HomeMy WebLinkAboutORD-2003-116 Amendments to Open Space Standards for Flexible Development SubdivisionsORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 16, 2003
Action Agenda
Item No.
SUBJECT: Amendments to Open Space Standards for Flexible Development Subdivisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) 0
ATTACHMENTS: INFORMATION CONTACT:
Proposed Amendments to the Orange County Craig Benedict, Director, ext. 2592
Subdivision Regulations Robert P. Davis, Planner III, ext 2580
Proposed Amendments as Submitted at Public Hearing TELEPHONE NUMBERS:
Flexible Development Open Space Amendment Hillsborough 732 -8181
Questions and Answers from Public Hearing Chapel Hill 968 -4501
Minutes from May 27, 2003 Public. Hearing Durham 688 -7331
Minutes from August 6, 2003 Planning Board Mebane (336)227 -2031
Meetina
PURPOSE: To close public hearing and consider proposed amendments to the Open Space
Standards in subdivisions following the Flexible Development option.
BACKGROUND: Flexible Development, Section IV -B -10 of the Subdivision Regulations, was
adopted on July 1, 1996. Section C of the regulations. requires that Flexible Subdivisions set aside
a minimum of 33% of the total project acreage as protected open space. The current open space
regulations set forth the required compositional elements for both Primary and Secondary
Conservation Areas and, to a lesser degree, guidelines relating to open space shape.design.
The intent of the proposed amendments is to improve the layout of open space by making it more
accessible to the public and property owners for vistas or use. This is in response to concerns that
some of the more recent subdivision proposals lacked in the goal of preserving the County's rural
character and, in appropriate cases, accessibility. These amendments address the primary
negative design criteria in the current regulations, that being the creation of large blocks of more
urban - style lots unbroken by natural areas and lacking open space connectivity.
These amendments were presented at the May 27, 2003 Public Hearing and comments were
received from the Board of County Commissioners and Planning Board members. The following
changes were made in the ordinance amendment text in response to those comments.
Public Hearing Amendments
1. The classification of 'Pedestrian Access Paths' in Section C.3.c 'Secondary Conservation
Areas' has been changed in name to `Pedestrian Open Space Area' (POSA). It has been
explicitly stated in the text that this designation does not require the construction of an
improved path, but must only be: a) 50 -feet wide; b) in common ownership; c) undeveloped
except for recreational amenities, and d) reasonably traversable by foot. The determination
of when pedestrian improvements should be required in a POSA will be determined on a
case -by -case analysis of the overall open space goals of the proposed subdivision taking the
Planning Board recommendation into consideration.
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2. An additional functional open space goal, 'The Maintenance of Wildlife Corridors and
Habitat', has been added in Section C.2 `Planning for Open Space'.
3. The ordinance language has been edited throughout the amendment for improved
readability and brevity.
4. The language was changed in Section C.4 'Access to Open Space' to more clearly allow the
ability to limit general public encroachment into Flexible Subdivision open space. The
amendment still suggests that open space will 'ideally' be available for the use of subdivision
residents and /or the general public. It is now stated that this access may not be reasonable
in all cases. As with the more flexible determination of access way improvements, public
access into open space is now considered a case -by -case decision based on the overall
goals of the subdivision's open space plan.
5. The required distances to open space put forth in Section CA 'Access to Open Space' have
been made more flexible. The previous language required that a certain number of lots
would have to be 300 feet or 600 feet from an accessible point of open space. The new
language requires those lots to be 'approximately' those distances from open space,
reflecting that the basis of those distances would be according to the overall merit of the
open space proposal
6. A new paragraph was added at the beginning of Section C.2, `Planning for Open Space'
stressing the need for open space to be planned and to become a comprehensive inclusion
into the subdivision design. The language is designed to allow a stronger basis for the case -
by -case analysis of open space arrangement in Flexible Subdivision plans by the Planning
Board and Board of County Commissioners.
Planning Board Amendments
On August 6, 2003 the Planning Board recommended approval of the specified language changes.
These changes have been incorporated into the latest text of the proposed amendment, noted by
bolded, italic type.
1. The language setting out the Functional Open Space Goals in the second paragraph of
Section C.2 "Planning For Open Space" has been changed to make its purpose more clearly
delineated. Previously, the language stated that "[o]pen space ... is functional when it
positively furthers as many of the following goals as possible ", and was followed by a list of
eight open space goals. It now reads that open space is functional if it "prominently provides
at least one of the following uses ", followed by a list of three open space goals. The
remaining five goals, which are essentially sub -goals contained within one of the main three
goals, are listed separately, and are required to be "addressed... when relevant ".
2. In Section C.5 "Ownership of Open Space ", a previously unchanged section, the language
was added in paragraphs regarding both fee simple and conservation easement dedications
that "the County may reject any proposed dedication at its discretion prior to or during the
application ".
3. The term 'man -made features' in Section C.2 `Planning for Open Space — Composition" was
changed to 'constructed features' in respect to the County's policy on gender - neutral
language.
4. Section F.1 "General Criteria" previously read that open space should be "beneficial to
stated open -space goals ". It now reads "supportive of stated open -space goals ".
5. An additional category —'View Preservation Areas" — was added to the Section F.1 "General
Criteria" list of uses that would be suitable exceptions to the preference against fragmented
or long, narrow open space shapes. "View Preservation Areas" is given a brief parenthetical
definition in the text — "also vistas or visual amenity preservation areas —areas left open to
allow public views to one or more natural or constructed features of high visual quality".
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Process
Public Hearing held on May 27, 2003.
Planning Board recommended approval of the amendments on August 6, 2003.
BOCC to make decision no sooner than September 16, 2003.
FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision.
RECOMMENDATIONS: The Administration recommends APPROVAL of the proposed
amendments.
The Planning Board recommends APPROVAL of the proposed
amendments.
The Planning Staff recommends APPROVAL of the proposed
amendments.
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Recommended Ordinance
(Bold type indicates proposed new ordinance language
skðreugh type indicates proposed deleted ordinance language
bold italic type indicates new language added since Aug. 6, 2003 Planning Board Meeting
bold-strikethrou& type indicates amendment language deleted since Aug. 6, 2003 Planning Board Meeting)
An Ordinance Amending the Subdivision Regulations of Orange County
Be it ordained by the Board of Commissioners of the County of Orange, North Carolina,
that the Subdivision Regulations are hereby amended as follows:
Section 1 SUBDIVISION REGULATIONS
Section IV -B -10. FLEXIBLE DEVELOPMENT (Pages 61 -65)
Amended to read as follows:
Section C OPEN SPACE STANDARDS
C.1 Minimum Required Open Space
Where a developer elects to seek approval of a Flexible Development as specified herein,
at least thirty -three percent (33 %) of the total land area in the Flexible Development must
be set aside as protected open space. Such open space shall meet these standards unless
the developer chooses to seek approval of a conventional subdivision as specified herein.
C.2 Planning For Open Space.
Open space in subdivision projects should be planned as part of a comprehensive
.project design. The long -term success of open space, just as with development, is
improved when a layout is chosen with a perspective of future usefulness, efficiency,
and compatibility with existing development and open space. Open space is an
important amenity for subdivision residents and an essential part of the County's
character and environmental quality. Open space planning must indicate a
thoughtful understanding of that importance, and be evaluated case -by -case on
those bases.
A Flexible Development subdivision plan should always provide functional open
space - open space which prominently provides at least one of the following uses, Open
eonsidered to be funetional when it posi&ely further-s as many of the
-401—lo—mig goals as possible;
• The Maintenance of Wildlife Corridors and/or Habitat
e The Protection of Rural Character
9 The Creation or Protection of Space for Outdoor Recreation
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and addresses the following additional uses when relevant.
• The Protection of Other Natural Resources
• The Improvement or Maintenance of Visual Amenities
• The Creation or Protection of Managed Resource Production
• The Improvement or Maintenance of Public Health and Safety
• The Creation or Protection of Public Purpose and/or Utility
Infrastructure
The primary way to achieve these open space design goals is by the application of
standards to three fundamental land characteristics. All Flexible Development
plans should correlate the following characteristics with the open space goals listed
above. An open space plan may use other land characteristics as well, if a direct link
to the above goals is shown.
• Composition — The natural and constructed man made features of land
indicate what sorts of open -space goals it can support. For each of the
listed open space goals, certain characteristics are required or preferred.
Compositional requirements and preferences are stated throughout this
section.
Accessibility — Open space .should be publicly available when possible.
All Flexible Development plans should strive to provide open space access
to the public at large and/or subdivision residents, in accordance with
Section CA.
• Size and Shape — The usefulness of open space can be lessened when it is
fragmented or shaped in long narrow segments. The most functional
open space is large enough to maximize the benefits to ecological,
environmental, cultural, recreational and/or visual uses. Size and shape
requirements are listed in Section F.I.
C.3GZTypes of Open Space
The types of open space conserved through Flexible Development shall be consistent
with the following standards:
a. Open space shall be comprised of two types of land: "Primary Conservation Areas"
and "Secondary Conservation Areas ".
b. Primary Conservation Areas eensist ef the feffewing site featffes - These areas
have sensitive environmental features and/or significant cultural resource
areas, which may make them legally or practically unbuildable. These areas
must be the first open spaces chosen for satisfying the minimum 33%
requirement. Secondary Conservation Areas may not be counted towards that
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requirement unless all potential Primary Conservation Areas, other than
expansion areas as defined below, have been set aside.
Wetlands, including, but not limited to, streams,. creeks, ponds, reservoirs,
stormwater management facilities for watershed protection purposes, and
adjoining land areas identified as part of-
0 The National Wetlands Inventory Maps for the county, prepared by the
U.S. Fish and Wildlife Service;
0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil
Conservation Service;
0 'The "Inventory of Natural Areas and Wildlife Habitats," as prepared by
the Triangle Land Conservancy;
0 LANDSAT satellite data collected and analyzed under the Albemarle -
Pamlico Estuarine Study;
0 A required environmental assessment or environmental impact statement;
and/or
0 A site analysis conducted by a registered engineer, land surveyor,
landscape architect, architect or land planner using data from the U.S.
Army Corps of Engineers.
• Floodplains (100 -year) and alluvial soils identified as part of:
0 The "Flood Insurance Study: Orange County, N.C.," prepared by the
Federal Emergency Management Agency (FEMA); and
0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil
Conservation Service.
Steep Slopes, defined as those greater than 25 percent, identified as part of-
0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil
Conservation Service; and/or
0 A site analysis conducted by a registered engineer, land surveyor,
landscape architect, architect or land planner and calculated using
topographic maps from an actual survey or from the U.S. Geological
Survey.
• Natural Areas, and Wildlife Habitats and.Geniders as identified as part of:
0 The "Inventory of Natural Areas and Wildlife Habitats;" as prepared by
the Triangle Land Conservancy;
0 A required environmental assessment or environmental impact statement;
and/or
0 An independent site study conducted by a trained botanist and/or biologist.
• Historic and Archaeological Sites listed on the National Register of Historic
Places or included on.the state's national register study list, designated as a local
historic landmark, designated as a local historic district, and/or identified as
having a high potential for archaeological remains as part of:
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0 The "Chapel Hill Township Architectural Survey: Final Report";
0 The "Orange County Multiple Property Documentation Form: Historic
Resources of Orange County";
0 "An Archaeological Survey of Portions of Orange County, N.C. ";
0 A required environmental assessment or environmental impact statement;
and/or
0 An independent site study conducted by a trained architectural historian or
archaeologist.
Where a historic or archaeological site is to be set aside as a separate lot, and
preserved and/or restored as part of a flexible development, the entire area within
the lot may be credited toward meeting the minimum open space requirement.
• Wildlife Corridors as identified by Section 2.2 of the most recent Land Use
Element of the Orange County Comprehensive Plan.
• Expansion of anv of these areas
• A single, connected area of open space that meets one or more of
the provided definitions of Primary Conservation Area may be
expanded by up to 20% of its area to provide an additional buffer.
Although. the expanded area might not meet any other definitions
of Primary Conservation Area, it may be considered as such,
except that:
a) Expansion areas may not be, in turn, expanded under this
provision,
b) Expansion areas may not be selected as Primary. Conservation
Area unless all site areas meeting any other Primary
Conservation Area definition have already been selected as
open space, and
e) Expansion areas must be in the same natural state as the
Primary Conservation Area that is being expanded.
C. Secondary Conservation Areas eensist of the fbIlewing site - featwes— When the
33% open space requirement is not filled by Primary Conservation Area, this
secondary set of criteria is used to complete the requirement. Secondary
Conservation Area has fewer locational restrictions, allowing more flexibility in
choosing open space that will improve the functionality of the site's overall open
space plan. These areas, unless specified otherwise, receive full credit toward
meeting the minimum open space requirement of Flexible Developments.
Access - Open space may be chosen as a Secondary Conservation Areas
because of its benefit in providing open space access to residential lots in
accordance with regulations listed in Section CA. These areas shall also
include desired compositional and size and shape attributes, as listed in this
section.
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Composition - Sites chosen for Secondary Conservation Areas must have one
or more of the following characteristics or uses:
Woodlands, including forest land for the planting and production of trees and
timber, where management practices such as selective timber harvesting and
wildlife enhancement are employed. Such woodlands may consist of
hardwood, pine, and/or mixed pine - hardwood forests identified as part of-
0 LANDSAT satellite data collected and analyzed under the Albemarle-
Pamlico Estuarine Study;
0 A site analysis conducted by a registered engineer, land surveyor,
landscape architect, architect or land planner using aerial photographs
and/or satellite imagery;
0 A required environmental assessment or environmental impact
statement; and/or
0 An independent site study conducted by a trained botanist and/or
forester.
• Farmland, especially prime agricultural land as identified by the U.S.D.A.
Soil Conservation Service in "Important Farmlands: Orange County, N.C."
and which is in active use for the production of crops and/or raising of
livestock. Farmland also includes space on individual lots used for gardens,
ponds, horse paddocks and barns, and similar uses.
• Slopes of 15% to 25% which require special site planning due to their erosion
potential, limitations for septic tank nitrification fields, and terrain or elevation
changes. Such areas may be suitable for building, but higher site preparation
and construction costs are to be expected.
• Other Historic and /or Archaeological Sites identified from the same sources
as for primary conservation area sites.
• Public and/or Private Recreation Areas and Facilities, including:
0 "Active recreation areas" such as public recreation areas, including
district and community parks as identified in the master recreation and
parks plan; and private recreation facilities, including golf courses,
playing fields, playgrounds, swimming pools and courts for tennis,
basketball, volleyball and similar sports. Because they represent uses
in which natural lands are cleared, graded and managed for intensive
activities, only half (50 percent) of the land in this category may be
credited toward meeting the minimum open space requirement.
0 "Passive recreation areas" such as pedestrian, bicycle and equestrian
trails, picnic areas, community commons or greens, and similar kinds
of areas, whether public or private. Land in this category receives full
credit toward meeting the minimum open space requirement.
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• Scenic Views, especially of natural and cultural features from designated
scenic road corridors, including views from the road as well as views outward
from potential home sites. Landscape buffers which screen the view of
development and preserve the character of rural public roads are also included
in this category.
• Pedestrian Access Ways, traversable corridors at least 50 feet wide,
undeveloped except for pedestrian recreation amenities, and in common
ownership. Pedestrian access ways are not required to have constructed
walking paths, but they must be reasonably passable by foot. The final
composition of a pedestrian access way should be determined by a case -
by -case evaluation of the intent of the overall access plan in the
subdivision. When the access ways link active or passive recreation
areas, or the access ways themselves are identified as a recreation
amenity, a constructed path may be required. Pedestrian Access Ways
may also require landscaping to ensure their compatibility with the
natural and scenic goals of open space.
Pedestrian Access Ways are not intended to be used to link significant
habitat and wildlife open -space sections. Wildlife corridors should be
used for this purpose.
