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HomeMy WebLinkAboutORD-2003-141 Growth Management System - Amendments to Zoning and Subdivision OrdinancesOrdinance as Approved by BOCC iris 0684- ';�ao5 --) /) Bold = Proposed Language &Kkethmugh =Deleted Language An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Subdivision Regulations and the Orange County Zoning Ordinance are hereby amended as follows: Section 1. SUBDIVISION REGULATIONS. Amend Definitions Section 11 to create new definitions as follows: Resources Management Plan - A document and map, submitted as a part of a Major Subdivision, Class A Special Use Permit application or a Major Subdivision, Planned Development Atlas Amendment with SUP application, that sets forth, in detail, the location of and the proposed methods for: 1) protection of natural resources (i.e. habitat maintenance, existing vegetation, and mitigation of environmentally sensitive areas), 2) ownership and maintenance of open spaces (common open space, proposed conservation easements, and landscape buffers) 3) provision of services (solid waste management to include recycling, storm water management (temporary and permanent), irrigation systems to include the source of water, 4) the handling of land clearing debris. Major Subdivision 1) Major Subdivision, Standard — All subdivisions not classified as either Minor Subdivision or Major Subdivision, Class A Special Use or Major Subdivision, Planned Development. 2) Major Subdivision, Class A Special Use, Rural Designated (21 -40 Lots) --A tract of land in a Rural Designated area that is proposed for a subdivision of 21 -40 lots. 3) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) - -A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 4) Major Subdivision, Planned Development, Rural Designated (41+ Lets) -- A tract of land in a Rural Designated area that is proposed for a subdivision of 41 or more lots. Ordinance as Approved by BOCC 5) Major Subdivision, Planned Development, Urban Designated (80+ Lots) -- A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. For the purpose of determining whether a subdivision is a Major Subdivision, Class A Special Use (Rural Designated or Urban Designated), or a Major Subdivision, Planned Development, (Rural Designated or Urban Designated) the number of lots created shall be determined by counting the cumulative number of lots created, through subdivisions, on a tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land Records of Orange County as of [the effective date of these Amendments] Rural Designated — For property that is not located in Urban Designated areas as defined in these definitions. Urban Designated — For property that is located within a Transition Area as identified in the Land Use Element of the Comprehensive Plan and also within a Primary Service Area as defined by the Water and Sewer Management Planning and the Boundary Agreement and Map adopted December 3, 2001 and as either may be amended from time to time. Wetlands - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Definition taken from EPA regulations at 40 CFR Section 230.3(t) and COE Regulations at 33 CFR Section 328.3(b), as of July 2 °d, 2002) Section 2. SUBDIVISION REGULATIONS. Amend Section III -D -3 to read as follows: Preliminary Plat Approval Application and approval procedures specified in this Section maybe apply to all Preliminary Plats: except and to the extent that applicable Orange County Zoning Ordinance application and approval procedures pertain. The applicant of a major subdivision not otherwise classified as a Major Subdivision, Class A Special Use (Rural Designated or Urban Designated) or a Major Subdivision, Planned Development (Rural Designated or Urban Designated) may In areas where zeBing has been applied, the appheant mW, however, choose to vest the Preliminary Plat for a longer time period than is otherwise provided by this Section. If he /she wishes to exercise this option, the application approval procedures required for Class A Special Uses shall apply as specified in Article 8 of the Orange County Zoning Ordinance for a Site Specific Development Plan Special Use. Ordinance as Approved by BOCC Those subdivisions of land, which are a Class A Special Use under this Ordinance and under the Orange County Zoning Ordinance, shall comply with the requirements of the Orange County - Subdivision Regulations and the Orange County Zoning Ordinance. Section 3. ZONING ORDINANCE. Amend Table of Contents as follows: Amend Article 6.29 to add 6.29.4 Additional Requirement for Certain Subdivisions. Amend Article VIII to add a new Special Use for rural designated and urban designated subdivisions, with the same criteria, entitled " Major Subdivision Class A Special Use (Rural Designated or Urban Designated) ", and to identify it as Section 8.8.29 with corresponding subheadings and nomenclature as specified in Articles 4, 6, 7 and 8 of this `Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County'. Section 4. ZONING ORDINANCE Amend Definitions Article 22 to create new definitions as follows: Resources Management Plan - A document and map, submitted as a part of a Major Subdivision, Class A Special Use Permit application or a Major Subdivision, Planned Development Atlas Amendment with SUP application, that sets forth, in detail, the location of and the proposed methods for: 1) protection of natural resources (i.e. habitat maintenance, existing vegetation, and mitigation of environmentally sensitive areas), 2) ownership and maintenance of open spaces (common open space, proposed conservation easements, and landscape buffers) 3) provision of services (solid waste management to include recycling, storm water management (temporary and permanent), irrigation systems to include the source of water, 4) the handling of land clearing debris. Major Subdivision 1) Major Subdivision, Standard – All subdivisions not classified as either Minor Subdivision or Major Subdivision, Class A Special Use or Major Subdivision, Planned Development. 2) Major Subdivision, Class A Special Use, Rural Designated (21 -40 Lots )—A tract of land. in a Rural Designated area that is proposed for a subdivision of 21 -40 lots. Ordinance as Approved by BOCC 3) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) - -A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 4) Major Subdivision, Planned Development, Rural Designated (41+ Lots) -- A tract of land in a Rural Designated area that is proposed for a subdivision of 41 or more lots. 5) Major Subdivision, Planned Development, Urban Designated (80+ - Lots) -- A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. For the purpose of determining whether a subdivision is a Major Subdivision, Class A Special Use (Rural Designated or Urban Designated), or a Major Subdivision, Planned Development, (Rural Designated or Urban Designated) the number of lots created shall be determined by counting the cumulative number of lots created, through subdivisions, on a tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land Records of Orange County as of [the effective date of these Amendments] Rural Designated — For property that is not located in Urban Designated areas as defined in these definitions. Urban Designated — For property that is located within a Transition Area as identified in the Land Use Element of the Comprehensive Plan and also within a Primary Service Area as defined by the Water and Sewer Management Planning and the Boundary Agreement and Map adopted December 3, 2001 and as either may be amended from time to time. Wetlands - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Definition taken from EPA regulations at 40 CFR Section 230.3(t) and COE Regulations at 33 CFR Section 328.3(b), as of July 2 "d, 2002) Section 5. ZONING ORDINANCE. Amend Article 4.1 by inserting the following after the last paragraph of Article 4.1: ** Within all districts certain subdivisions of land must meet additional requirements and be approved either as a Class A Special Use or as a Planned Development Special Use as follows: Ordinance as Approved by BOCC 1) Major Subdivision, Class A Special Use, Rural Designated (21 -40 Lots) —A tract of land in a Rural Designated area that is proposed for a subdivision of 2140 lots. 2) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) --A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 3) Major Subdivision, Planned Development, Rural Designated (41+ Lots) -- A tract of land in a Rural Designated area that is proposed for a subdivision of 41 or more lots. 4) Major Subdivision, Planned Development, Urban Designated (80+ Lots) -- A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. Section 6: ZONING ORDINANCE Amend Article 4.3 Permitted Use Table, by inserting the following notes on each page of the permitted use table: Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major Subdivision of 21 -40 Lots, Class A Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22. Section 7. ZONING ORDINANCE. Amend Article 6.29 Development Standards for the Economic Development (ED) Districts to add Section 6.29.4 as follows: 6.29.4 Additional Requirement for Certain Subdivisions -- Within all ED Districts certain subdivisions of land must meet additional requirements and be approved either as a Class A Special Use or as a Planned Development Special Use as follows: 1) Major Subdivision, Class A Special Use, Rural Designated (21 -40 Lots )—A tract of land in a Rural Designated area that is proposed for a subdivision of 21 -40 lots. Ordinance as Approved by BOCC 2) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) - -A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 3) Major Subdivision, Planned Development, Rural Designated (41+ Lots) -- A tract of land in a Rural Designated area that is proposed for a subdivision of 41 or more lots. 4) Major Subdivision, Planned Development, Urban Designated (80+ Lots) -- A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. Section 8. ZONING ORDINANCE. Amend Article 7.2 Planned Development Defined to add Section 7.2e) as follows: e) A Major Subdivision, Planned Development as described in Article 4.1. Section 9. ZONING ORDINANCE. Amend Article 8 to add a new Special Use to read as follows: 8.8.29 Maior Subdivision Class A Special Use (Rural Designated or Urban Designated) 8.8.29.1A Additional Information (To be submitted for all applications) In addition to a Preliminary Plan prepared in accordance with the Orange County Subdivision Regulation and the information required in Subsections 8.2 and 8.8, the following shall be submitted as part of the application: a) NOTIFICATION Stamped envelopes addressed to each owner of property within 500 feet of the property proposed for subdivision. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records system. b) DEVELOPMENT SCHEDULE A statement, from the applicant, indicating the anticipated development schedule for the build out of the project. cl) WATER/SEWER COMMITTMENT If the proposed lots are to be served by a public water system, proof of water supply and service availability in Ordinance as Approved by BOCC the form of a certified copy of a resolution to that effect enacted by the governing body of the water system providing the water to serve the lots in the subdivision. If the proposed lots are to be served by a public sewer system proof of public sewer service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the sewer system providing the sewer service to the lots in the subdivision. If the proposed lots are to be served by a community water and/or sewer system, proof that the system(s) will be operated either directly by or through contract with the water and/or sewer provider whose service area or interest area it is, as defined in the Water and Sewer Management Planning and Boundary Agreement and Map adopted December 3, 2001, and as may be amended from time to time. c2) WATER RESOURCE REPORT (For Private Wells) If the proposed lots are to be served by individual wells or community wells, a professionally prepared groundwater yield analysis relating the proposed wells to the U.S. Geolozical Survey Water Resources Investizations Report 00 -4286 and any later USGS Water Resource Investigation Report data available. c3) SEWAGE DISPOSAL REPORT If the proposed lots are to be served by individual septic systems the Environmental Health Division shall submit a report indicating approval for each building lot and for the open space if a homeowners' association amenity is proposed to be constructed within the open space. d) OPEN SPACE CONNECTIVITY A map that demonstrates that the open space composition, accessibility, shape and size requirements as set forth in Section IV -11-10 of the Subdivision Regulations are to be met. e) NATURAL & HUMAN -MADE RESOURCES A written and graphic site analysis illustrating soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, Infrastructure and other constructed features, historic and archaeological sites, and visual analysis of views into and from the site. s- Ordinance as Approved by BOCC f) PEDESTRIAN/BICYCLE PLAN If the subdivision is located in a Transition Area designated as such on the Land Use Element of the Comprehensive Plan, a plan for sidewalks or pedestrian/bike lanes as part of the public roads using, where appropriate, alternative North Carolina Department of Transportation design guidelines that include pedestrian/bike lanes as part of the public road system. For proposals not located in a transition area an off -road, pedestrian plan shall be submitted. g) LANDSCAPE PLAN DETAILS A landscape plan that shows: 1) the proposed locations, and types of, plantings, 2) the existing natural landscape with existing topography, 3) the width of roadside and perimeter buffers to be left undisturbed, 4) the open space (proposed undisturbed and proposed improved) as well as type of ownership shall be submitted with the application. 