , , 324, and 3q4 et . Use of one (1) of the authorized remedies and penalties does not preclude the Planning Director from using any other authorized remedies or penalties, nor does it relieve any party to the imposition of one (1) remedy or penalty from imposition of any other authorized remedies or penalties. a) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Planning Director may deny or withhold approval of any permit, certificate, or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. The Planning Director may also condition a permit, certificate, or authorization on the correction of the violation and /or payment of a civil penalty, and /or posting of a compliance security. b) Injunctive and Abatement Relief in Superior Court: The County may apply to a General Court of Justice in accordance with the provisions of G.S. 153A -123 (e) and G.S. 153A -334 to bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the Court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this Section. C) Criminal Penalties: Any person who, being the owner or the agent of the owner of any land located within the jurisdiction of this Ordinance, subdivides land in violation of this ORDINANCE AS ADOPTED BY THE BOCC 18 Ordinance, or transfers, or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance, and recorded in the Office of the Register of Deeds, shall be guilty of a misdemeanor and shall be punishable, accordingly, by fine and /or imprisonment. The description by metes and bounds in the instrument of transfer, or other document used in the process of selling or transferring land, does not exempt the transaction from penalties. d) Judicial Action to Collect Civil Penalty: A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article VII -E-4 below. e) Stop Work Order If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any building, structure or land is used in violation of a Stop Work Order, the ZeaiRg- 9ffisef Planning Director, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or lands, or to prevent any illegal act, conduct, business or use in or about the premises. Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the violating activity and /or the property owner, and shall state the reasons for the issuance of the Order, and the conditions under which activity may be resumed. Notice shall be given by registered or certified mail. Upon issuance of such Order, and posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. The person(s) conducting the violating activity and /or the property owner may appeal the Stop Work Order to the Board of County Commissioners pursuant to Articles III -C -5, III- D -1 -h, and III -D -5 of this Ordinance. VII -E -4 Civil Penalty VII -E-4.1 General Any person who proceeds to develop land as authorized by an approved preliminary plat and who fails to carry out such development according to the provisions of the plat, and all specific conditions of approval, shall be in violation of this Ordinance and shall be punished by fine. The Planning Director may impose one (1) or more civil penalties and issue one (1) or more Civil Penalty Citations for a violation as provide below. If the violator does not pay the penalty, the Planning Director may collect it in a court through a civil action in the nature of a debt. VII -E -4.2 Notice The Planning Director shall give the responsible person(s) written notice of the civil penalty citation, either in person, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent ORDINANCE AS ADOPTED BY THE BOCC 19 by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of civil penalty citation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and /or criminal enforcement. VII -E-4.3 Amount The Planning Director may impose a penalty of vp->e erne five hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, or correction order, shall constitute a separate violation that subjects the violator to additional civil penalty. VII -E -4.4 Settlement of Claims The Planning Director is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Planning Director shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief. VII -E-4.5 Continuing Violations The Planning Director may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. The Planning Director may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative. ' ' ORDINANCE AS ADOPTED BY THE BOCC 20 G.S. 153A 123 (e) to bFiRg an aGtiGR fGF i1;jURGtlGR of any illegal subdiv*640R, , Regulations ef the Geup*, MXWN 100- - - Section 3. That this Ordinance be filed in the book of published ordinances. Section 4. That this Ordinance is effective upon adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this Ordinance entitled "An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County' be adopted. Upon motion of Commissioner L AdA4- —, seconded by Commissioner • v the foregoing Ordinance was adopted this the day of 2003. 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 9� � 2 � - , 2003 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 -E day of , 2003. Clerk to t e rd of Wnr& rioners OIZAN(�E COUNrY ZONING OIL DINANCE prepared by the ORANGE COUNTY PLANNING DEPARTMENT ADOPTED BY THE BOARD OF COMMISSIONERS SEPTEMBER 2, 1981 AMENDED: NOVEMBER 2, 1981 OCTOBER 18, 1988 APRIL-4,1994 NOVEMBER 23, 1981 JANUARY 3, 1989 AUGUST 8, 1994 JANUARY 19, 1982 MAY 16, 1989 OCTOBER 5, 1994 JULY 6, 1982 AUGUST 1, 1989 NOVEMBER 1, 1994 OCTOBER 4, 1982 OCTOBER 2, 1989 JANUARY 17, 1995 FEBRUARY 7, 1983 OCTOBER 17, 1989 AUGUST 3, 1995 JULY 5, 1983 NOVEMBER 6, 1989 OCTOBER 2, 1995 JANUARY 3, 1984 NOVEMBER 21, 1989 APRIL 1, 1996 APRIL 7, 1984 JANUARY 8, 1990 JUNE 3, 1996 JUNE 4, 1984 FEBRUARY 5, 1990 JULY 1, 1996 JULY 2, 1984 APRIL 2, 1990 SEPTEMBER 3, 1996 OCTOBER 1, 1984 MAY 15, 1990 OCTOBER 1, 1996 NOVEMBER 20, 1984 AUGUST 6, 1990 DECEMBER 17, 1996 FEBRUARY 19, 1985 AUGUST 21, 1990 APRIL 1, 1997 APRIL 1, 1985 SEPTEMBER 4, 1990 MAY 21, 1997 JULY 1, 1985 OCTOBER 1, 1990 JUNE 2, 1997 NOVEMBER 19, 1985 FEBRUARY 19, 1991 AUGUST 4, 1997 JANUARY 6, 1986 APRIL 1, 1991 OCTOBER 21, 1997 MARCH 5, 1986 JUNE 25, 1991 JANUARY 20, 1998 MARCH 18, 1986 AUGUST 5, 1991 APRIL 21, 1998 - AUGUST 4, 1986 SEPTEMBER 3, 1991 OCTOBER 13, 1999 NOVEMBER 3, 1986 OCTOBER 7, 1991 OCTOBER 19, 1999 JANUARY 5, 1987 OCTOBER 22, 1991 MARCH 14, 2000 MARCH 24, 1987 JANUARY 6, 1992 SEPTEMBER 5, 2000 JULY 7, 1987 AUGUST 3, 1992 AUGUST 21, 2001 , OCTOBER 5, 1987 AUGUST 4, 1993 - SEPTEMBER 18, 2001 FEBRUARY 1, 1988 SEPTEMBER 7, 1993 NOVEMBER 19, 2001 APRIL 4, 1988 JANUARY 1, 1994 DECEMBER 10, 2002 JULY 5, 1988 JANUARY 4, 1994 MAY 20, 2003 OCTOBER 3, 1988 MARCH 1, 1994 JUNE 26, 2003 TABLE OF CONTENTS ARTICLE TITLE PAGES i GENERAL PROVISIONS 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 5-1-5-3 VI APPLICATION OF DIMENSIONAL REQUIREMENTS 6-1-6-65 VII PLANNED DEVELOPMENT DISTRICTS 7-1-7-48 VIII SPECIAL USES 8-1-8-38 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 21-1-21-5 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 11 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 -1 -a 4.2 District Statements of Intent and Application Criteria 4 -1 -a 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 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 (0/1) 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-[ (L -1) District 4 -8 4.2.22 Medium Industrial -II (1 -2) District 4 -8 4.2.23 Heavy Industrial -III (1 -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 -f 6.18.3 Antennas not located on telecommunications towers 6 -25 -g 6.18.4 Minimum Standards for Telecommunications towers 6 -25 -1 6.18.5 Master Telecommunications Plan ( "Plan ") 6 -25 -n 6.19 Federal Wetlands Permits 6 -25 -o 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 -o 6.21 Mobile Home Standards 6 -25 -o 6.21.1 Existing or New Mobile Home Parks 6 -25 -o 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 to 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 6.30 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 6.31.8 Lighting for Vehicular Canopies 6 -64 6.31.9 Outdoor Sports Field /Outdoor Performance Area 6 -65 B.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 7.20.4x) Mobile Home Space Requirements 7-39 7.20.4b) Mobile Horne 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 7.20.4i) 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 Additional Information 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 Additional Information 8 -10 -15 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 8.83.1 Additional Information 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 Additional Information 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 Additional Information 8 -15 8.8.6.2 Standards of Evaluation 8 -15 8.8.7 Reserved 8 -16 8.8.8 General Aviation Airports, STOL and Heliports (Class A Special Use) 8 -16 8.8.8.1 Additional Information 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 Additional Information 8-17 8.8.10.2 Standards of Evaluation 8 -17 8.8.11 Kennels or Riding Stables /Academies (Class B Class II Special Use) 8-17 8.8.11.1 Additional Information 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 Additional Information 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 Additional Information 8 -18 -15 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 Additional Information 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 Additional Information 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 Additional Information 8 -19 8.8.17.2 Standards of Evaluation 8 -20 8.8.18 Buildings for Temporary Use (Class B Special Use) 8 -24 -b 8.8.18.1 Additional Information 8 -24 -b 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 -c 8.8.19.1 Additional Information 8 -24 -c 8.8.19.2 Standards of Evaluation 8 -24 -c 8.8.20 Residential Hotel, Dormitory, Fraternity, Sorority, Religious Quarters (Class A Special Use) 8 -24 -d 8.8.20.1 Additional Information 8 -24 -d 8.8.20.2 Standards of Evaluation 8 -24 -d 8.8.21 Recreational Facilities (Class B Special Use) 8 -24 -d 8.8.21.1 Additional Information 8 -24 -d 8.8.21.2 Standards of Evaluation 8 -25 8.8.22 Waste Management Facility, Hazardous and Toxic. (Class A Special Use) 8 -25 8.8.22.1 Additional Information 8 -25 8.8.22.2 Standards of Evaluation 8 -26 8.8.23 Planned Developments 8 -26 8.8.23.1 Additional Information 8 -26 8.8.23.2 Standards of Evaluation 8 -26 8.8.24 Historic Structures- Non - Residential Reuse /Mixed Use (Class A Special Use) 8 -26 8.8.24.1 Additional Information 8 -26 8.8.24.2 Standards of Evaluation 8 -27 8.8.25 Non - Profit Educational Cooperative 8 -28 8.8.25.1 Additional Information 8 -28 8.8.25.2 Standards of Evaluation 8 -29 8.8.26 Modification of Impervious Surface Limitations 8 -30 8.8.26.1 Additional Information 8 -30 8.8.26.2 Standards of Evaluation 8 -30 -a 8.8.27 Site Specific Development Plans 8 -31 8.8.27.1 Additional Information 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 Additional Information 8 -32 8.8.28.3 Standards of Evaluation 8 -34 8.8.28.4 Other Requirements 8 -36 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 -2 -a 12.5 Land Use Buffer Requirements 12 -4 -a 12.6 Standards for Required Land Use Buffers 12 -5 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 20.8 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 -3 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 -4 012 1 Penalties; Enforcement Action 23 -4 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 4.3 PERMITTED USE TABLE • = PERMITTED USE A = CLASS A SPECIAL USE (ARTICLE 8) B - CLASS B SPECIAL USE (ARTICLE 8) (1) Amendments: 1 -5-87 3 -1 -94 10 -21 -97 1 -20 -98 (2) RB AR R7 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI Ell 11 12 13 AS ED PIDI PIDII S1 Garden Center (On Premises Sales) S2 Agricultural Services Uses S3 Animal Hospitals; Veterinarians * * * * * * m m S4 Assembly Facility Less Than 300 * * ° D 1c: S5 Assembly Facility Greater Than 300 * '` n IV S6 Banks & Financial Institutions S7 Beauty & Barber Shops m 3 m SS Clubs or Lodges; Social; Fraternal or Union Clubhouses m C S9 Drive In Theatres * CL a 0 S10 Farm Equipment & Sales * * * * * o 0 S11 Feed, Seed, Storage & Processing 0 v m S12 Funeral Homes * * `D 0 v 3 S13 Greenhouses (No On Premises Sales) m v S14 Greenhouses (On Premises Sales) rn 5. S15 Health Services: Under 10,000 Sq. Ft S16 Health Services: Over 10,000 Sq. Ft. S17 Hospitals RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 Ell 11 12 13 AS ED PIDI PIDII (1) Amendments: 1 -5-87 3 -1 -94 10 -21 -97 1 -20 -98 (2) 4.3 PERMITTED USE TABLE * = PERMITTED USE A = CLASS A SPECIAL USE (ARTICLE 8) B = CLASS B SPECIAL USE (ARTICLE 8) Amendments: (1) 3 -18-86 (2) 1 -5-87 (3) 5 -16-89 (4) 10 -22 -91 (5) 3 -1 -94 (5) RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 El 11 12 13 AS ED PIDI PIDII S18 Commercial Feeder Operation S19 Junkyards A A A m S19a Class I Kennels (3) * * * * * * ° D tD rn N S20 Class If Kennels/Riding Stables (3) B B B B B B S20a Massage, Business of (1) m v m m S21 Laundry & Dry Cleaning Services * * * * * ° v 3 m v bpi S22 Libraries * * * * * n S23 Motor Freight Terminals a. N O S24 Motor Vehicle Maintenance & Repair * * * m (Body Shop) 0 S24a Motor Vehicle Repair Garage * * 0 0' v m S25 Motor Vehicle Sales Rental * * * * * * m (New & Used) (4) 3 S26 Motor Vehicle Services Stations * * * * * 1D m v S27 Nightclubs, Bars, Pubs v N Offices & Personal Services, That ° N Attract Few Customers or Clients on S28 Premises Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts Beyond The S ace Occupied by the Building RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI EI 11 12 13 AS ED PIDI PIDII Amendments: (1) 3 -18-86 (2) 1 -5-87 (3) 5 -16-89 (4) 10 -22 -91 (5) 3 -1 -94 (5) *6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY DISTRICTS *Amended 1/1/94 Pursuant to requirements of North Carolina General Statute 143 -214.5 (Chapter 143, Article 21), thirteen (13) Watershed Protection Overlay Districts, as described in Article 4.2.27 of this Ordinance, have been established for lands within the watersheds of existing or potential drinking water rivers a nd reservoirs. These districts overlay other zoning districts established in this Ordinance and delineated on the Orange County Zoning Atlas. Wherever standards of the underlying zoning district differ from the watershed overlay standards, the more restrictive provisions shall apply. 6.23.1 LAND USE RESTRICTIONS Amended 5/21/97 1120198 All uses and activities allowed in the underlying zoning district are p ermitted With the following exceptions: DISTRICT LAND USE RESTRICTIONS UNIV -CA No new landfills are permitted. UNIV -PW No commercial or industrial uses are permitt ed. CANE -CA No new golf courses are permitted. U- ENO -CA UNIV -CA No residual (sludge) application is permitted. CANE -CA U- ENO -CA CANE-PW No discharging landfills are permitted. U- ENO -PW Industrial use is limited to non - hazardous light industrial uses HYCO -PW characterized by low water use (less than 10,000 gpd, excluding domestic LITTLE -PW water (25 gpd per employee) and water used for heatirig and air BACK -PW conditioning). FLAT -PW HAW -PW L- ENO -PW JORDAN -PW 6 -26 6.23.2 RESIDENTIAL DENSITY Maximum residential density shall be as indicated in the Table below, or as required by the underlying zoning district, whichever is less. "Amended 1/17/95 10/19/99 DISTRICT MAXIMUM DENSITY UNIV -CA 1 du /five acres. UNIV -PW Lots of record existing on October 2, 1989 may contain up to, but no more than, five lots with a density of one du /two acres. Contiguous lots of record existing on October 2, 1989 may be combined into one parcel for development. The number of two -acre lots and the total number of lots in the combined parcel cannot exceed the sum of the number of lots which could be created from each lot of record. CANE -CA 1 du/ five acres CANE -PW Lots of record existing on October 19, 1999 may contain up to, but no (Amended more than, five lots as small as two acres in size. Contiguous lots of 10/19/99) record existing on October 19, 1999 may be combined into one parcel for development. The number of two -acre lots and the total number of lots in the combined parcel cannot exceed the sum of the number of lots which could be created from each lot of record. U- ENO -CA 1 du / 2 acres LITTLE -PW HYCO -PW 1 du/ 40,000 square feet (.92 acre) FLAT -PW U- ENO -PW Maximum density is as permitted in the underlying zoning district. L- ENO -PW HAW -PW Structural BMPs are required in some cases where density exceeds 1 JORDAN -PW dwelling unit per acre. Refer to Article 6.23.3c1. BACK -PW 1 11 6 -27 6.23.3 STORMWATER INFILTRATION AND DETENTION As a watershed becomes more developed, the amount of impervious surface increases, causing a decrease in the rate at which stormwater runoff which can be absorbed into the soil. This results in more stormwater flowing directly into streams and other water bodies. Because this direct runoff has not been filtered through the soil, pollutants from the air and land surface enter streams and increase the potential for pollution of drinking water supplies. The effects of stormwater pollution on drinking water supplies can be minimized by one of two general approaches. First, the amount of stormwater runoff which reaches drinking water supplies can be controlled by assuring that there is adequate ground area into which water can be absorbed. This type of non- structural control is achieved through limitations on impervious surface. A second approach is to collect stormwater run -off in engineered ponds so that pollutants m ay s ettle. The water is then slowly released and contains fewer impurities when it reaches the water supply reservoir. The watershed protection standards adopted by Orange County utilize a combination of these two approaches. aj Non - Structural Stormwater Control The first inch of stormwater run -off shall be controlled to the extent possible through on -site infiltration and through the use of methods which rely on natural soil properties for absorption and treatment. In order to promote infiltration of stormwater runoff into the soil and minimize direct and immediate runoff into streams and water supply impoundments, the maximum percentage of the total lot area which may be covered with an impervious surface shall be specified. This limit is referred to as the "impervious surface ratio ". Impervious surface calculations for an individual development shall be cumulative for original construction and any subsequent additions. One - half of the width of any of any existing or proposed road adjacent to an individual lot shall be included as impervious surface for that lot, except in the case where an existing road was contained within a dedicated public right -of -way at the time that the watershed regulations were first applied to the watershed within which the development is located. Infiltration techniques not only remove both suspended and dissolved pollutants, but they require less maintenance, reduce flooding, promote groundwater recharge and help maintain stream flow during dry periods. Where on -site infiltration methods are utilized, areas for such purposes shall be designated on the plat and shall remain undisturbed both during and after construction. Undisturbed areas for infiltration of run -off shall also be located downslope from impervious surfaces and shall not include areas characterized by floodplains, highly erodible or impervious soils, steep slopes or previously disturbed areas. Areas designated as suitable for septic tank nitrification fields may not be used for stormwater infiltration purposes. 6 -28 Run -off from roads, parking lots, and /or sidewalks shall be directed to undisturbed areas through use of berms, grassed diversion ditches or swales, or other acceptable means to reduce run -off velocity and filter out pollutants. b) Structural Measures Non - structural methods may not adequately control the first inch of stormwater runoff due to the amount of impervious surface proposed to be developed, and other factors such as soil type, slope, presence of floodplains and erodible soils, and /or lack of vegetative cover. In such cases, structural detention ponds, which capture stormwater for slow release through an outlet, are required. Where required, detention ponds shall be constructed in accordance with Appendix A. c) Impervious Surface and Detention Pond Requirements For all protected watersheds, there is a absolute limit on the percentage of I of a rea w hich c an b e c overed w ith i mpervious s urfaces. I n s ome cases, detention ponds are required when the proposed impervious surface ratio exceeds a specified percentage, which is below the absolute limit. Impervious surface and detention pond requirements are as follows: 6 -29 1. Residential Development Amended 1/4/94:8/21/01 DISTRICT IMPERVIOUS SURFACE /DETENTION POND REQUIREMENTS (RESIDENTIAL) UNIV -CA 6% impervious surface limit. UNIV -PW EXCEPT for all lots which existed prior to 4/2/90, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). * BMPs cannot be used to satisfy watershed impervious surface requirements. CANE -CA 6% impervious surface limit. CANE -PW EXCEPT for lots smaller than two acres which existed U- ENO -CA prior to 1/1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). * BMPs cannot be used to satisfy watershed Impervious surface requirements. LITTLE -PW 6% impervious surface limit. EXCEPT for lots which existed prior to 1/1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). * BMPs cannot be used to satisfy watershed impervious surface requirements. FLAT -PW 12% impervious surface limit for new and existing lots. HYCO -PW * BMPs cannot be used to satisfy watershed Impervious surface requirements. U- ENO -PW 12% impervious surface limit for existing and new lots BACK -PW outside of Transition Areas as designated in the Orange County Land Use Plan. * BMPs cannot be used to satisfy watershed impervious surface requirements. 30% impervious surface limit for developments which exceed a density 1 du /acre within Transition Areas as designated in the Orange County Land Use Plan. Structural BMPs are required if impervious surface exceeds 12 %. L- ENO -PW 24% impervious surface limit with curb and gutter. 36% impervious surface limit without curb and gutter. * BMPs cannot be used to satisfy watershed impervious surface requirements. HAW -PW 24% impervious surface limit. JORDAN -PW * BMPs cannot be used to satisfy watershed impervious surface requirements. * BMP's as mandated by the Stormwater Management Program for Lands within the Neuse River Basin are allowed. 