All access ways must be connected at least once to another type of open
space. In a Flexible Subdivision, all existing access ways should, if
practicable, be connected into a single system. Flexible Subdivisions
should also have at least one access way, when practicable, connect to at
least one outside edge of the subdivided property, to maintain the
possibility of connected access ways with future, adjacent projects.
• Roadside Buffers, areas buffering public roads, when they are at least 100
feet in width, measured in one direction from the nearest edge of the
road. Roadside buffers must be composed of undisturbed natural .
vegetation.
• Greenbelt Linkages, areas that can be used as part of a connected
greenbelt path, within an approved County Greenbelt program.
Size and Shape - Whenever possible, Secondary Conservation Areas should
be part of substantially sized and/or contiguously linked open space sections
and meet guidelines as put forth in Section F.I.
CA Access to Open Space
All
CA Access to Open Space
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• General public accessibility within open space should be determined
through a case -by -case evaluation of the goals and uses of the open space
in that particular development.
Primary Conservation Areas, because of their considerable recreation,
scenic and cultural public values, should ideally be made available for the
use of the public at large through access by public road. However, it will
not be feasible for public use to be provided in all cases (e.g. fragile
cultural sites, protected and/or private habitat areas, hazardous slopes
and wetlands, etc.).
Secondary Conservation Areas should ideally be available to, at least,
subdivision residents, particularly when it includes active and passive
recreation areas. In some cases, this level of public entry may not be
appropriate (e.g. working timber or agricultural resource areas).
• If less than half of designated open space is Primary Conservation Area,
the subdivision plan shall provide direct access to Primary or Secondary
Conservation Area to at least 75% of project lots. The remaining lots
shall be within approximately 300 feet of an accessible point of Primary
or Secondary Conservation Area.
If the majority of open space is Primary Conservation Area, the
subdivision plan shall provide direct access to Primary or Secondary
Conservation Area to at least 50% of project lots. The remaining lots
shall be within approximately 600 feet of an accessible point of Primary
or Secondary Conservation Area.
C -5 C--3- Ownership of open space.
Open space within a flexible development may be owned and/or administered by any of
the following methods, either individually or in combination. All open space shall be
permanently restricted from further subdivision.
• Fee simple dedication to the county, another unit of local government,
the state or a private nonprofit land conservancy. The county may
reject any proposed dedication at its discretion prior to or during the
application.
• Dedication of conservation easements to the county, another unit of
local government, the state or a private nonprofit land conservancy.
Such easements may apply to a single property owned by a
homeowner's association and/or to all or portions of individual lots
owned by one or more property owners. The county may reject any
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proposed dedication at its discretion prior to or during the
application.
• Ownership by a homeowner's association where specific development
restrictions and maintenance requirements are included as part of its
bylaws and as irrevocable articles of restrictive covenants.
• Ownership by individual property owners, of estate lots only, where
specific development restrictions and maintenance requirements are
included as part of restrictive covenants and/or permanent
conservation easements applicable to such lots.
Where conservation easements have been dedicated prior to application for approval of a
flexible development proposal, the land subject to the easement may be counted toward
satisfying the 33 percent open space requirement, provided that it is a portion of and in
the same ownership as the land to be subdivided.
C -6 C-4—Maintenance of Open Space
Natural features shall be maintained in their natural condition, but may be modified to
improve their appearance, functioning or overall condition, as recommended by experts
in the particular area being modified. Permitted modifications may include the following:
• Reforestation;
• Woodland management;
• Pasture or cropland management;
• Buffer area landscaping
• Stream bank protection; and/or
• Wetlands management
Unless accepted for dedication or otherwise agreed to by the county, another unit of local
government, the state or a private nonprofit land conservancy, the cost and responsibility
of maintaining open space and any facilities located thereon shall be borne by the
property owner and/or homeowner's association.
Section 2 Section F EVALUATION CRITERIA
All open space planning should show consideration of the specific physical
characteristics of the land parcel being developed, creativity in design, and
maximization of functionality. At Fof any given site, the types of resources may vary
widely in importance ; (e.g., a natural area compared to a historic site) and b 'sr
each type of resource may have areas of greater or lesser significance ;(e.g. a notable
example of local vernacular building traditions compared to a much altered older home).
Priorities for conserving such resources should therefore be based upon a thorough site
analysis and an understanding of what is more special, unique, noteworthy,
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environmentally sensitive and/or historic as compared with other similar features of
different types of resources.
In evaluating the layout of lots and open space, the following criteria will be considered
as indicating design appropriate to the site's features and meeting the intent of the
Flexible Development standards. Whereas diversity and originality in lot layout are
encouraged, it is recognized that not all objectives may be achieved on a given site. Each
applicant must therefore achieve the best possible relationship between development and
preservation objectives.
F.1 General Criteria
The following criteria apply to all Flexible Development projects:
• The shape and placement of the open space shall be reasonably contiguous,
coherently configured, and shall abut existing or potential open space on adjacent
properties, and shall be supportive of bene€eial to stated open space goals. Long,
aaFrew segments mitst be avoided r ,
r J b • jj+ +w vi yr Open
space should not be overly fragmented or in long narrow segments (except in the
case of pedestrian access ways, stream or wildlife corridors, greenbelt paths,
view preservation areas (also viewsheds or visual amenity preservation areas — an
area left open to allow for the public viewing of one or more natural or constructed
features of high visual quality), or landscape buffers adjoining street rights -of-
way and/or neighborhood boundaries).
Open space shall be connected, when applicable and reasonable, to other open
space in the same project and/or to existing or potential off -site open space or
pedestrian paths in land parcels adjacent to the Flexible Development area.
• The pedestrian circulation system shall be designed to ensure that pedestrians can
walk safely and easily on the site, between properties and activities or special features
within the neighborhood open space system. All roadside footpaths should connect
with off -road trails, and link with existing or potential open space on adjoining
parcels.
• Protect and preserve all wetlands, floodplains and steep slopes from clearing, grading,
filling or construction except as may be approved by the board of commissioners.
• Landscape common areas (neighborhood greens), cul -de -sac islands, and both sides
of new streets with native specie shade trees and flowering shrubs with high wildlife
conservation value.
Section 3 This ordinance is effective upon adoption
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NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners
that this Ordinance entitled "An Ordinance Amending the Subdivision Regulations of
Orange County" be adopted.
Upon motion of Commissioner seconded by
Commissioner , the foregoing Ordinance was adopted this
the day of 92003.
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.
SEAL
Clerk to the Board of Commissioners
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An Ordinance Amending the Subdivision Regulations of Orange County
Be it ordained by the Board of Commissioners of the County of Orange, North Carolina,
that the Subdivision Regulations are hereby amended as follows:
SUBDIVISION REGULATIONS
Section IV -B -10. FLEXIBLE DEVELOPMENT (Pages 61 -65)
(Amended to read as follows. Bold type indicates proposed new language and
strip type indicates proposed deleted language)
Section C OPEN SPACE STANDARDS
C.1 Minimum Required Open Space
Where a developer elects to seek approval of a Flexible Development as specified herein,
at least thirty -three percent (33 %) of the total land area in the Flexible Development must
be set aside as protected open space. Such open space shall meet these standards unless
the developer chooses to seek approval of a conventional subdivision as specified herein.
C.2 Open Space Functionality
A goal a Flexible Development subdivision plan is to provide open space that is
functional. Functional open space is that which provides as many of the following
beneficial goals as is feasible:
• The Protection of Natural Resources
• The Protection of Rural Character
• The Improvement or Maintenance of Visual Amenities
• The Creation or Protection of Space for Outdoor Recreation
• The Creation or Protection of Managed Resource Production
• The Improvement or Maintenance of Public Health and Safety
• The Creation or Protection of Public Purpose and/or Utility
Infrastructure
The primary means of achieving these functionality goals in open space design is by
addressing three primary land characteristics. All Flexible Development plans
should highlight, to the greatest extent practicable, these characteristics in direct
correlation to the functional open space goals listed above. An open space plan may
also use other land characteristics in planning functional open space, if a direct link
to those goals can be established.
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• Composition — The on -site physical characteristics of land are an
important means of determining what sorts of functionality goals it can
support as open space. For each of the seven functional open space goals,
certain characteristics are required or preferred. Compositional
requirements and preferences are stated throughout this section.
• Accessibility — Shared functional open space must be publicly available.
All Flexible Development plans shall strive to provide open space access
to the public at large and/or subdivision residents, in accordance with
Section CA.
Size and Shane — The functionality of rural open space is often
diminished when it is fragmented or disproportionately shaped in long
narrow segments. Functional open space is ideally large enough in size to
maximize the benefits of open space to ecological, environmental,
recreational and/or visual uses. Size and shape requirements are listed
in Section F.1.
C.3F.4Types of Open Space
The types of open space conserved through Flexible Development shall be consistent
with the following standards:
a. Open space shall be comprised of two types of land: "Primary Conservation
Areas" and "Secondary Conservation Areas ".
b. Primary Conservation Areas These areas
represent sensitive environmental features and/or significant cultural resource
areas, which may make them legally, or practically unbuildable. Primary
Conservation Areas are, by definition, functional because the ecological and/or
social benefits that mark their classification are significant. These areas are the first
type of open space to be designated on a Flexible Development Concept PIan
towards satisfying the minimum open space requirement. Secondary Conservation
Areas may not be selected as part of the 33% requirement unless all potential
Primary Conservation Areas, except expansion areas (as defined below), have been
set aside.
Wetlands, including, but not limited to, streams, creeks, ponds, reservoirs,
stormwater management facilities for watershed protection purposes, and
adjoining land areas identified as part of
0 The National Wetlands Inventory Maps for the county, prepared by the
U.S. Fish and Wildlife Service;
0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil
Conservation Service;
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0 The "Inventory of Natural Areas and Wildlife Habitats," as prepared by
the Triangle Land Conservancy;
0 LANDSAT satellite data collected and analyzed under the Albemarle -
Pamlico Estuarine Study;
0 A required environmental assessment or environmental impact statement;
and/or
0 A site analysis conducted by a registered engineer, land surveyor,
landscape architect, architect or land planner using data from the U.S.
Army Corps of Engineers.
• Floodplains (100 -year) and alluvial soils identified as part of:
0 The "Flood Insurance Study: Orange County, N.C.," prepared by the
Federal Emergency Management Agency (FEMA); and
0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil
Conservation Service.
• Steep Slopes, defined as those greater than 25 percent, identified as part of.
0 The "Orange County, N.C. Soil Survey," prepared by the U.S.D.A. Soil
Conservation Service; and/or
0 A site analysis conducted by a registered engineer, land. surveyor,
landscape architect, architect or land planner and calculated using
topographic maps from an actual survey or from the U.S. Geological
Survey.
• Natural Areas, and Wildlife Habitats and 4ders as identified as part of-
0 The "Inventory of Natural Areas and Wildlife Habitats," as prepared by
the Triangle Land Conservancy;
0 A required environmental assessment or environmental impact statement;
and/or
0 An independent site study conducted by a trained botanist and/or biologist.
• Historic and Archaeological Sites listed on the National Register of Historic
Places or included on the state's national register study list, designated as a local
historic landmark, designated as a local historic district, and/or identified as
having a high potential for archaeological remains as part of:
0 The "Chapel Hill Township Architectural Survey: Final Report';
0 The "Orange County Multiple Property Documentation Form: Historic
Resources of Orange County ";
0 "An Archaeological Survey of Portions of Orange County, N.C. ";
0 A required environmental assessment or environmental impact statement;
and/or
0 An independent site study conducted by a trained architectural historian or
archaeologist.
17
Where a historic or archaeological site is to be set aside as a separate lot, and
preserved and/or restored as part of a flexible development, the entire area within
the lot may be credited toward meeting the minimum open space requirement.
• Wildlife Corridors as identified by Section 2.2 of the most recent Land Use
Element of the Orange County Comprehensive Plan.
• Expansion of any of these areas
• A single, contiguous area of open space that meets one or more of
the provided definitions of Primary Conservation Area may be
expanded by up to 20% of its area to provide an additional buffer.
Although the expansion area may not meet any other definitions of
Primary Conservation Area, it may be considered as such, except:
a) Expansion areas may not be, in tarn, expanded under this
provision,
b) Expansion areas may not be selected as Primary Conservation
Area unless all site areas meeting any other Primary
Conservation Area definition have already been classified as
open space, and
c) Expansion areas should have the same composition as the
Primary Conservation Area that they are expanding
.
C. Secondary Conservation Areas eensist ef th f He"s"s site f " � When the
33% open space requirement is not filled by Primary Conservation Area, this
secondary set of criteria is used to complete the requirement. These more electively
sited spaces are used to increase and diversify the functionality of the site's total
open space plan by following the criteria set forth in this section. These areas,
unless specified otherwise, receive full credit toward meeting the minimum open
space requirement of Flexible Developments.
Access - Open space areas may be chosen as' Secondary Conservation Areas
because of their benefit in providing open space access to residential lots in
accordance with regulations listed in Section CA. These areas shall also
include desired compositional and size and shape attributes, as listed in this
section. '
Composition - Sites chosen for Secondary Conservation Areas must have one
or more of the following characteristics or uses:
• Woodlands, including forest land for the planting and production of trees and
timber, where management practices such as selective timber harvesting and
W
wildlife enhancement are employed. Such woodlands may consist of
hardwood, pine, and/or mixed pine - hardwood forests identified as part of-
0 LANDSAT satellite data collected and analyzed under the Albemarle -
Pamlico Estuarine Study;
0 A site analysis conducted by a registered engineer, land surveyor,
landscape architect, architect or land planner using aerial photographs
and/or satellite imagery;
0 A required environmental assessment or environmental impact
statement; and/or
0 An independent site study conducted by a trained botanist and/or
forester.
• Farmland, especially prime agricultural land as identified by the U.S.D.A. .
Soil Conservation Service in "Important Farmlands: Orange County, N.C."
and which is in active use for the production of crops and/or raising of
livestock. Farmland also includes space on individual lots used for gardens,
ponds, horse paddocks and barns, and similar uses.
• Slopes of 15% to 25% which require special site planning due to their erosion
potential, limitations for septic tank nitrification fields, and terrain or elevation
changes. Such areas may be suitable for building, but higher site preparation
and construction costs are to be expected.
• Other Historic and/or Archaeological Sites identified from the same sources
as for primary conservation area sites.
• Public and /or Private Recreation Areas and Facilities, including:
0 "Active recreation areas" such as public recreation areas, including
district and community parks as identified in the master recreation and
parks plan; and private recreation facilities, including golf courses,
playing fields, playgrounds, swimming pools and courts for tennis,
basketball, volleyball and similar sports. Because they represent uses
in which natural lands are cleared, graded and managed for intensive
activities, only half (50 percent) of the land in this category may be
credited toward meeting the minimum open space requirement.
0 "Passive recreation areas" such as pedestrian, bicycle and equestrian
trails, picnic areas, community commons or greens, and similar kinds
of areas, whether public or private. Land in this category receives full
credit toward meeting the minimum open space requirement.
• Scenic Views, especially of natural and cultural features from designated
scenic road corridors, including views from the road as well as views outward
from potential home sites. Landscape buffers which screen the view of
development and preserve the character of rural public roads are also included
in this category.
19
Pedestrian Access Paths, corridors of at least 50 feet in width, which
should be able to accommodate recreational uses and conservation goals,
and allow pedestrians to reach other open space areas in the subdivision
on foot. Pedestrian access paths should be consistent with definitions and
guidelines for paths set forth in existing Orange County ordinances and
regulations.
All paths must be connected at least once to another type of open space.
If a single Flexible Subdivision area has more than one path, the open
space plan should, if practicable, be redrawn to connect them into a single
path system. All paths should reach at least one outside edge of the
subdivided property so that they may potentially be connected to
pedestrian paths on future projects on adjacent properties.
• Roadside Buffers, areas buffering public roads, when they are at least 100
feet in width, measured in one direction from the nearest edge of the
road. Roadside buffers must be composed of undisturbed natural
vegetation.