8.8.29.113 Additional Information (For all applications of over 40 lots) a) SOLID WASTE The location within the subdivision of a solid waste convenience center(s) intended to serve the subdivision and, where appropriate, the area in which the subdivision is located. b) BIOLOGICAL INVENTORY A biological inventory which identifies habitat diversity, species diversity, species of special concern such as those designated as threatened or endangered, last known sighting, candidate species likely to be present which may warrant protection, specimen trees outstanding in size and/or species, and the status and source of the information compiled in the inventory. The biological inventory shall be accompanied by an analysis describing habitat integrity, relationships between habitats and to ecological communities offsite, any existing threats to flora and fauna and potential for habitat enhancement. c) ENVIRONMENTAL MITIGATION A mitigation plan is required when any wetland or other environmentally sensitive area identified in the biological inventory will be altered as a result of Ordinance as Approved by BOCC development of the subdivision or construction of homes or other buildings and structures associated with the subdivision. The mitigation plan shall include the following: 1) An assessment of the ecological value of resources that will be lost and a statement of how that value will be replaced through mitigation; 2) A specific statement of the goals and objectives, i.e., exactly what steps will be taken to compensate for lost habitat, etc.; 3) Detailed descriptions in the form of grading plans, construction plans, and planting plans to illustrate how the objectives will be carried out; 4) A monitoring and maintenance plan to measure success of the mitigation based on stated objectives. Include a list of parties responsible for monitoring and maintenance, a schedule for each, and how results will be reported to the Planning and Inspections'Department; 5) A plan showing how the site will be protected from impacts by human and unwanted animal intrusion, alternate plant species and construction methods that could be used in the event adjustments or substitutions are needed until the mitigation area is established; and 6) A financial guarantee is required for the total cost of the mitigation project. Once the installation is complete, thirty percent (30 %) of the amount of the letter of credit or escrow will be held for twelve (12) months or until the site is established, whichever is greater. d) TRAFFIC STUDY A traffic impact study is required for all applications for subdivisions with more than 40 lots outside of transition areas, and 80 lots within transition areas. The study shall include an analysis�of the need for public road improvements, including pedestrian - oriented enhancements, for on -site and off -site improvements as said improvements relate to the level Ordinance as Approved by BOCC of service impacted by the development. The traffic impact study shall be prepared in accordance with the requirements of Article 13. 8.8.29.2 Standards of Evaluation The following specific standards shall be used in deciding on an application for this use: a) The project meets all applicable design standards and other requirements of the Zoning Ordinance and the Subdivision Regulations. b) The project meets all service provision criteria as set forth below: (1) Fire — identifies the primary and secondary responders and the source(s) of water. (2) Police — identifies the primary and secondary responders. (3) Rescue services — identifies the primary and secondary responders. (4) Water Supply — source and capacity of water supply. (5) Wastewater Treatment Methods — provider and capacity of wastewater treatment source. c) Habitats shall be identified and evaluated in the biological inventory required by 8.8.29.1B (a) and are subject to the following: (1) An undisturbed buffer is required around the boundary of habitats of rare, threatened, or endangered species as shown on the biological inventory. Buffer width shall be determined by site evaluation in consultation with the applicant's biologist and County staff; (2) Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction. Examples Ordinance as Approved by BOCC include preserving, planting, and maintaining a variety of native vegetation (also dead trees and snags); installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species; or creating wetlands; (3) Conservation easements or other acceptable means such as dedication to a public agency, or conservancy or a homeowner's association are required to protect wetlands and other habitats while insuring proper long -term maintenance; and (4) Provide barriers or fencing, and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access. Limited access may be allowed if proposed in a sensitive manner for environmental education purposes. d) Landscaping and Buffers 1) Protection of Existing Vegetation (a) Existing vegetation shall be preserved as indicated on the approved landscape plan in accordance with the provisions of Article 12.2 of the Zoning Ordinance; (b) Tree protection measures shall be installed and maintained between all areas of disturbance and trees to be retained as shown on the approved landscape plan. A detail of the tree protection barrier proposed shall be included as part of the landscape plan submitted with the application; (c) Corridors connecting habitats identified in the biological inventory shall be preserved along streams, buffers, or other wooded areas. If destroyed during construction, such connections shall be restored using appropriate plant materials; Ordinance as Approved by BOCC (d) Trees and stumps cleared for roads and building construction shall either be used for timber purposes or shredded for landscape mulch, composted, buried or otherwise disposed of BUT NOT BURNED. 2) Berms, fences and landscaping walls may be used with plant materials for screening, provided such features are designed and located in harmony with other site features and functions; 3) To minimize visual impact by blending architecture into the surrounding landscape, foundation plantings are required at all freestanding entrance signs; 4) Use of xeriscaping principles. e) Stormwater Management 1) No net increase in peak flow leaving the site from the predevelopment conditions for the 1 year, 24- hour storm; 2) The stormwater management system must respect existing drainage patterns. Runoff shall be directed away from erosion -prone slopes. 