6 -30 SLIDING SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE RATIOS Lot Size ISR Square Acres Feet 6+ Ac 5.0 6.0 5.0 13,068 5.9 5.1 13,107 5.8 5.2 13,138 5.7 5.3 13,159 5.6 5.4 13,172 5.5 5.5 13,177 5.4 5.6 13,172 5.3 5.7 13,159 5.2 5.8 13,138 5.1 5.9 13,107 5.0 6.0 13,068 4.9 6.2 13,234 4.8 6.4 13,381 4.7 6.6 13,512 4.6 6.8 13,625 4.5 7.0 13,721 4.4 7.2 13,880 4.3 7.4 13,861 4.2 7.6 13,904 4.1 7.8 13,930 4.0 8.0 13,939 3.9 8.2 13,930 3.8 8.4 13,904 3.7 8.6 13,861 3.6 8.8 13,800 3.5 9.0 13,721 3.4 9.2 13,625 3.3 9.4 13,512 3.2 9.6 13,382 3.1 9.8 13,234 3.0 10.0 13,068 2.9 10.2 12,885 2.8 10.4 12,685 2.7 10.6 12,467 2.6 10.8 12,232 2.5 11.0 11,979 2.4 11.2 11,709 2.3 11.4 11,421 2.2 11.6 11,116 2.1 11.8 10,794 2.0 12.0 10,454 1.9 12.2 10,097 1.8 12.4 9,723 1.7 12.6 9,331 1.6 12.8 8,921 1.5 13.0 8,494 1.4 13.2 8,050 1.3 13.4 7,588 1.2 13.6 7,109 1.1 13.8 6,612 1.0 14.0 6,098 0.9 14.2 5,567 0.8 14.4 5,018 0.76 14.6 4,452 0.6 14.8 3,868 0.5 15.0 3,267 6 -31 2. Non- Residential Development A— J J A/A /AA. AA14 A /AA. 0M111) 1 /'V IIGI IUGU 1 /Y /.7T, IVi I�IVV, v IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS DISTRICT (NON- RESIDENTIAL) UNIV -CA Same as Residential (See previous Table) UNIV -PW CANE -CA 5 -acre minimum lot size, with potential of up to five lots as small as two acres for lots of record October 19, 1999 (Amended 10- 19 -99); AND 6% impervious surface limit. * BMPs cannot be used to satisfy watershed impervious surface requirements. U- ENO -CA 2 -acre minimum lot size AND 6% impervious surface limit. * BMPs cannot be used to satisfy watershed impervious surface require ents. CANE -PW 5 -acre minimum lot size with potential of up to five lots as small as two acres for lots of record October 19, 1999 (Amended 10- 19 -99); AND 50% ISR for all fire stations and solid waste collection centers; AND 12% ISR for all other non - residential uses; AND on -site infiltration of the first inch of stormwater runoff; AND a limit of 1.0% of the watershed for non - residential use (139 acres in CANE -PW). * BMPs cannot be used to satisfy watershed impervious surface requirements. LITTLE -PW 2 -acre minimum lot size AND 50% ISR for all fire stations and solid waste collection centers; AND 12% ISR for all other non - residential uses; AND on -site infiltration of the first inch of stormwater runoff; AND a limit of 1.0% of the watershed for non - residential use (139 acres in CANE -PW). * BMPs cannot be used to satisfy watershed impervious surface re uirements. .J * BMP's as mandated by the Stormwater Management Program Tor Lanus wQnin one ntpu*v RIYCI pa* 1. a'. auvvcu. 6 -32 U- ENO -PW 70% BACK -PW ISR in Commercial and /or Industrial Nodes as designated in.the Land Use Element of the Comprehensive Plan (high- density option) with structural BMPs if ISR > 12 %; AND 50% ISR for all fire stations and solid waste collection centers outside of Commercial and /or Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan, with structural BMPs if ISR > 12 %; AND 12% ISR for all other non - residential uses outside of Commercial and /or Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan (* BMPs cannot be used to satisfy watershed impervious surface requirements); AND on -site infiltration of the first inch of stormwater runoff; AND A limit of 1,151 acres of non - residential use throughout U- ENO -PW (5.0 %) and 163 acres throughout BACK -PW (1 %). HYCO -PW 50% ISR for all fire stations and solid waste collection centers; FLAT -PW AND 12% ISR for all other non- residential uses; AND on -site infiltration of the first inch of stormwater runoff; AND a limit of 1 % of the watershed for non - residential use (37 acres in HYCO -PW, 66 acres in FLAT -PW). * BMPs cannot be used to satisfy watershed impervious surface requirements. L- ENO -PW 70% impervious surface, with structural BMPs required when impervious surface exceeds: 24% (w/ curb and gutter); or 36% w/o curb and gutter). HAW -PW 24% impervious surface limit. JORDAN -PW * BMPs cannot be used to satisfy watershed impervious surface requirements. * BMP's as mandated by the Stormwater Management Program for Lanus wnnm L11V V.GUba F%C1 paS. " a1- 6 -33 3. Modifications of the Impervious Surface Ratio Modifications of the Impervious Surface Ratios my be requested through one of the following provisions: a) Through variance procedures of the Board of Adjustment, as described in Article 6.23.11 b. b) Through approval and recordation of a conservation agreement, as provided in Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner that prohibits development of land in a protected watershed in perpetuity. In such cases, a modification of the required impervious surface ratios may be approved administratively but only to the extent that additional land in the same watershed is conserved or protected from development. In such instances, the land which will be subject to a conservation agreement must be adjacent to the land proposed for development and for which a modification of the impervious surface ratios is sought. As an example, a person owning a 40,000 square foot lot and subject to a 12 percent impervious surface ratio would be limited to 4,800 square feet of impervious coverage. If the person's plans called for 5,500 square feet of coverage (a difference of 700 square feet), the recording of a conservation easement on 5,833 square feet of contiguous property would satisfy the impervious surface ratio requirements. (12% of 5,833 square feet is 700 square feet.) The conservation easement shall describe the property restricted in a manner sufficient to pass title, provide that its restrictions are covenants that run with the land and, in form, be approved by the County Attorney. The conservation easement shall, upon its recording, be in the place of a first priority lien on the property (excepting current ad valorem property taxes) and shall remain so unless, with the approval of Orange County, it is released and terminated. Orange County shall require the priority of the conservation easement to be certified by and attorney -at -law, licensed to practice law in the State of North Carolina and approved to certify title to real property by a lending institution (bank or savings and loan association) doing business in Orange County. Orange County approval of a release or termination of the conservation agreement shall be declared on the document releasing or terminating the agreement. The document shall be signed b y t he Orange County Manager, upon approval of the Orange County Board of Commissioners. No such document shall be effective to release or terminate the conservation agreement until it is filed for registration with the Register of Deeds of Orange County. 6 -34 6.23.4 OPERATION AND MAINTENANCE OF STRUCTURAL BMPs (DETENTION PONDS) a) Posting of Financial Security All stormwater control structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance. Financial assurance shall be in the form of one of the following: 1. Security Performance Bond or Other Security The permit applicant shall obtain either a performance bond from a surety bonding company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at face value payable to Orange County or placed in escrow with a financial institution designated as an official depository of Orange County. The bond or other instrument shall be in an amount equal to 1.25 times the total cost of the stormwater control structure, as estimated by the applicant and approved by the County Engineer. The total cost of the stormwater control structure shall include the value of all materials such as piping and other structures; seeding and soil stabilization; design and engineering; and, grading, excavation, fill, etc. The costs of the stormwater control structure shall not be prorated as part of a larger project, but shall be costed as a separate project. Upon default of the permit applicant to complete and /or maintain the stormwater control structure as spelled out in the performance bond or other security, the County may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. The Board shall return any funds not spent in completing the improvements to the owning entity. 2. Cash or Equivalent Security Deposited After Release of the Performance Bond The permit applicant shall deposit w ith O range C ounty e ither c ash o r other instrument approved by the County Attorney that is readily convertible into cash at face value. The cash or security shall be in an amount equal to fifteen (15) percent of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten (10) year period, whichever is greater. The estimated cost of maintaining the stormwater structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer under Article 6.23.4b2. The amount shall be computed by estimating the maintenance cost for twenty -five (25) years and multiplying this amount by two -fifths or 0.4. Upon default of the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the Operation and Maintenance Agreement, the County shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. Such expenditures of funds shall only be made after exhausting all other reasonable remedies 6 -35 seeking the owning entity to comply with the terms and conditions of the Operations and Maintenance Agreement. The County shall not return any of the deposited cash funds. b) Maintenance and Upkeep 1. Operation and Maintenance Agreement Required The permit applicant shall enter into a binding Operation and Maintenance Agreement between Orange County and all interests in the development. Said Agreement shall require the . owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and management plan or manual prepared by the developer. The Operations and Maintenance Agreement shall be filed with the Orange County Register of Deeds. 2. Operation and Maintenance Plan Required An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the Operations and Maintenance Agreement, who is responsible for those actions. The Plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to its design specifications if a failure occurs. 3. Landscaping and Grounds Maintenance Landscaping and grounds maintenance shall be the responsibility of the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater structure. 4. Repair or Reconstruction Except for general landscaping and grounds maintenance, the owning entity shall notify the County prior to any repair or reconstruction of the stormwater structure. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operations and maintenance plan or m anual. A fter notification by the owning entity, the County Engineer and /or Erosion Control Supervisor shall inform the owning entity of any required additions, changes or modifications and of the time period to complete said improvements. 6 -36 5. Minor Amendments to Plans and Specifications Amendments to the plans and specifications of the stormwater control structure and /or the operation and maintenance plan or manual may be approved by the County Engineer, provided that the changes do not involve a change in the size or location of the structure. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) and submitted to and reviewed by the Erosion Control Supervisor prior to consideration by the County Engineer. a. If the County Engineer approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the Erosion Control Supervisor. b. If the County Engineer disapproves the changes, the proposal may be revised and resubmitted to the Erosion Control Officer as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to the applicant. C. The County Engineer shall report a ny s uch r evisions t o the Board of County Commissioners at the next available regular meeting. 6. Maior Amendments to Plans and Specifications Amendments to the plans and specifications of the stormwater control structure and /or the operation and maintenance plan or manual which involve a change in the size or location may be approved by the Board of Commissioners after receiving a recommendation from the County Engineer. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) and submitted to and reviewed by the Erosion Control Supervisor prior to review by the County Engineer. 7. Revision of Plan Required if Found to be Inadequate If the County finds that the operations and maintenance plan or manual is inadequate for any reason, the owning entity shall be notified of any required changes and shall prepare and file copies of the revised agreement with the Orange County Register of Deeds, the Erosion Control Supervisor, and the owning entity. c) Inspection and Release of the Performance Bond 1. Inspection by Erosion Control Supervisor The stormwater control structure shall be inspected by the Erosion Control Supervisor, after the owning entity notifies the 6 -37 Erosion Control Supervisor that all work has been completed. At this inspection, the owning entity shall provide: a. The signed deed, related easements and survey plat for the s tormwater c ontrol s tructure r eady f or f iling with the Orange County Register of Deeds; and b. A certification sealed by an engineer or landscape architect (to the extent that the General Statute, Chapter 89A, allow) stating that the detention pond is complete and consistent with the plans and specifications. 2. Submittal of Inspection Report to County Engineer The Erosion Control Supervisor shall present materials submitted by the developer and the inspection report and recommendations to the County Engineer. a. If the County Engineer approves the inspections report and accepts the certification, deed and easements, he /she shall file the deed and easements with the Orange County Register of Deeds, release up to seventy -five (75) percent of the value of the performance bond or other security and issue a Watershed Protection Compliance Permit for the stormwater control structure. b. If deficiencies are found, the County Engineer shall direct that the improvements and inspections be made and /or documents corrected and resubmitted to the County Engineer. 3. Watershed Protection Compliance Permit Required Prior to Occupancy No Building Permit or Certificate of Occupancy may be issued in the absence of a valid Watershed Protection Compliance Permit. 4. Release of Remaining Security No sooner than one (1) year after the filing date of the deed, easements and maintenance agreement, the developer may petition the Board of Commissioners to release the remaining value of he performance bond or other security. Upon receipt of said petition, the County Engineer shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. The County Engineer shall present the petition, inspection report and recommendations to the Board of Commissioners. a. If the Board of Commissioners approves the report and accepts the petition, the developer shall deposit with Orange County a cash amount equal to that described in Article 6.23.4a1, after which, the Board shall release the performance bond or other security. 6 -38 b. If the Board of Commissioners does not accept the report and rejects the petition, it shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other security. 5. Annual Inspection Required Amended 1 -20 -98 a. All stormwater structures shall be inspected by Orange County at least on an annual basis to determine whether the controls are performing as designed and intended. Records of inspections shall be maintained on forms approved or supplied by the North Carolina Division of Water Quality. Annual inspections shall begin within one (1) year of the filing date of the deed for the stormwater control structure. b. In the event the County Engineer discovers the need for corrective action of improvements, he/she shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specification of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the County Engineer shall inspect and approve the completed improvements. 6.23.5 PLACEMENT OF STREETS, DRIVEWAYS AND BUILDINGS Streets, driveways, and buildings or other structures shall be located, to the extent reasonable possible, so as to take full advantage of the absorptive capacity of the soils on which they are to be situated and to avoid the following environmentally sensitive areas: 1) Stream buffer zones as required by Article 6.23.7; 2) Wetlands as defined by the U.S. Army Corps of Engineers; 3) Land with slopes greater than fifteen percent (15 %); and 4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC. To avoid creating lots that will be difficult to build upon in compliance with the standards of this Article, the preliminary plan shall show proposed building envelopes and approximate driveway locations for all lots within subdivisions. Thereafter, no zoning compliance permit may be issued for the construction of buildings or driveways outside the areas so designated on the preliminary plan unless t he Z oning O fficer m akes a w ritten f inding t hat t he proposed location complies with the provisions of this Article. 6.23.6 UNDISTURBED AREA Because soils which are seriously disturbed, even if re- vegetated, can generate nearly as much run -off as paved areas, a portion of property being developed within watershed critical areas must remain undisturbed during construction. 6 -39 DISTRICT UNDISTURBED AREA UNIV -CA The area necessary to meet impervious surface requirements shall CANE -CA remain undisturbed during the construction process. U- ENO -CA The area to remain undisturbed shall include portions of the lot utilized for stormwater infiltration. All clearing limits shall be clearly marked and observed. All Other Watershed As may be required pursuant to an approved grading permit or Overlay Districts erosion control plan. 6.23.7 STREAM BUFFERS Amended 9/18/01 5/20/03 a) Definition See Article 22 Stream Buffer b) Permitted Uses Within Stream Buffers *Amended 1 -17 -95 The following uses are allowed as a matter of right in stream buffers. All other uses are prohibited, except as provided in Article 6.23.10 of this Ordinance. 1) Above - ground and buried utility lines for local distribution of electricity, telephone and cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes, and individual or community wells. Individual or community wastewater disposal systems are not permitted in stream buffers. Public water and sewer lines are permitted only as allowed by the Orange County Water and Sewer Policy, and may be located within stream buffers only to the extent necessary to cross the stream buffer as closely as possible to perpendicular. 2) Public and private streets, bridges and railroad rights -of -way, provided that they enter and exit the buffer area as nearly perpendicular as possible. c) Land Disturbance and Planting of Vegetation 1) Area within a stream buffer which is subject to serious erosion may be disturbed for the purpose of planting and maintaining erosion- resistant vegetative cover. Amended 5/21/97 2) Existing forested areas or any other healthy vegetation cannot be removed from a stream buffer, except where replaced with vegetation resulting in comparable stormwater runoff velocity and quantity one year after planting. 6 -40 An exception shall be allowed for golf courses where the line of play crosses a stream buffer. Only trees which obstruct the intended line of play may be cut, provided stumps and root mass are not removed and trees which are cut can be removed in a sensitive manner which minimizes additional disturbance to the stream buffer. 3) New vegetation shall be planted to capture non - source pollutants before they reach the perennial stream, as per applicable Orange County Standards. Amended - s /18101 d) Calculating Width of Stream Buffer Those streams identified by FEMA as having floodplains shall have stream buffers calculated from the outside edges of the floodplain. 1) How to Calculate Slope a. Draw 250' length perpendicular lines, at 200- foot horizontal intervals along the entire length of the outside edges of the stream, or the outer edge of the FEMA floodplain, whichever is greater. b. Determine the elevation at either the stream bank itself (1) or the outer edge of the FEMA floodplain, whichever is highest, and at the point 250' from the stream or FEMA floodplain, whichever is applicable, along the perpendicular line (2). c. Subtract (1) from (2). d. Divide c. by 250. e. Multiply d. by 100. f. Perform this calculation for both sides of the stream or floodplain. Hereafter, the number derived in e. will be referred to as "slope value." 2) Method A — Stream Buffer Based on Slope and Groundcover The width of the buffer shall be a minimum of fifty (50) feet from each edge of the floodplain. In addition to the fifty (50) foot buffer, an additional 15 feet shall be added to the 50 -foot buffer (65 feet total) where the slope value is less than 7.5 %, as measured 250 feet from the edge of the floodplain. For slope values 7.5% and greater, as measured 250 feet from the edge of the floodplain, an additional 30 feet shall be added to the 50- foot buffer (80 feet total). These calculations shall be made from each side of either the stream bank or floodplain, whichever is greater. R.d1 3) Method B - Stream Buffer Based on Slope and Groundcover STREAM BUFFER WIDTH (IN FEET) MINIMUM STREAM BUFFER WIDTH BASED ON SLOPE AND GROUNDCOVER' The buffer width adjacent to streams shall be calculated for both Method A and Slope Value Type of Groundcover Grass Wood The same method shall be used to calculate the buffer around the reservoir itself. s 2 to 4.9 100 50 5 to 9.9 150 100 10 to 14.9 200 100 15 or greater 250 150 !n addition to the buffer zone resulting from the calculations below, a stream buffer shall include any portion of a floodplain as defined in the Orange County Flood Damage Prevention Ordinance, by special survey by a registered engineer or surveyor, or by alluvial soils as designated in the Orange County Soils Survey. The required stream buffer zone shall not be limited to one calculation, but shall be based on calculations made at points where topographical and ground cover conditions change based on an anal sis of the site. e) Minimum Buffer Width Required DISTRICT MINIMUM STREAM BUFFER WIDTH UNIV -CA The buffer width adjacent to streams shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150' from the reservoir or outside of the stream buffer, whichever is greater. UNIV -PW The buffer width shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. CANE -CA The buffer width adjacent to streams shall be the width calculated using Method A. U- ENO -CA The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150' from the reservoir or outside of the stream buffer, whichever is greater. U- ENO -PW The buffer width shall be as calculated using Method A, or 150', whichever is less, L- ENO -PW except where density exceeds 1 du /ac and impervious surface exceeds 12 %. BACK -PW Where density exceeds 1 du /ac and impervious surface exceeds 12 %, the buffer .width shall be calculated as above, but shall not be less than 100'. CANE -PW The buffer width shall be the width calculated using Method A, or 150', whichever is LITTLE -PW less. HYCO -PW FLAT -PW HAW -PW JORDAN -PW 6 -42 6.23.8- WATER SUPPLY /SEWAGE DISPOSAL FACILITIES *Amended 1 -17 -95 7 -1 -96 10 -19 -99 DISTRICT WATER SUPPLY /SEWAGE DISPOSAL UNIV -CA Water supply and sewage treatment systems shall be limited to individual wells UNIV -PW and on -site septic tanks systems or individual on -site alternative disposal systems. All Watershed No new treatment system will be permitted where�effiuent disposal occurs on a Overlay Districts separate lot from the source of wastewater generation; provided, however, off- site systems shall be permitted in all Watershed Overlay Districts except the University Lake Protected Watershed (UNIV -PW) and Critical Area (UNIV -CA) when located in a Flexible Development subdivision approved in accordance with Section IV -13-10 of the Orange County Subdivision Regulations. UNIV -CA New septic tanks and their nitrification fields shall be located outside of any stream buffers, or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS Quadrangle maps, whichever is further. CANE -CA New septic tanks, pump tanks and their appurtenances shall be located U- ENO -CA outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 150 feet from a reservoir. New nitrification fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 300 feet from a reservoir. CANE -PW Water supply and sewage treatment systems shall be limited to individual wells CANE -CA and septic tanks or individual on -site alternative disposal systems; provided U- ENO -CA however, off -site systems shall be permitted when located in a Flexible (Amended 10/19/99) Development subdivision approved in accordance with Section IV -B -10 of the Orange County Subdivision Regulations. UNIV -PW New septic tanks and their nitrification fields shall be located outside of any CANE -PW stream buffers and at least 100 feet from a perennial or intermittent stream as U- ENO -PW shown on the USGS Quadrangle maps. HYCO -PW LITTLE -PW BACK -PW HAW -PW JORDAN -PW L- ENO -PW FLAT -PW 6-43 6.23.9 CLUSTERING DISTRICT CLUSTERING REQUIREMENTS UNIV -CA Clustering of residential lots is permitted in accordance with Section IV -B -9 of UNIV -PW the Orange County Subdivision Regulations, with the additional provision that each lot contains a minimum of one acre. All Other Overlay Clustering of residential lots is permitted in accordance with Section IV -B -10 of Districts the Orange County Subdivision Regulations. 