• Greenbelt Linkages, areas that can be used as part of a connected
greenbelt path, within an approved County Greenbelt program.
Size and Shape - Whenever: possible, Secondary Conservation Areas should
be part of substantially sized and/or contiguously linked open space sections
and meet guidelines as put forth in Section F.1.
' d -fi .l 1. .7 uflless •peeified t—he —v i-se fi 11 dit 4 .7 me r.D
+l. a e.. +.i F ble level. „....e« s
Y `l�� r
CA Access to Open Space
The level of public access to open space is determined based on the type of space
that is being preserved. Primary Conservation Areas, because of their considerable
public value. for recreation and scenery, are intended to be made available to the
public at large through public paths accessible by public road and/or direct access
by public road: Secondary Conservation Areas of common use shall be, at least,
accessible to site subdivision residents
Open space plans shall provide direct contiguous access to Primary or Secondary
Conservation Area to at least 75% of project lots, and access to Primary or
Secondary Conservation Area within 300 feet of each of the remaining lots.
In cases where the majority of open space is Primary Conservation Area, which is
sited by composition and not by elective locational value, only 50% of project lots
20
must be directly contiguous to Primary or Secondary Conservation Area. All
remaining lots must be within 600 feet of Primary or Secondary Conservation Area.
C -5 G-3- Ownership of open space.
Open space within a flexible development may be owned and/or administered by any of
the following methods, either individually or in combination. All open space shall be
permanently restricted from further subdivision.
• Fee simple dedication to the county, another unit of local government,
the slate or a private nonprofit land conservancy.
Dedication of conservation easements to the county, another unit of
local government, the state or a private nonprofit land conservancy.
Such easements may apply to a single property owned by a
homeowner's association and/or to all or portions of individual lots
owned by one or more property owners.
• Ownership by a homeowner's association where specific development
restrictions and maintenance requirements are included as part of its
bylaws and as irrevocable articles of restrictive covenants.
• Ownership by individual property owners, of estate lots only, where
specific development restrictions and maintenance requirements are
included as part of restrictive covenants and/or permanent
conservation easements applicable to such lots.
Where conservation easements have been dedicated prior to application for approval of a
flexible development proposal, the land subject to the easement may be counted toward
satisfying the 33 percent open space requirement; provided that it is a portion of and in
the same ownership as the land to be subdivided.
C -6 GA-- Maintenance of Open Space
Natural features shall be maintained in their natural condition, but may be modified to
improve their appearance, functioning or overall condition, as recommended by experts
in the particular area being modified. Permitted modifications may include the following:
• Reforestation;
• Woodland management;
• Pasture or cropland management;
• Buffer area landscaping
• Stream bank protection; and/or
• Wetlands management
21
Unless accepted for dedication or otherwise agreed to by the county, another unit of local
government, the state or a private nonprofit land conservancy, the cost and responsibility
of maintaining open space and any facilities located thereon shall be borne by the
property owner and/or homeowner's association.
Section F EVALUATION CRITERIA
All site planning for open space should evidence a consideration of the specific
nature of the parcel being developed and a creativity in design which maximizes
aspects of functionality. At Far any given site, the types of resources may vary widely
in importance ; (e.g., a natural area compared to a historic site) and bikeA49e, er each
type of resource may have areas of greater or lesser significance 4e.g. a notable example
of local vernacular building traditions compared to a much altered older home). Priorities
for conserving such resources should therefore be based upon a thorough site analysis
and an understanding of what is more special, unique, noteworthy, environmentally
sensitive and/or historic as compared with other similar features of different types of
resources.
In evaluating the layout of lots and open space, the following criteria will be considered
as indicating design appropriate to the site's features and meeting the intent of the
Flexible Development standards. Whereas diversity and originality in lot layout are
encouraged, it is recognized that not all objectives may be achieved on a given site. Each
applicant must therefore achieve the best possible relationship between development and
preservation objectives.
F.1 General Criteria
The following criteria apply to all Flexible Development projects:
The shape and placement of the open space shall be reasonably contiguous,
coherently configured, and shall abut existing or potential open space on adjacent
properties, and shall be beneficial to stated functional open space goals. leg,
H&_mw segments must - avoided emeept-in the ease of tn4l -.-- s--e-am raeffider-s er-
landscape buffers adjoining t + rights c y and/er- neighbe&eed b ff Open
space should not be overly fragmented or in long narrow segments (except in the
case of pedestrian paths, stream or wildlife corridors, greenbelt paths . or
landscape buffers adjoining street rights -of -way and/or neighborhood
boundaries). Electively sited individual open space areas (e.g. Secondary
Preservation Areas) should typically have agglomerated shapes.
Open space shall be connected, when applicable and reasonable, to other open
space in the same project and/or to existing or potential off -site open space or
pedestrian paths in land parcels adjacent to the Flexible Development area.
22
• The pedestrian circulation system shall be designed to ensure that pedestrians can
walk safely and easily on the site, between properties and activities or special features
within the neighborhood open space system. All roadside footpaths should connect
with off -road trails, and link with existing or potential open space on adjoining
parcels.
• Protect and preserve all wetlands, floodplains and steep slopes from clearing, grading,
filling or construction except as may be approved by the board of commissioners.
• Landscape common areas (neighborhood greens), cul -de -sac islands, and both sides
of new streets with native specie shade trees and flowering shrubs with high wildlife
conservation value.
23
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that this Ordinance entitled "An Ordinance Amending the
Subdivision Regulations of Orange County" be adopted.
Upon motion of Commissioner seconded by
Commissioner , the foregoing Ordinance was adopted this
the day of 92003.
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.
SEAL
Clerk to the Board of Commissioners
24
Flexible Subdivision Open Space Amendment
Questions and Answers
Public Hearing 5127103
1— Why, under the proposed amendment, do some Flexible Subdivisions have
different open space proximity requirements?
The proposed regulation states that a subdivision plan with more than 50% of its open
space defined as Primary Conservation Area will be required to provide direct access to
open space for 50% of lots and access to open space within approximately 600 feet to the
rest of the lots. Subdivision plans in which the open space is less than or equal to 50%
Primary Conservation Area will have to provide direct access to 75% of the lots and
access within approximately 300 feet to the remainder.
r
The reason for the difference between projects is that Primary Conservation Area is
determined by a small number of pre - selected natural or cultural values, meaning that that
these areas cannot be moved or reshaped. Secondary Conservation Area, on the other
hand, can be chosen through commonly existing characteristics that can be
accommodated in many more locations. Because of this, a site plan where a majority of
open space is Secondary Conservation Area offers more opportunity, and responsibility,
to place the open space where it will be more easily accessible to residents and/or the
general public. Conversely, if the same accessibility goals were applied when the
majority of the open space in a development was in a pre - determined location, the
developer would end up being negatively impacted despite protecting the highly valuable
Primary Conservation Areas on the property.
The 600 -foot and 300 -foot figures were chosen as representative of a reasonable distance
that someone would walk to open space and a reasonable number of lots that should be
allowed in a row in a rural subdivision without any connected open space. 600 feet is the
width of approximately four rural lots and 300 feet is the width of approximately two
rural lots. Having looked at other projects, this distance was thought to be a fair measure
for maintaining County character while still being practical to accommodate in new
development proposals. .
The most current version of the proposed amendment has made the 600 -foot and 300 -foot
figures `approximate', rather than fixed. This recognizes the need to evaluate the overall
merit of the open space proposal in a particular subdivision. This language should allow
the Planning Board and Board of County Commissioners to be more flexible in the
application of this rule on projects with varied characteristics.
2 What is the level of general public access required to open space in a Flexible
Development Subdivision?
The proposed amendment suggests that Primary Conservation Area should be `ideally'
open to the general public, as these areas have high public values because of their natural
25
and cultural attributes. In some cases, this open use will be mandated by a Parks and
Recreation land dedication, as part of the subdivision plan approval. There is, however,
no requirement that private open space be open to the public. In some cases, open spaces
may have limited access because of fragile habitats or steep slopes. Plans should at least
accommodate local subdivision access to private Primary Conservation Areas for
maintenance purposes.
Secondary Conservation Areas are intended to be available to, at least, the subdivision
residents, particularly when they include pedestrian paths and other active or passive
private recreation areas. Again, this is not required. There are some defined Secondary
Conservation Area uses that would not necessarily be compatible with public access,
such as managed timber and agricultural resource areas.
In all circumstances, the overall goals of a project's open space plan should be taken into
account on a case -by -case basis when determining the level of public or private access to
its open spaces. These plans of access and use would be according to the subdivision
Resolution of Approval.
3 — What is the definition of a pedestrian access way?
A pedestrian access way is a Secondary Conservation Area that is undeveloped, fifty feet
wide, under common ownership and reasonably passable by foot. There is no
requirement that a path be constructed in pavement, gravel, mulch, or any other material.
The building of a path may be appropriate, and projects should be examined on a case -
by -case basis to determine when the open space purpose and layout suggest that a path
should be built.
For example, a walkway ringing a development, or leading to a developed park may
require a constructed path to be fully useful as an outdoor recreational amenity. An open
channel between homes that leads into undeveloped Primary Conservation Area may not
have as much use for a developed trail, since the stream bank, wetland or habitat area it
leads to may itself not be suited for general pedestrian traffic.
The language in this section has been changed from the version presented at the Public
Hearing. At that time, this was referred to as a `Pedestrian Access Path'. This change
was made to make it clearer that this open space is only required to be an open corridor.
It is also now explicitly stated that an improved path is not required. Some landscaping
may be requested for passability purposes or an improvement of the overall functionality
of the space (rather than being a barren strip).
The pedestrian access way is probably the easiest way to create Secondary Conservation
Areas, since it does not have other composition requirements that increase cost or limit
potential locations. It is intended that the liberal allowance of this open space will
encourage developers to use pathways to ensure the accessibility of all residents to open
space. The access ways are not intended to be interchangeable with wildlife corridors,
and serve as linkages between large habitat and natural resource areas.
4 — Why are pedestrian access ways mandated at fifty feet in width?
Currently, there is no width requirement for open space paths, which have been as narrow
as 15 -foot easement corridors in some recent project proposals. Homes in a Flexible
Development Subdivision have a 20 -foot setback requirement, so it is possible that
pedestrians maybe forced to walk very closely to residences. This forces a sense of
encroachment and trespass on the pedestrians, and increases the likelihood that
homeowners will be disturbed. A 50 -foot commonly owned pedestrian area, combined
with the 20 -foot home setbacks, ensures a 90 -foot area between homes with ample space
for pedestrians to pass. This should increase the usefulness of the paths to visitors and
make them more palatable to adjacent residents.
This requirement does not mean that improved walking paths would have to be made 50-
feet wide. There is no mandated width for any actual recreational paths. The proposed
rule only creates a 50 -foot wide natural corridor, of which an improved -path may or may
not be a part, pursuant to Planning Board and Board of County Commissioners' approval.
Fifty feet was selected because it is consistent with existing Parks and Recreation
language mandating 50 -foot corridors for connecting public open -space parcels.
5 — How would these proposed changes affect projects in the Urban Growth
Boundary versus a Rural Conservation Area? How will these proposed subdivision
changes affect affordable housing plans?
Concern was expressed that forcing increased access to open space might reduce lots and
raise home prices. In particular, the question was raised about how this would affect
development in the more densely developable areas in the Urban Growth Boundary, as
compared to projects in the more rural portions of the county.
In both urban and rural settings, proximity to open space is considered a desirable
characteristic of residential housing development. The proposed open space amendment
is not designed to change densities or mandate identical development styles throughout
the County. Open space will still be able to fit the goals and location of a particular new
development.
The majority of subdivisions being reviewed in Orange County are in rural areas, where
the open space component is generally intended for wildlife and environmental resource
protection. Minimum lot sizes of 40,000 square feet are typical. In the rural areas,
cluster subdivisions are encouraged, and the proposed amendment is intended to
intersperse the open space access points, allowing that protected rural space to be viewed
and used in the developed area.
In the Urban Growth Boundary, open space is used more often as a shared recreational
amenity, because residents may not have large enough yards to have recreation space on
their own property. Typically in the Urban Growth Boundary, the presence of water and
27
sewer infrastructure will allow minimum lot sizes of 14,000 square feet. The open space
requirement should add value to the urban development, but not significantly decrease
density, nor allow additional lots. In some cases, a developer may increase densities by
dedicating off -site additional open space (Section G, Sudivision Ordinance), or on- or
off -site affordable housing, thereby restoring any lost lots caused by the open space
ordinance amendment.
Residents of cluster subdivisions in the Urban Boundary will benefit from the proposed
amendment by the provision of nearby recreation amenities. The cluster subdivision may
be used in both the rural and urban areas, but it will continue to look very different
depending on the minimum lot sizes and open space uses.
It is not expected that these changes will significantly reduce lots in either setting.
Examples using existing subdivision plans were provided at the public meeting, showing
that the effect this amendment would have on total lot potential is expected to be small.
In the examples, the number of lots that would be removed to meet the standard were a
small percentage of the total number. If these subdivision plans had been designed using
the proposed open space guidelines from the beginning, it may have been possible to
reduce the number of lost lots even further, or perhaps to even retain all lots through
improved site design.
W-1
APPROVED 08/19/2003 MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
JOINT PUBLIC HEARING AGENDA
May 27, 2003
The Orange County Board of Commissioners and the Orange County Planning Board met in
joint session for a public hearing on Tuesday, May 27, 2003 at 7:00 p.m. in the F. Gordon
Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Alice M. Gordon,
Stephen H. Halkiotis and Barry Jacobs
COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr.
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: Vice -Chair Hunter Schofield and
members Crauford Goodwin, Barry Katz, Sam Lasris, Renee Price, .Noah Ranells, and
Ted Triebel
PLANNING BOARD MEMBERS ABSENT: Chair Nicole Gooding -Ray and members
Jay Bryan, Howard McAdams, Rachel Preston, and Maria Tadd
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
PERMANENT AGENDA FILE IN THE
A. 1. OPENING REMARKS FROM THE CHAIR
Chair Brown said that Commissioner Carey could not be in attendance. She stated
the reasons for the public hearing. There are two school items and three planning items.
A. 2. PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
B. SCHOOLS ITEM
1. Proposed Third High School In The Chapel Hill - Carrboro Schools
System
John Link gave a summary of the major elements of the process that they have gone
through in looking at providing high school space for the Chapel Hill - Carrboro City
School system ( CHCCS). In spring of 2001, the Capital Needs Task Force made
recommendations to the Board of County Commissioners that there was a need for two
elementary schools in the CHCCS. One school is being built at Meadowmont and the
other one is Elementary School #10. Since that time and since the voters approved the
bonds in 2001, the CHCCS board has identified alternatives for high school space. The
school board is proposing the site at Rock Haven Road. Because the voters did vote on
funding for elementary schools with the bonds, then this public hearing is to hear
29
comments on transferring the $12.8 million from Elementary School #10 to High School
#3. He said that the County staff looks at it as
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis
to refer the proposed amendments to the Planning Board for a recommendation to be
returned to the BOCC no sooner than August 19, 2003.
VOTE: UNANIMOUS
2. Orange County Subdivision Regulations Text Amendments
a. Amend Sections II, IV and other related sections to define and
regulate the open burning of trees, limbs, stumps and
construction debris associated with the development of
subdivisions.
This item was addressed above.
b. Amend Section IV -B -10. Flexible Development — Section C,
Open Space Standards to require that at least 75% of
residential lots in a proposed development be contiguous on
one or more sides to the system of open space.
Craig Benedict said that this is a requested amendment to the subdivision requirements
related to flexible development. Presently, the requirement for open space is 33% if the
flexible development option is used. The proposed amendment is an effort to explain more
about the functionality of the open space and the characteristics of it. He gave some
examples of subdivisions in the County and the configuration of the open space. The
intention is not to reduce the amount of lots, but to increase the accessibility of the open
space.