3) Energy dissipaters shall be used where runoff is concentrated and discharged, for example, at downspouts from rooftops and storm drains at parking areas. Runoff shall not be discharged directly into surface water, or other environmentally sensitive areas; 4) Concentrated stormwater, conveyed by ditches, channels, pipes, swales or other conveyance systems must be dispersed and diffuse flow reestablished prior to discharge into a stream buffer; 5) Nitrogen load contribution must be held to 3.6 lbs per acre per year. Ordinance as Approved by BOCC fJ Drainage 1) All drainage structures will be installed and maintained according to the approved Stormwater Management Plan. 2) Subdivisions that include retention/detention ponds shall comply with the requirements in Section 6.23.4, Operation and Maintenance of Structural Best Management Practices. g) Grading and Erosion Control 1) Plans for grading and erosion control comply with standards contained in the Orange County Erosion and Sediment Control Ordinance and Manual; 2) Construction is phased to the extent practical to minimize disturbance and sedimentation; 3) Sediment control measures will be properly installed to filter sediment from runoff during construction and maintained until grading is complete and a permanent vegetative cover has been established and all slopes stabilized; and 4) Permanent landscaping, groundcover, mulch, etc. will be installed as soon as practical after construction activities for each phase are completed. h) Solid Waste Management A solid waste management plan, submitted as part of the Resources Management Plan, shall include the method(s) of disposal and recycling of construction debris. i) Irrigation 1) Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; Ordinance as Approved by BOCC 2) The Resources Management Plan shall identify the source(s) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and 3) Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative. j) Habitat Maintenance 1) Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and /or a conservation easement agreement; and 2) Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic (non- native) plant species, and keeping drainage ways functioning properly. k) Crime Prevention through Environmental Design (Reserved) 1) Public Road Access Access to the subdivision and access to lots within the subdivision to existing public roads shall conform to and be in compliance with any public road access management plan adopted by Orange County. m) Maintenance of Improvements All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, open space, etc. will be maintained in function and appearance. Maintenance specifications, if any, for on -going site management (including provisions for handling of storm debris in open space areas) shall Ordinance as Approved by BOCC be submitted as part of the Resources Management Plan and incorporated into Homeowners' Association documents. Section 10. This ordinance is effective upon its adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County" be adopted. Upon motion of Commissioner , seconded by Commissioner v.4 the foregoing ordinance was adopted this the S day of [,�._. , 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, 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. e3 WITNESS my hand and the seal of said County, this alb day of V/; 2003. 1" 0aEfl� dAtu� - - Clerk to the Board of Commissioners ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director 0,,otp of Administration * °A 306F Revere Road (919) 245 -2575 if P O Box 8181 (919) 644 -3002 (FAX) ,�° Hillsborough, www.co.orange.nc.us °It# Cato "' North Carolina, 27278 MEMORANDUM TO: Donna Baker, Clerk to the BOCC FROM: Debra Graham, Administrative Assistant DATE: February 13, 2004 SUBJECT: Ordinance Amendments Enclosed are amendments to the Orange County Zoning Ordinance and Subdivision Regulations approved by the Board of County Commissioners on November 5, 2003. If you have questions, please contact me. Thanks. OIRAN(�E COUNrr 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, 1.984 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 1.9, 1991 OCTOBER 21, 1997 NOVEMBER 19, 1985 APRIL 1, 1991 JANUARY 20, 1998 JANUARY 6, 1986 JUNE 25, 1991 APRIL 21, 1998 MARCH 5, 1986 AUGUST 5, 1991 OCTOBER 13, 1999 MARCH 18, 1986 SEPTEMBER 3, 1991 OCTOBER 19, 1999 AUGUST 4, 1986 OCTOBER 7, 1991 MARCH 14, 2000 NOVEMBER 3, 1986 OCTOBER 22, 1991 SEPTEMBER 5, 2000 JANUARY 5, 1987 JANUARY 6, 1992 AUGUST 21, 2001 MARCH 24, 1987 AUGUST 3, 1992 SEPTEMBER 18, 2001 JULY 7, 1987 AUGUST 4, 1993 NOVEMBER 19, 2001 OCTOBER 5, 1 987 SEPTEMBER 7, 1993 DECEMBER 10, 2002 FEBRUARY 1, 1988 JANUARY 1, 1994 MAY 20, 2003 APRIL 4, 1988 JANUARY 4, 1994 JUNE 26, 2003 JULY 5, 1988 MARCH 1, 1994 SEPTEMBER 16, 2003 OCTOBER 3, 1988 APRIL 4, 1994 NOVEMBER 5; 2003 OCTOBER 18, 1988 AUGUST 8, 1994 TABLE OF CONTENTS ARTICLE TITLE PAGES 1 GENERAL PROVISIONS II BOARD OF COUNTY COMMISSIONERS & ITS ADMINISTRATIVE MECHANISMS 2 -1 - 2 -16 III ESTABLISHMENT OF ZONING DISTRICTS AND ATLAS 3-1-3-3 IV ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE 4-1-4-20 V ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS 5-1-5-3 VI APPLICATION OF DIMENSIONAL REQUIREMENTS 6-1-6-65 VII PLANNED DEVELOPMENT DISTRICTS 7-1-7-48 VIII SPECIAL USES B-1-8-42 IX SIGNS 9-1-9-8 X OFF- STREET PARKING AND LOADING 10-1-10-13 XI NON- CONFORMITIES XII LANDSCAPING AND BUFFER REQUIREMENTS 12-1-12-20 Xill TRAFFIC IMPACT STUDY 13-1-13-6 XIV SITE PLAN APPROVAL PROCEDURES 14-1-14-6 XV -XIX RESERVED XX AMENDMENTS 20-1-20-6 XXI ADMINISTRATION 21-1-21-5 XXII DEFINITIONS 22-1-22-34 XXill ENFORCEMENT 23 -1 -23-8 XXIV LEGAL STATUS PROVISIONS AND EFFECTIVE DATE 24-1-24-2 DETAILED TABLE OF CONTENTS ARTICLE SECTION TITLE PAGE I GENERAL PROVISIONS 1 -1 1.1 Long Title and Authority 1 -1 1.2 Short Title 1 -1 1.3 Intent 1 -1 1.4 Applicability 1 -2 1.5 Farm Exemption 1 -2 1.6 Applications to be Processed Expeditiously 1 -2 11 THE BOARD OF COUNTY COMMISSIONERS AND ITS ADMINISTRATIVE MECHANISMS 2 -1 2.1 The Board of County Commissioners 2 -1 2.1.1 Board of County Commissioners Responsibilities 2 -1 2.1.2 Procedure of Amendments to this Ordinance 2 -1 2.1.3 Procedure on Application for Approval of Special Uses 2 -1 2.1.4 Appeal of Board of County Commissioners Action 2 -2 2.2 Planning Board 2 -2 2.2.1 Intent 2 -2 2.2.2 Establishment 2 -2 2.2.3 Qualifications 2 -3 2.2.4 Tenure 2 -3 2.2.5 Reserved 2 -3 2.2.6 Rules of Procedure 2 -3 2.2.7 Meetings 2 -4 2.2.8 Meeting Minutes 2 -4 2.2.9 Annual Report 2 -4 2.2.10 General Powers and Duties 2-4 2.2.11 Specific Powers and Duties 2 -5 2.2.12 Comprehensive Plan, Intent 2 -6 2.2.13 Comprehensive Plan Adoption 2 -7 2.2.14 Amendment of Adopted Comprehensive Plan 2 -8 2.2.14.1 Initiation of Amendments 2 -8 2.2.14.2 Classification of Amendments 2 -8 2.2.14.3 Consideration of Amendments 2 -9 2.2.15 Planning Department to Act as Staff to Planning Board 2 -9 2.3 Board of Adjustment 2 -9 2.3.1 Board of Adjustment, Establishment of 2 -9 2.3.2 Powers of Board - 2 -10 2.3.3 Board of Adjustment Administration 2 -10 2.3.4 Quorum and Vote Required 2 -12 2.3.5 Application of the Special Use Power 2 -12 2.3.6 Application of the Variance Power 2 -12 2.3.7 Application of Interpretation Power 2 -13 2.3.8 Appeal Stays Further Proceedings 2 -13 2.3.9 Exceptions to Stay of Action 2 -14 2.3.10 Appeals of Board of Adjustment Actions 2 -14 2.4 Planning Department 2 -14 2.4:1 Duties and Responsibilities 2 -14 2.4.2 Development Advisory Committee Established 2 -15 2.4.2.1 Duties and Responsibilities 2 -15 2.4.2.2 Development Advisory Committee Meetings 2 -16 2.4.2.3 Reports 2 -16 III ESTABLISHMENT OF ZONING DISTRICTS AND ATLAS 3 -1 3.1 Division into Zoning Districts 3 -1 3.2 Zoning District Boundaries Shown on Official Zoning Atlas 3 -1 3.3 Official Zoning Atlas and Amendments - Authentication 3 -1 3.4 Copies of Zoning Atlas, Status 3 -1 3.5 Maintenance Responsibility 3 -1 3.6 Authentication: Record of Nature and Date of Amendments 3 -1 3.7 Unauthorized Changes Prohibited 3 -2 3.8 Effective Date of Amendments 3 -2 3.9 Official Zoning Atlas Replacement 3 -2 3.10 Interpretation of District Boundaries 3 -2 3.11 Required Conformance to District Regulations 3 -3 3.12 Prohibited Uses 3 -3 IV ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE 4 -1 4.1 Establishment of Use Regulations 4 -1 4.1.1 Town of Chapel Hill Land Development Standards 4 -1 -a 4.1.2 Town of Carrboro Land Development Standards 4 -2 4.2 District Statements of Intent and Application Criteria 4 -2 4.2.1 Rural Buffer (RB) District 4 -2 4.2.2 Agricultural Residential (AR) District 4 -2 4.2.3 Rural Residential (R -1) District 4 -2 -a 4.2.4 Low and Medium Intensity Residential (R -2, R -3, R -4) Districts 4 -2 -a 4.2.5 High Intensity Residential (R -5, R -8, R -13) Districts 4 -3 4.2.6 Reserved 4 -3 4.2.7 Reserved 4 -3 4.2.8 Local Commercial -1 (LC -1) District 4 -3 -a . 