6.23.10 APPLICABILITY *Amended 1 -17 -95 10 -19 -99 9 -18 -01 5 -20 -03 a) Existing Development For the purpose of determining compliance with or applicability of Article 6.23 of this Ordinance, existing development is defined as a residential or non - residential structure which: 1) was constructed prior to January 1, 1994 (October 19, 1999, with respect to the October 19, 1999 amendments related to the CANE - CA and CANE -PW districts and September 19, 2001 with respect to the Stream Buffer /Usable Lot amendments; and May 20, 2003 with respect to the Stream Classification Amendments), or 2) was constructed in accordance with a valid building permit issued prior to January 1, 1994 (October 19, 1999, with respect to the October 19, 1999 amendments related to the CANE -CA and CANE -PW districts and September 19, 2001 with respect'to the Stream Buffer /Usable Lot amendments; and May 20, 2003 with respect to the Stream Classification Amendments), or 3) was included as part of a Site Specific Development Plan approved by the Board of Commissioners prior to January 1, 1994 (October 19, 1999 with respect to the October 19, 1999 amendments related to the CANE -CA and CANE -PW districts and September 19, 2001 with respect to the Stream Buffer /Usable Lot amendments; and May 20, 2003 with respect to the Stream Classification Amendments), or 4) had otherwise established a vested right under North Carolina Zoning law prior to January 1, 1994 (October 19, 1999 with respect to the October 19, 1999 amendments related to the CANE -CA and CANE -PW districts and September 19, 2001 with respect to the Stream Buffer /Usable Lot amendments and May 20, 2003 with respect to the Stream Classification Amendments). Existing development is hereby deemed to be conforming with respect to requirements of Article 6.23 of this Ordinance. Periodic updates to FEMA maps may affect structures located within the floodplain of specific streams. The zoning ordinance text amendments dated September 19, 2001 and May 20, 2003 only affect the Stream Buffer section of the ordinance and are not meant to supersede any FEMA regulations or requirements. 6 -44 b) Redevelopment The rebuilding or replacement of residential or nonresidential structures which are defined as existing development according to Article 6.23.11 a is allowed, provided that the rebuilding or replacement does not result in an increase in the amount of. impervious surface, and does not encroach any farther into stream buffers or setbacks from reservoirs than the previous development. A structure which is rebuilt or replaced in accordance with these provisions is deemed conforming with respect to setbacks from streams and reservoirs required by Articles 6.23.7 and 6.23.8 of this Ordinance. c) Existing Lots An existing lot, for the purpose of determining compliance with Article 6.23, is defined as a lot which was created prior to January 1, 1994, or a lot within the Cane Creek watershed which was created prior to October 19, 1999, with respect to the October 19, 1999, amendments related to the CANE -CA and CANE -PW districts, and non - conforming lots of record. Stream buffers as required by Article 6.23.7, and setbacks for septic systems as required by Article 6.23.8 may be reduced to the extent necessary to allow development of the lot, provided that all of the following criteria are met: 1. The septic system is sized to serve no more than four bedrooms; and 2. The septic tank, drainfield and repair area (where required) can be accommodated on 20,000 square feet of area or less; and 3. The Orange County Planning Staff, in consultation with Orange County Environmental Health and /or the Orange County Engineer has determined that encroachment of the structure into the stream buffer and /or encroachment, of the septic system or repair area into the stream buffer or reservoir setback is necessary in order to provide adequate area for septic disposal and repair while maintaining required separations between wells, septic systems, structures and property lines; and 4. The Orange County Planning Staff, in consultation with Orange County Environmental Health and /or the Orange County Engineer, has determined that the relative locations of the well, septic system and structure maximize the amount of watershed protection that can be achieved while allowing development of the lot. Generally, an exception to setbacks for repair area is preferable to an exception for the initial septic system, and encroachment of structures or gravity septic systems into the setback is preferable to the installation of a septic system pump. 5. The amount of encroachment into the stream or reservoir buffer is the minimum amount which can be obtained while meeting the above criteria. 6 -45 6.23.11 ADMINISTRATION a) Appeals Amended 4 -1 -96 Decisions of the Zoning Officer in the implementation of this Article may be appealed to the Orange County Board of Adjustment in accordance with Article 2.3.7 of this Ordinance. b) Variances Amended Minor variances for dimensional requirements may be approved by the Board 1 -17 -95 of Adjustment in accordance with Article 2.3.6 of this Ordinance. The Board 4 -1 -96 of Adjustment may also approve variance requests to allow the use of off -site 1 -20 -98 septic easements for lots created before January 1, 1994, and for non- conforming lots of record. A Minor Variance is defined as a variance from the minimum statewide water supply watershed protection rules that results in a relaxation by a factor of up to ten (10) percent of any management requirement under t he I ow d ensity requirement. A Major Variance is defined as a variance from the statewide water supply watershed regulations that results in the relaxation by a factor of greater than ten (10) percent of any management requirement under the low density option or the relaxation of any management requirement that applies to a development project requiring construction of a BMP. A description of each project receiving a variance and the reason for granting the variance shall be submitted for each calendar year to the Division of Water Quality on or before January 1 st of the following year. All other local governments having jurisdiction within the watershed area and the entity using the water supply for consumption shall be notified of the proposed exemption. 6.24 Additional Requirements for Lots Outside of Watershed Protection Areas Amended 9/18/01 6.24.1 In areas not identified on the Official Zoning Atlas as Watershed Protection Amended Overlay Districts, a stream buffer a minimum of 50 feet in width shall be 9/18/01 established along both sides of streams identified by any of the following 5/20/03 means: 1) shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps, 2) shown as a water feature in the Orange County Soil Survey, or 3) a water feature identified by a field determination of County staff trained in surface water identification through the North Carolina Division of Water Quality (NCDWQ). Stream buffers shall extend around the perimeter of all other water features if any portion of the stream buffer of a stream touches the water feature. Disputes pertaining to water feature decisions by County staff shall be filed directly to the NCDWQ. Stream buffers for Soil Survey streams shall only be calculated using Method A as explained in Section 6.23.7d. 6 -46 6.24.2 Minimum Usable Lot Area for Lots that Utilize Ground Absorption Wastewater Systems Amended 9/18/01 The usable lot for parcels between 40,000 square feet and 1.99 acres in size shall be a minimum of 30,000 square feet. Zoning lots two acres and greater shall have a minimum usable lot area of at least 40,000 square feet. 6.24.3 Amended 9/18/01 Applicability and administrative provisions of Section 6.23 shall apply to this section. 6.25 RESERVED *6.26 Extra Requirements for the Major Transportation Corridor (MTC) District. *Amended 4 -2 -90 *6.26.1 Permitted Uses *Amended 4 -2 -90 Within the Major Transportation Corridor (MTC) District, uses of land and structures are those permitted in the underlying zoning district or districts. All other requirements for the use of land and structures contained in this Ordinance shall be met unless otherwise provided. *6.26.3 _Approval Requirements *Amended 4 -2 -90 Within the Major Transportation Corridor District, no construction activity shall begin nor shall any excavation, soil removal, filling, grading or disturbance of vegetation, including trees, be commenced, nor any sign erected until such time as a s ite p Ian h as b een a pproved a nd a p ermit i ssued b y t he Z oning Officer in accordance with Section 21.4 of this Ordinance. *6.26.4 Site Plan Requirements *Amended 4 -2 -90 Each application for a permit shall be accompanied by a site plan or plans showing the following: (a) a vicinity map clearly establishing the location of the project. (b) a development summary including total acres, proposed use(s), total building square footage, required and proposed parking spaces. (c) the dimensions and acreage of each lot or portion thereof to be built upon or otherwise used. . - (d) the layout of the entire project including the proposed uses of all building and their relation to surrounding properties. (e) the location and dimensions of present and proposed streets and highways. 6 -47 (f) the location. of points of entry and exit for motor vehicles and internal vehicular circulation pattern. (g) the location and layout of all off - street parking and loading areas. (h) the location of proposed trash dumpsters. (i) all existing and proposed topography at contour intervals of five (5) feet. 0) grading, drainage, sedimentation and erosion control activities. (k) the location of existing and proposed plantings and screenings. (1) the location of existing and proposed water - courses, floodplains, stream buffers and drainage easements. (m) the location of walls, fences, railings and beams and an indication of . their height and construction materials. (n) the location and size of all existing and proposed utilities including water, sewer, gas, and electric lines and structures. (o) identification and location of all site improvements including buildings, streets, water and sewer lines, storm drainage facilities and any other significant site features. (p) the location and dimension of all yard setbacks. (q) title; north arrow; scale; names of owner(s), developer, engineer and /or landscape architect and surveyor; and the date of preparation of the plan(s). *6.26.5 Landscaping and Buffers *Amended 1013/88 412/90 Development shall conform with landscaping and screening requirements as specified in Article 12, Landscaping and Screening, of this Ordinance. In addition to the requirements set forth in Article 12, a minimum of one hundred (100) feet of buffer area from the edge of the right -of -way, shall be preserved. The purpose of this buffer is to protect, preserve and promote the visual appeal, character and value of land adjacent to major transportation facilities; to provide for the separation of spaces; and to promote the public health, safety and welfare through minimizing potential nuisances such as the transmission of noise, odor, dust, litter and glare of lights. In areas of dense mature forest, existing vegetation may be used to fulfill the buffer requirements. Where there is no existing vegetation in the buffer area, or if existing vegetation does not provide a sufficient buffer, all proposed plantings must be shown on the landscape plan to fulfill the buffer requirement. The new plantings shall be predominantly evergreen and shall reach a mature size of at least thirty (30) feet. New trees shall be located so as to establish at maturity a continuous screen in the 100 -foot buffer area along the adjacent interstate highway. 6 -48 Landscaping shall be in accordance with an approved landscaping plan. Any areas left in a natural state shall remain undisturbed except as provided below. Within the buffer areas, necessary ingress, egress and utility service may be allowed, but no other disturbance for site improvements shall be permitted. Selective clearing of vegetation may be allowed only to remove diseased trees or trees weakened by age, storm, fire or other injury. *6.26.6 Yard Requirements "Amended 4/2/90 Building setback and required yard areas for the district are as follows: (a) The front yard requirement shall be one hundred (100) feet from the edge of the right -of -way of an interstate highway or fifty (50) feet from the edge of an intersecting road at an interstate interchange. (b) The rear yard requirement shall be fifty (50) feet from the edge of the rear property line or one hundred (100) feet from the edge of the right - of -way of an interstate highway when a rear yard is adjacent to the interstate. (c) The side yard requirement shall be fifty (50) feet from the side property line or one hundred (1.00) feet from the edge of the right -of -way of an interstate highway where the side property line is adjacent to the interstate. *6.26.7 Off - Street Parking *Amended 4/2/90 Development shall conform with off - street parking requirements as specified in Article 10, Off- Street Parking and Loading, of this Ordinance. *6.26.8 Sign Regulations *Amended 6/4/84 4/2/90 Development shall conform with the signage requirements specified in Article 9, Signs, of this ordinance. *6.27 Large Day Care Homes *Amended 8/5/91 6.27.1 Site Plan Requirements In addition to the information required by Article 14.2, the following shall be submitted as part of an application for site plan approval: a) Evidence that the minimum requirements to qualify for a State of North Carolina large day care home license have been satisfied. b) A f loor p Ian o f t he p roposed I arge d ay c are h ome, s howing t he use and dimensions of each room and the location of entrances and exits. 6 -49 6.27.2 Standards For Evaluation The following standards shall be used in deciding on an application for site plan approval for the use: a) The large day care home is to be located in an area which is free from conditions dangerous to the physical and moral welfare of the children. b) The minimum requirements to qualify for a State of North Carolina large day care home license are satisfied. c) There is direct frontage and access on a public state maintained road. d) Adequate access to and from the site as well as adequate space off the road right -of -way, is provided for the safe pick -up and discharge of children and is provided in such a manner that traffic generated -by the large day care home is not disruptive to adjacent residentially developed properties. e) The site plan shall show how the facilities will be screened from adjacent properties. A Type A 30 foot buffer shall be provided around the large day care home and play area. These buffers will effectively screen the view of any outdoor play area, and reduce noise associated with the day care. f) Each I arge day care home is required to provide at least 75 square feet of outdoor play space for every child in care. This space may not be located in a required buffer or in an area which is used or reserved for use as a sewage disposal nitrification field. Fencing is to be provided around the outdoor space which assures the protection of the children receiving day care and protects adjacent residentially developed properties from trespass. *6.27.3 Large Day Care Home - Application Procedure *Amended 1/6/92 No large day care home may be operated in a residence except as permitted under this Ordinance and only after approval has been issued by the Zoning Officer. An application for a large day care home shall be filed with the Zoning Officer and shall be submitted on forms provided by the Zoning Officer. Such forms shall be prepared so that when completed a full and accurate description of the proposed use, including its location, appearance, and operational characteristics are disclosed. In addition to the application, the applicant is required to submit a site plan of the property on which the large day care home is to be located. The site plan shall show the location of the residence in which the large day care home is to b e I ocated i n r elation t o e xisting p roperty I Ines and adjacent homes; the location, number, and means of access to required off - street parking areas; and the location and type of required landscaping and /or screening. 6 -50 Upon a determination that the application is complete, the Zoning Officer shall cause a review of the application to be made. The review -shall determine if- the proposed large day care home conforms with all requirements of this Ordinance. Based on the review, the application will be approved, approved with conditions, or denied. If conditions are attached to the approval, they may address deficiencies in meeting specific Ordinance requirements or they may address specific impacts which result from the operation of the large day care home. In the latter case, the conditions may include, but not be limited to, limitations on the hours of operation, location of play area, the number of vehicles to be parked on the premises, and the location of a storage area or parking on the property. In addition, the Zoning Officer may require greater setbacks and /or additional landscaping or screening to adequately screen the large day care home from adjoining properties. If the application is approved, either with or without conditions, the Zoning Officer shall send the applicant a letter informing him of the approval and of the requirements of the Ordinance that apply to the large day care home. The letter must be signed by the applicant to indicate his /her willingness to operate the large day care home in conformance with the requirements and conditions set forth in the letter. Each letter shall be kept on file by the Zoning Officer and shall constitute the approval for the large day care home in question. If the application is denied, the Zoning Officer shall notify the applicant of the denial a nd s hall s tate t he reasons f or denial in writing. The applicant may appeal the decision of the Zoning Officer to the Board of Adjustment as set forth in Article 21 of this Ordinance. Each large day care home approved by the Zoning Officer shall be reviewed annually by him /her to assure compliance with the standards of evaluation for such facilities.. The Zoning Officer is authorized to approve minor changes in the approved large day dare home provided. the changes are in harmony with action of the original approval and provided any change in the operation complies with the standards of evaluation as specified in Section 6.27.2 above. Any change in the operation of the large day care home that does not comply with the standards for evaluation as specified in Section 6.27.2 above will constitute a modification and require the approval of the Board of Adjustment under the provisions of Article 8 of this ordinance. *6.28 Affordable Housing *Amended 10/22/91 6.28.1 Density Increase Permitted An increase in density may be permitted on -site or off -site housing opportunities households. A contract shall be approved Orange County Department of Housing and as a condition of Site Plan, Special Use guaranteeing that the reserved units will 6 -51 for developments which provide for low- or moderate - income by the County Attorney and the Community Development (HCD) Permit, or Subdivision approval be purchased by or rented to qualifying households, and shall be binding for a period of not less than 15 years from the date on which the unit is first occupied. The reserved lots or rental units shall be indicated on the site plan or Preliminary Plan. 6.28.2 Applicability a) A density bonus may not be approved for a project located within any Water Supply Watershed designated in the Land Use Element of the Comprehensive Plan. b) A 25% density bonus for duplex or multi - family units may be approved if: A minimum of 40% of the units are to be rented to families earning less than 60% of Orange County median income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development (HUD). (Hereinafter, "median income "). OR ii. A minimum of 20% of the units are to be rented to families earning less than 50% of median income; or c) A 25% density bonus for single - family residential development may be approved if the greater of two (2) units or all of the bonus units are to be sold to families earning less than 80% of median income; or d) A 25% density bonus for single - family residential development may be approved if land with suitable soils or access to public water and sewer is donated to Orange County for the purpose of the development of affordable housing. The donated land shall contain at a minimum the land area needed to develop the greater of two (2) units or the total number of the bonus units, in accordance with the zoning requirements of the district in which the donated land is located, or with minimum lot size of 40,000 square feet in unzoned areas; or e) A 50% density bonus may be approved if at least 20% of the units are to be occupied by families earning less than 50% of median income and the remaining 80% of units are occupied by families earning less than 80% of median income. This bonus shall not apply to lands which have been donated to Orange County in exchange for a density bonus pursuant to d) above. 6.28.3 Contract for Sale of Single - family Residences Approval of the Special Use Permit, site plan, or preliminary plat shall not occur until there is a contract between the property owner and Orange County, which shall also be binding on future owners of the reserved lots. The contract shall be administered by (HCD), and shall include the following provisions: a) All sales and resales shall be approved by HCD to assure ownership by qualifying buyers in accordance with the following eligibility criteria. 