Commissioner Gordon asked about the 50 -foot easement. Craig Benedict said that this
would just be open space and a 50 -foot corridor would make the open space accessible
and would not encroach upon the adjacent properties.
Commissioner Gordon asked how big the path would be. Craig Benedict said that this is
not a requirement for a path to be put in. Commissioner Gordon pointed out that the
language says "pedestrian access paths ". Craig Benedict said that this language could be
changed. The subdivision applicant will decide, with direction, what the 50 -foot area should
look like.
Commissioner Jacobs asked about the side yard setbacks and Craig Benedict said 20 feet.
Commissioner Jacobs said that this is an improvement to the open space provisions. He
suggested on page 11 — C2 — Open Space Functionality, "maintenance of wildlife habitat."
He also suggested putting some of the language in more understandable terms for the
public.
Hunter Schofield said that some high - density developments such as affordable housing
might come into conflict with these amendments. He said that we might need to look at
how we use our open space standards to help or hinder some other County priorities.
30
Renee Price asked about the setback requirements and open space and the impact it
would have on lower and moderate - income housing.
Craig Benedict said that they would accent this about the impacts as they move forward.
He said that in some cases the open space adds to the value of the lots and it also
supports clustering lots and could make them more affordable. Richmond Hills in Efland is
a good example of affordable housing and open space working together.
Craufurd Goodwin asked about open space in primary conservation areas and if it was
open to the general public. Craig Benedict said that there is no mandate for it to be open to
the general public. If it is a primary conservation area and it is dedicated to the public, this
will be determined during the subdivision process.
Commissioner Gordon asked about the 300 feet or less from the open space access point
and 600 feet or less. She asked Craig Benedict how he came up with these numbers.
Craig Benedict said they looked at existing subdivisions over the last four years and which
ones had good access and ones that were not meeting the goal of connectivity. He said
that they would elaborate more on some of the examples of the standards. Commissioner
Gordon just wants the staff to think about it and what it means.
Commissioner Jacobs said that since the 300 -foot and the 600 -foot standards are arbitrary
numbers based on previous experience, he suggested having some flexibility without
sacrificing the intent. Craig Benedict agreed that flexibility is important.
Public Comment - none
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis
to accept the Manager's recommendation to refer the proposed amendments to the
Planning Board for a recommendation to be returned to the BOCC no sooner than
August 19, 2003.
VOTE: UNANIMOUS
31
MINUTES
ORANGE COUNTY PLANNING BOARD
AUGUST 6, 2003
REGULAR MEETING: 6:30 -9 :30 P.M.
MEMBERS PRESENT: Jay Bryan, Chapel Hill at Large; Nicole Gooding -Ray, Chapel Hill at
Large; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel Hill at Large;.
Sam Lasris, .Chapel Hill at Large; Howard McAdams, Cheeks Representative; Renee Price,?
Chapel Hill at Large; Hunter Schofield, Cedar Grove Representative; Theodore Triebel, Little
River Representative
MEMBERS ABSENT: Noah Ranells, Bingham at Large; Maria Tadd, Bingham Representative;
STAFF PRESENT: Craig Benedict, Orange County Planning Director; Tom Altieri,
Comprehensive Planning Supervisor, David Lentzer, Planner H; Eddie Kirk, Planner II; Karen
Lincoln, Transportation Planner; Dianne. Reid, Economic Development Director
OTHERS PRESENT: Bill Bird (Developer), Forest Evans (sales for BB Walker), Steve Yuhasz
(Surveyor)
AGENDA ITEM #1: CALL TO ORDER AND ROLL CALL
Chair Gooding -Ray called the meeting to order.
AGENDA ITEM #2: INFORMATIONAL ITEMS
a. September, 2003 Calendar
■ August 11, 2003 Board of Adjustment regarding a 150 -foot AT &T Tower
in the Bingham Township
■ August 19, 2003 Work Session for the August 25 meeting at 5:30 P.M. in
the Government Services Center
■ August 25, 2003 'Joint Meeting of the County Commissioners
b. Board of Adjustment Agenda Cover Sheet — August 11, 2003
AGENDA ITEM #3: CONSIDERATION OF ADDITIONS TO AGENDA
Craig Benedict asked to switch items 11 and 12 around on the agenda.
Chair Gooding -Ray agreed.
AGENDA ITEM #4: APPROVAL OF MINUTES
May 7, 2003 - Regular Meeting
MOTION was made by Barry Katz to accept the minutes with minor changes. Jay Bryan
seconded motion.
VOTE: Unanimous
VOTE: All ayes.
32
9. ii. Amendment in open space Standards for Flexible Subdivision Developments
Presenter: David Lentzer
PURPOSE: To consider a recommendation to the Board of County Commissioners on a
proposed amendment to the open space Standards in Subdivisions following the Flexible
Development option.
BACKGROUND: Flexible Development, Section IV-B-10 of the Subdivision Regulations, was
adopted on July 1, 1996. Section C of the code requires that Flexible Subdivisions set aside at
least 33% of the total laud area as protected open space. The current open space standards apply
required compositional elements for Primary and Secondary Conservation Areas, and some
guidelines for open space shape design.
The proposed amendment is designed to.improve the layout of open space under these
regulations by making it more accessible to the public (i.e. subdivision property owners or, in
some cases, the general public) for view or use. This was in response to concerns that new
subdivisions were not maintaining the county's rural character because they were creating large
blocks of more urban -style residential lots unbroken by natural areas and lacking open space
connectivity.
The initial amendment was brought forth at the May 27, 2003 Public Hearing and comments
were received from the Board of County Commissioners and the Planning Board. The following
changes have been made in the ordinance amendment text in response to those comments:
1. The classification of `Pedestrian Access Paths' in Section C.3.c `Secondary Conservation.
Areas' has been changed in name to `Pedestrian Access Ways'. It has been explicitly stated
in the text that this designation does not require the construction of an improved path, but
must only be: a) SO feet wide b) in common ownership c) undeveloped. except for
recreational amenities and d) reasonably traversable by foot. The determination of when
pedestrian improvements should be required in an access way is left to a case -by -case .
analysis of the overall open space goals of the proposed subdivision and recommended by the
Planning Board.
2. An additional functional open space goal, `The Maintenance of Wildlife Corridors and
Habitat', has been added in Section C.2 `Planning for Open Space'.
3. The ordinance language has been edited throughout the amendment for improved readability
and brevity.
4. The language was changed in Section CA `Access to Open Space' to more clearly allow the
ability to limit general public encroachment into Flexible Subdivision open space. The
amendment still suggests that open space will .`ideally' be available for the use of subdivision
residents and/or the general public. It is now stated that this access may not be reasonable in
all cases. As with the more flexible determination of access way improvements, public
access into open space is now considered a case -by -case decision based on the overall goals
of the subdivision's open space plan.
luc
33
5. The required distances to open space put forth in Section CA `Access to Open Space' have
been made more flexible. The previous language required that a certain number of lots
would have to be 300 feet or 600 feet from an accessible point of open space. The new
language requires those lots to be `approximately' those distances from open space,
reflecting that the basis of those distances would be according to the overall merit of the open
space proposal.
6. A new paragraph was added at the beginning of Section C.2, `Planning for Open Space'
stressing the need for open space to be planned and to become a comprehensive inclusion
into the subdivision design. The language is designed to allow a stronger basis for the case -
by- case analysis of open space arrangement in Flexible Subdivision plans by the Planning
Board and Board of County Commissioners.
PROCESS
Public Hearing May 27, 2003
Planning Board Recommendation August 6,2003'
BOCC to make decision no sooner than August 19, 2003
FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision.
David Lentzner stated the changes were basically. two types. One change was to improve the
clarity of the language. There are a few areas, where the language was confusing and was
changed. The other type of change was to make it less of a strict regulatory approach. The
language was changed to give the Planning Board and the Board of County Commissioners more
ability to tailor their requirements for open space to each development. The main changes were:
1) To change "Pedestrian Access Paths" to "Pedestrian Access Ways" to take away the
confusion about whether or not a path had to be constructed. The need for a path would be
applied on a case -by -case basis.
2) An additional functional open space goal — "The Maintenance of Wildlife Corridors and
Habitats ".
3) Generally, the language was changed to improve readability and brevity.
4) The Section "Access to Open Space" now more clearly limits general public encroachment
into Flexible Subdivision Open Space.
5) In that same Section, required distances for access to open space have been made more
flexible..
.6) A new paragraph was added in Section C.2 stressing the need for open space to be planned.
Craufurd Goodwin expressed concern that the assumption was that everyone would like access
to Open Spaces and that somehow the public needs to be protected by forcing the developer to
guarantee access through proximity or direct accessibility. Why do you need to have this
included? Why not allow the developer simply construct this.
Chair Gooding -Ray asked if the open space is not available to the public, is it available to the
members. of the subdivision even if they would cross someone else's lot.
11
34
Craig Benedict answered both questions by saying the primary or secondary conservation areas
will be available to the homeowners association participates with part ownership of that common
area. If this area is an environmental resources such as a stream buffer, in the homeowners
association document it would distinguish the difference. To answer the question about whether
we should dictate as to parts of the sites being accessible to the general public, how the open
space Program is designed should be available to all the homeowners in the subdivision and not
have it as an afterthought. There is a need for regulation to say don't separate your site by good
soil and bad soils and let that be the open space and subdivision design by setting some
percentages in what is primary and secondary open space.
Craufurd Goodwin did not see how that was connected. This deals only with the project lots not
with the general public. Secondly, if you want the developer to have a well thought out plan for
open space, that should be dealt with in the original presentation to the Planning Board. The
issue is `should the developer be required to make a certain portion of the lots have direct access
to that land'.
Craig Benedict stated that where there is a primary conservation area there were not as many
people, because you can't move the primary stream buffer. The secondary areas can be moved
throughout the site. Too often the visible lots were being clustered together with no open space
and looked crowded.
Jay Bryan would like to know if there is a Greenways Program in the County.
Craig Benedict answered there was not a specific Greenways Program. In the late 80s there was
discussion of a countywide system. That was a volatile subject and was not well received.
Jay Bryan asked if any of those newly identified areas on the map would be appropriate to do
greenways as opposed to the rural part of the County.
Craig Benedict answered that some of the regulations that discuss preserving conservation areas,
preserve them in some manner. The typical definition of greenways is open to the general
public. As part of our flexible development subdivisions we can preserve these green areas.
Jay Bryan commented that where the system is in place when the development comes, it affects
the development and the people who develop it or, it goes unnoticed that their land is part of it.
Craig Benedict said that in his opinion having something on a map that says greenway is the best
way to inform the general community and individuals who want to develop it. We will probably
talk about that issue in the next year and a have some of the :Boards involved in parks and
recreation issues.
Howard McAdams expressed concerned that. the Board is micromanaging the subdivision layout.
Craig Benedict noted the Mill Creek plan does achieve the goals of the new code. Some of the
access concerns in connecting the. open space between Phase Land Phase lI were achieved.
12
35
Ted Triebel asked the definition of "functional ". There are 8 goals and categories so if it would
further one of those goals because the others are not possible, then is it functional open space?
Craig Benedict answered yes. If you take 1 and ignore 7 others, that is not furthering as many as
possible.
Craufurd Goodwin noted that on the second paragraph page 075, Section C.2, is much more
complicated that dedication to the County. This easement requires due diligence on the recipient
and that is fairly expensive. Is the State willing to accept loss of conservation easements from
these developments and be prepared to diligently fulfill the obligations to check those regularly.
Craig Benedict agreed that it is a complicated process. We have sparingly presented to the
property owners the various conservancies, asking if they are interested. This item is not
available to some of the properties unless it meets lofty conservation goals of third parties. We
could put additional information in that this is an option, but it is an involved option.
Craufurd Goodwin said that it sounded like the County is willing to accept any conservation
easement that it is given.
Jay Bryan said that it is* the County's option to accept it.
Chair Gooding -Ray suggested there be a statement that the County may reject this option.
Craufurd Goodwin agreed.
Craig Benedict suggested putting a note under the heading that there is a process that may or
may not accept dedications in a certain manner.
Craufurd Goodwin asked for the definition of an estate lot.
Craig Benedict defined an estate lot as a 4 acre lot or larger.
Craufurd Goodwin asked why conservation easements have to be dedicated prior to application.
Jay Bryan replied that it says, "where they have been dedicated'.
Craig Benedict said this deals with subdivisions that may make arrangements and try to get a
credit.
Craufurd Goodwin asked if a developer comes in to discuss options, would one possibility be - a
conservation easement that is not permitted if this remains.
Craig Benedict responded that if it is included in the application, that is in the ownership of the
land being subdivided, you could consider it.
13
36
Chair Gooding -Ray asked if there is any reason it would not be considered after the application
had been submitted.
Craig Benedict answered if someone could sell his/her conservation rights for "X" dollars and
then wanted to have that included as open space in the subdivision. Each subdivision has to live
on its own. If it is separated out prior to the subdivision, then it probably will not be counted
towards an open space requirement during-the subdivision process.
Chair Gooding -Ray stated that the statement could read "prior to or during the application"
Renee Price expressed concern about the statement on page 075, Section C.5 "permanently
restricted from further subdivision".
Craig Benedict replied that part of the development approval for a subdivision would be a set of
conditions, one of which is that open spaces. that are noted in the subdivision shall remain open.
This is written by the people in power at this time. If is ever to be undone, it can be.
Barry Katz asked if the "permanent" could be undone by a change in ordinance or an application.
Craig Benedict said it would be very complicated to undo what has been done. You would need
100% signoff from everyone. There would have to be a subdivision change.
Chair Gooding -Ray asked if the word "man- made" defined in regulation, could be "human-
made"? Craig Benedict said it would be researched.
Renee Price expressed concern about the language on page 076, "and shall be beneficial to stated
open space goals ".
Craig Benedict answered that was added to add general criteria. We are looking at the word
"beneficial to stated open space goals" or should it say, "shall be supportive of stated open space
goals. We will look at the wording.
Renee Price noted that on certain words like "overly fragmented" we leave it up to interpretation.
Craufurd Goodwin asked who would be responsible for the "Pedestrian Way Access ".
Craig Benedict explained that would be explained in the open space plan for the subdivision. It
may be a relatively unmaintained path or no path.
Renee Price asked would you go back to the language on page 076 that "the maintenance costs
goes to the Homeowners Association."
Craig Benedict agreed. How the open space program functions within the development will be
something this Board will make recommendation on. There will be individuals to monitor this
program when the developer hands this over to the Homeowners Association.
14
37
Jay Bryan noted that on page 076, he would like to add view sheds to the category to be an
exception. Also, does anyone have a problem with the Pedestrian Nature Area being 50 foot? Is
that open space?
Craig Benedict responded that 50 foot is being used as access way between two lots to get to the
larger open space.
MOTION was made by Jay Bryan to approve this with the amendments that have been made.
and the language changes by Ted Triebel, Section C.5, i.e., the County has the right to reject,
dedication; human made in lieu of manmade; in Section F.1 change the word beneficial, add
view shed. Barry Katz seconded this motion.
VOTE: All ayes.
9. Hi Amend Subdivision Regulations Regarding Street Access for Major Subdivisions
Presenter: Karen Lincoln
PURPOSE: To make areoommemdation to flee BOCC regarding apropos.ed amendmentto the Orange
County Subdivr'sion Regulations, Section IV-B-3-b.
BACKGROUND: Staff, at the May 27, 2003, Quarterly Public Hearing, presented proposed
changes to the Orange County Subdivision Regulations to require that major subdivisions
access paved public roads. The proposed amendment was then referred to the Planning Board
for a recommendation to be returned to the Board of County Commissioners no sooner August
19, 2003.
Currently, subdivision regulations require that "All subdivisions shall have at least one street
which intersects with or joins a public, municipal street, or a public, State maintained street."
Not all State maintained roads are currently paved.