4.2.9 Neighborhood Commercial -II (NC -2) District 4 -3 -a 4.2.10 Community Commercial -III (CC -3) District 4 -5 -a 4.2.11 General Commercial -IV (GC -4) District 4 -6 4.2.12 Existing Commercial -V (EC -5) District 4 -6 4.2.13 Reserved 4 -6 -b 4.2.14 Reserved 4 -6 -b 4.2.15 Reserved 4 -6 -b 4.2.16 Office /institutional (0/1) District 4 -6 -b 4.2.17 Reserved 4 -6 -b 4.2.18 Reserved 4 -6 -b 4.2.19 Economic Development (ED) District 4 -7 4.2.20 Existing Industrial (EI) District 4 -7 4.2.21 Light Industrial -I (L -1) District 4 -8 4.2.22 Medium Industrial -II (1 -2) District 4 -8 4.2.23 Heavy Industrial -III (1 -3) District 4 -9 4.2.24 Agricultural Services (AS) District 4 -9 4.2.25 Public Interest (PID) District 4 -10 4.2.26 Reserved 4 -10 4.2.27 Watershed Protection Overlay Districts 4 -10 4.2.31 Major Transportation Corridor (MTC) District 4 -10 -d 4.3 Permitted Use Table 4 -11 V_ ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS 5 -1 5.1 Establishment of Dimensional Requirements 5 -1 5.1.1 Town of Chapel Hill Land Development Standards 5 -1 5.1.2 Town of Carrboro Land Development Standards 5 -1 5.1.1 Schedule for Residential Development: Single and Two Family, Multi - Family, Residential Hotels, Rooming Houses, Etc. 5 -2 5.1.2 Schedule for Non - Residential Development: Lot by Lot, Planned Development 5 -3 VI APPLICATION OF DIMENSIONAL REQUIREMENTS 6 -1 6.1 Regulations Encumbering Land Required to Satisfy Regulations 6 -1 6.2 Modification of Dimensional Requirements 6 -1 6.3 Regulation of Principal Uses and Structures 6 -1 6.4 Corner Lot Setback on the Side Street 6 -2 6.5 Additional Setbacks Required in Non - Residential Lots Abutting Residential Districts 6 -3 6.6 Permitted Projections into Required Open Space 6 -3 6.7 Accessory Structures in Residential Districts 6 -3 6.8 Visibility at Intersections 6 -3 6.9 Reserved 6-4 6.10 Reserved 6-4 6.11 Irregular Lots - Further Subdivision or Creation 6-4 6.12 Supplemental Regulations for Group Developments, PD Districts, and Other Developments Controlled by the Land Use Intensity System 6 -4 6.12.1 Adoption of Volume 2: Minimum Property Standards for Multi - Family Housing and Volume 4: Manual of Acceptable Practices, as Supplemental Guides 6-4 6.12.2 Definitions and Methods of Measurement Relating to Standard LUI Ratios; Requirements and Limitations 6 -5 6.12.2.1 Gross Land Area 6 -6 6.12.2.2 Residential Land Area 6 -7 6.12.2.3 Residential Floor Area 6-7 6:12.2.4 Open Space 6 -7 -a 6.12.2.5 Liveability Space 6 -7 -a 6.12.2.6 Recreation Space 6 -8 6.12.3 Open Space and Building Spacing in Residential Districts and Other Districts in which Similar Attached and Multi - Family Uses are Permitted 6-8 6.12.4 Definitions and Methods of Measurement Relating to Non - Residential Intensity Ratios: Requirements and Limitations 6 -14 6.12.5 Reserved 6 -15 6.12.6 Reserved 6 -15 6.13 Application of Performance Standards 6 -15 6.13.1 General Applicability 6-15 6.13.2 Application to Extensions, Enlargements, Etc. 6 -15 6.13.3 Required Compliance by Non - Conforming Situations 6 -15 6.14 Supplementary Performance Standards 6 -15 6.14.1 Electrical Disturbance or Interference 6 -15 6.14.2 Noise 6 -16 6.14.3 Reserved 6 -17 6.14.4 Reserved 6 -17 6.14.5 Reserved 6 -17 6.14.6 Reserved 6 -17 6.14.7 Vibration 6 -17 6.14.8 Reserved 6 -18 -a 6.14.9 Air Pollution 6 -18 -a 6.14.10 Disposal of Liquid Wastes 6 -18 -a 6.15 Interim Development Standards 6 -18 -b 6.15.1 Form and Content - Interim Development Standards 6 -18 -b 6.15.2 Interim Development Standards Approved 6 -18 -b 6.16 Additional Requirements for Certain Permitted Uses 6 -19 6.16.1 Unit Ownership (Condominium) Development 6 -19 6.16.2 Churches 6 -19 6.16.3 Nightclubs, Bars, and Pubs 6 -19 6.16.4 Day Care, Day Nurseries and Private Kindergartens in Commercial and Industrial Districts 6 -19 6.16.5 Commercial Feeder Operation 6 -19 6.16.6 Regulations Concerning Home Occupations, as an Accessory Use . 6 -20 6.16.6.1 Home Occupations in all Residential Districts Except RB, AR and R -1 6 -20 6.16.6.2 Home Occupations in the RB, AR and R -1 Districts 6 -21 6.16.6.3 Home Occupations in the RB, AR -R1 Districts (Minimum 200,000 Square Foot Lots) 6 -22 6.16.6.4 Home Occupation Permit - Application Procedure 6 -23 6.16.7 Storage of Junked or Wrecked Motor Vehicles 6 -24 6.16.8 Temporary Yard Sale 6 -24 6.16.9 Temporary Fund Raising Activity 6 -24 6.16.10 Recreational Facilities (Profit/Non Profit) 6 -24 6.16.11 Recreational Facilities (Profit) 6 -24 6.16.12 Telephone Exchanges (without business offices), Subscriber Loop Huts, Pressure Regulator Stations, Water and Sanitary Sewer Pumping Stations 6 -24 -a 6.16.13 Massage Business as Permitted Use in CC -III and GC -4 Districts 6 -25 6.16.14 Electrical Substations,. Switching and Metering Stations, and Associated Transmission Lines, Where Incoming Voltage does not exceed 100 Kilovolts 6 -25 6.16.15 Solid Waste Collection 6 -25 -a 6.16.16 Borrow Pits for Federal and State Highway Projects 6 -25 -b 6.16.17 Special Events 6 -25 -b 6.16.18 Garden Center 6 -25 -c 6.17 Traffic Impact Study Required 6 -25 -d 6.18 Telecommunications Towers and Equipment 6 -25 -d 6.18.1 Administrative Approval of Stealth Telecommunications Towers and Telecommunication Equipment 6 -25 -f 6.18.2 Telecommunications towers and equipment as principal or accessory uses 6 -25 -f 6.18.3 Antennas not located on telecommunications towers 6 -25 -g 6.18.4 Minimum Standards for Telecommunications towers 6 -25 -1 6.18.5 Master Telecommunications Plan ( "Plan ") 6 -25 -n 6.19 Federal Wetlands Permits 6 -25 -o 6.20 Large Ground Absorption Systems (3,000 gals. per day) and Package.Sewage Treatment Plats Prohibited in AR Districts and Rural Buffer Districts 6 -25 -o 6.21 Mobile Home Standards 6 -25 -o 6.21.1 Existing or New Mobile Home Parks 6 -25 -o 6.21.2 Mobile Homes in Individual Lots 6 -25 -p 6.21.3 Exceptions 6 -25 -q 6.22 Bonus Intensities for Lower Income Housing 6 -25 -q 6.22.1 'Intent 6 -25 -q 6.22.2 Applicability 6 -25 -q 6.23 Extra Requirements for Watershed Protection Overlay Districts 6 -26 6.23.1 Land Use Restrictions 6 -26 6.23.2 Residential Density 6 -27 6.23.3 Stormwater Infiltration and Detention 6 -28 6.23.4 Operation and Maintenance of Structural BMPs (Detention Ponds) 6 -35 6.215 Placement of Streets, Driveways and Buildings 6 -39 6.23.6 Undisturbed