6 -52 i) Family income, as defined in Article 22 of this Ordinance, at the time of purchase shall not exceed the limits set forth in Article 6.28.2. Qualifying buyers may also own up to $10,000 in net assets, as defined in Article 22 of this Ordinance, at the time of purchase. ii) At least one member of a qualifying household must have lived or worked in Orange County for the past 12 months. b) The contract shall apply to each of the reserved lots, and shall continue to affect a particular lot for a minimum period of 15 years after the initial sale of that lot. c) There shall be no occupancy of the unit prior to its sale to a qualifying buyer. d) The contract shall include a timeline by which construction and sale of the reserved units will be accomplished. e) The resale p rice of a ny reserved h ousing u nit s hall n ot, a t a ny time during the life of the contract, exceed the maximum amount affordable to the purchasing household. f) The maximum sale or resale price shall be determined by HCD, calculated by using HUD modeling for housing affordability. HUD modeling takes into consideration assumptions such as interest rates, percentage of annual income allowed for housing, and amount of down payment. g) In the event that the financial status of the buyer significantly improves prior to the expiration of the contract period, the buyer may lease the unit, provided that the lessee and the lease are approved by HCD. HCD s hall u se t he standards s et forth in Article 6.28.4 to determine whether or not to approve the lease. In addition, the term of the lease shall be for a minimum period of two years. h) Violation of any of the terms of the contract required by this ordinance may constitute grounds for revocation of the Special Use Permit and rezoning of the land, as provided in Article 7.9 of this Ordinance Certificate of Occupancy. 6.28.4 Contract for Rental of Duplex or Multi - family Units Approval of the Special U se P ermit, s ite p Ian, o r P reliminary P lat s hall n of occur until there is a contract between the property owner or developer and Orange County, which shall also be binding on future owners of the development. The contract shall be administered by HCD, and shall include the following provisions: a) All rentals shall be approved by (HCD) to assure occupancy by qualifying households in accordance with the following eligibility criteria. 6 -53 i) Family income, as defined in Article 22 of this Ordinance, at the time of purchase shall not exceed the limits set forth in Article 6.28.2. Qualifying renters may also own up to $ 5,000 in net assets, as defined in Article 22 of this Ordinance, at the time of initial rental. ii) At least one member of a qualifying household must have lived or worked in Orange County for the past 12 months. iii) Families whose income increases above the eligibility requirements may continue to occupy the rental unit, unless otherwise required through terms of the rental agreement between the lessor and lessee. b) Every change in occupancy during the 15 -year term of the* contract shall be approved by HCD to assure continued compliance with eligibility criteria. C) The maximum rent allowed shall be computed by multiplying the applicable percentage of median income by the value of median income at the time of the transaction, then multiplying the resulting value by the maximum percentage of income spent for housing, as recommended by the mortgage banking industry. The value for median income used in calculating maximum allowable rent shall be adjusted to reflect the maximum family size appropriate for the number of bedrooms, as determined by HCD. 6.28.5 Disclosure of Contract Terms to Potential Home - Buyers a) Staff from the Planning .Department and the Department of Housing and Community Development shall meet with the prospective buyer prior to the purchase to assure that all terms of the contract are fully understood. Explanation of the terms of the contract shall include the following implication: Building permits for the improvements to the structure may be obtained if the owner wishes to' remodel or construct an addition, or construct accessory structures. However, there is no assurance that the investment will be regained if the unit is sold prior to the expiration of the contract due to the requirement that it be purchased by a moderate income household. b) Home - ownership counseling shall be made available to first -time buyers to provide information on such topics as insurance and maintenance. The counseling shall be provided by the Department of Housing and Community Development. 6.28.6 Conveyance of Property to Orange County Land donated to Orange County pursuant to Article 6.28.2.d to enable a developer to obtain a density bonus shall be donated in trust for the purpose of the development of affordable housing. An agreement between the developer and Orange County and the instruments of conveyance shall insure this trust as determined by the County Attorney. 6 -54 *6.29 Development Standards for Economic Development (ED) Districts *Amended 3/1/94 6.29.1 Purpose Goal Six of the Land Use Element of the Comprehensive Plan is the promotion of economic development which emphasizes local employment needs while preserving the character of communities and protecting the natural environment. To that end, these provisions are established to create review procedures and appropriate design standards for application within portions of the county targeted for economic development activities;. e.g., Economic Development Districts. 6.29.2 Design Review Process Before any new site development may be undertaken in an Economic Development District, a site plan must be approved and a zoning compliance permit issued in accordance with the provisions of Article 14 (Site. Plan Approval Procedures) of this Ordinance. Prior to submission of an application for site plan approval, applicants will be required to meet with representatives of the Planning and Inspections, and Economic Development Departments to identify policies, procedures, regulations, and fees applicable to development proposals. Plans for development proposals in an Economic Development District will be reviewed by the Planning and Inspections Department staff for compliance with the standards contained in the following section. Such review will also be carried out in accordance with the provisions of Article 14.3 (Site Plan Review) of this ordinance. In addition to the submittal requirements contained in Article 14.2.2, a complete application shall also include: 1. Building elevation drawings for each proposed structure; and 2. A minimum of two (2) drawings of sections through the site illustrating existing and proposed grades, as well as the relationship of different site features. Failure to meet the criteria for site plan approval listed in Article 14.3, to address agency comments solicited during the plan review process, and /or to adhere to the design standards applicable within Economic Development Districts will result in denial of a development application. In such cases, the development plans will be returned to the applicant with a written explanation of the reasons for denial and the changes required for the application to be approved. An applicant shall have the option of revising the development plans to comply with the site plan and design criteria. As an alternative, the applicant may also submit the plans for the review and approval of the Planning Board and Board of County Commissioners in accordance with the provisions of Article 7 - Planned Development Districts. 6.29.3 Design Standards The design standards applicable within Economic Development Districts are shown on the following pages and are divided into two categories, Land Use Intensity Performance Standards and Design Criteria. The Performance Standards establish "land use intensity ratios ", or ratios of construction to natural features as well as standards to eliminate or mitigate nuisances and undesirable impacts on the environment. The Design Criteria establish standards for landscape and architectural features, parking and circulation, service and storage, and signs and lighting; i.e., how the use "fits" the site and how it relates to the surrounding area. NOTE: The "design standards" referenced in Article 6.29.3 have been prepared as a separate document entitled The Orange County Economic Development Districts Design Manual. Copies of the Zoning Ordinance may be obtained with or without the Design Manual depending upon the needs of the citizen. w rc 6.30 Extra Requirements for the Stoney Creek Basin Overlay District 6.30.1 Purpose The Stoney Creek Basin Overlay District is intended to implement the Stoney Creek Basin Small Area Plan by modifying certain Flexible - Development regulations as contained in Section IV -13-10 of the Orange County Subdivision Regulations, to encourage the distribution and intensity of development areas and open space as specified in the Plan. 6.30.2 Zoning Ordinance and Subdivision Regulations Generally Applicable Within the Stoney Creek Basin Overlay District, provisions of the Orange County Zoning Ordinance and Subdivision Regulations for the underlying zoning districts are applicable, except for certain provisions as specified in Article 6.30.4. 6.30.3 Land Use Intensities Three levels of land use intensity are contained in the Stoney Creek Basin Small Area Plan. These areas are designated in the Plan as lower, intermediate, and higher intensity areas, which are identified, respectively, as Lower Intensity, Intermediate Intensity, and Higher Intensity Development Areas within the Stoney Creek Basin Overlay Zoning District. 6.30.3a Lower Intensity Development Area The Lower Intensity Development Area includes land designated as lower intensity area in the Stoney Creek Basin Small Area Plan. The Lower Intensity area best typifies the area's remaining rural character and is proposed to have the lowest average development densities in the future. The current character of the area is residential development on relatively large lots, with a considerable number consisting of large undeveloped tracts (both open and forested), and active farm land. The Lower Intensity area lies mostly in the central and southern part of the study area. A portion also extends north to 1 -85 in the undeveloped area east of Strayhorn Hills. It contains 2502 acres, 725 of which are contained in Duke Forest or the Stoney Creek wildlife corridor. 6 -57 6.30.3b Intermediate Intensity Development Area The Intermediate Intensity Development Area includes land designated as intermediate intensity area in the Stoney Creek Basin Small Area Plan. The Intermediate Intensity area is intended to provide a transition between higher and lower intensity areas. It is envisioned as being predominantly residential with density being determined in large part by the character of existing development. The Intermediate Intensity area contains 1205 acres, and includes the existing residential developments of Strayhorn Hills and Wyngate, areas bordering University Station Road along the eastern side of the Plan area, and area west of NC 86 adjacent to the 1- 40 /01d NC 86 Economic Development District. 6.30.3c Higher Intensity Development Area The Higher Intensity Development Area includes land designated as higher intensity area in the Stoney Creek Basin Small Area Plan and is generally synonymous with areas designated in the Land Use Element of the Comprehensive Plan as Ten- or Twenty -Year Transition Area. In the future, land within the Higher Intensity area will likely be annexed into the municipalities of Hillsborough or Durham. A mix of land uses is possible. The Higher Intensity area contains 699 acres, most of which lies in the western and northwestern parts of the Stoney Creek Basin Plan Area, with one smaller portion situated on the eastern tip of the area adjacent to the I -85 /US 70 Economic Development District. 6 -58 6.30.4 Applicable Regulations Pertaining to Flexible Developments Flexible Development regulations contained in Article IV -B -10 of the Subdivision Regulations shall apply within the Stoney Creek Basin Overlay District, except as indicated in the Table below: 6 -59 Amended 6!26103 6.31 Outdoor Lighting Standards 6.31.1 Purpose and Intent A. Outdoor lighting is provided for a variety of purposes to the benefit of modern society. For work or recreation, it enables people to see essential detail in order that they may undertake their activities at night. it f acilitates the safety or security of persons or property, for example through lighting on roads and pathways. It may be used to emphasize features of architectural or historical significance, and to light parks and gardens. It is used for advertising or display to promote products or services, or to call attention to commercial premises by means of area lighting or signs. B. It is the intent of this ordinance to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures and lighting systems are designed, constructed, and installed to maintain safety, security and productivity, reduce glare, and curtail the degradation of the nighttime visual environment in addition to Rromoting_conservation of energy. It is the intent of these regulations that lighting unnecessary for safety or security be discouraged. 6.31.2 Definitions AASHTO: American Association of State Highway and Transportation Officials Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that no more than two and one half (2 Y2) percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Direct Light: Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of a luminaire. Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and /or a refractor or lens. Flood Lamp: A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Floodlight: A form of lighting designated to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. 6 -60 Footcandle: (fc) The amount of light falling onto a surface. Full Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see or to cause annoyance, and, in extreme cases, causing momentary blindness. Holiday Decoration: holiday displays, decorations and greetings, which relate to any federally designated holiday, legal holiday or religious holiday. Lamp: The source of electric light: the bulb. To be distinguished from fixture and luminaire. Lumen: A u nit of I uminous f lux. O ne f oot- candle i s one lumen p er square foot. For the purposes of this ordinance, the lumen- output values shall be the INITIAL lumen output ratings of a lamp. Luminaire: A complete lighting system that includes a lamp or lamps and a fixture. Semi -Cutoff Fixture: An outdoor fixture shielded or constructed in such a manner that it emits no more than five (5) percent of its light above the horizontal plane of the fixture, and no more than twenty (20) percent of its light ten (10) degrees below the horizontal plane of the fixture. Upward: Projection of light above the horizontal plane. 6.31.3 Applicability A. All outdoor lighting installed' on public or private property shall comply with the outdoor lighting standards as contained in Section 6.31, unless exempted in Section 6.31.4. B. In the event of a conflict between the outdoor lighting standards as contained in Section 6.31 and any other section of this ordinance, the more stringent requirement shall apply. 6.31.4 Exemptions The following are exempt from the provisions of the outdoor lighting standards as contained in Section 6.31: A. All outdoor liahtina lawfully installed prior to the effective date of the outdoor lighting standards contained in Section 6.31, except the replacement of mercury vapor luminaires. Mercury vapor luminaires, except for single- family residences, must be replaced in conformity with the Outdoor Lighting Standards upon the earlier occurrence of the replacement of the fixture or the lamp. 6 -61 B. Any outdoor lighting, including mercury vapor, used for an individual single - family residence where the residence is constructed as of the effective date of the outdoor lighting standards contained in Section 6.31. C. Bona fide agricultural uses. D. Traffic control signals and devices. E. Temporary emergency lighting (i.e. fire, police, repair workers, highway maintenance and construction, etc.). F. Moving vehicle lights. G. Navigation lights (i.e. airports, heliports, radio /television towers, communication towers, etc.). H. Holiday 'decorations using typical unshielded low- wattage incandescent lights, which are in place no longer than 60 days. I. Security lights of any wattage that are controlled by a motion - sensor switch, which do not remain on longer than 12 minutes after activation, and do not exceed 150 watts (2200 lumens). J. Roadway lighting installed as of the effective date of the outdoor lighting standards as contained in Section 6.31, within State maintained rights -of -way provided that the standards of Sections 6.31.5.E and Section 6.31.6.1 are met except for mercury vapor luminaires Mercury vapor luminaires used for roadway lightinq must be replaced in conformity with the outdoor lighting standards contained in Section 6.31 upon the earlier occurrence of the replacement of the fixture or the lamp. 6.31.5 Submittal Requirements A lighting plan shall be submitted with site plan or preliminary plan approval documents. The plan shall contain the following information: A. Plans, drawn to scale, showing the location, type, and height of outdoor luminaires including both building, pole and ground fixtures; B. A description of the luminaires, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations and product specifications from the manufacturer; C. Photometric data, such as that furnished by the manufacturer, showing the angle of light emission and lumen output; and D. Additional information as may be required by the Planning Department in order to determine compliance with Section 6.31. 6 -62 E. Roadway lighting installed on state maintained roads must meet ASSHTO requirements for light levels and uniformity. Roadway lighting submittal requirements can be obtained in the NCDOT publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights -of- Way ". 6.31.6 General Standards For All Areas A. Unless otherwise specified, the maximum light level shall be 0.5 foot - candle at any residential property line and 1.0 foot - candle at any non- residential property line. B. All floodlights shall be installed such that the fixture shall be aimed down at least forty -five (45) degrees from vertical, or the front of the fixture is shielded such that no portion of the light bulb extends below the bottom edge of an external shield. C. Any facilities that require floodlighting may not arrange the light in such a way that it will shine towards roadways, onto adjacent residential property or into the night sky. D. All flood lamps emitting 1,000 or more lumens shall be aimed at least sixty (60) degrees down from the horizontal, or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right -of -way. E. All wall pack fixtures shall be full cutoff fixtures. F. All lights shall be shielded in such a way as to direct light towards the Earth's surface and away from reflective surfaces, except as expressly exempted from the provisions of these regulations. G. Any temporary outdoor lighting that conforms to the requirements of this Section shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the Planning Director after considering: 1) the public and /or private benefits that will result from the temporary lighting, 2) any annoyance or safety problems that may result from the use of the temporary lighting, and 3) the duration of the temporary nonconforming lighting. H. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of the outdoor lighting standards as contained in Section 6.31 will be adhered to. The required Lighting Plan and associated documents shall be submitted and approved by the Planning Department prior to installation of any regulated lighting. I The NCDOT's standard 2'-6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at speeds greater than 25 mph. It is considered a mountable curb as defined In AASHTO "A Policy on Geometric Design on Highways and Streets, 2001 ". Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. 6 -63 6.31.7 1.1191>t.3 I. If any street will be taken over by NCDOT for maintenance, roadway lighting must meet AASHTO requirements, and must be installed and maintained according to the NCDOT publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights -of- way". z J. Upward flagpole lighting is permitted for national and state flaps provided that the maximum lumen output is 1300 lumens per flagpole. K. Any interior - lighted signs may not be lit at night when the face of the sign is removed or damaged in such a way that the light may distract drivers or adjacent property owners. Lighting in Parking Lots and Outdoor Areas A. Other than floodlights and flood lamps, all outdoor area and parking lot lighting fixtures shall be full cutoff fixtures. B. The mounting height of all outdoor lighting, except outdoor sports field lighting and outdoor performance area lighting, shall not exceed thirty - six (36) feet above finished grade. C. Any light fixture must be placed in such a manner that no lamp surface is visible from any residential area or public /private roadway. Lighting for Vehicular Canopies Areas under a vehicular canopy shall have a maximum point of horizontal illuminance of twenty -four (24) maintained f oot- candles (fc). A reas outside the vehicular canopy shall be regulated by Section 6.31.6. Acceptable methods include one or more of the following: A. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the vehicular canopy. B. Light fixture incorporating shields, or shielded by the edge of the vehicular canopy itself so that light is restrained to five degrees or more below the horizontal plane. C. Surface mounted fixture incorporating a flat glass that provides a semi - cutoff fixture or shielded light distribution. D. Indirect lighting where light is beamed upward and then reflected down from the underside of the vehicular canopy. Such fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the vehicular canopy. Z The NCDOT's standard 2'-6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act, as a barrier curb at speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on . Geometric Design on Highways and Streets, 2001 ". Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights ofWay" shall apply. 6 -64 6.31.9 Outdoor Sports Field/ Outdoor Performance Area A. All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. B. The hours of operation for the lighting system for any game or event shall be no later than 11:00 p.m., except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m. 6.31.10 Lighting of Outdoor Display Areas A. Top mounted fixtures are required for legally existing lighted signs. Lighting fixtures used to externally illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of this Section. Bottom mounted outdoor advertising shall not be used. Notwithstanding this provision, the lighting or re- lighting of a nonconforming advertising sign will not be permitted if the light results in the expansion of the nonconforming use, pursuant to Article 11. B. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred, to minimize detrimental effects. Unless conforming to the above dark background preference, total lamp wattage per sign shall not exceed 41 watts. 6.31.11 Lighting of Buildings and Landscaping Lighting fixtures shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building fagade, plantings, and away from adjoining properties, public or private rights -of -way, and the night sky. 6.31.12 Prohibitions A. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizon, is prohibited. B. The operation of searchlights for advertising purposes is prohibited. C. Electrical illumination of outdoor advertising off -site signs is prohibited. D. Use of mercury vapor luminaires is prohibited. 6 -65 Amended 6/25191 Septic Tank System - A subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field. Setback - Yard space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty inches above the general ground level of the graded lot upward, except as specifically provided in these regulations; provided, however, that fences and walls may be permitted in any setback subject to height limitations established generally or for the district and, further provided that poles, posts and other customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do not constitute substantial impediments to free flow of light and air across the setback or violate provisions of these or other regulations regarding visibility. Sign - Any device designed to inform or attract attention of persons not on the premises on which the device is located. Amended 6/4/84 Sign, Identification - On- premise sign identifying a business, person, service, activity, commodity or product. Amended 6/4/84 Sign, Incidental - On- premise sign providing information for the convenience and necessity of the public, such as "exit ", "no admittance ", "parking ", etc. Sign, Off - Premise - A sign other than an on -site sign. Amended 1/3184 Sign, On- Premise - Any sign visible from a public right -of -way identifying or advertising a business, person, activity, goods, products, or services located on the premises where the sign is installed and maintained. Sign, Outdoor Advertising - A sign by the outdoor advertising industry and relating in its subject matter to a business, service, commodity, accommodation, attraction or other activity conducted, sold, or offered, at a location other than the premises on which the sign is located. Amended 10/7/91 Site Specific Development Plan - A plan approved by the Orange County Board of Commissioners following a public hearing and which describes, with reasonable certainty, the type and intensity of use fora specific parcel or parcels of property located within the County's zoning jurisdiction. A Site Specific Development Plan shall be deemed approved upon the effective date of the Board of Commissioners' action. Site Plans, Special Use Permits, Planned Developments, and Preliminary Subdivision Plats may be approved as Site Specific Development Plans in accordance with Section 8 of the Orange County Zoning Ordinance. Site Specific Development Plans are required only where an applicant wishes to vest his property rights for a period longer than that otherwise permitted by this Ordinance. Space Ratio, Open - The minimum square footage of open space required for each square foot of floor. This area includes parking and vehicular access areas and it can also include. balconies and roofs improved for recreation. Amended 12 -17 -96 Special Event - A commercial activity attracting at least 20 people at any given time, that typically does not involve permanent structures, and does not occur more frequently than seven (7) days in a thirty (30) -day period or more than fifty (50) days per year. Examples of special events are craft shows, small festivals, concerts, medical or veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as picnics or receptions sponsored by a restaurant or caterer. Activities which are not included in this definition include: (1) events of a personal or non - profit, nature such as family reunions and church activities; (2) farm - related or rural events such as horse shows, 4 -H events and auctions; and (3) fund - raising events for non - profit organizations. Special Use - A use which would not be appropriate generally throughout the zoning district or without special study, but which, if controlled as to number, area, location or relation to neighborhood, would. Such uses which are listed as Special Uses in the Permitted Use Table, Article 3, may be installed and operated only after approval by the Board of Commissioners or by the Board of Adjustment, as appropriate, subject to the general and specific standards. Specialized Words Definitions - (See Special Use; Non - Conformity; Variance; Dedication; Easement; Group Development; Comprehensive Plan.) Amended 1/4/94 State Mandate - The minimum Rules adopted by the Environmental Management Commission for application to North Carolina's watersupply watersheds, as required by the Water Supply Watershed Protection Act. The purpose of the Act, as stated in its opening paragraph, is "... to protect and enhance the quality of the State's surface water supplies by establishing a cooperative program of watersupply protection to be administered by local governments consistent with statewide management requirements established by the Environmental Management Commission (EMC)." Amended 1/4/94 9/18/01 5/20/03 Stream Buffer - A stream buffer is an area of land adjacent to a stream or a FEMA - identified floodplain, whichever is greater, which, except as permitted in Article 6.23.7 of this Ordinance, must remain undisturbed in its natural state. Streams are identified by any of the following means: 1) shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps, 2) shown as a water feature in the Orange County Soil Survey, or 3) a water feature identified by a field determination of County staff trained in surface water identification through the North Carolina Division of Water Quality (NCDWQ). Stream buffers shall extend around the perimeter of all other water features if any portion of the stream buffer touches the water feature. Disputes pertaining to water feature identification decisions by County staff shall be filed directly to the NCDWQ. Stream buffers for Soil Survey streams shall only be calculated using Method A as explained in Section 6.23.7d. e) upon findings, after a public hearing, that a change in a State or Federal law or regulation precludes development of the project as approved. Vesting of rights does not preclude the application of overlay zoning districts which impose additional regulations, provided that the regulations are applicable to all property subject to this Ordinance, and the allowable type and intensity of use is not affected. The vested right terminates at the end of the approved vesting period for buildings and uses for which building permits have not been issued. Building permits do not expire during the approved vesting period. Amended 2/1/88 Volume /Capacity Analysis - The procedures used to compare the volume of a roadway or intersection approach to its capacity (maximum number of vehicles that can pass a given point during a given time period). The procedures are described in the 1965 Highway Capacity Manual, Highway Research Board Special Report 87. Amended 1/4/94 Water- Dependent Structure - Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water- dependent structures. Amended 5/20/03 Water Feature - A prominent aspect or characteristic of a geographic area that exhibits verifiable evidence of a presence of water in the soil. Examples of water features include, but are not limited to, perennial and intermittent streams, lakes, ponds, reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetlands, and natural drainage ditches (non - ephemeral). Amended 1/4/94 Watersupply Watershed (or Protected Watershed) Land that drains to existing reservoirs which are public water supplies or potential reservoir sites or stream intakes which have been designated for protection. All such lands have been classified by the Environmental Management Commission as WS -II, WS -III or WS -IV watersheds and require protection in accordance with the State Mandate. Yard Space, Front - The required open space extending the full width of the lot and to a depth equal to the required setback line, measured horizontally at right angles to the rear lot line. Yard Space, Rear - The required open space extending the full width of the lot and to a depth equal to the required setback line, measured horizontally at right angles to the rear lot line. Yard Space, Side - The yard space of a lot which is established by and between the street, or the lot lines, and the required setback line and which shall be open, unoccupied and unobstructed by any structure or part thereof from the ground to the sky, except as otherwise provided by this ordinance. ARTICLE 23. ENFORCEMENT Amended 6/26/03 23.1 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. 23.1.1 Violations; Violators 23.1.2 Violation It is unlawful and a violation of this Ordinance to establish, create, expand, occupy, or maintain any use, land development activity, or structure, including, but not limited to, signs and buildings, that violates or is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. Approvals and authorizations include, but are not limited to, Special Use Permits, Sign Permits, Building Permits, Certificates of Zoning Compliance, Certificates of Occupancy, Variances, development plans, site plans, landscaping plans, and conditions of such permits, variances, and plans. It is also a violation to engage in any construction, land development activity, or use without all approvals and authorizations required by this Ordinance. 23.1.3 Violators Violators include, but are not limited to, any person(s) who owns, leases, occupies, manages, or builds any structure or land development activity in violation of this Ordinance, and any person (s) who owns, leases, or occupies a use in violation of this Ordinance. A violation may be charged against more than one violator. For the purpose of Article 23 of this Ordinance, the term "person" is defined to include but not be limited to any individual, group of individuals, or any corporation, partnership, association, company, or business, trust, joint venture, or other legal entity. In addition, one or more of the following persons may be held responsible for a violation of this Ordinance, and be subject to the remedies and penalties provided in this Article: 1) An owner of the property on which the violation of this Ordinance occurs, any, tenant or occupant of that property who has control over, or responsibility for, its use or development, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance. 23 -1 23.1.4 Responsibility The Zoning Officer shall enforce this Ordinance and the remedies authorized under this Article. The Zoning Officer shall have the authority to settle any violations that involve the payment of money to the governing body. 23.2 Enforcement Procedures 23.2.1 Inspections and Investigations: A program of inspections and investigations to determine compliance with the Zoning Ordinance and orders, plans, permits, certificates, and authorizations issued under the Zoning Ordinance, is hereby authorized. This program shall be conducted under the general authority of the Zoning Officer. On receiving complaints or other information suggesting a violation of this Ordinance, the Zoning Officer shall investigate the situation and determine whether a violation exists. 23.2.2 Initial Notice of Violation: On determining that a violation exists, the Zoning Officer shall, whenever possible, make contact with the violator either in person or via telephone to discuss the violation. The Zoning Officer shall then give the responsible person(s) written notice of the violation, either in person, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may. also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall describe the nature of the violation and its location, state the actions necessary to correct the violation, and invite the alleged violator to meet with the Zoning Officer to discuss the violation and how it may be corrected. The Zoning Officer may provide the alleged violator additional notices of violation. This notice is an administrative determination subject to appeal as provided in Article 2.3 of this Ordinance. 23 -2 23.2.3 Final Notice of Violation; Correction Order: The Zoning Officer's final written notice of violation (which may be the initial notice) shall also order correction of the violation, specify a reasonable time period in which the violation must be corrected, state the remedies and penalties authorized in Article 23.3 the Zoning Officer may pursue if the violation is not corrected within the specified time limit, and state that the correction order may be appealed to the Board of Adjustment if the correction order is the initial notice. The final written notice of violation shall be served upon the responsible person(s), either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a final notice of violation is posted in a conspicuous place on the premises affected. A notice of a new violation is not required where a notice of a violation of the same kind has been issued to the same violator at the same property within the previous two (2) years. In such cases, the violator may be charged with a continuing violation without further notice, as provided in Section 23.4.5 below. A notice is also not required where action is taken under Sections 23.3.1 a), b) or f). 23.2.4 Appeal to Board of Adjustment: Any person aggrieved by the Zoning Officer's determination of a violation or a correction order may appeal that determination or order to the Board of Adjustment in accord with the provisions of Article 2.3 of this Ordinance, including payment of the appropriate fee. Except as provided in Article 2.3, an appeal generally stays all further actions to enforce a notice of violation, correction order, or Stop Work Order, until the Board of Adjustment has made a decision concerning the appeal. Civil Penalty Citations that follow the initial notice of violation may not be appealed to the Board of Adjustment. The Board shall hear the appeal and may affirm, modify, or revoke the Zoning Officer's determination of a violation. If there is no appeal, the Zoning Officer's determination of the nature and degree of the violation are final. 23.2.5 Failure to Comply with Notice or Board of Adjustment Decision: If the violator does not comply with a notice of violation, correction order, or Stop Work Order, which has not been appealed, or with a final decision of the Board of Adjustment, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. 23 -3 23.2.6 Extension of Time Limit to Correct Violation: The recipient of an initial notice of violation, correction order, or Stop Work Order, or the owner of the property on which the violation occurs, may, within thirty (30) days of the receipt or posting of the initial notice of violation or correction order, whichever is earlier, submit, to the Board of County Commissioners, a written request, to be filed with the Zoning Officer, for extension of the specified time limit for correction of the violation. In cases where an appeal of the notice of violation has been properly filed with the Board of Adjustment, the thirty (30) day period shall commence upon receipt of the notice of the Board of Adjustment decision concerning the violation or correction order.. The Zoning Officer shall assist individuals in the preparation of said statement in cases where an individual(s) is /are unable'to prepare a written statement. The Zoning Officer will recommend whether the time limit should be extended. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit, for reasons beyond the control of the person requesting the extension, the Board of County Commissioners may extend the time limit as reasonably necessary to allow timely correction of the violation. 23.2.7 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Zoning Officer shall determine whether the violation has been corrected. If the violation has been corrected, the Zoning Officer shall take no further action against the alleged violator. If the violation has not been corrected, the Zoning Officer may act to impose one or more of the remedies and penalties specified in the notice of violation, correction order, or Stop Work Order. 23.2.8 Emergency Enforcement Without Notice: If delay in correcting a violation would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety, or welfare, the Zoning Officer may seek immediate enforcement without prior written notice through any of the remedies or penalties authorized in Article 23.3. 23.3 Remedies: Penalties; Enforcement Action 23.3.1 General The Zoning Officer may pursue one (1) or more of the following remedies and penalties described below or in Article 23.4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. Use of one (1) of the authorized remedies and penalties does not preclude the Zoning Officer from using any other authorized remedies or penalties, nor does it relieve any party to the imposition of one (1) remedy or penalty from imposition of any other authorized remedies or penalties. 23 -4 a) Permit Revocation: In accord with the provisions of this Ordinance, the Zoning Officer, upon a written determination by the Zoning Officer, may revoke any permit, certificate, or other authorization granted under this Ordinance for failure to comply with the provisions of this Ordinance or the terms and conditions of a permit or authorization granted under this Ordinance. Any permit, certificate, or authorization mistakenly issued in violation of State law or local ordinance, or issued on the basis of misrepresentations by the applicant, owner, or owner's agent may be revoked without such written determination. b) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Zoning Officer may deny or withhold approval of any permit, certificate, or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. The Zoning Officer may also condition a permit, certificate, or authorization on the correction of the violation and /or payment of a civil penalty, and /or posting of a compliance security. c) Injunctive and Abatement Relief in Superior Court: A violation may be corrected by any appropriate equitable remedy, a mandatory or prohibitory injunction, or an order of abatement as authorized by NCGS 153A -123. The Zoning Officer shall have the authority to execute an order of abatement if the violator does not comply with such order, and the costs of the execution shall be a lien on the property in the nature of a mechanic's or materialman's lien. d) Criminal Penalties: Any person, firm or corporation who violates the provisions of this Ordinance or fails to comply with any of its requirements shall, upon conviction, be guilty of a Class 3 misdemeanor and shall be fined not more than a maximum of five hundred dollars ($500.00), imprisonment of up to thirty (30) days, or both, for each violation, as provided in NCGS Section 14 -4. The Zoning Officer may refer a violation to the District Attorney for institution of criminal prosecution of the alleged violator. e) Judicial Action to Collect Civil Penalty: A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article 23.4 below. a 23 -5 f) Stop Work Order: If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any building, structure or land is used in violation of a Stop.Work Order, the Zoning Officer, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or lands, or to prevent any illegal act, conduct, business or use in or about the premises. Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the violating activity and /or the property owner, and shall state the reasons for the, issuance of the Order, and the conditions under which activity maybe resumed. Notice shall be given by registered or certified mail. Upon issuance of such Order, and posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. The person(s) conducting the violating activity and /or the property owner may appeal the Stop Work Order to the Board of Adjustment pursuant to Article 2.3 of this Ordinance. 23.4 Civil Penalty 23.4.1 General The Zoning Officer may impose one or more civil penalties and issue one or more Civil Penalty Citations for a violation as provided below. If the violator does not pay the penalty, the Zoning Officer may collect it in a court through a civil action in the nature of a debt. 23.4.2 Notice The Zoning Officer shall give the responsible person(s) written notice of the civil penalty citation, either in person,.or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not.returned by the post office within ten (10) days after mailing, provided that a notice of civil penalty citation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and /or criminal enforcement. 23 -6 23.4.3 Amount The Zoning Officer may impose a penalty of five hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, correction order, (or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement), or Stop Work Order,. shall constitute a separate violation that subjects the violator to additional civil penalties. 23.4.4 Settlement of Claims The Zoning Officer is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Zoning Officer shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and /or an order of abatement. 23.4.5 Continuing Violations The Zoning Officer may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. An initial Civil Penalty Citation is not required if the Department has previously issued a Civil Penalty Citation to the violator for the same violation at the same location within the previous two (2) years. The Zoning Officer may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state that the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative. 