A major consideration in reviewing subdivision proposals is land suitability. The road
providing access for the subdivision should be considered.as part of the suitability of a parcel
for subdivision since moderate to large developments can have a significant impact on the
public transportation infrastructure. Orange County Subdivision Regulations (Appendix A)
require paved public roads in subdivisions having more than 12 lots. To ensure a safe and
coordinated street system, the road providing access to the paved subdivision road should be at .
least comparable to the same standard of construction as the subdivision roads. A public road
that provides access to a major subdivision (six or more lots) should conform to current State
standards for public roads, which includes being paved.
FINANCIAL IMPACT: There is no immediate financial impact associated with this item.
RE COMMENDATION(S): Planning Staff recommends APPROVAL of the proposed
" Amendment.
Bold Text = Proposed Language
Str-ik Existing Language Deleted
15
02AN(�f COUNTY
ZONING ORDINANCE
prepared by the
ORANGE COUNTY PLANNING DEPARTMENT
ADOPTED BY THE BOARD OF COMMISSIONERS
SEPTEMBER 2, 1981
AMENDED:
NOVEMBER 2, 1981
JANUARY 3, 1989
OCTOBER 5, 1994
NOVEMBER 23, 1981
MAY 16, 1989
NOVEMBER 1, 1994
JANUARY 19, 1982
AUGUST 1, 1989
JANUARY 17, 1995
JULY 6, 1982
OCTOBER 2, 1989
AUGUST 3, 1995
OCTOBER 4, 1982
OCTOBER 17, 1989
OCTOBER 2, 1995.
FEBRUARY 7, 1983
NOVEMBER 6; 1989
APRIL 1, 1996
JULY 5, 1983
NOVEMBER 21, 1989
JUNE 3, 1996
JANUARY 3, 1984
JANUARY 8, 1990
JULY 1, 1996
APRIL 7, 1984
FEBRUARY 5, 1990
SEPTEMBER 3, 1996
JUNE 4, 1984
APRIL 2, 1990
OCTOBER 1, 1996
JULY 2, 1984 `
MAY 15, 1990
DECEMBER 17, 1996
OCTOBER 1, 1984
AUGUST 6, 1990
APRIL 1, 1997
NOVEMBER 20, 1984
AUGUST 21, 1990
MAY 21, 1997
FEBRUARY 19, 1985
SEPTEMBER 4, 1990
JUNE 2, 1997
APRIL 1, 1985
OCTOBER 1, 1990
AUGUST 4, 1997
JULY 1, 1985
FEBRUARY 19, 1991
OCTOBER 21, 1997
NOVEMBER 19, 1985
APRIL 1, 1991
JANUARY 20, 1998
JANUARY 6, 1986
JUNE 25, 1991 .
APRIL 21, 1998
MARCH 5, 1986
AUGUST 5, 1991
OCTOBER 13, 1999
MARCH 18, 1986
SEPTEMBER 3, 1991
OCTOBER 19, 1999
AUGUST 4, 1986
OCTOBER 7, 1991
MARCH 14, 2000
NOVEMBER 3, 1986
OCTOBER 22, 1991
SEPTEMBER 5, 2000
JANUARY 5,
JANUARY 6, 1992
AUGUST 21, 2001
_1987
MARCH 24, 1987
AUGUST 3, 1992
SEPTEMBER 18, 2001
JULY 7, 1987
AUGUSTA, 1993
NOVEMBER 19, 2001
OCTOBER 5, 1987
SEPTEMBER 7, 1993
DECEMBER 10, 2002
FEBRUARY 1, 1988
JANUARY 1, 1994
MAY 20, 2003
APRIL 4, 1988
JANUARY 4, 1994
JUNE 26, 2003
JULY 5, 1988
MARCH 1, 1994
SEPTEMBER 16, 2003
OCTOBER 3, 1988
APRIL 4, 1994
OCTOBER 18, 1988
AUGUST 8, 1994
DETAILED TABLE OF CONTENTS
ARTICLE
SECTION TITLE
I
GENERAL PROVISIONS
1.1
Long Title and Authority
1.2
Short Title
1.3
Intent
1.4
Applicability
1.5
Farm Exemption
1.6
Applications to be Processed Expeditiously
II
THE BOARD OF COUNTY COMMISSIONERS
AND ITS ADMINISTRATIVE MECHANISMS
2.1
The Board of County Commissioners
2.1.1
Board of County Commissioners Responsibilities
2.1.2
Procedure of Amendments to this Ordinance
2.1.3
Procedure on Application for Approval of Special Uses
2.1.4
Appeal of Board of County Commissioners Action
2.2
Planning Board
2.2.1
Intent
2.2.2
Establishment
2.2.3
Qualifications
2.2.4
Tenure
2.2.5
Reserved
2.2.6
Rules of Procedure
2.2.7
Meetings
2.2.8
Meeting Minutes
2.2.9
Annual Report
2.2.10
General Powers and Duties
2.2.11
Specific Powers and Duties
2.2.12
Comprehensive Plan, Intent
2.2.13
Comprehensive Plan Adoption
2.2.14
Amendment of Adopted Comprehensive Plan
2.2.14.1
Initiation of Amendments
2.2.14.2
Classification of Amendments
2.2.14.3
Consideration of Amendments
2.2.15
Planning Department to Act as Staff to Planning Board
2.3
Board of Adjustment
2.3.1
Board of Adjustment, Establishment of
2.3.2
Powers of Board
2.3.3
Board of Adjustment Administration
2.3.4
Quorum and Vote Required
2.3.5
Application of the Special Use Power
2.3.6
Application of the Variance Power
2.3.7
Application of Interpretation Power
2.3.8
Appeal Stays Further Proceedings
2.3.9
Exceptions to Stay of Action
2.3.10
Appeals of Board of Adjustment Actions
2.4
Planning Department
2.4.1
Duties and Responsibilities
2.4.2
Development Advisory Committee Established
2.4.2.1
Duties and Responsibilities
2.4.2.2
Development Advisory Committee Meetings
2.4.2.3
Reports
PAGE
1 -1
1 -1
1 -1
1 -1
1 -2
1 -2
1 -2
2 -1
2 -1
2 -1
2 -1
2 -1
2 -2
2 -2
2 -2
2 -2
2 -3
2 -3
2 -3
2 -3
2 -4
2 -4
2-4
2-4
2 -5
2 -6
2 -7
2 -8
2 -8
2 -8
2 -9
2 -9
2 -9
2 -9
2 -10
2 -10
2 -12
2 -12
2 -12
2 -13
2 -13
2 -14
2 -14
2 -14
2 -14
2 -15
2 -15
2 -16
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 -I (L -1) District
4 -8
4.2.22
Medium Industrial -11 (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
6.18.3
uses
Antennas not located on telecommunications towers
6 -25 -f
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
626.8
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
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
7 710
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
7.16
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
PD -1 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
7 -20
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
�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
8.6
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 -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 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 -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
8-20
8.8.1.8
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
114
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
Purpose
13.2
Conduct
13.3
Applicability
13.4
General Requirements and Standards
13.5
Submission and Implementation
XIV
SITE PLAN APPROVAL PROCEDURES
14.1
Intent
14.2
Application Requirements
14.2.1
Professional Design and Certification
14.2.2
Submittal Requirements
14.2.3
Specification for Plan Preparation
14.3
Site Plan Review
14.4
Appeal Procedures
14.5
Improvements
XV RESERVED
XVI RESERVED
XVII
RESERVED
XVIII
RESERVED
XIX
RESERVED
XX
AMENDMENTS
20.1
Statement of Intent
20.2
Amendment Initiation
20.3
Procedure for Submission and Consideration of Applications
for Amendment
20.3.1
Application Submitted to Zoning Officer
20.3.2
Contents of Application
20.3.3
Zoning Officer Prepares Analysis and Recommendation
20.3.4
Applications for Amendments -Joint Planning Area
20.4
Referral of Amendment Application to Planning Board
20.5
Board of County Commissioners and the Planning Board
Shall Hold A Public Hearing
20.6
Public Hearing and Notice Thereof
20.7
Action Subsequent to the Date of Public Hearing
20.8
Withdrawal of Application
20.9
Effect of Denial on Subsequent Petitions
20.10
Fees
20.11
Comprehensive Review of Chapter
XXI
ADMINISTRATION
21.1.
Establishment of Position of Zoning Officer
21.2
Duties of the Zoning Officer
21.3
Powers and Limitations of Zoning Officer
21.4
Zoning Compliance Permit Required
21.5
Certificates of Occupancy
13 -1
13 -1
13 -1
13 -1
13 -2
13 -5
14 -1
14 -1
14 -1
14 -1
14 -2
14 -3
14-4
14 -6
14 -6
20 -1
20 -1
20 -1
20 -1
20 -1
20 -1
20 -2
20 -2
20 -3
20.3
20 -3
20 -4
20-4
20 -5
20 -5
20 -5
21 -1
21 -1
21 -1
21 -1
21 -2
21 -2
21.6
Health Department Approval Prior to Issuance of
23.1
Certificate of Occupancy
21.7
Fees
21.8
Administrative Regulations
21.9
Reserved
21.10
Reserved
21.11
Reserved
21.12
Administration and Enforcement of Performance Standards
21.12.1
Intent Concerning Determinations Involved in Administration
23.2.3
and Enforcement of Performance Standards
21.12.2
Procedure where Zoning Officer can Make Determination
21.12.3
Procedure Where Zoning Officer Cannot Make Final Determination
XXII DEFINITIONS
XXIII
ENFORCEMENT
23.1
Purpose and Intent
23.1.1
Violations; Violators
23.1.2
Violation
23.1.3
Violators
23.1.4
Responsibility
23.2
Enforcement Procedures
23.2.1
Inspections and Investigations
23.2.2
Initial Notice of Violation
23.2.3
Final Notice of Violation; Correction Order
23.2.4
Appeal to Board of Adjustment
23.2.5
Failure to Comply with Notice or Board of Adjustment Decision
23.2.6
Extension of Time Limit to Correct Violation
23.2.7
Enforcement Action After Time Limit to Correct Violation
23.2.8
Emergency Enforcement Without Notice
23.3
Remedies; Penalties; Enforcement Action
23.3.1
General
23.4
Civil Penalty
23.4.1
General
23.4.2
Notice
23.4.3
Amount
23.4.4
Settlement of Claims
23.4.5' Continuing Violations
XXIV
LEGAL STATUS PROVISIONS AND EFFECTIVE DATE
24.1
Severability
24.2
Conflict with Other Laws
24.3
Repeal of Existing Zoning Regulations
24.4
Effective Date
21 -2
21 -3
21 -3
21 -3
21 -3
21 -3
21 -3
21 -3
21 -4
21-4
22 -1
23 -1
23 -1
23 -1
23 -1
23 -1
23 -2
23 -2
23 -2
23 -2
23 -2
23 -3
23 -3
23 -3
23 -4
23 -4
23 -4
23-4
23 -6
23 -6
23 -6
23 -6
23 -6
23 -7
24 -1
24 -1
24 -1
24 -1
24 -2
*8.8 Regulations Governing Individual Special Uses
*Amended
11/21/89
10/7/91
9/16/03 The regulations for each Class A and Class B Special Use are divided
generally into two sections: the first consists of additional and specific
components of the application beyond those necessary to comply with
Section 8.6, while the second consists of the specific standards which are
supplementary to the general standards in Section 8.2 and to the required
conditions in Subsection 8.4.7.
The following additional information is required for all Special Use
Applications:
a) For Class A Special Uses twenty -six (26) copies of the Site Plan, and
for Class B Special Uses ten (10) copies of the Site Plan, prepared by
a registered North Carolina land surveyor, landscape architect,
architect, or engineer, which shall contain the information listed in
Article 14.2.2. Where the application involves a Preliminary
Subdivision Plat, twenty -six (26) copies of the Plat prepared in
accordance with Section V of the Orange County Subdivision
Regulations shall be provided.
b) Elevations of all proposed structures to be used in the development.
c) For Class A Special Uses twenty -six (26) copies and for Class B
Special Uses ten (10) copies of the Environmental Assessment and/or
Environmental Impact Statement, if required by the Orange County
Environmental Impact Ordinance.
d) A fee, as set by the Orange County Board of Commissioners.
e) Method of disposal of trees, limbs, stumps and construction debris
associated with the permitted activity, which shall be by some method
other than open burning.
*8.8.1 Extraction of Earth Products (Class A Special Use)
*Amended
4/1/85
*8.8.1.1 Additional Information
*Amended
7/5/83
In addition to the information required by Subsection 8.2, the following shall
be submitted as part of the application.
a) Twenty -six copies of the site plan, prepared by a North Carolina
registered land surveyor or engineer, which shall contain the following:
1) Extent of area to be excavated or mined.
2) Aerial photograph of site and all areas,within 1,000 feet of the
perimeter of the property flown within two (2) months of the
application for a Special Use Permit.
8 -9
3) Existing topography at a contour interval of two (2) feet based
on mean sea level datum.
4) Land use, road system, natural features and topographical (10
foot contour intervals) details for the area within 1,000 feet of
the perimeter of the property.
5) Typical cross - sections showing extent of overburden, extent of
sand and gravel deposits, and water table.
6) Proposed handling and storage areas for overburden,
by- products and excavated materials.
7) Location and results of groundwater borings showing depth of
groundwater.
8) Any areas proposed for ponding.
9) Wind pattern details and on -site windbreaks.
10) Soils details and statement addressing agricultural productivity
and reclamation.
11) Traffic impact analysis addressing the capacity of the roads to
serve the site.
12) Access roads to the site, as well as on -site roads, with
indication of surface treatment to limit dust. Sight distances on
all roads used for access to the site.
13) Required setback areas, including screening /buffering existing
and /or proposed. If plant materials are to be installed, the
number, location, size and type of plants are to be identified.
b) An Operations Plan which shall include:
1) The date proposed to commence operations and their expected
duration.
2) Proposed hours and days of operations.
3) Estimated type and volume of extraction.
4) Description of method of operation, including the disposition of
topsoil, overburden and by- products.
5) Methods to control and respond to spillage of extracted
materials, overburden or by- products and vehicular mud on
off -site roads.
6) Description of equipment to be used in the extraction process
8 -9 -a
*ARTICLE 12. LANDSCAPING AND BUFFER REQUIREMENTS
*Amended
8/1/89
12.1 Intent
Landscaping and screening requirements are established to improve the
appearance of vehicular use areas and property abutting public rights -of -way; to
require screening between non - compatible land uses; to protect, preserve and
promote the visual appeal, character and value of the surrounding neighborhood
and properties; and to promote the public health, safety and welfare through the
reduction of noise pollution, air pollution, visual pollution, air temperature
extremes, soil erosion,- and glare from vehicle headlights and exterior lighting
fixtures.
The intent of this ordinance shall be achieved through the preservation of
existing vegetation and the addition of plantings where necessary to meet the
minimum requirements set forth in this Article. Existing vegetation may be used
to meet the requirements of this Section, provided, however, use of such
vegetation will be determined by site inspection by Planning and Inspections
Department personnel.
12.2 General Requirements
Excluding single- family detached dwellings and duplexes, no new site
development, building, structure or vehicular use area shall hereafter be
erected, constructed or used unless minimum landscaping and screening is
provided as required by the provisions of this Article.
No building, structure, or vehicular use area shall be expanded unless the
minimum landscaping required by this Article is provided for the property to the
extent of its alteration or expansion.
12.2.1 Protection of Existing Vegetation
On any land for which application for site plan approval has been made after the
effective date of this ordinance, no person, firm or corporation shall remove or
cause to be removed any trees or other vegetation except in accordance with
approved plans.
12.2.2 Designation of Tree Protection Areas .
Existing trees, regardless of size., shall not be cut or otherwise damaged or
destroyed within a primary tree protection area, and existing trees having a
diameter of one (1) foot -or greater, as measured four and one -half (4.5) feet
above ground level, shall not be cut, damaged or destroyed within a secondary
tree protection area as defined as follows:
12 -1
(a) Primary Tree Protection Area. That portion of a lot which is to be used for
required recreation /open space area; front, side and rear yard setback
areas: and Land Use Buffers as required by this Ordinance. If no side
and /or rear setbacks are required, the Primary Tree Protection Area shall
be ten (10) feet in width.