Area 6 -39 6.23.7 Stream Buffers 6-40 6.23.8 Water Supply /Sewage Disposal Facilities 6 -43 6.23.9 Clustering 6 -44 6.23.10 Applicability 6-44 6.23.11 Administration 6-46 6.24 Additional Requirements for Lots Outside of Watershed Protection Areas 6-46 6.25 Reserved 6-47 6.26 Extra Requirements for the Major Transportation Corridor (MTC) District 6 -47 6.26.1 Permitted Uses 6 -47 6.26.3 Approval Requirements 6-47 6.26.4 Site Plan Requirements 6-47 6.26.5 Landscaping and Buffers 6-48 6.26.6 Yard Requirements 6 -49 6.26.7 Off - Street Parking 6-49 6.26.8 Sign Regulations 6-49 6.27 Large Day Care Homes 6-49 6.27.1 Site Plan Requirements 6-49 6.27.2 Standards for Evaluation 6 -50 6.27.3 Large Day Care Home - Application Procedure 6 -50 6.28 Affordable Housing 6 -51 6.28.1 Density Increase Permitted 6 -51 6.28.2 Applicability 6 -52 6.28.3 Contract for sale of Single - Family Residences 6 -52 6.28.4 Contract for Rental of Duplex or Multi - Family Units 6 -53 6.28.5 Disclosure of Contract Terms to Potential Home - Buyers 6 -54 6.28.6 Conveyance of Property to Orange County 6 -54 6.29 Development Standards for Economic Development (ED) Districts 6 -55 6.29.1 Purpose 6 -55 6.29.2 Design Review Process 6 -55 6.29.3 Design Standards 6 -56 6.29.4 Additional Requirement for Certain Subdivisions 6 -56 6.30 Extra Requirements for the Stoney Creek Basin Overlay District 6 -57 6.31 Outdoor Lighting Standards 6 -60 6.31.1 Purpose and Intent 6 -60 6.31.2 Definitions 6 -60 6.31.3 Applicability 6 -61 6.31.4 Exemptions 6 -61 6.31.5 Submittal Requirements 6 -62 6.31.6 General Standards For All Areas 6 -63 6.31.7 Lighting in Parking Lots and Outdoor Areas 6 -64 6.31.8 Lighting for Vehicular Canopies 6 -64 6.31.9 Outdoor Sports Field /Outdoor Performance Area 6 -65 6.31.10 Lighting of Outdoor Display Areas 6 -65 6.31.11 Lighting of Buildings and Landscaping 6 -65 6.31.12 Prohibitions 6 -65 VII PLANNED DEVELOPMENT DISTRICTS 7 -1 7.1 Planned Development Districts, Generally 7 -1 7.2 Planned Development Defined 7 -1 -a 7.2.1 Establishment of the Planned Development Districts 7 -1 -b 7.2.2 Property Owner Must Apply for Planned Development District 7 -2 7.2.3 Allowed Uses Must Be Shown On The Plan 7 -2 7.2.4 Imposed Conditions 7 -2 7.2.5 Special Use Required for Each Planned Development 7 -2 7.2.6 Standards for Evaluation 7 -2 -b 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 7A.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 Flan and Related Regulations 7 -8 7.6 Zoning Administrator's Action on Approval of Final Plans 7 -9 7.7 Approval of Detailed Plan, Etc. is an Administrative Action 7 -9 7.8 Changes in Approved Final Plans 7 -9 7.9 Expiration of Time Limits on .PD Amendments 7 -10 7.10 Restrictions on Permitted Uses 7 -10 7.11 Reserved 7 -10 7.12 Reserved 7 -10 7.13 Reserved 7 -10 7.14 Planned Development Housing (PD -H) Districts - 7 -10 7.14.1 PD -H Districts: Where Permitted; Intent Concerning Timing 7 -10 7.14.2 Permitted Principal and Accessory Uses and Structures 7 -11 7.14.3 Site Planning 7 -14 7.15 Planned Development Commercial (PD -C) Districts 7 -17 7.15.1 PD -C; Where Permitted: Intent 7 -17 7.15.2 Reserved 7 -19 7.15.3 Reserved 7 -19 7.15.4 Permitted Principal and Accessory Uses and Structures 7 -19 7.15.5 Height Limitation 7 -20. 7.15.6 Pedestrian and Landscaped Common Area Requirements 7 -20 7.15.7 Off - Street Parking: Loading Requirements 7 -20 7.15.8 Underground Electrical and Telephone Utilities 7 -20 7.15.9 Sign Limitations 7 -20 7.15.10 Site Planning 7 -20 7.16 PD -01: Planned Development -Office and Institutional Districts 7 -22 7.16.1 PD -01 Districts: Defined, Intent, Where Permitted 7 -22 7.16.2 Permitted Principal Uses and Structures' 7 -23 7.16.3 Height Limitations 7 -23 7.16.4 Permitted Intensity of Development 7 -23 7.16.5 Setbacks Required Adjacent to Residential Districts 7 -24 7.16.6 Site Planning 7 -24 7.16.7 Sign Limitations 7 -25 7.17 Planned Development - Industrial Districts 7 -26 7.17.1 PD -1 Districts: Defined, Intent, Where Permitted 7 -26 7.18 PD -MU: Planned Development - Mixed Use Districts 7 -28 7.18.1 PD -MU Districts: Defined, Intent, Where Permitted 7 -28 7.19 PD -PWI: Planned Development - Protected Watershed Industrial Districts 7 -34 7.19.1 PD -PWI District: Defined, Intent, Where Permitted 7 -34 7.20 PD -MHP Planned Development - Mobile Home Park District 7 -38 7.20.1 PD -MHP District: Defined, Intent, Where Permitted 7 -38 7.20.2 Minimum and Maximum Area Required for Establishment of District 7 -38 7.20.3 Permitted Principal Uses and Structures 7 -39 7.20.4 Development Requirements for Mobile Home Parks 7 -39 7.20.4a) Mobile Home Space Requirements 7 -39 7.20.4b) Mobile.Home Stand Requirements 7-40 7.20.4c) Separation Requirements 7-40 7.20.4d) Installation of Individual Mobile Homes 7 -41 7.20.4e) Vehicular Access 7-41 7.20.4f) Identification Signs /Street Numbering 7-43 7.20.4g) Grounds and Buildings 7-44 7.20.4h) Erosion and Stormwater Control Requirements 7-45 7.20.41) Recreation Areas and Facilities 7-45 7.20.4j) Landscaping and Screening 7-45 7.20.4k) Utilities 7 -46 7.21 PD -ED Planned Development - Economic Development District 7-48 7.21.1 PD -ED District: Definition and Intent 7-48 VIII SPECIAL USES 8 -1 8.1 Intent 8 -1 8.3 Establishment of Classes of Special Uses; Authority to Approve or Disapprove 8 -3 8.4 Procedure for Submission and Consideration of Applications for Approval of Special Uses 8 -3 8.4.1 Pre - Application Conference 8 -3 8.4.2 Application Submitted to Zoning Officer 8 -4 .8.4.3 Zoning Officer Prepares Analysis and Recommendations 8 -4 8.4.4 Recommendation Submitted to Planning Board or Board of Adjustment 8 -5 8.4.5 Public Hearing Required, Notice Specified 8 -5 8.4.6 Planning Board Action on Class A Special Use 8 -5 8.4.7 Action on the Application 8 -6 8.4.8 Imposed Conditions 8 -6 8.4.9 Withdrawal of Application 8 -6 8.4.10 Effect of Denial on Subsequent Petitions 8 -6 8.4.11 Time Limits on Special Uses 8 -7 8.5 Action Subsequent to the Board Action 8 -7 8.6 Contents of Application for Approval of a Special Use 8 -7 8.7 Minor Changes to be Approved by Zoning Officer; Modifications Require Action by Approving Board 8 -8 8.7.1 Criteria to be Used in Determination 8 -8 8.7.2 Review of Record Required 8 -8 -a 8.7.3 Action Required on Proposed Minor Changes or Modifications 8 -8 -a 8.8 Regulations Governing Individual Special Uses 8 -9 8.8.1 Extraction of Earth Products (Class A Special Use) 8 -9 8.8.1.1 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 8.8.18 Buildings for Temporary Use (Class B Special Use) 8 -24 -b 8.8.18.1 Additional Information 8 -24 -b 8.8.18.2 Standards of Evaluation 8 -24 -c .8.8.19 Electric, Gas and Liquid Fuel Transmission Lines (Class B Special Use) 8 -24 -c 8.8.19.1 Additional Information 8 -24 -c 8.8.19.2 Standards of Evaluation 8 -24 -c 8.8.20 Residential Hotel, Dormitory, Fraternity, Sorority, Religious Quarters (Class A Special Use) 8 -24 -d 8.8.20.1 Additional Information 8 -24 -d 8.8.20.2 Standards of Evaluation 8 -24 -d 8.8.21 Recreational Facilities (Class B Special Use) 8 -24 -d 8.8.21.1 Additional Information 8 -24 -d 8.8.21.2 Standards