23 -7 23 -8 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 local 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 -2 -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 24 -2 3 -14 -00 9 -5 -00 8 -21 -01 9 -18 -01 11 -19 -01 12 -10 -02 5 -20 -03 6 -26 -03 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director °nntP of ® Administration 306F Revere Road (919) 245 -2575 u 5 P O Box 8181 (919) 644 -3002 (FAX) Hillsborough, www.co.orange.nc.us °rfb rate North Carolina, 27278 OR MEMORANDUM TO: FROM: DATE: SUB7ECT: Holders of the Orange County Zoning Ordinance Debra Graham, Administrative Assistant July 23, 2004 Amendments to Zoning Ordinance Enclosed are additional amendments to the Orange County Zoning Ordinance approved by the Board of County Commissioners on June 26, 2003. If you have questions, please contact me. Thanks. TABLE OF CONTENTS ARTICLE TITLE PAGES I GENERAL PROVISIONS II BOARD OF COUNTY COMMISSIONERS & ITS ADMINISTRATIVE MECHANISMS 21-2-16 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 XI11 TRAFFIC IMPACT STUDY 13 -1 - 13 -6 XIV SITE PLAN APPROVAL PROCEDURES 14-1-14-6 XV SCHOOL ADEQUATE PUBLIC FACILITIES 15-1-15-5 XVI -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 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 11 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 (0/1) 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-[ (L -1) District 4 -8 4.2.22 Medium Industrial -II (1 -2) District 4 -8 4.2.23 Heavy Industrial -III (1 -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 tot, 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 -o 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 -o 6.21 Mobile Home Standards 6 -25 -o 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 to 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 6.31.8 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 7.16.1 PD -01 Districts: Defined, Intent, Where Permitted 7.16.2 Permitted Principal Uses and Structures 7.16.3 Height Limitations 7.16.4 Permitted Intensity of Development 7.16.5 Setbacks Required Adjacent to Residential Districts 7.16.6 Site Planning 7.16.7 Sign Limitations 7.17 Planned Development - Industrial Districts 7.17.1 PDA Districts: Defined, Intent, Where Permitted 7.18 PD -MU: Planned Development - Mixed Use Districts 7.18.1 PD -MU Districts: Defined, Intent, Where Permitted 7.19 PD -PWI: Planned Development - Protected Watershed 8.4.7 Industrial Districts 7.19.1 PD -PWI District: Defined, Intent, Where Permitted 7.20 PD -MHP Planned Development - Mobile Home Park District 7.20.1 PD -MHP District: Defined, Intent, Where Permitted 7.20.2 Minimum and Maximum Area Required for 8.5 Establishment of District 7.20.3 Permitted Principal Uses and Structures 7.20.4 Development Requirements for Mobile Home Parks 7.20.4a) Mobile Home Space Requirements 7.20.4b) Mobile Home Stand Requirements 7.20.4c) Separation Requirements 7.20.4d) Installation of Individual Mobile Homes 7.20.4e) Vehicular Access 7.20.4f) Identification Signs /Street Numbering 7.20.4g) Grounds and Buildings 7.20.4h) Erosion and Stormwater Control Requirements 7.20.4i) Recreation Areas and Facilities 7.20.4j) Landscaping and Screening 7.20.4k) Utilities 7.21 PD -ED Planned Development- Economic Development District 7.21.1 PD -ED District: Definition and Intent VIII SPECIAL USES 8.1 Intent 8.3 Establishment of Classes of Special Uses; Authority to Approve or Disapprove 8.4 Procedure for Submission and Consideration of Applications for Approval of Special Uses 8.4.1 Pre- Application Conference 8.4.2 Application Submitted to Zoning Officer 8.4.3 Zoning Officer Prepares Analysis and Recommendations 8.4.4 Recommendation Submitted to Planning Board or Board of Adjustment 8.4.5 Public Hearing Required, Notice Specified 8.4.6 Planning Board Action on Class A Special Use 8.4.7 Action on the Application 8.4.8 Imposed Conditions 8.4.9 Withdrawal of Application 8.4.10 Effect of Denial on Subsequent Petitions 8.4.11 Time Limits on Special Uses 8.5 Action Subsequent to the Board Action 8.6 Contents of Application for Approval of a Special Use 7 -22 7 -22 7 -23 7 -23 7 -23 7 -24 7 -24 7 -25 7 -26 7 -26 7 -28 7 -28 7 -34 7 -34 7 -38 7 -38 7 -38 7 -39 7 -39 7 -39 7 -40 7-40 7 -41 7 -41 7 -43 7-44 7 -45 7 -45 7-45 7 -46 7 -48 7 -48 8 -1 8 -1 8 -3 8 -3 8 -3 8-4 8-4 8 -5 8 -5 8 -5 8 -6. 8 -6 8 -6 8 -6 8 -7 8 -7 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 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 8 -15 8.8.6.2 Standards of Evaluation 8 -15 8.8.7 Reserved 8 -16 8.8.8 General Aviation Airports, STOL and Heliports (Class A Special Use) 8 -16 8.8.8.1 Additional lnformation 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 Additional Information 8 -17 8.8.10.2 Standards of "Evaluation 8 -17 8.8.11 Kennels or Riding Stables /Academies (Class B Class II Special Use) 8 -17 8.8.11.1 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 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 Additional Information 8 -26 8.8.22.2 Standards of Evaluation 8 -27 8.8.23 Planned Developments 8 -27 8.8.23.1 Additional Information 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 Additional Information 8 -27 8.8.24.2 Standards of Evaluation 8 -28 8.8.25 Non- Profit Educational Cooperative 8 -29 8.8.25.1 Additional Information 8 -29 8.8.25.2 Standards of Evaluation 8 -30 8.8.26 Modification of Impervious Surface Limitations 8 -30 -a 8.8.26.1 Additional Information 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 Additional Information 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 Additional Information 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 SCHOOL ADEQUATE PUBLIC FACILITIES 15 -1 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 20.8 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 ARTICLE 15. SCHOOL ADEQUATE PUBLIC FACILITIES Amended 6/26/03 15.1.1 Purpose The purpose of this Article is to ensure that, to the maximum extent practical, approval of new residential development will become effective only when it can reasonably be expected that adequate public school facilities will be available to accommodate such new development. 15.1.2 Applicability The provisions of this Article shall apply to the following areas: The entirety of the County lying outside of the municipalities therein, outside of the extraterritorial planning jurisdiction, if any, of the municipalities therein and also outside of the Joint Planning Area Transition Area, if any, of the municipalities therein. The Chapel Hill - Carrboro School District and the Orange County School District are each declared an overlay district in order to implement Schools Adequate Public Facilities as prescribed in this Article. Within the Chapel Hill - Carrboro School District Overlay District and within the Orange County School District Overlay District, the provisions of this Article apply. 15.1.3- 15.1.9 Reserved 15.2 Administration 15.2.1 Certificate of Adequacy of Public School Facilities (a) Subject to the remaining provisions of this Article, no approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat for a residential development shall become effective unless and until a Certificate of Adequacy of Public School Facilities (CAPS) for the project has been issued by the School District. (b) A CAPS shall not be required for a general use or special use rezoning or for a master land use plan. However, even if a rezoning or master plan is approved, a CAPS will nevertheless be required before any of the permits or approvals identified in subsection (a) of this section shall become effective, and the rezoning of the property or approval of a master plan provides no indication as to whether the CAPS will be issued. The application for rezoning or master plan approval shall contain a statement to this effect. (c) A CAPS must be obtained from the School District. The School District will issue or deny a CAPS in accordance with the provisions of the Schools Adequate Public Facilities Memorandum of Understanding, as to the Chapel Hill- Carrboro School District, between Carrboro, Chapel Hill, Orange County, and the Chapel Hill- Carrboro City Board of Education and as to the Orange County School District, between Hillsborough, Orange County and the Orange County Board of Education. These Memoranda of Understanding are.hereafter referred to as "the MOUs" or "the MOU" as the context requires. 1 r.-1 (d) A CAPS attaches to the land in the same way that development permission attaches to the land. A CAPS may be transferred along with other interests in the property with respect to which such CAPS is issued, but may not be severed or transferred separately. 15.2.2 Service Levels (a) This section describes the service levels regarded as adequate by the parties to the MOUs with respect to public school facilities. (b) As provided in the MOUs, adequate service levels for public schools shall be deemed to exist with respect to a proposed new residential development if, given the number of school age children projected to reside in that development, and considering all the factors listed in the MOU, projected school membership for the elementary schools, the middle schools, and the high schools within the School District will not exceed the following percentages of the building capacities of each of the following three school levels: elementary school level 105% middle school level 107% high school level 110% For the period of time beginning the effective date of this Article and terminating on the day on which the third high school within the Chapel Hill - Carrboro School District is first attended by high school students, the determination by the Chapel Hill - Carrboro School District that adequate service levels for public schools exist shall be made without regard to whether or not projected capacity of the High School level exceeds 110% of Building Capacity. On and after the day on which the third high school within the Chapel Hill - Carrboro School District is first attended by high school students, determination by the Chapel Hill - Carrboro School District that adequate service levels for public schools exist shall be made only if projected capacity of each school level does not exceed the following: Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity For the period of time beginning the effective date of this Article and terminating on the day on which the third middle school within the Orange County School District is first attended by middle school students, the determination by the Orange County School District that adequate service levels for public schools exist shall be made without regard to whether or not projected capacity of the Middle School level exceeds 107% of Building Capacity. On and after the day on which the third middle school within the Orange County School District is first attended by middle school students, determination by the Orange County School District that adequate service levels for public schools exist shall be made only if projected capacity of each school level does not exceed the following: rt_� Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity For purposes of this Article, the terms "building capacity" and "school membership" shall have the same meaning attributed in the MOUs. 15.2.3 Expiration of Certificates of Adequacy of Public School Facilities A CAPS issued in connection with approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat shall expire automatically upon the expiration of such permit approval. 15.2.4 Exemption From Certification Requirement for Development with Negligible Student Generation Rates In recognition of the fact that some new development will have a negligible impact on school capacity, a CAPS shall not be required under the following circumstances: (1) For residential developments restricted by law and /or covenant for a period of at least thirty years to housing for the elderly and /or adult care living and /or adult special needs; (2) For residential developments restricted for a period of at least thirty years to dormitory housing for university students. If the use of a development restricted as provided above changes, then before a permit authorizing such change of use becomes effective, a CAPS must be issued just as if the development were being constructed initially. 15.2.5 Applicability to Previously Approved Projects and Projects Pending Approval (a) Except as otherwise provided herein, the provisions of this ordinance shall only apply to applications for approval of site plans, special use permits, major subdivision preliminary plats or minor subdivision final plats that are submitted for approval after the effective date of this Article. (b) The provisions of this Article shall not apply to amendments to site plans, special use permits, major subdivision preliminary plats or minor subdivision final plats issued prior to the effective date of this Article so long as the approvals have not expired and the proposed amendments do not increase the number of dwelling units authorized within the development by more than five percent or five dwelling units, whichever is less. 15 -3 (c) The Board of County Commissioners shall issue a special exception to the CAPS requirement to an applicant whose application for approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat covers property within a planned unit development or master plan project that was approved prior to the effective date of this Article, if the Board of County Commissioners finds, after an evidentiary hearing, that the applicant has (1) applied to the School District for a CAPS and the application has been denied, (2) in good faith made substantial expenditures or incurred substantial binding obligations in reasonable reliance on the previously obtained planned unit development or master plan approval, and (3) would be unreasonably prejudiced if development in accordance with the previously approved development or plan is delayed due to the provisions of this Article. In deciding whether these findings can be made, the Board of County Commissioners shall consider the following, among other relevant factors: (1) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities which were designed to serve or to be paid for in part by the development of portions of the planned unit development or master planned project that have not yet been approved for construction; (2) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities that directly benefit other properties outside the development in question or the general public; (3) Whether the developer has donated land to the School District for the construction of school facilities or otherwise dedicated land or made improvements deemed to benefit the School District and its public school system; (4) Whether the developer has had development approval for a substantial amount of time and has in good faith worked to timely implement the plan in reasonable reliance on the previously obtained approval, (5) The duration of the delay that will occur until public school facilities are improved or exist to such an extent that a CAPS can be issued for the project, and the effect of such delay on the development and the developer. (d) The decision of the Board of County Commissioners involving a special exception application under subsection (c) is subject to review by the Orange County Superior Court by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after a written copy of the decision of the Board of County Commissioners is delivered to the applicant and every other party who has filed a written request for such copy with the Clerk to the Board of County Commissioners at the time of its hearing on the application for a special exception. The written copy of the decision of the Board of County Commissioners may be delivered either by personal service or by certified mail, return receipt requested. 15 -4 (e) The Chair of the Board of County Commissioners or any member temporarily acting as Chair may, in his or her official capacity, administer oaths to witnesses in any hearing before the Board of County Commissioners concerning a special exception or an appeal of School District denial of a CAPS. 15.2.6 Appeal of School District Denial of a CAPS The applicant for a CAPS which is denied by the School District may, within 30 days of the date of the denial, appeal the denial to the Board of County Commissioners. Any such appeal shall be heard by the Board of County Commissioners at an evidentiary hearing before it. At this hearing the School District will present its reasons for the denial of the CAPS and the evidence it relied on in denying the CAPS. The applicant appealing the denial may present its reasons why the CAPS application should have, in its view, been approved and the evidentiary basis it contends supports approval. The Board of County Commissioners may (1) affirm the decision of the School District, (2) remand to the School District for further proceedings in the event evidence is presented at the hearing before the Board of County Commissioners not brought before the School District, or (3) issue a CAPS. The Board of County Commissioners will only issue a CAPS if it finds that the CAPS should have been issued by the School District as prescribed in the MOU. A decision of the Board of County Commissioners affirming the School District may be appealed by the applicant for a CAPS by proceedings in the nature of certiorari and as prescribed for an appeal under Sections 15.2.5(d) and 15.2.5(e) of this Article. 15.2.7 Information Required From Applicants The applicant for a CAPS shall submit to the School District all information reasonably deemed necessary by the School District to determine whether a CAPS should be issued under the provisions of the MOU. An applicant for a CAPS special exception or an applicant appealing a CAPS denial by the School District shall submit to the Board of County Commissioners all information reasonably deemed necessary by the Board of County Commissioners to determine whether a special exception should be granted as provided in Section 15.2.5 or for the hearing of an appeal of a School District denial of a CAPS as provided in Section 15.2.6. A copy of a request for a CAPS special exception or of an appeal of a School District denial of a CAPS shall be served on the superintendent of the School District. Service may be made by personal delivery or certified mail, return receipt requested. 15 -5 15 -6 C�d2� - X00.3— 0 35L The Board contracted with Accela Software, for software activity development, enhancement of activities and additional training of the "Permits Plus" system within the Environmental Health and Planning Departments. k. Bid Award: Moving House at 611 Yorktown Road This item was removed and placed at the end of the consent agenda for separate consideration. I. Petition for Addition of Subdivision Roads to the State Maintenance Program The Board approved petitions to add eight (8) roads in Orange County subdivisions to the State Secondary Road Maintenance Program. m. Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments The Board closed the public hearing and adopted the proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties. n. Outdoor Lighting Standards Zoning Ordinance Amendment The Board closed the Public Hearing and adopted the Outdoor Lighting Standards amendment to the Zoning Ordinance. o. OWASA Conservation and Demand Management Ordinance This item was removed and placed at the end of the consent agenda for separate consideration. n Budget Amendment #14 This item was removed and placed at the end of the consent agenda for separate consideration. o Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by adding the following meeting: Tuesday, August 19, 2003 — Work Session — 5:30 p.m. — Government Services Center (prior to the 7:30 p.m. regular meeting at the F. Gordon Battle Courtroom). r. Approval of Fiscal Year 2003 -2004 Capital Proiect Ordinances and Grant Project Ordinances This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA o Authorization to Contract for Work at Whitted Buildinq Durina Summer Break The Board considered authorizing the Manager or his designee to contract with vendors during the summer break for materials and labor associated with painting the interior of the facility and replacing floor covering when that work exceeds the $20,000 threshold for Board approval. Commissioner Jacobs asked about the carpet tiles and if they were the recycled material. Purchasing and Central Services Director Pam Jones said that they are recycled in that they can be pulled up and replaced very easily. Commissioner Jacobs said that at one time they had talked about doing an environmental assessment of County operations, and this is the type of thing that ought to be in that kind of assessment. ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 5 Text and Section Numbers /Headings = Proposed Language V Q y a ©� v o 341 Stfiket#reug# = Existing Language Deleted "dam? ,& .7- Italics & Italics — Language Added During Public Hearing Period d' — Proposed Language Deleted During Public Hearing Period An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Zoning Ordinance and Subdivision Regulations are hereby amended as follows: Section 1. (pages 23 -1 through 23 -2) Amend Article 23 (Violations Penalties and Remedies) of the Orange County, NC Zoning Ordinance to read as follows: ARTICLE 23. ENFORCEMENT VIOLATIONS, ATIONS PENAL TICS AND REMEDIES 23.1 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, if is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. 23.1.1 Violations; Violators 23.1.2 Violation It is unlawful and a violation of this Ordinance to establish, create, expand, occupy, or maintain any use, land development activity, or structure, including, but not limited to, signs and buildings, that violates or is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. Approvals and authorizations include, but are not limited to, Special Use Permits, Sign Permits, Building Permits, Certificates of Zoning Compliance, Certificates of Occupancy, Variances, development plans, site plans, landscaping plans, and conditions of such permits, variances, and plans. It is also a violation to engage in any construction, land development activity, or use without all approvals and authorizations required by this Ordinance. 23.1.3 Violators Violators include, but are not limited to, any person(s) who owns, leases, occupies, manages, or builds any structure or land development activity in violation of this Ordinance, and any person (s) who owns, leases, or occupies a use in violation of this Ordinance. A violation may be charged against more than one violator. For the purpose of Article 23 of the Orange County, NC Zoning Ordinance, the term "person" is defined to include but not be limited to any individual, group of individuals, or any corporation, partnership, association, company, or business, trust, joint venture, or other legal entity. GACurrent Planning Div \Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 6 In addition, one or more of the following persons may be held responsible for a violation of this Ordinance, and be subject to the remedies and penalties provided in this Article: 1) An owner of the property on which the violation of this Ordinance occurs, any, tenant or occupant of that property who has control over, or responsibility for, its use or development, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance. 23.1.4 Responsibility The Zoning Officer shall enforce this Ordinance and the remedies authorized under this Article. The Zoning Officer shall have the authority to settle any violations that involve the payment of money to the governing body. 23.2 Enforcement Procedures 23.2.1 Inspections and Investigations: A program of inspections and investigations to determine compliance with the Zoning Ordinance and orders, plans, permits, certificates, and authorizations issued under the Zoning Ordinance, is hereby authorized. This program shall be conducted under the general authority of the Zoning Officer. On receiving complaints or other information suggesting a violation of this Ordinance, the Zoning Officer shall investigate the situation and determine whether a violation exists. 