(b) Secondary Tree Protection Area. Any portion of a lot not included within the
Primary Tree Protection Area.
12.2.3 Exceptions
Upon site plan approval trees may be removed only from designated vehicular
surface areas and utility and /or storm water drainage easements.
In cases where retention of existing trees would create unusual hardship or
development problems in building sites, recreation /open space, setback and /or
buffer areas, the Planning Director shall determine when such hardships exist
and may designate areas that may be exempt from tree protection and may
approve replacement of trees removed from such areas. The Planning Director
may approve the planting of new trees if one or more of the following exists:
(a) Necessity to remove trees in order to survey existing and /or proposed
property lines and easements;
(b) Necessity to remove diseased trees or trees weakened by age, storm, fire,
or other injury;
(c) Necessity to remove trees in order to construct proposed improvements, as
a result of the need for access of construction equipment around proposed
buildings, the need for construction access to the lot, and the need to alter
the existing grade of the site or to install utilities and /or drainage structures;
and
(d) Necessity to observe good forestry practices, i.e., the number of healthy
trees that a given parcel of land will support.
All applicable exceptions to tree protection must be listed on the required
landscape plan.
12.2.4 Protective Measures
During construction activities, adequate protective measures shall be provided
to minimize damage to existing trees and other vegetation. Protective devices
such as a wooden or rope fence with strips of surveyor's flagging attached shall
be installed prior to any grading, construction traffic or activity taking place near
trees to be retained. Such protective devices shall effectively protect the roots,
trunks, and tops of trees to be retained and shall be maintained until all work has
been completed.
12 -1 -a
Construction traffic, storage of vehicles and materials, and grading shall not
take place within the drip line of trees to be retained. Construction access to a
site should occur where an existing or proposed entrance /exit is located. A
stabilized open area should be designated for storage of materials (including
stockpiling of soil and gravel) and for parking construction vehicles and
equipment. Except for sidewalks and curb and gutter, no paving with concrete,
asphalt or other impervious material within the drip line of trees to be retained
shall be allowed.
Where grading within a tree drip line cannot be avoided, the following measures
shall be used to maintain the life of the trees affected by grading:
(a) Limit cut and fill to one -fourth (1/4) to one -half (1/2) of the area within the
drip line of the tree;
(b) Avoid cut and fill around the entire circumference of the trunk of the tree;
(c) Root prune a tree several months prior to any cuts within the drip line;
(d) Prune tree limbs in an amount which reflects the area of the roots to be
severed, but in no case allow pruning to exceed thirty percent (30 %) of the
tree crown. Fertilize and water the undisturbed root area of the tree;
(e) Where grading has left roots exposed, cut roots clean; and
(f) Avoid filling within the drip line of a tree without some mechanism being
installed such as a tree well or perforated pipe to allow water and air to
reach the roots.
12.3 Plan Review and Approval
Amended
10/2/95
9/16/03
Whenever any property is affected by these landscape and buffer requirements,
the property owner or developer shall submit a plan for review and approval by
the Zoning Officer. The Zoning Officer shall follow the requirements of this
Article in approving or disapproving any plan required herein.
The contents of the plan shall include the following:
a. The dimensions and acreage of each lot or plot or portion thereof to be
built upon or otherwise used;
b. The layout of the entire project, its relationship to surrounding properties,
including the proposed uses of all buildings, utilities, overhead and
underground where known, storm drainage and refuse storage facilities;
C. The location and dimensions of present and proposed streets and
highways, the layout of all off- street parking and loading areas, including
the location of entry and exit points, the internal vehicular circulation
pattern and the location and dimension of required parking and loading
spaces;
12 -2
d. Natural features such as streams, water bodies, rock outcroppings, etc.;
e. The location, name and size of all existing plant materials to be retained;
f. Proposed plantings to meet Ordinance requirements labeled according to
species (common name), spacing, and size;
g. The location of walls, berms, fences and railings and an indication of their
height and construction materials; and
h. Title; north; scale; names of owner, developer, and person responsible for
plan preparation; and the date that the plan was drawn or subsequently
revised.
i. Methods of disposal of trees, limbs, stumps and construction debris
associated with the permitted activity, which shall be by some method
other than open burning.
No building permit shall be issued until the required landscaping plan has been
submitted and approved. No certificate of occupancy shall be issued until the
landscaping is completed as certified by an on -site inspection by the Zoning
Officer, unless a performance bond, letter of credit, or escrow agreement as a
guarantee of improvements has been posted.
Before a building permit can be issued the landscape plan approval shall contain
as a condition a prohibition of the open burning of trees, limbs, stumps and
construction debris associated with the permitted activity.
The financial guarantee shall be accompanied by an estimate of the cost to
purchase and install the required landscaping. The cost estimate must be
prepared by a nursery operator, landscape contractor, landscape architect, or
other individual qualified to calculate the cost to complete the required
improvements based on the approved landscape plan, who has no direct or
indirect ownership interest in the project for which landscaping is required. The
amount of the bond, letter of credit, or escrow agreement shall be 110 percent
of the estimate.
Where site plan approval by the Board of County Commissioners or Board of
Adjustment is required, neither a building permit nor a certificate of occupancy
shall be issued until such approval has been granted. In the event that there
are conflicting requirements within this Article, the more restrictive shall apply. If
any of the requirements contained in this Article are applicable to a Special Use
(See Section 12.13), the requirements must be included in the site plan as
required in Section 8.8.a. or on an attached Landscape Plan.
12.4 Landscaping Standards
Where construction is proposed either on unforested land or trees have been
approved for removal under one or more of the exceptions listed in 12.2.3, new
trees shall be planted in accordance with the provisions of this Section.
12 -3
12.4.1 Required Landscaping
(a) Along Street Frontage
(1) As a requirement of site plan approval, the applicant shall plant
trees along the frontage of the lot(s) to be developed. In calculating
the number of trees required per lot frontage, tree types have been
assigned a value in linear feet based on the average mature canopy
spread. The values are forty (40) feet for large trees and twenty -five
(25) feet for small trees. Each lot must have one (1) large tree per
street frontage (value of 40 feet). The number of trees to be planted
on the remaining frontage (total frontage less value for one large
tree) is determined by dividing the remaining frontage by the
value(s) assigned to tree types selected for planting by the
developer.
For example, where a Land Use Buffer is not required, the number
of trees required on a lot having a frontage of 130 feet would be
calculated as follows:
TOTAL LOT FRONTAGE 130 feet
LESS: VALUE OF REQUIRED LARGE TREE 40 feet
EQUALS: REMAINING LOT FRONTAGE 90 feet
OPTION #1: ALL SMALL TREES
90 feet divided by 25 feet (value for small tree) = 3.6 or 4 trees.
Total # of required trees = 4 small trees
+ 1 large tree
OPTION #2: ALL LARGE TREES
90 feet divided by 40 feet (value for large tree) = 2.3 or 2 trees.
Total # of required trees = 3 large trees
OPTION #3: COMBINATION /LARGE & SMALL TREES
90 feet -40 feet (1 Ig. tree) = 50 feet
50 feet divided by 25 feet 2 small trees
Total # of required trees = 2 large trees
2 small trees
(2) Upon installation, trees shall be spaced at least fifteen (15) feet
apart, but preferably no greater than the spread of the canopy
normally achieved by the tree species upon maturity.
(3) Street trees shall be planted within the required front yard setback.
Selection and location of trees shall consider existing and future site
conditions including, but not limited to, overhead and /or
underground utility lines, vehicular access drives, the location and
extent of existing vegetation, and soil suitability. Selection of tree
types shall be made from the list of acceptable plant materials
provided in Tables 12.1, 12.2, & 12.3. Other suitable alternates may
be used if approved by the Planning and Inspections Department.
12 -3 -a
(b) Lot Perimeter
(1) Where a Land Use Buffer is not required, a landscape area ten (10)
feet in width exclusive of drainage and /or utility easements shall be
provided along the interior of side and rear lot lines of each lot being
developed. If the existing trees are not sufficient, the applicant shall
provide a minimum of one (1) tree per one thousand (1000) square
feet of land contained within the 10 foot landscape area.
(2) Trees to be planted within recreation and open space areas, and
side and rear yard landscape areas shall be installed to reflect the
natural growth patterns of materials selected. Tree species shall be
spaced in a manner which permits full spread of the canopy upon
maturity and shall be selected from the list of acceptable plant
materials in Tables 12.1, 12.2, and 12.3. Other suitable alternates
may be used if approved by the Planning and Inspections
Department.
(3) When buffers, as required by Article 12.6, or approved utility and
drainage easements overlap or cross the ten foot landscape areas
or recreation and open space areas, those overlap areas shall be
exempted from computing the number of required trees to be
installed in the side and rear landscape areas.
(c) Where parking /vehicular surface, outdoor storage, or an undesirable view
is adjacent to the road right -of -way and side and rear lot lines, to screen
undesirable views, additional plantings shall be required for screening.
(1) A landscape area at least ten (10) feet in width exclusive of drainage
and /or utility easements shall be provided between the
parking /vehicular surface or outdoor storage and the right -of -way lot
line except where permitted driveway openings are to be provided.
(2) In addition to the trees required by Article 12.4.1 a and 12.4.1 b, a
hedge or other durable landscape material (fence or berm) of at
least three (3) feet in height shall be installed to provide a
continuous opaque landscape barrier for the purpose of reducing
glare and. visual distractions to passing motorists and to adjacent
properties.
(3) To screen outdoor storage areas or undesirable views, a six foot
hedge may be required. A fence, wall, or earth- berm may be used in
combination with plantings to achieve screening.
(4) The provisions of this subsection shall not be applicable in the
following situations.
(a) Where any off - street parking, loading or other vehicular use
area will be entirely screened visually, from any point of view,
by an intervening building or structure from abutting property
or when differences in topographic elevation eliminate visual
impact to adjacent roads or properties.
12-4
(b) Where planting and /or fencing is required for screening
between certain non - compatible land uses.
12.4.2 Interior Coverage Requirements
Not less than five (5) percent of the interior of any parking, loading or other
vehicular use area shall be landscaped. The location of such landscaping is at
the option of the owner or developer, provided, however, no more than ten (10)
parking spaces shall be permitted in a continuous row without being interrupted
by a landscaped median strip or island and be it further provided that every
fourth row of parking shall be separated by a median strip for landscaping and
pedestrian purposes of not less than eight (8) feet in width. Such median strips
shall be planted with at least one (1) tree per median strip except that one (1)
tree for every sixty (60) feet or fraction thereof shall be planted in median strips
that exceed sixty (60) feet.
Planting required by Sections 12.4.1 and 12.6 shall not be considered as part of
the interior landscaping requirement.
12.4.3 Additional Requirements
a. Plantings as required by this ordinance shall not be located in drainage,
access or utility easements, under overhead power lines or in sight
triangles as described in Article 9.2a.
b. All developments shall provide secure, safe, and sanitary facilities for the
storage and pickup of refuse. Such facilities shall be convenient to
collection and shall be appropriate to the type and size of the development
being served. All dumpsters /refuse storage facilities shall be screened by
a solid wall, fence, tight evergreen hedge, or a
combination of the above. Such screening shall be of sufficient height and
design to effectively screen the facility from the view
of adjacent properties and roads.
C. Fences, walls, and earth berms may be used in combination with trees
and shrubs to fulfill required landscaping; provided, however, that these
manmade features are designed and located in such a way that will not
conflict with other site features and functions and will be in harmony with
the surrounding landscape.
d. All portions of the landscaping area not planted with shrubs and trees or
covered by wall or other barrier shall be planted in grass and /or ground
cover, or covered by a natural mulch of a minimum depth of three (3)
inches.
12-4 -a
12.5 Land Use Buffer Requirements
Land Use Buffers shall be required to separate a proposed land use from
adjacent major streets and different land uses or zoning designations in order to
protect, preserve and promote the visual appeal, character and value of the
proposed land use and /or surrounding property; to provide for the separation of
spaces, creating a sense of privacy; to promote the public health, safety and
welfare by minimizing potential nuisances such as the transmission of noise,
odor, dust, litter, glare of lights, and other unpleasant visual distractions.
Except as otherwise specifically provided in this Ordinance, the type of Land
Use Buffer required between a proposed development and adjacent streets,
land uses or zoning designations shall be specified in Articles 12.6 and 12.7 of
this Ordinance.
The table in Section 12.6.2 in conjunction with the explanations in Section
12.6.1 concerning the types of buffers establish levels of screening that satisfy
the intent of this Article. This table is intended to show the minimum level of
screening acceptable. However, owners and developers may substitute equal
or better materials for review and approval.
12.5.1 Location and Utilization of Land Use Buffers
Required Land Use Buffers shall be located along the interior or street lot lines
nearest the adjacent streets, land uses and /or zoning designations. Buffers
shall not be located on any portion of an existing or proposed street
right -of -way, drainage or utility easement.
No building or structure of any type shall be erected, constructed or installed in
a required Land Use Buffer.
12.5.2 Designation of Land Use Buffers
A required Land Use Buffer shall be designated site plan and shall have the
following restriction lettered on the face of the site plan:.
"Land Use Buffer: The use and maintenance of this buffer and the building
of structures thereon is restricted pursuant to Article 12.5 of the Orange
County Zoning Ordinance."
In addition, the Land Use Buffer shall be labeled according to type and
dimension.
12.6 Standards For Required Land Use Buffers
The types of Land Use Buffers described in the following table are to be used as
the basis for the Schedule of Required Land Use Buffers set forth in Article
12.6.2.
12-4 -b
An opaque screen is intended to obstruct visual contact between uses and to
create a strong impression of spatial separation. A semi - opaque screen is
intended to partially block visual contact between uses while maintaining a
sense of spatial separation.
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 the existing vegetation does not provide a sufficient buffer,, additional planting
shall be required.
Compliance of planted vegetative buffers will be judged on the basis of the
average height and density of foliage of the subject species upon maturity.
Compliance of existing vegetative buffers will be judged on the basis of field
observation. Upon maturity, the semi - opaque or portion of the intermittent
visual obstructions should not contain any completely unobstructed openings
more than ten (10) feet in width.
Suggested planting patterns to achieve the buffer standards are provided in the
Appendix. New plant materials installed to satisfy the buffer requirements of
Article 12.6.1 shall be installed and maintained in accordance with the
provisions of Article 12.9.
12 -5
12.6.1 Standards for Required Buffers
12 -5 -a
Required
Buffer
Buffer
Type
Width
Buffer Description
A buffer composed of deciduous and /or evergreen
vegetation, forming semi - opaque intermittent visual
Type A
30 feet
obstructions from the ground to a height of at least thirty
30 feet.
A buffer composed of deciduous and /or evergreen
vegetation that is opaque from the ground to a height of at
Type B
30 feet
least five (5) feet, with semi - opaque intermittent visual
obstructions from the opaque portion to a height to at least
thirty 30 feet.
A buffer composed of 50 -75% evergreen vegetation
Type C
40 feet
distributed so as to create a semi - opaque screen to a height
of at least thirty (30) feet.
Type D
50 feet
Same as Type C.
A buffer composed of predominantly (at least 75 %)
Type E
75 feet
evergreen vegetation that is opaque to a height of at least
thirty (30) feet.
Type F
100 feet
Same as Type E.
12 -5 -a
ARTICLE XIV. SITE PLAN APPROVAL PROCEDURES
Amended
11/21/89
14.1 INTENT
Amended
4/2/90 To establish a set of standards for site plan applications.