of Evaluation 8 -25 8.8.22 Waste Management Facility, Hazardous and Toxic (Class A Special Use) 8 -25 8.8.22.1 Additional Information 8 -25 8.8.22.2 Standards of Evaluation 8 -26 8.8.23 Planned Developments 8 -26 8.8.23.1 Additional Information 8 -26 8.8.23.2 Standards of Evaluation 8 -26 8.8.24 Historic Structures- Non - Residential Reuse /Mixed Use (Class A Special Use) 8 -26 8.8.24.1 Additional Information 8 -26 8.8.24.2 Standards of Evaluation 8 -27 8.8.25 Non- Profit Educational Cooperative 8 -28 8.8.25.1 Additional Information 8 -28 8.8.25.2 Standards of Evaluation 8 -29 8.8.26 Modification of Impervious Surface Limitations 8 -30 8.8.26.1 Additional Information 8 -30 8.8.26.2 Standards of Evaluation 8 -30 -a 8.8.27 * Site Specific Development Plans 8 -31 8.8.27.1 Additional Information 8 -31 8.8.27.2 Standards of Evaluation 8 -31 8.8.28 Rural Guest Establishments 8 -32 Bed & Breakfast (Zoning Permit) 8 -32 Bed & Breakfast Inn (Class B Special Use Permit) 8 -32 Country Inn (Class A Special Use Permit) 8 -32 8.8.28.1 Intent 8 -32 8.8.28.2 Additional Information 8 -32 8.8.28.3 Standards of Evaluation 8 -34 8.8.28.4 Other Requirements 8 -36 8.8.29 Major Subdivision Class A Special Use (Rural Designated or Urban Designated) 8 -39 8.8.29.1 a Additional Information (to be submitted for all applications) 8 -39 8.8.29.1 b Additional Information (for all applications of over 40 lots) 8 -40 8.8.29.2 Standards of Evaluation 8-42 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 1 D -11 10.7 Satellite Parking 10 -11 10.8 Handicapped Parking Facilities 10 -12 10.9 Off- Street Loading Space Requirements 10 -12 10.10 Off - Street Loading Space in Addition to Off - Street Parking Space 10 -12 10.11 Off- Street Loading Space Defined 10 -12 10.12 Access to Off - Street Loading Spaces 10 -13 10.13 Minimum Off - Street Loading Space Requirements 10 -13 XI NON - CONFORMITIES 11 -1 11.1 Classification of Non - Conformities 11 -1 11.2 Intent Concerning Non- conformities Generally 11 -1 11.3 Intent Concerning Completion of Non - Conforming Projects 11 -1 11.4 Intent Concerning Non - Conforming Uses: Specifically Declared to be Incompatible with Permitted Uses 11 -3 11.5 Intent Concerning Non - Conforming Signs 11 -3 11.6 Special Permit Uses not to be Considered Non - Conforming 11 -3 11.7 Non- Conforming Lots 11=4 11.7.1 Use of Single Non - Conforming Lots for One - Family Detached Dwellings 11-4 11.8 Non - Conforming Uses of Land Without Structures or with Minor Structures 11-4 11.9 Non - Conforming Uses of Major Structures, or Structures and Premises in Combination 11 -5 11.10 Non- Conforming Structures, Other than Signs 11 -5 11.11 Reserved 11 -6 11.12 Non - Conforming Characteristics of Use 11 -6 11.13 Repairs and Maintenance 11 -7 11.14 Non- Conforming Structures Unsafe for Reasons other than Lack of Maintenance 11 -7 XII LANDSCAPING AND BUFFER REQUIREMENTS 12 -1 12.1 Intent 12 -1 12.2 General Requirements 12 -1 12.3 Plan Review and Approval 12 -2 12.4 Landscaping Standards 12 -3 12.5 Land Use Buffer Requirements 12-4 -b 12.6 Standards for Required Land Use Buffers 12-4 -b 12.7 Requirements for Special Use Permits 12 -6 -a 12.8 Waiver of Land Use Buffer Requirements 12 -7 12.9 Installation and Maintenance 12 -7 XIII TRAFFIC IMPACT STUDY 13 -1 13.1 Purpose 13 -1 13.2 Conduct 13 -1 13.3 Applicability 13 -1 13.4 General Requirements and Standards 13 -2 13.5 Submission and Implementation 13 =5 XIV SITE PLAN APPROVAL PROCEDURES 14 -1 14.1 Intent 14-1 14.2 Application Requirements 14-1 14.2.1 Professional Design and Certification 14 -1 14.2.2 Submittal Requirements 14 -2 14.2.3 Specification for Plan Preparation 14 -3 14.3 Site Plan Review 14-4 14.4 Appeal Procedures 14 -6 14.5 Improvements 14 -6 XV RESERVED XVI RESERVED XVII RESERVED XVIII RESERVED XIX RESERVED XX AMENDMENTS 20 -1 20.1 Statement of Intent 20 -1 20.2 Amendment Initiation 20 -1 20.3 Procedure for Submission and Consideration of Applications for Amendment 20 -1 20.3.1 Application Submitted to Zoning Officer 20 -1 20.3.2 Contents of Application 20 -1 20.3.3 Zoning Officer Prepares Analysis and Recommendation 20 -2 20.3.4 Applications for Amendments -Joint Planning Area 20 -2 20.4 Referral of Amendment Application to Planning Board 20 -3 20.5 Board of County Commissioners and the Planning Board Shall Hold A Public Hearing 20 -3 20.6 Public Hearing and Notice Thereof 20 -3 20.7 Action Subsequent to the Date of Public Hearing 20-4 20.8 Withdrawal of Application 20-4 20.9 Effect of Denial on Subsequent Petitions 20 -5 20.10 Fees 20 -5 20.11 Comprehensive Review of Chapter 20 -5 XXI ADMINISTRATION 21 -1 21.1 Establishment of Position of Zoning Officer 21 -1 21.2 Duties of the Zoning Officer 21 -1 21.3 Powers and Limitations of Zoning Officer 21 -1 21.4 Zoning Compliance Permit Required 21 -2 21.5 Certificates of Occupancy 21 -2 21.6 Health Department Approval Prior to Issuarice of Certificate of Occupancy 21 -2 21.7 Fees 21 -3 21.8 Administrative Regulations 21 -3 21.9 Reserved 21 -3 21.10 Reserved ,. 21 -3 21.11 Reserved 21 -3 21.12 Administration and Enforcement of Performance Standards 21 -3 21.12.1 Intent Concerning Determinations Involved in Administration and Enforcement of Performance Standards . 21 -3 21.12.2 Procedure where Zoning Officer can Make Determination 21 -4 '21.12.3 Procedure Where Zoning Officer Cannot Make Final Determination 21-4 XXII DEFINITIONS 22 -1 XXIII ENFORCEMENT 23 -1 23.1 Purpose and Intent 23 -1 23.1.1 Violations; Violators 23 -1 23.1.2 Violation 23 -1 23.1.3 Violators 23 -1 23.1.4 Responsibility 23 -2 23.2 Enforcement Procedures 23 -2 23.2.1 Inspections and Investigations 23 -2 23.2.2 Initial Notice of Violation 23 -2 23.2.3 Final Notice of Violation; Correction Order 23 -2 23.2.4 Appeal to Board of Adjustment 23 -3 23.2.5 Failure to Comply with Notice or Board of Adjustment Decision 23 -3 23.2.6 Extension of Time Limit to Correct Violation 23 -3 23.2.7 Enforcement Action After Time Limit to Correct Violation 23 -4 23.2.8 Emergency Enforcement Without Notice 23 -4 23.3 Remedies; Penalties; Enforcement Action 23-4 23.3.1 General 23-4 23.4 Civil Penalty 23 -6 23.4.1 General 23 -6 23.4.2 Notice 23 -6 23.4.3 Amount 23 -6 23.4.4 Settlement of Claims -6 23.4.5 Continuing Violations .23 23 -7 XXIV LEGAL STATUS PROVISIONS AND EFFECTIVE DATE 24 -1 24.1 Severability 24 -1 24.2 Conflict with Other Laws 24 -1 24.3 Repeal of Existing Zoning Regulations 24 -1 24.4 Effective Date 24 -2 ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE 4.1 Establishment of Use Regulations Except as otherwise provided herein, regulations governing the use of land and - structures are hereby established as shown in the Schedule of Permitted Uses. Uses not expressly permitted are prohibited. *Within all districts there are certain uses that are permitted as a matter of right. The uses are: *Amended 1/19/82 1. Above ground and buried utility lines for local distribution of electricity, telephone, and cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. *Amended 1/17/95 2. Cabinetized telephone and/or fiber optic equipment associated with the local distribution of services. Setbacks from the right -of -way for such equipment may be reduced to 20 feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts provided that the equipment is screened from view by landscape materials. 