23.2.2 Initial Notice of Violation: On determining that a violation exists, the Zoning Officer shall, whenever possible, make contact with the violator either in person or via telephone to discuss the violation. The Zoning Officer shall then give the responsible person(s) written notice of the violation, either in person, , or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall describe the nature of the violation and its location, state the actions necessary to correct the violation, and invite the alleged violator to meet with the Zoning Officer to discuss the violation and how it may be corrected. The Zoning Officer may provide the alleged violator additional notices of violation. This notice is an administrative determination subject to appeal as provided in Article 2.3 of this Ordinance. GACurrent Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 7 23.2.3 Final Notice of Violation; Correction Order: The Zoning Officer's final written notice of violation (which may be the initial notice) shall also order correction of the violation, specify a reasonable time period in which the violation must be corrected, state the remedies and penalties authorized in Article 23.3 the Zoning Officer may pursue if the violation is not corrected within the specified time limit, and state that the correction order may be appealed to the Board of Adjustment if the correction order is the initial notice. The final written notice of violation shall be served upon the responsible person(s), either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a final notice of violation is posted in a conspicuous place on the premises affected. A notice of a new violation is not required where a notice of a violation of the same kind has been issued to the same violator at the same property within the previous two (2) years. In such cases, the violator may be charged with a continuing violation without further notice, as provided in Section 23.4.5 below. A notice is also not required where action is taken under Sections 23.3.1 a), b) or f). 23.2.4 Appeal to Board of Adjustment: Any person aggrieved by the Zoning Officer's determination of a violation or a correction order may appeal that determination or order to the Board of Adjustment in accord with the provisions of Article 2.3 of this Ordinance, including payment of the appropriate fee. Except as provided in that Article, an appeal generally stays all further actions to enforce a notice of violation, correction order, or Stop Work Order, until the Board of Adjustment has decided the appeal. Civil Penalty Citations that follow the initial notice of violation may not be appealed to the Board of Adjustment. The Board shall hear the appeal and may affirm, modify, or revoke the determination of a violation. If there is no appeal, the Zoning Officer's determination of the nature and degree of the violation are final. 23.2.5 Failure to Comply with Notice or Board of Adjustment Decision: If the violator does not comply with a notice of violation, correction order, or Stop Work Order, which has not been appealed, or with a final decision of the Board of Adjustment, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. 23.2.6 Extension of Time Limit to Correct Violation: The recipient of a notice of violation, correction order, or Stop Work Order, or the owner of the property on which the violation occurs, may submit to the Board of County Commissioners ZOniRg ^ffi^°~ a written request for extension of the notice or order's specified time limit for correction of the violation. The Zoning Officer shall assist individuals in the preparation of said statement in cases where an individual(s) is/are unable to provide a written statement. The Zoning Officer will recommend whether the time limit should be extended. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit, for reasons beyond the control of the person requesting the extension, the Board of County Commissioners '^^^^ ^#°^°F may extend the time limit as reasonably necessary to allow timely correction of the violation. GACurrent Planning Div \Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 8 23.2.7 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Zoning Officer shall determine whether the violation has been corrected. If the violation has been corrected, the Zoning Officer shall take no further action against the alleged violator. If the violation has not been corrected, the Zoning Officer may act to impose one or more of the remedies and penalties specified in the notice of violation correction order, or Stop Work Order. 23.2.8 Emergency Enforcement Without Notice: If delay in correcting a violation would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety, or welfare, the Zoning Officer may seek immediate enforcement without prior written notice through any of the remedies or penalties authorized in Article 23.3. 23.3 Remedies; Penalties; Enforcement Action 23.3.1 General The Zoning Officer may pursue one (1) or more of the following remedies and penalties described below or in Article 23.4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. SuGh statutes inGlUde, . Use of one (1) of the authorized remedies and penalties does not preclude the Zoning Officer from using any other authorized remedies or penalties, nor does it relieve any party to the imposition of one (1) remedy or penalty from imposition of any other authorized remedies or penalties. a) Permit Revocation: In accord with the provisions of this Ordinance , the Zoning Officer , upon a written determination by the Zoning Officer , may revoke any permit, certificate, or other authorization granted under this Ordinance eye for failure to comply with the provisions of this Ordinance or the terms and conditions of a permit or authorization granted under this Ordinance. Any permit, certificate, or authorization mistakenly issued in violation of State law or local ordinance, or issued on the basis of misrepresentations by the applicant, owner, or owner's agent may be revoked without such written determination. b) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Zoning Officer may deny or withhold approval of any permit, certificate, or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. The Zoning Officer may also condition a permit, certificate, or authorization on the correction of the violation and /or payment of a civil penalty, and /or posting of a compliance security. GACurrent Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 9 C) Injunctive and Abatement Relief in Superior Court: A violation may be corrected by any appropriate equitable remedy, a mandatory or prohibitory injunction, or an order of abatement as authorized by NCGS 153A- 123. The Zoning Officer shall have the authority to execute an order of abatement if the violator does not comply with such order, and the costs of the execution shall be a lien on the property in the nature of a mechanic's or materialman's lien. d) Criminal Penalties: Any person, firm or corporation who violates the provisions of this Ordinance or fails to comply with any of its requirements shall, upon conviction, be guilty of a Class 3 misdemeanor and shall be fined not more than a maximum of five hundred dollars ($500.00), imprisonment of up to thirty (30) days, or both, for each violation, as provided in NCGS Section 14-4. The Zoning Officer may refer a violation to the County Attorney for institution of criminal prosecution of the alleged violator. e) Judicial Action to Collect Civil Penalty: A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article 23.4 below. f) Stop Work Order: Ae _ =TrrTZ0 A - - • - �. _ - - MEM • - - If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any building, structure or land is used in violation of a Stop Work Order, the Zoning Officer, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or lands, or to prevent any illegal act, conduct, business or use in or about the premises. Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the violating activity and/or the property owner, and shall state the reasons for the issuance of the Order, and the conditions under which activity may be resumed. Notice shall be given by registered or certified mail. Upon issuance of such Order, and posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. GACurrent Planning Div \Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 10 The person(s) conducting the violating activity and /or the property owner may appeal the Stop Work Order to the Board of Adjustment pursuant to Article 2.3 of this Ordinance. 23.4 Civil Penalty 23.4.1 General The Zoning Officer may impose one or more civil penalties and issue one or more Civil Penalty Citations for .a violation as provided below. If the violator does not pay the penalty, the Zoning Officer may collect it in a court through a civil action in the nature of a debt. 23.4.2 Notice The Zoning Officer shall give the responsible person(s) written notice of the violation, either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and /or criminal enforcement. 23.4.3 Amount The Zoning Officer may impose a penalty of W49 one ) rive hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, correction order, (or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement), or Stop Work Order; shall constitute a separate violation that subjects the violator to additional civil penalties. 23.4.4 Settlement of Claims The Zoning Officer is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Zoning Officer shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and /or an order of abatement. GACurrent Planning Div \Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 11 23.4.5 Continuina Violations The Zoning Officer may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. An initial Civil Penalty Citation is not required if the Department has previously issued a Civil Penalty Citation to the violator for the same violation at the same location within the previous two (2) years, or if the violator has been specifically warned concerning the violation. The Zoning Officer may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state that the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative. GACurrent Planning Div\Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 12 GACurrent Planning Div\Tking \Feb 24 PH \Ordinance as Recommended by Planning Board Irim sel - GACurrent Planning Div\Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 13 Section 2. (pages 79 through 80) Amend Sub- section VII -E (Penalties for Violations) of Section VII (Legal Status Provisions) of the Orange County, NC Subdivision Regulations to read as follows: SECTION VII. LEGAL STATUS PROVISION VII -E. Enforcement VII -E -1 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. VII -E -1.1 Violations; Violators VII -E -1.2 Violation If a person who is the owner or the agent of the owner of any land located within the territorial jurisdiction of Orange County subdivides his /her land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the provisions of this Ordinance and recorded in the Office of the Register of Deeds, he /she shall be in violation of this Ordinance. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from the enforcement provisions of this Ordinance. For the purpose of Article VII-E of the Orange County Subdivision Regulations, the term "person" is defined to include but not be limited to any individual, group of individuals, or any corporation, partnership, association, company, or business, trust, joint venture, or other legal entity. VII -E -1.3 Responsibility The Planning Director shall enforce this Ordinance and the remedies authorized under this Article. The Planning Director shall have the authority to settle any violations that involve the payment of money to the governing body. VII -E -1.4 Planning Director For the purposes of this Article "Planning Director" shall mean the Director of the Orange County, NC Planning and Inspections Department and /or a sworn staff member acting in the capacity of the Planning Director. VII -E -2 Enforcement Procedures VII -E -2.1 Inspections and Investigations: On receiving complaints or other information suggesting a violation of this Ordinance, the Planning Director shall investigate the situation and determine whether a violation exists. GACurrent Planning DMTking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 14 VII -E -2.2 Initial Notice of Violation: On determining that a violation exists, the Planning Director shall, whenever possible, make contact with the violator either in person or via telephone to discuss the violation. The Planning Director shall then give the responsible person(s) written notice of the violation by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing. The notice shall describe the nature of the violation and its location, state the actions necessary to correct the violation, and invite the alleged violator to meet with the Planning Director to discuss the violation and how it may be corrected. The Planning Director may provide the alleged violator additional notices of violation. VII -E -2.3 Final Notice of Violation; Correction Order: The Planning Director's final written notice of violation (which may be the initial notice) shall also order correction of the violation, specify a reasonable time period in which the violation must be corrected, state the remedies and penalties authorized in Article VII -E -3 the Planning Director may pursue if the violation is not corrected within the specified time limit. The final written notice of violation shall be served upon the responsible person(s), either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a final notice of violation is posted in a conspicuous place on the premises affected. VII -E -2.4 Extension of Time Limit to Correct Violation: The recipient of a notice of violation, correction order, or the owner of the property on which the violation occurs, may submit to the Board of County Commissioners Waan+Rg Bifestnr a written request for extension of the notice or order's specified time limit for correction of the violation. The Planning Director shall assist individuals in the preparation of said statement in cases where an individual(s) is/are unable to provide a written statement. The Planning Director will recommend whether the time limit should be extended. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Board of County Commissioners D aRRiRg D °stef may extend the time limit as reasonably necessary to allow timely correction of the violation. VII -E -2.5 Failure to Comply with Notice: If the violator does not comply with a notice of violation, or correction order, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. VII -E -2.6 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Planning Director shall determine whether the violation has been corrected. If the violation has been corrected, the Planning Director shall take no further action against the alleged violator. If the violation has not been corrected, the Planning Director may act to impose one or more of the remedies and penalties specified in the notice of violation, or correction order. G:\Current Planning Div \Tking \Feb 24 PMOrdinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 15 VII -E -3 - Remedies; Penalties: Enforcement Action VII -E -3.1 General The Planning Director may pursue one (1) or more of the following remedies and penalties described below or in Article VII -E-4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. , 324, and 334 et , . Use of one (1) of the authorized remedies and penalties does not preclude the Planning Director from using any other authorized remedies or penalties, nor does it relieve any party to the imposition of one (1) remedy or penalty from imposition of any other authorized remedies or penalties. a) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Planning Director may deny or withhold approval of any permit, certificate, or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. The Planning Director may also condition a permit, certificate, or authorization on the correction of the violation and /or payment of a civil penalty, and /or posting of a compliance security. b) Injunctive and Abatement Relief in Superior Court: The County may apply to a General Court of Justice in accordance with the provisions of G.S. 153A -123 (e) and G.S. 153A -334 to bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the Court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Subdivision Regulations of the County. C) Criminal Penalties: Any person who, being the owner or the agent of the owner of any land located within the jurisdiction of this Ordinance, subdivides land in violation of this Ordinance, or transfers, or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance, and recorded in the Office of the Register of Deeds, shall be guilty of a misdemeanor and shall be punishable, accordingly, by fine and /or imprisonment. The description by metes and bounds in the instrument of transfer, or other document used in the process of selling or transferring land, does not exempt the transaction from penalties. d) Judicial Action to Collect Civil Penalty: A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article VII -E-4 below. G:\Current Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 16 e) Stop Work Order If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any building, structure or land is used in violation of a Stop Work Order, the Zoning Officer, in addition to other remedies, may institute any appropriate action or proceedings to prevent' the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or lands, or to prevent any illegal act, conduct, business or use in or about the premises. Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the violating activity and /or the property owner, and shall state the reasons for the issuance of the Order, and the conditions under which activity may be resumed. Notice shall be given by registered or certified mail. Upon issuance of such Order, and posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. The person(s) conducting the violating activity and /or the property owner may appeal the Stop Work Order to the Board of County Commissioners pursuant to Articles 111 -C -5, III-D-1-h, and 111 -D -5 of this Ordinance. VII -E-4 Civil Penalty VII -E-4.1 General Any person who proceeds to develop land as authorized by an approved preliminary plat and who fails to carry out such development according to the provisions of the plat, and all specific conditions of approval, shall be in violation of this Ordinance and shall be punished by fine. The Planning Director may impose one (1) or more civil penalties and issue one (1) or more Civil Penalty Citations for a violation as provide below. If the violator does not pay the penalty, the Planning Director may collect it in a court through a civil action in the nature of a debt. VII -E-4.2 Notice The Planning Director shall give the responsible person(s) written notice of the violation, either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and /or criminal enforcement. GACurrent Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 17 VII -E -4.3 Amount The Planning Director may impose a penalty of vp-le one hundred degars ($100.* rive hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, or correction order, shall constitute a separate violation that subjects the violator to additional civil penalty. VII -E-4.4 Settlement of Claims The Planning Director is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Planning Director shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and /or an order of abatement. VII -E-4.5 Continuing Violations The Planning Director may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. The Planning Director may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative. Regulations of the GGuW, GACurrent Planning Div\Tking\Feb 24 PMOrdinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 18 .. Section 3. That this Ordinance be filed in the book of published ordinances. Section 4. That this Ordinance is effective upon adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this Ordinance entitled "An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County" be adopted. Upon motion of Commissioner , seconded by Commissioner , the foregoing Ordinance was adopted this the day of , 2003. 