APPLICABILITY
As required by Article 21.4 of this Ordinance, a zoning compliance permit
must be issued before any new site development, building, structure, or
vehicular use area may be erected, constructed or used. Site plan approval
is required for a zoning compliance permit with the following exceptions:
a. single- family detached dwellings and duplexes, and accessory
structures to those residential uses; provided, however, when such
uses are located in the University Lake Watershed (ULW) District, site
plan approval shall be required.
b. temporary uses which do not exceed thirty (30) days in duration; and
C. interior renovation or repair of an existing structure, provided the use
of the lot and /or structure has not changed.
14.2 APPLICATION REQUIREMENTS
14.2.1 PROFESSIONAL DESIGN AND CERTIFICATION
Amended
8/5/91
4/2/90
11/19/01 Each site plan shall be prepared by a registered engineer, landscape
architect, architect, or land surveyor; however, in some cases, professional
design and certification of the plan may not be required. These exceptions
include, but are not limited to the following:
a. Proposed additions to existing permitted non- residential structures
where the use of the structure and lot has not changed and the floor
area is not increased more than twenty -five percent (25 %); and
b. Accessory structures to existing permitted non - residential structures
where vehicular use area is not extended and changes to existing
grade are not more than one (1.0) foot in elevation.
14 -1
C. Single- family detached dwellings and duplexes, and accessory
structures to such uses when located in the University Lake
Watershed (ULW) District.
d. Large day care homes, as defined in Article 22, Definitions.
e. Rural Guest Establishments with three (3) guestrooms or less - Bed &
Breakfasts.
14.2.2 SUBMITTAL REQUIREMENTS
Amended
914/90
9/16/03 The applicant shall submit to the Planning and Inspections Department:
a. Three (3) copies of the site plan prepared according to Article 14.2.1
and 14.2.3 (additional copies may be required depending on the
nature and location of the proposed development);
b. The site plan application form;
C. A copy of the Orange County tax map with the subject property
identified; and
d. Legal documentation establishing entities responsible for control over
common areas and facilities to be approved by the County Attorney.
e. Three (3) copies of the Environmental Assessment and /or
Environmental Impact Statement, if required by the Orange County
Environmental Impact Ordinance.
f. Method of disposal of trees, limbs, stumps and construction debris
associated with the permitted activity, which shall be by some method
other than open burning.
Other items which should be submitted simultaneously, but are not required
as part of the site plan application are:
a. Erosion control and grading plans as necessary to be approved by the
Erosion Control Supervisor for a grading permit, and
b. Building construction plans to be approved by the Code Enforcement
Supervisor prior to issuance of a building permit.
14 -2
14.2.3 SPECIFICATIONS FOR PLAN PREPARATION
Amended
4/2/90
12/10/02
9/16/03
Each site plan shall be drawn at a scale adequate to show required detail and
shall contain the following information. The Planning Staff will determine
which items are applicable for sufficiency.
a. The boundary of the lot(s) to be developed labeled with bearings and
distances;
b. The name, address, and phone number of the applicant and the
property owner;
C. Name of project, vicinity map, north arrow, scale, tax map reference
number, date of plan preparation, and subsequent revision dates;
d. Zoning of the property to be developed and all adjacent zoning and
existing adjacent land uses;
e. Adjacent right -of -way widths with road names and numbers;
f. Total gross land area of the parcel, maximum and proposed floor area,
minimum and proposed open space, and minimum and proposed
pedestrian/ landscape area (Refer to Article 5.1.2 of the Zoning
Ordinance);
g. Maximum and proposed impervious surface and required stream
buffers in PW -11, WQCA, and ULW districts (see Articles 6.23, 6.24,
and 6.25, respectively).
h. Estimated traffic generated by the proposed development in trips per
day (if it exceeds 800 trips per day, submit a traffic impact study in
accordance with Article 13).
i. Front, side, and rear building setbacks as required by Articles 5 and 6
of the Zoning Ordinance;
j. Location of all proposed buildings and structures labeled according to
floor area, building height and function, and proposed finished floor
elevation;
k. Vehicular use areas including existing and proposed streets and
access drives, off street parking and loading to comply with Article 10
of the Zoning Ordinance, and entry/exit points of adjacent parcels;
14 -3
Overhead and underground utilities with accompanying easements
and storm drainage facilities /easements; (including septic tanks and
wastewater disposal fields, wells, fire hydrants, irrigation, and security
lights.)
M. Solid waste disposal facilities;
n. All free - standing and wall- mounted signs in accordance with Article 9
of the Zoning Ordinance.
o. A landscape plan demonstrating compliance with Article 12.3 of the
Zoning Ordinance.
P. Existing contour lines (dashed) and proposed contours (solid) at 5 -foot
intervals with 10 -foot contours bold. Where site conditions warrant,
2 -foot contours may be required;
q. Retaining walls, tree wells, or rip rap as part of the grading plan;
Streams, ponds, drainage ditches, swamps, floodway and floodplain
boundaries; and
S. Phase lines and numbers if the development is to be phased.
t. The names of all property owners adjacent to, and across the street
from, the proposed project shall be shown on the site plan.
U. Methods of disposal of trees, limbs, stumps and construction debris
associated with the permitted activity, which shall be by some method
other than open burning.
Additional information may be required based on the site location and the
type of development proposed.
14.3 SITE PLAN REVIEW
Amended
9/4/90
14.3.1
Amended
9/16/03 Upon submission, the Planning and Inspections Department will review the
site plan application for completeness in form and content according to article
14.2. If an application is incomplete, it will be returned to the applicant within
five (5) working days. When a complete application has been accepted, the
plan, or set of plans, will be distributed to applicable agencies or other
departments for review and comment. At the same time, the Planning Staff
will review the plan(s) based on, but not limited to, the following general
criteria:
a. Compliance with all applicable County ordinances;
b. Extent and intensity of impacts to the surrounding area;
14 -4
C. Respect for existing site conditions, including slope, vegetation,
drainage patterns, etc.;
d. Efficient use of the land to minimize disturbance and grading and to
conserve energy;
e. Safe and efficient vehicular and pedestrian circulation; and
f. Logical placement of structures and other site functions.
g. No open burning of trees, limbs, stumps and construction debris
associated with the permitted activity.
14.3.2
Amended
10/7/91
8/4/93 Where an application is found to be inconsistent with the above criteria, Staff
may recommend changes to the site plan.
Following review of the site plan, except as provided by Article 14.3.3 of this
Ordinance, the Planning and Inspections Department will take final action on
the application within 21 days of acceptance. Such action will be one of the
following:
a. Approval,
b. Approval subject to conditions, or
C. Denial
Failure to meet the criteria for site plan approval listed in Article 14.3, and /or
to address agency comments solicited during plan review, will result in denial
of the application.
If a plan is approved subject to conditions, no zoning permit or subsequent
building permit shall be issued until all conditions of approval have been met
to the satisfaction of Orange County.
Site plan approval and the issuance of a zoning compliance permit does not
establish a vested right to develop the property should zoning regulations
change subsequent to plan approval.
At the option of the Applicant, a Site Plan may be vested for a period of not
less than two (2) nor more than five (5) years. To become vested, a Site Plan
must be approved by the Board of County Commissioners as a Special Use
Permit, pursuant to Article 8 of this Ordinance. An approved Site Specific
Development Plan shall contain the following statement: Approval of this
plan establishes a zoning vested right under G.S. 153A- 344.1. Unless
terminated at an earlier date, the zoning right shall be valid until
14.3.3 The Site plan for a project which requires the preparation of an Environmental
Impact Statement (EIS) pursuant to the Orange County Environmental Impact
Ordinance may not be approved by the Planning Department until the EIS
has been made available for public review, and has been presented to the
Orange County Board of Commissioners in accordance with Section 3.2 of
the Environmental Impact Ordinance.
14 -5
14.4 APPEAL PROCEDURES
Any decision of the Planning and Inspections Department regarding a site
plan application may be appealed to the Board of Adjustment according to the
provisions set forth in Article 2.3.7 of this Ordinance.
14.5 IMPROVEMENTS
As a guarantee of improvements required as a condition of site plan approval,
the developer shall provide Orange County with a security bond, escrow
agreement, or irrevocable letter of credit by an approved institution. The
guarantee shall be effective for twelve (12) months and shall include the cost
of the improvements plus ten percent (10 %). It shall also be approved by the
County Attorney. If a guarantee is not submitted, the developer must install
all required improvements to the satisfaction of the County prior to issuance
of the zoning compliance and building permits
14 -6
ARTICLE 21. ADMINISTRATION
21.1 Establishment of Position of Zoning Officer
The provisions of this ordinance shall be administered by the Zoning Officer,
who shall be appointed by the County Manager.
21.2 Duties of the Zoning Officer
The Zoning Officer shall have the power to grant Zoning Compliance Permits,
to make inspections of buildings or premises, and revoke permits and any
other procedures necessary to carry out the enforcement of.this ordinance. In
connection with the enforcement of this ordinance, the Zoning Officer shall
make all necessary determinations and interpretations as required by this
ordinance. Persons aggrieved by a decision or a determination made by the
Zoning Officer may appeal that action to the Board of Adjustment. (See
Article 2. Subsection 2.3.7):
*21.3 Powers and Limitations of Zoning Officer
*Amended
10 -17 -89 If the proposed excavation, .construction, moving, alteration or use of land as
set forth in the application are in conformity with the provisions of this
ordinance, the Zoning Officer shall issue a Zoning Compliance Permit;
however,
a) Issuance of a Zoning Compliance Permit shall in no case be construed
as waiving any provision of this ordinance.
b) Under no circumstances is the Zoning Officer permitted to grant
exceptions to the actual meaning of any clause, standard, or
regulation contained in this ordinance to any person making
application to excavate, construct, move, alter, or use either building,
structures or land.
C) Under no circumstances is the Zoning Officer permitted to make
changes to this ordinance or to vary the terms of this ordinance in
carrying out assigned duties.
d) The Zoning Officer shall issue a permit when the imposed conditions
of this ordinance are complied with by the applicant regardless of
whether the use of the permit would violate contractual or other
arrangements (including, but not by way of limitation, restrictive
covenants) among private parties.
e) The Zoning Officer shall revoke a zoning compliance permit if it is
found to be issued in violation of any of the provisions of this
ordinance, or if the conditions as stated on the permit are not carried
out:
1%A A
f) If an application for such permit is disapproved, the Zoning Officer
shall state in writing the cause for such disapproval.
g) The Zoning Officer shall issue a Stop Work Order pursuant to Article
23.2d if it is determined that irreparable injury will occur if the alleged
violation is not terminated immediately.
*21.4 Z_ oning Compliance Permit Required
*Amended
8/4/93
9/16/03 It shall be unlawful to begin the excavation for the construction, the moving,
alteration, or repair, except ordinary repairs, of any building or other structure,
including an accessory structure costing more than $100 or exceeding one
hundred square feet in area, until the Zoning Officer has issued for such work
a Zoning Compliance Permit which includes a determination that plans,
specifications and the intended use of such structure does in all respects,
conform to the provisions of this ordinance.
Also, it shall be unlawful to change the type of use or type of occupancy of
any building, or to extend any use of any lot on which there is a
non - conforming use, until the Zoning Officer has issued for such intended use
a Zoning Compliance Permit, including a determination that the proposed use
does, in all respects, conform to the provisions of this ordinance. Issuance of
a Zoning Compliance Permit does not establish a vested right to begin and
complete construction or change the use /occupancy of a lot or building should
zoning regulations change subsequent to issuance of said permit.
Application for Zoning Compliance Permit shall specify the method of
disposal of trees, limbs, stumps and construction debris associated with the
permitted activity; which shall be by some method other than open burning.
The Zoning Compliance Permit shall expressly prohibit open burning of trees,
limbs, stumps and construction debris associated with the permitted activity.
21.5 Certificates of Occupancy
No building, structure, or zoning lot for which a Zoning Compliance Permit
has been issued shall be used or occupied until the Building Inspector has,
after final inspection, issued a Certificate of Occupancy indicating compliance
has been made with all the provisions of this ordinance. However, the
issuance of a Certificate of Occupancy shall in no case be construed as
waiving any provision of this ordinance.
21.6 Health Department. Approval Prior to Issuance of Certificate of
Occupancy
The Building Inspector shall not issue a Certificate of Occupancy for any use
of a structure or land served by wells for potable water and ground absorption
sewage disposal systems until the Orange County Health Department has
approved the water supply and sewage disposal systems serving that use.
91 -9
21.7 Fees
Before any Zoning Compliance Permit shall be issued covering building or
other operations regulated by this ordinance, a fee in an amount fixed by the
Board of Commissioners shall be paid.
21.8 Administrative Regulations
The County Manager is authorized and directed to propose and promulgate
administrative regulations, including but not limited to the type and amount of
data required for a completed application, in order to implement the
provisions of this ordinance.
21.9 RESERVED
21.10 RESERVED
21.11 RESERVED
21.12 Administration and Enforcement of Performance Standards
21.12.1 Intent Concerninq Determinations Involved in Administration and
Enforcement of Performance Standards
Determinations necessary for administration and enforcement of performance
standards set forth herein range from those which can be made with
satisfactory accuracy by a reasonable person using normal senses and no
sophisticated equipment to those requiring great technical competence and
complete equipment for precise measurement. It is the intent of this
ordinance that:
a) Where determinations can be made by the Zoning Officer, using
equipment normally available or obtainable without extraordinary
expense. Such determinations shall be so made before notice of
violation is issued.
b) Where technical complexity or _extraordinary expense makes it
unreasonable for the County to maintain the personnel. or equipment
necessary for making difficult or unusual determinations, procedures
shall be available for causing corrections of apparent violations of
performance standards, for protecting individuals from arbitrary,
capricious, and unreasonable administration and enforcement of
performance standard regulations, and for protecting the general
public from unnecessary costs for administration and enforcement.
,%A n
21.12.2 Procedure Where Zoning Officer Can Make Determination
Where the Zoning Officer determines that there is a violation of performance
standards relating to emission of smoke, odor and explosive hazards
influence, they shall take or cause to be taken lawful action to cause
correction to within the limits set by such performance standards. Failure to
obey lawful orders concerning such correction shall be punishable as
provided in Article 23.
21.12.3 Procedure Where Zoning Officer Cannot Make Final Determination
If, in the considered judgment of the Zoning Officer, there is probably a
violation of the performance standards as set forth in this ordinance, the
following procedures shall be followed:
a) The Zoning Officer shall give written notice, by certified mail, to the
person or persons responsible for the alleged violation. The notice
shall describe the particulars of the alleged violation and the reasons
why the Zoning Officer believes there is a violation in fact, and shall
require an answer or correction of the alleged violation to the
satisfaction of the Zoning Officer within a time limit set by the Zoning
Officer. The notice shall state, and it is hereby declared, that failure to
reply or to correct the alleged violation to the satisfaction of the Zoning
Officer within the time limit set constitutes admission of violation of the
terms of this ordinance.
The notice shall further state that upon request of those to whom it is
directed, technical determinations as described in this ordinance will
be made, and that if violations as alleged are found, costs of such
determinations shall be charged against those responsible for the
violation, in addition to such other penalties as.may be appropriate, but
that if it is determined that no violations exists, the cost of the
determination will be paid by the County.
b) If there is no reply within the time limit set, but the alleged violation is
corrected to the satisfaction of the Zoning Officer, it shall be noted,
"violation corrected" on the copy of the notice, and shall be retained
among their official records, taking such other action as may be
warranted.
C) If there is no reply within the time limit set (thus establishing admission
of violation as provided in (a) and the alleged violation is not corrected
to the satisfaction of the Zoning Officer, within the time limit set, action
shall be taken as is warranted by continuation of a violation after notice
to cease.
d) If a reply is received within the time limit set indicating that the alleged
violation will be corrected to the satisfaction of the Zoning Officer, but
requesting additional time, the Zoning Officer may grant an extension,
if it is deemed warranted in the circumstances of the case and if the
extension will not, cause imminent peril to life, health or property.
14 -A
e) If reply is received within the time limit set requesting technical
determinations, as provided in this ordinance, and if the alleged
violations continue, the Zoning Officer may call in properly qualified
experts to make the determinations. If expert findings indicate
violations of the performance standards, the costs of the
determinations shall be assessed against the properties or persons
responsible for the violation, in addition to such other penalties as may
be appropriate under the terms of Article 23.
If no violation is found, the costs of the determinations shall be paid by
the County, without assessment against the properties or persons
involved.
134_9
91 _A
Amended
3/18/86 Massage - The manipulation of body muscle or tissue by rubbing, stroking,
kneading, or tapping, applied by hand, arm, foot or mechanical device.
Amended
3/18186 Massage Business - Any establishment or business wherein massage is practiced,
including establishments commonly known as health clubs, physical culture studios,
massage studios and massage parlors.
Amended
3/18/86 Massage, Business Of - The massage or treatment of any person for a fee or in
expectation of a gratuity from the person massaged.
Amended
3/18186 Massage, Profession Of - See "massage, business of".
Amended
3/18/86 Massage Practitioner - Any person engaged in the business or profession of
massage.
Amended
3/18/86 Mobile Home - A dwelling unit that (i) is not constructed in accordance with the
standards of the North Carolina Uniform Residential Building for One- and Two - Family
Dwellings; (ii) is composed of one or more components, each of which is substantially
assembled in a manufacturing plant and designed to be transported to the home site
on its own chassis for placement on a temporary or semi - permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air conditioning
and electrical systems contained therein; and (iii) exceeds eight (8) body feet in width
and thirty two (32) body feet in length. Mobile home shall also mean a double -wide
mobile home.
Amended
3/18/86
5/16/89 Mobile Home Park - A parcel of land under single ownership which has been planned
and improved in compliance with Article 7.20 (Planned Development - Mobile Home
Park District) for the placement of mobile homes for non - transient (placement for the
duration of the lease) use, consisting of at least ten (10) mobile home spaces, and not
less than ten (10) acres nor more than fifty (50) acres in size.
Amended
3/18/86 Mobile Home Space /Lot - A parcel of land occupied or intended to be occupied by
one and only one. mobile home and for the exclusive use of the occupants of said
mobile home. Mobile Home Space shall also mean a parcel of land in a mobile home
park, provided with the necessary utility connections, patio, and other appurtenances
necessary for the erection thereon of only one (1) mobile home, and for the exclusive
use of the occupants of said. mobile home.
Amended
3/18/86 Mobile Home Stand /Pad - That portion of the mobile home space which has been
reserved and prepared for the placement of the mobile home.
22 -19
Amended
3/18/86 Modular Home - A dwelling unit constructed in accordance with the construction
standards of North Carolina Uniform Residential Building Code for One- and
Two - Family Dwellings and composed of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly and
placement on a permanent foundation. Without limiting the generality of the
foregoing, a modular home may consist of two or more sections transported to the site
on each's own chassis or steel frame, or a series of panels or room sections
transported to the site on a truck and erected, assembled, or joined there.
Amended
3/18/86 Mobile Home, Accessory - A subordinate structure, the use of which is customarily
incidental to the permitted use of the principal buildings. Accessory uses include, but
are not limited to: 1) storage unit, 2) office, and 3) classroom facility. The mobile
home, as an accessory structure, must not create non - conforming yards or setbacks.
The installation of a mobile home, as an accessory structure, is exempt from the
requirements set forth in Subsections 6.21.2d) and e). Skirting is required, and the
mobile home must be connected to the required utilities, which include the plumbing,
heating, air conditioning and electrical systems contained therein, provided the unit is
not installed for the purpose of storage. The Orange County Health Department shall
determine what type of sewage disposal system is appropriate. If the unit is installed
for the purpose of storage, only underskirting is required, connection to the required
utilities (listed above) is optional.
Motor Vehicle Maintenance and Repair - An establishment where the following
services are available:
(a) body work,
(b) straightening of body parts,
(c) painting,
(d) welding,
(e) storage of motor vehicles not in operating condition.
Motor Vehicle Repair Garage - An establishment where the following services are
available: major mechanical repairs, including engine overhaul, and transmission
work. Repair garages can also offer services similar to service stations.
Motor Vehicle Service Station- An establishment where gasoline, diesel oil and /or
other fuel for internal combustion engines is supplied and dispersed at retail and
where, in addition, the following services may be rendered and sales made and no
other:
Sale and servicing of spark plugs, batteries and /or distributors and ignition systems
parts; sale, servicing and repair of tires, but not recapping or regrooving; replacement
of mufflers, tail pipes, water hoses, fan belts, brake fluid, light bulbs, windshield wipers
and blades, grease retainers, wheel bearings and the like; radiator cleaning, flushing
and fluid replacement; washing and polishing supplies; greasing and lubrication;
provision and repair of fuel pumps, oil pumps and lines; minor adjustment and repair
of carburetors; adjustment and repair of brakes; emergency repair of wiring; minor
motor adjustments not involving removal of the head or crankcase; sales of
beverages, packaged foods, tobacco products and similar convenience goods for
customers, as accessory and incidental to the principal operations; provision of road
maps and other travel information to customers; provision of restroom facilities; and
state motor vehicle inspections.
22 -20
A service station is not a repair garage nor a body shop. Uses permissible at a
service station do not include major mechanical and body work, straightening of body
parts, painting, welding, storage of automobiles or trucks not in operating condition or
other operations involving noise, glare, smoke, fumes or other characteristics to an
extent greater than normally found in service stations.
Amended
10/2/89 Multiple Use - The combination on one lot of two or more principal uses, excluding
outdoor advertising signs. (Under some circumstances, a second use may be
regarded as accessory to the first, and thus a multiple use is not established.)
Amended
5/15/90 Net Assets - The equity value of real property such as land, buildings, Certificates of
Deposit, Checking and Savings accounts, money market accounts, stocks, bonds,
cash, IRA of KEOUGH accounts, gold or precious metals, and business equipment.
Family or personal assets such as furniture, automobiles, wheelchairs or other special
equipment, household goods, boats and recreational vehicles are not included.
Night Club, Bar, or Pub - An establishment that allows food, alcoholic drink and /or
entertainment:
Non - Conformance - Non - conformities are: a) Lots: (See Section 11.7), b) Uses of
land without structures or with minor structures only; (See Section 11.8) c) Uses of
major structures and premises; (See Section 11.9), d) Characteristics of Use (See
Section 11.12), e) Structures; and (See Section 11.10), which were lawful but would
be prohibited, regulated or restricted by the enactment of this ordinance or a
subsequent amendment thereto. Non- conformity may also be created by lawful
public taking or actions pursuant to a court order and have the same effect as
violations of this ordinance, if undertaken privately.
Amended
114194 Non -Point Source Pollution - Pollution.which enters waters mainly as a result of
precipitation and subsequent run -off from lands which have been disturbed by man's
activities and includes all sources of water pollution which are not required to have a
state or local or state permit for discharge into a stream.
Amended
711/85 Non- Profit Educational Cooperative - An organization operated on a non - profit
basis whose purpose is to acquire, produce and distribute instructional materials for
the benefit of its member institutions. Membership is comprised primarily of fully
accredited schools of health, education, social, legal, environmental and /or
engineering sciences in institutions of higher learning (universities, colleges and
technical institutes). On -site faculty development workshops and fellowship training
programs may also be provided as part of the organization's purpose.
Amended
1/4/94 Non- Residential Development - Development of any land use which is not
residential in nature, including uses (such as churches) which are allowed in
residential zoning districts.
22 -21
Non - Residential Floor Area - a) Defined, Inclusions and Exclusions. Non - residential
floor area shall be construed as the sum of areas for non - residential use on all floors
of the building measured from the outside faces of the exterior walls, including halls,
lobbies, arcades, stairways, elevator shafts, enclosed porches and balconies, and
below -grade floor areas used for non - residential access and storages. Not countable
as floor area are: 1. Open terraces, .patios, atriums, or balconies. 2. Any residential
space.
Non - Residential Land Area - Non- residential land area shall be construed as all land
for non- residential development and related uses, including open space, within the
district in the case of locations which are controlled by these regulations.
Non - residential land area shall not be construed to include lands not beneficial to non-
residential use due to location or character, or areas used predominantly for
residential purposes.
Nursing Home - A facility, licensed by the appropriate state agency for the care of
aged or infirmed individuals, that meet the requirements set forth in this ordinance.
Amended
9116/03 Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated
With The Permitted Activity -- shall be defined to be the disposal of limbs, stumps
and construction debris associated with the permitted activity by means of outdoor
fires.
Amended
10/13/99 Open Space - (flexible development) "Primary Conservation Areas" and "Secondary
Conservation Areas ", as defined in Section IV -B -10, C.2 of the Orange County
Subdivision Regulations, which are preserved through conservation easements or
other restrictions in a flexible development subdivision..
Amended
10/13/99 Open Space - (land use intensity) 1) Open space is the total horizontal area of
uncovered open space plus half the total horizontal area of covered open space
subject to limitations set forth below. 2) Uncovered open space is total gross
residential land area not covered by buildings, plus open exterior balconies and roof
areas improved as recreation space. 3) Covered open space is usable open space
closed to the sky, but having two clear unobstructed open or partially open sides.
Partially open sides is to be construed as fifty percent or more. Examples of covered
space are covered balconies, covered portions of improved roof areas, or space under
buildings supported on columns or posts or cantilevered. The square footage
countable as covered open space shall not exceed the square footage of the open
space sides.
Open Space Measurement - (See Lot Line, Lot Line Front, Lot Line Rear, Lot Line
Side, Open Side, Open Space Front, Open Space Rear.)
Open Space Ratio - The minimum square footage of open space required for each
square foot of floor area. This area includes parking and vehicular access areas and
it can also include balconies, and roofs improved for recreation.
Outdoor Advertising Industry - The organizations that provide outdoor displays or
display space on a lease or rental basis.
22 -22
Package Treatment Plant - Privately owned and operated sewage treatment facility.
These plants are prefabricated by the manufacturer and delivered as completed units
to the clients.
Parking Deck - A special structure of two or more levels designed to be used for the
temporary storage of motor vehicles.
Amended
3/18/86 Pedestrian /Landscape Ratio - This is the minimum square footage of pedestrian
access and landscaped areas in a non - residential development for each square foot
of gross land area
Pedestrian /Landscaped Space - Pedestrian /landscaped space is part of total open
space appropriately improved and located as outdoor space for pedestrian use and for
aesthetic appeal. Such space includes lawns and other landscaped areas, walkways,
paved terraces and sitting areas. Such space shall not be used for vehicles except for
incidental service, maintenance or emergency actions.
Amended
3/18186 Personal Services An establishment engaged in providing services generally
involving the care of the person (e.g. hairdresser, tailor).
Portable Building - A building not intended for residential use consisting of one or
more modules constructed off the ultimate site of use and transported to that site.
Amended
10/2/89 Principal Structure - Any building or other structure occupied or used for the purpose
of conducting the principal use of the property.
Amended
1012/89 Principal Use - A use which falls under one of the categories listed in the Table of
Permitted Uses, which is the primary and chief purpose for which a lot is used.
Public Interest Area - Land which contains public or quasi - public uses such as state
parks, research forests or known archaeological or historical sites.
Public Vehicular Areas Street in a platted subdivision which are open for vehicular
traffic and have been offered for dedication to the public and where the offer for
dedication has not been accepted.
Recreation Use, Non - Profit - An indoor or outdoor recreation use owned by a not-
for-profit corporation, according to the laws of North Carolina.
Recreation Use, Profit - An indoor or outdoor recreation use owned by an entity other
than a not - for - profit corporation.
Recreation Space Ratio - Recreation space ratio is the minimum square footage of
open space in residential areas, suitable by location, size, shape, access and
improvements, required for each square foot of floor area. This area is a public or
private exterior area improved for recreation of all residents, having a least dimension
of fifty feet, and average dimension of one hundred feet and a minimum area of ten
thousand square feet.
22 -23
Recreation Vehicle - A self - propelled or towed vehicle, qualified to be licensed by the
appropriate State Agency, designed to provide short term recreational living
accommodations. These vehicles are distinguished from mobile homes, dwelling units
and temporary buildings.
Rehabilitative Care Facility - A facility licensed by the appropriate state agency, as a
group care facility for individuals who are handicapped, aged, disabled, youthful
offenders, addicted to alcohol or drugs, requiring professional health care, adult
supervision, or rehabilitation.
Residential Floor Area Residential floor area shall be construed as the sum of
areas for residential use on all floors of the building measured from the outside faces
of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed
porches and balconies, and below -grade floor areas used for habitation and
residential access.
Not countable as floor area are:
1) Open terraces, patios, atriums, or balconies
2) Carports, garages, breezeways, toolsheds
3) Special- purpose areas for common use of occupants, such as recreation
rooms of social halls
4) Staff space for therapy or examination in care housing
5) Basement space not used for living accommodations
6) Any commercial or other non - residential space.
Residential Land Area - Residential land area shall be construed as all land for
residential development and related uses, including open space, within the district in
the case of PD -H zoning, or on the lot or tract where residential uses in other locations
are controlled by these regulations. Such lands shall be construed to include streets
entirely within residential portions of the development, common open space, and
lands accepted for dedication for public purposes. Residential land area shall be
included in residential land area (as for example, in the case of a multi - family building
with ten percent of its floor area in accessory commercial and service uses).
Restaurant - An establishment whose principal business is the sale of food and
beverages to the customer in a ready -to- consume state, and whose design or
principal method of operation includes one or both of the following:
a) Customers, normally provided with an individual menu, are served their foods
and /or beverages by a restaurant employee at the same table or counter at
which said items are consumed.
b) A cafeteria style setting is provided where food, and /or beverages are
consumed within the restaurant structure.
22 -24
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
3 -14 -00
11 -23 -81
8 -6 -90
9 -5 -00
1 -19 -82
8 -21 -90
8 -21 -01
7 -6 -82
9-4 -90
9 -18 -01
10 -4 -82
10 -1 -90
11 -19 -01
2 -7 -83
2 -19 -91
12 -10 -02
7 -5 -83
4 -1 -91
5 -20 -03
1 -3 -84
6 -25 -91
6 -26 -03
4 -7 -84
8 -5 -91
9 -16 -03
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
Commissioner Gordon asked the staff to mark the amended areas on the abstract. 9 c
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
approve the Notice of Public Hearing for October 15, 2003.
VOTE: UNANIMOUS
9. ITEMS FOR DECISION -- REGULAR AGENDA
a. Employee Health Insurance Renewal for 2004
The Board was to consider renewal of employee health insurance plans through the
North Carolina Association of County Commissioners (NCACC) Health Insurance Trust
and CIGNA effective January 1, 2004 including continuing the dependent subsidy at 52
percent.
DEFERRED
b. Amendment to the Subdivision Regulations Regarding Street Access for Maior
Subdivisions
The Board was to consider a proposed amendment to the Orange County Subdivision
Regulations, Section IV- 13-3 -b.
DEFERRED
c. Amendments to Open Space Standards for Flexible Development Subdivisions
The Board was to consider closing the public hearing and consider proposed
amendments to the Open Space Standards in subdivisions following the Flexible
Development option as proposed by Administration, Planning Board, and Planning Staff.
DEFERRED
d. Mill Creek 11 Subdivision (Section Two) — Preliminary Plan
The Board was to consider the Preliminary Plan for Mill Creek 11 Subdivision (Section
Two) in accordance with the Resolution of Approval for Administration, Planning Board,
and Planning Staff.
DEFERRED
A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs
to adjourn the September 16, 2003 meeting until 1:00 p.m. on September 17, 2003 at the
Government Services Center in order to have a conference call on whether or not to postpone
the Public Hearing on the HSUS Animal Shelter Study (scheduled for September 18, 2003) to a
later date due to the possibility of inclement weather due to Hurricane Isabel.
VOTE: UNANIMOUS
CONFERENCE CALL MEETING
SEPTEMBER 17, 2003
1:00 P.M.
COMMISSIONERS PRESENT: Stephen Halkiotis