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 , 2003 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 , 2003 Clerk to the Board of Commissioners SEAL GACurrent Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board 19 MINUTES ORANGE COUNTY PLANNING BOARD APRIL 2, 2003 ORDINANCE REVIEW 6:00 -7:30 P.M. ORDINANCE REVIEW MEMBERS PRESENT: Nicole Gooding -Ray, Chapel Hill at Large; Hunter Schofield, Cedar Grove Representative PLANNING BOARD MEMBERS PRESENT: Jay Bryan, Chapel Hill at Large; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel Hill at Large; Rachel Preston, Eno Representative; Noah Ranells, Bingham at Large; Theodore Triebel, Little River Representative STAFF PRESENT (ORDINANCE REVIEW): Craig Benedict, Orange County Planning Director; Robert Davis, Current Planning Supervisor, Planner III; Tom Altieri, Comprehensive Planning Supervisor, Planner III; David Lentzer, Planner II; Carla Thames, Planner I; Tom King, Planner II AGENDA ITEM #1: APPROVAL OF MINUTES a. December 18, 2002 — Ordinance Review MOTION was made by Hunter Schofield to accept the minutes. Seconded by Nicole Gooding - Ray. VOTE: Consensus AGENDA ITEM #2: ITEMS HEARD AT THE FEBRUARY 24, 2003 PUBLIC HEARING a. Outdoor Lighting Standards Text Amendments Presenter: Carla Thames PURPOSE: To provide a recommendation to the Board of County Commissioners regarding Outdoor Lighting Standards. BACKGROUND: Presently, the Orange County Zoning Ordinance does not have any outdoor lighting standards for new or existing development. Generally, the lighting information that the County reviews has been submitted as part of the site plan approval, limiting oversight to those projects requesting a construction authorization. As development and population numbers increase in the County an effective lighting standards ordinance that reflects community values can be an important component in helping to maintain a high quality of life. On occasion, the Planning Department receives complaints that specific lights exceed the brightness necessary to accomplish a particular task. Without clear standards, enforcement action is limited. In these cases, persuasion is the chief enforcement tool and generally has a low rate of success. More recently, there have been concerns about the general loss of darkness during the nighttime hours. `Light Pollution', the common term for sky glow, adversely affects astronomical 20 Benedict: We would like to put something in place to have this done with new subdivisions before they are approved. An informational booklet given to the contractors in the area would be possible. b. Enforcement Procedures Text Amendments Presenter: Tom King PURPOSE: To make recommendation to Board of County Commissioners regarding proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties of both Ordinances. BACKGROUND: Orange County's Zoning Ordinance and Subdivision Regulations both contain enforcement provisions, Article 23 and Section VII, respectively. Zoning Ordinance Under the current Zoning Ordinance, Planning Staff currently has four (4) methods (listed below) available for enforcement of the Ordinance. These methods may be used individually or in concert. The current Ordinance does not provide detailed procedures with regard to general violation notification process. • Criminal Action — Offender guilty of Class 3 misdemeanor punishable by fine of no more than $500.00. • Civil Penalties — Offender subject to penalty of $100.00 after notice sent to offender and demand for civil penalty payment made by BOCC. Penalties accrue daily. • Injunction and Abatement — Zoning Officer may ask Court of competent jurisdiction to prevent violation from continuing. • Stop Work Order — Zoning Officer may post and issue Stop Work Order to compel offender to cease work and bring property into compliance. PRESENT ORDINANCE PROCEDURE MANDATES THAT THE BOCC, BY RESOLUTION, MAKE DEMAND FOR PAYMENT OF CIVIL PENALTIES AFTER NOTICE OF SAID CIVIL PENALTIES HAS BEEN COMMUNICATED TO THE OFFENDING PARTY. THE DEMAND MUST BE MADE BEFORE THE ZONING OFFICER OR THE COUNTY ATTORNEY MAY TAKE ANY COLLECTION ACTION. STAFF HAS PURSUED CIVIL PENALTIES PRIOR TO INSTITUTING ANY OF THE OTHER REMEDIES LISTED ABOVE, WITH THE EXCEPTION OF STOP WORK ORDERS. THIS PROCEDURE IS TIME CONSUMING AND, GIVEN THE HIGH NUMBER OF VIOLATIONS THAT STAFF RECEIVES THROUGH OUTSIDE COMPLAINTS, REQUIRES SIGNIFICANTLY MORE TIME BEING SPENT ON PAPERWORK THAN ON ACTUAL FIELD INVESTIGATIONS AND ENFORCEMENT. The proposed changes in the Ordinance revise and streamline the enforcement procedures by defining in greater detail how violations are to be noticed, cited and carried through the enforcement process. The amendments also authorize the Planning Director /Zoning Officer to pursue the collection of unpaid civil penalties without BOCC intervention while, at the same time, maintaining BOCC oversight through the County Manager's Office. Subdivision Regulations 4 21 The current Subdivision Regulations also provide four (4) enforcement mechanisms (listed below). Again, as in the Zoning Ordinance, there is very little guidance on notification of violations and the citation procedure. • Criminal Action — Offender guilty of a misdemeanor punishable by fine of no more than $50.00 or thirty (30) days in jail. Civil Penalties — Offender subject to fee of $50.00. County may collect in the nature of a debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue daily. • Injunction and Abatement — Planning Director may ask Court of competent jurisdiction to prevent violation from continuing. • Judicial enforcement through equitable remedies by a Court of law. The proposed changes in the Regulations revise and streamline the enforcement procedures by defining in greater detail how violations are to be noticed, cited and carried through the enforcement process. The civil penalty fine is increased from $50.00 to $100.00 to match the amount provided for in the Zoning Ordinance. The Stop Work Order provision has also been added to the Regulations. Information/Issues at Public Hearing on February 24, 2003 1) Need for Purpose and Intent section to address County's desire for voluntary Ordinance compliance over formal enforcement measures. a. The proposed Ordinance has been amended to add a Purpose and intent section to clarify that enforcement is the top priority, not collection of civil penalties. 2) Need for initial contact with offender to be of a personal nature (in person or telephone call). a. The proposed Ordinance has been amended so that initial contact with offender will be made in person or by telephone. 3) Concern over posting of notice on property (absentee landowner -tenant removes posted notice - landowner unaware of violation). a. Ordinance allows for various methods of notice. The proposed Ordinance has been amended to require the Zoning Officer to attempt, in every case, to provide the violator with written notice of the violation either in person or by certified mail. 4) In addressing violations that have ceased, yet re- occurs within two (2) years, what would happen if the property was sold? How would the violation be handled? a. The proposed Ordinance has been amended to state that a new notice is not required when a notice of violation of the same kind/type has been issued to the same violator. A new notice will be required if the property has been sold to an entity different from the owner initially notified. 5 22 5) Concern over allowing Zoning Officer to make demand for civil penalties and in settlement of monetary penalties. No public recourse to approach BOCC to discuss violation. Give BOCC responsibility of allowing for extensions of time limits to correct Zoning Violations. Zoning Officer to provided recommendation to BOCC in such instances. a. The BOCC currently makes demand for civil penalties under the current Zoning Ordinance. The BOCC has set the civil penalty under the current Zoning Ordinance. The proposed change allows for the Zoning Officer to make demand for payment and settle monetary penalties. The civil penalty, under the proposed Ordinance, is set by the BOCC. The BOCC suggested allowance of opportunity for public to address them by giving the BOCC responsibility for allowing extensions of time limits to correct zoning violations. b. The proposed Ordinance has been amended to allow the offender to request a time extension through the BOCC. 6) Question regarding raising the amount of civil penalty from $100 (Zoning Ordinance) and $50 (Subdivision Regulations) to $500 in each Ordinance. a. The rationale for the increase in the amount of the civil penalty is to provide another tool to use to obtain compliance with the Ordinance/Regulations. b. Staff proposes to leave the civil penalty fine at $100 (Zoning Ordinance) and increase civil penalty from $50 to $100 in the Subdivision Ordinance so that penalties will be consistent in both Ordinances. 7) Concern over Zoning Officer having discretion over settlement of claims regarding civil penalties. a. The civil penalty amount is set under the terms of the Ordinance. The Zoning Officer will be allowed to determine at what point penalties begin. These are determined during the notification period. Process 1) Public Hearing held on February 24, 2003. 2) Ordinance Review Committee meeting on April 2, 2003. 3) Planning Board meeting on April 2, 2003. Recommendation to be returned no later than May 20, 2003. 4) BOCC to make final decision. FINANCIAL IMPACT: No public financial impact. RECOMMENDATION(S): Planning Staff recommends approval of the proposed Ordinance. King: Presented the handout entitled "Zoning & Subdivision Ordinance Revisions ". Triebel: What are the top 3 types of violations? King: Junk vehicles, illegal construction without a permit, and illegal types of business. C. 23 Gooding -Ray: There was concern about the amount of the civil penalties at the Public Hearing. The County Commissioners expressed a concern about individuals having an opportunity to come before them. Why does the extension of time limit have to be in writing? There are quite a few members in the community that can't write. If you could ask them for the information over the phone I believe that would be better. Davis: I'm not sure that would be the best avenue since the document would be posted several different places. King: We could develop a simple form with the technical information already completed and they could sign it. c. Stream Classification Text Amendments PURPOSE: To make a recommendation to the Board of County Commissioners regarding the proposed Stream Classification and Buffer Amendments to the Zoning Ordinance. BACKGROUND: The North Carolina Division of Water Quality (DWQ) in the Department of Environment and Natural Resources is the agency responsible for statewide regulatory programs in groundwater and surface water protection. The DWQ mission is to preserve, protect and enhance North Carolina's water and groundwater resources through quality monitoring programs, efficient permitting, responsible management, fair and effective enforcement and excellence in public service. This charge is carried out through resources at both the state and local levels. The statewide watershed protection program is an example of state and local government regulatory powers. The County's watershed protection program requires stream buffers be established and enforced along all solid and intermittent blue line streams as identified on the United States Geological Survey (USGS) topographic maps. Presently, stream buffers within Orange County's zoning jurisdiction are only required along streams identified on USGS topographic maps. The USGS maps do not protect all water features that are important to water quality. The DWQ estimates that streams represented on USGS topographic maps underestimate the actual presence of streams by approximately 25 %. These underrepresented types of streams, which have a high level of impact on water quality, are not protected at all under the County zoning stream buffer regulations. Another major shortcoming of the sole use of USGS maps is that the streams, which are identified on the maps, are based on aerial photography with no field verification. This lack of field verifications by the USGS creates problems, acknowledged by the DWQ, with regard to enforcement of the stream buffer regulations on a lot -by -lot basis. Three common problems encountered include, but are not limited to, disputes as to whether a USGS stream actually exists, disputes as to whether the location of said USGS stream is as shown on the map and disputes concerning whether the floodplain is properly mapped based on the inaccurate location of a USGS stream. 7 24 APPROVED 4115/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD JOINT PUBLIC HEARING AGENDA February 24, 2003 The Orange County Board of Commissioners and the Orange County Planning Board met in joint session for a public hearing on Monday, February 24, 2003 at 7:30 p.m. in the F. Gordon . Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Chair Nicole Gooding -Ray and members Jay Bryan, Barry Katz, Craufurd Goodwin, Ted Triebel, Rachel Preston, Howard McAdams, Maria Tadd, and Renee Price PLANNING BOARD MEMBERS ABSENT: Vice -Chair Hunter Schofield NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. A. OPENING REMARKS FROM THE CHAIR Chair Brown said that some items that were supposed to be addressed at the meeting last week (February 170') would be delayed. Item 9 -a regarding the school systems merger will be delayed until March 5"'. Also, items 5 -a and 6 -a will be addressed March 5"'. The closed session will also be addressed on March 5"'. B. PUBLIC CHARGE - The Chair dispensed with the reading of the public charge. C. PUBLIC HEARING ITEMS Planning Board Chair Nicole Gooding -Ray chaired these items. 1. Orange County Zoning Ordinance Text Amendments Verbatim Minutes from audiotape of the Text Amendment regarding Outdoor Lighting. Nicole Gooding -Ray, Chair, Orange County Planning Board: "The first item on the agenda is an Orange County Zoning Ordinance Text Amendment regarding Outdoor Lighting and we are going to hear a presentation from staff." 25 County Attorney Geoff Gledhill said that no County zoning regulations apply to bona fide farming operations. Commissioner Halkiotis noted that 17 years ago he and Commissioner Carey had the opportunity to protect Mr. Nichols' dairy cows when a former tax collector went after them as manufacturing units under the North Carolina Machinery Act. John Link said that the staff should respond to Commissioner Gordon's comment about full disclosure and that they pursue due diligence about the impacts on citizens. Under Section 2, where it says, "The stream buffer shall extend around the perimeter of all water bodies including ponds and lakes." He said that there may be someone without a bona fide farm that has 10 acres of land and they want to build a house and this will eliminate the possibility. This could affect small landowners. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to receive the Planning Staffs Recommendation and to refer the proposed amendment and to refer the proposed amendment to the Planning Board for a recommendation to be returned to the BOCC no later than May 20, 2003. VOTE: UNANIMOUS c. Amend Article 23 (Enforcement) to streamline the citation procedure for zoning violations, to establish procedural guidelines for violation notifications, to allow the Zoning Officer to process civil penalties. An increase in the civil penalty from $100.00 to $500.00 per violation is also a part of the amendment. 2. Orange County Subdivision Regulations Text Amendments a. Amend Section VII (Legal Status Provision), Sub - section VIi -E (Penalties for Violation), to identify the citation procedure for violations, and establish procedural guidelines for violation notification, to allow the Planning Director to make assessments for civil penalties, and increases the civil penalty from $50.00 to $500.00 per violation. Craig Benedict said that within this ordinance is how the County identifies with recurring Violations and how to provide notices. The County still plans to have personal delivery with registered and certified mail. Civil penalties are suggested to increase from $100 to $500 per day. Presently the demand for payment occurs from the County Commissioners. The recommendation is that the demand for payment occurs with the staff and the courts. The definition of a violation and a violator has been enhanced. The attorney's office has worked closely with the zoning staff to examine the ways to bring violations to a faster conclusion that is fair with full notification and disclosure. He showed a procedural chart of the process of civil penalties. He said that presently there is a backlog of zoning compliance issues because they do not proceed past a certain point and there is no expeditious manner to bring them to a conclusion. John Link assured-the Board that before the matters are carried to court that the person involved will know exactly what is involved. Commissioner Jacobs made reference to 23.2.2 and said that the person can be given notice in person or by certified mail. He would like to be assured that there is a personal documented visit first. He made reference to 23.2.3 and read, "a notice of violation is not required where a notice of the same violation has been issued to the same violator at the same 26 property within the previous two years." He asked if someone could have 700 days of $500 a day fines accrue and not get another notice. Craig Benedict said that if a violation is resolved and then the violation is reactivated within the two year timeframe, then a notice is not required to have the repeat violation. Geoff Gledhill said that the idea is that this is not a continuing violation, but the previous one had been stopped and the violator has later resumed the violation. Commissioner Jacobs asked if the appeal would now go to the Board of Adjustment. Geoff Gledhill said that the appeal of the zoning officer's determination has always been to the Board of Adjustment. The difference is that the County Commissioners demanded the civil penalties and this would now be at the staff level. Commissioner Gordon said that it might be possible to work in a visit by a person by giving the person an option. Commissioner Halitosis cautioned the Board of County Commissioners. He said that the Board has given up enough in this County. He said that giving away opportunities for appeal to paid staff is setting a dangerous precedent. Commissioner Carey made reference to 23.4.4 and said that this provides for the Planning Director to make decisions about settlement or mitigation of the civil penalty in instances where appropriate. He thinks it is important that we reflect in here that what we are after is compliance and not money. He would like the language to reflect that the County wants compliance because the objective is not clear. Craig Benedict agreed that this language should be added. Commissioner Gordon asked about the impetus for this amendment and if it was brought forward by the Planning staff. Craig Benedict said that they have had a difficult time in getting compliance on a variety of issues. There have been difficulties with definitions. The amendment is staff generated and the attorney's office also helped. Commissioner Gordon asked if there was a way in this process for someone to access the County Commissioners formally. Craig Benedict said yes and explained the process. Commissioner Halkiotis said that he has watched Geoff Gledhill go after the biggest offender in Efland for years. He does not know what it will take to straighten this out. He does not see how this amendment is going to help the County. Commissioner Jacobs made reference to the visit and said that all he was suggesting is that someone call first and make an attempt and leave a written notice to document that there was a visit. He said that he would feel more comfortable with 23.2.6 if it read, "The recipient of the notice of violation, correction order, or stop work order, or the owner of the property on which the violation occurs may submit to the Board of County Commissioners a written request for extension of the notice or order, specified time limit for correction of the violation. The zoning officer will recommend whether the time limit should be extended. The Board of County Commissioners will determine whether the violation cannot be corrected within the specified time limits for reasons beyond the control of the person requesting the extension." This would allow some opportunity for someone to come before the Board for an extension of time. Chair Brown said that she thinks that this is protecting people who buy property in the County if their neighbors become collectors of junk. She is in favor of a good ordinance that does its job. People call her regularly about horrible things in their neighborhood. Commissioner Carey said that he understands that the staff is trying to wean the Board of County Commissioners from getting involved in each case. Renee Price is concerned from the jump in the fine from $100 to $500 per day. Craig Benedict said that the fines are allowed up to $500 and it does not have to be that high. The North Carolina General Statutes has allowed increases to provide some "teeth" in the ordinances. 27 Chair Gooding -Ray said that it does not say "up to" $500 and this should be clarified. Craig Benedict said that the phrase "may impose" was used. He would agree to adding, "may impose up to $500" to further clarify it. There was no public signed up to speak to this item. Chair Gooding -Ray said that she is concerned about the issue of notice when there are multiple owners of a property that do not actually live on the premises. This will be discussed further at the Planning Board meeting. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to receive the Planning Staffs recommendation and to refer to refer the proposed amendment to the Planning Board for a recommendation to be returned to the Board of County Commissioners no later than May 20, 2003. This includes both sections. VOTE: UNANIMOUS With no further items to address, the public hearing was adjourned at 9:25 p.m. Margaret Brown, Chair Donna S. Baker Clerk to the Board ,o6tZ)- aoc)3 4 I. Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures F Z Amendments The Board considered closing the public hearing and considered making a decision on adoption of the proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties. Commissioner Gordon made reference to page six where it defines zoning officer, and this has been deleted. She asked if this should have been deleted. Craig Benedict said that it was covered in the zoning ordinance. Commissioner Gordon made reference to pages 9 and 16 and the stop work order and pointed out that it never says what the stop work order is. She thinks that the definition was deleted in error. She asked that this be corrected. Commissioner Gordon said that it states that the amount the zoning officer can fine is $500 and she did not know where it stood with the Board of County Commissioners. She said that there were minutes and comments about the amount, but she does not know if it was definitive. In looking through the minutes, it was not clear to her that the County Commissioners had come to any definitive position. John Link said that whether the fine is $100 or $500, the zoning officer is not going to exercise the fine until each issue is addressed. We need to make sure that the individual citizen has been notified in person by a staff person and that they understand the issues involved. Craig Benedict said that it was brought up at the public hearing and they took it back to the Ordinance Review Committee and the Planning Board and the recommendations were unanimous to stay at the $500 level. The emphasis is compliance and they believe that the fine structure will help in discouragement of the violation to start with. Commissioner Jacobs said that he does not think that the money was the issue and he would like to review the minutes before a vote takes place. He said that one of the issues was whether or not there should be an appeal process that did not include a public official. Craig Benedict said that the concerns of the County Commissioners were included in the revision that have the Board involved if there is a time extension to the resolution of the violation. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to table this item until the County Commissioners can review the minutes. VOTE: UNANIMOUS m. Orange County /Hillsborough Courtesy Review Agreement The Board considered a revised Courtesy Review Agreement, including a checklist, with the Town of Hillsborough. Commissioner Jacobs said that he still does not think this is where he thought we were going. He thought that steps 1-4 were followed, then step 11 should be put after step 4, which is "Board of County Commissioners or Board of Town Commissioners may request a joint meeting." Craig Benedict said that step 11 occurred where it is because it was occurring after the Planning Board had a preliminary plan farther along in the process, versus a concept plan. This step can be moved up. Commissioner Jacobs said that the sooner a joint meeting could be held in the process, the better. Commissioner Jacobs said that his only other concern is that either board can request a joint meeting. Craig Benedict said that they could work on an addendum during the summer break. Commissioner Halkiotis said that on NC 57 and NC 86, he saw that there is another subdivision called Cameron Estates and it never came up on the County's radar screen. He hopes that this document will give the County an opportunity to comment. He said that this additional area was annexed years ago to prevent a landfill going in on NC 57. He asked if Hillsborough would be able to approve anything they wanted in this area without input from the County. He said that this needs to be handled through a process. Craig Benedict said that the process in the courtesy review agreement would bring projects on the radar screen quickly. He mentioned that there is a 50 -unit development proposed next to the Planning and Agricultural Center. This will be on a future agenda. The Board agreed to move step 11 to step 5. Commissioner Gordon said that the chart is only from the County's point of view. 9