3. Bona fide farms. 4. Buildings and other temporary structures used in connection with the construction of a permanent building. 5. Neighborhood utility facilities located within a public right of way with the permission of the owner of the right of way (State, City or Town). 6. Off street parking as a required accessory use to a permitted use. 7. , Public and private streets and roads. Railroad rights of way. 8. Water and sanitary sewer lines, gas and liquid fuel distribution lines. `Amended 1 0/4/82 9. Telephone exchanges (without business offices), subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations. (See Article 6.16.12). *Amended 1/3189 10. Electrical substations, switching and metering stations and associated transmission lines, where incoming voltage does not exceed 100 kilovolts (kv). (See Article 6.16.14). 4 -1 "Amended 5/16/89 11. Solid waste collection facilities owned and operated by a public agency for the purpose of disposal of household waste by Orange County residents. (See Article 6.16.15). "Amended 11/1194 12. Borrow pits (including reclamation by landfilling) associated with a State or Federal highway project. (See Article 6.16..16). Uses requiring special permits must meet certain conditions specified in this ordinance. Only after the existence of these specified conditions has been determined by the Board of Adjustment, or the Board of Commissioners, as appropriate, will a special permit be issued; otherwise such uses are prohibited uses. Regulations governing the use of land and structures within a Planned Development district are as established in Article 7. Amended 11/5103 Within all districts certain subdivisions of.land must meet additional requirements and be approved either as a Class A Special Use or as a Planned Development Special Use as follows: 1. Major Subdivision, Class A Special Use, Rural Designated (21-40 Lots) —A tract of land in a Rural Designated area that is proposed for a subdivision of 21 -40 lots. 2. Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) - -A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 3. Major Subdivision, Planned Development, Rural Designated (41+ Lots) -- A tract of land in a Rural Designated area that is proposed for a subdivision of 41 or more lots. 4. Major Subdivision, Planned Development, Urban Designated (80+ Lots)– A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. *4.1.1 Town of Chapel Hill Land Development Standards "Amended 10/18/88 The regulations governing the use of land and structures as contained in the Town of Chapel Hill Land Development Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. 4 -1 -a *4.1.2 Town of Carrboro Land Development Standards *Amended 10/18/88 The regulations governing the use of land and structures as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. 4.2 District Statements of Intent and Application Criteria *4.2.1 Rural Buffer (RB) District a) Intent *Amended 1/5/87 The purpose of the rural Buffer (RB) District is to provide locations for rural residential developments and agricultural, silvicultural or horticultural uses which serve to buffer or separate more intensively planned and /or developed portions of Orange County. Development within the Rural Buffer (RB) District is at very low densities (the minimum lot size per dwelling unit is two (2) acres) and relies on individual wells and ground absorption systems for domestic water supply and sewage disposal, respectively. b) Application Criteria This district will usually be applied where the following conditions exist: Amended 414/88 1. Designated by the adopted Comprehensive Plan as Rural Buffer or by the adopted Joint Planning Area Land Use Plan as Rural Residential or both. 2. Urban services, including water distribution and sewage collection mains are not likely within 10 -20 years. *4.2.2 Agricultural Residential (AR) District ``Amended 115/87 a) Intent The purpose of the Agricultural Residential (AR) District is to assist in the preservation of land suitable, as a result of location, existing farming operations, soils and topography, for agricultural, silvicultural or horticultural uses and to protect such uses from the adverse effects of incompatible land uses. 4 -2 b) Application Criteria This district will usually be applied where the following conditions exist: *Amended 4/4/88 *1. Designated by the adopted Comprehensive Plan as Agricultural Residential. 2. Urban services, including water distribution and sewage collection mains are not likely within 10 -20 years. *4.2.3 Rural Residential (R -1) District *Amended 1/5/87 a) Intent The purpose of the Rural Residential (R -1) District is to provide locations for rural non -farm residential development, at very low intensities, in areas where the short and long -term solutions to domestic water supply and sewage disposal shall be individual wells and ground absorption system. b) Application Criteria This district will usually be applied where the following conditions exist: *Amended *1. Designated by the adopted Comprehensive Plan as Rural Residential. 2. Urban services, including water distribution and sewage collection mains. are not likely within 10 -20 years. *4.2.4 _Low and Medium Intensity Residential (R -2, R -3, R-4) Districts *Amended 1/5187 a) Intent The purpose of the low and medium Intensity Residential (R -2, R -3, R-4) Districts is to provide locations for low and moderate intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. b) Application Criteria This district will usually be applied where the following conditions exist: *Amended 4/4/88 *1. Designated by the adopted Comprehensive Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10 -20 years. 4 -2 -a 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. *Amended 4/4/88 *3. Vehicular access must consists of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. *4.2.5 High Intensity Residential (R -5, R-8, R -13) Districts *Amended a) The purpose of the High Intensity Residential (r -5, R -8, R -13) Districts is to provide locations for high intensity residential development and supporting recreational community, service, or educational uses in areas where the full range urban services are available. It is further intended that these districts be used to promote economically mixed housing developments and to contribute to the provision of a range of housing types for lower income households. b) Application Criteria This district will usually be applied where the following conditions exist: *Amended 4/4/88 *1. Designated by the adopted Comprehensive Plan as a Transition Area which can reasonably be annexed by a municipality in the ensuing 10 -20 years, within the Chapel Hill Joint Planning Area located at an Activity Node designated by the adopted Comprehensive Plan. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. *Amended 4/4188 *3. Vehicular access must consist of direct access to a street certified either arterial or collector as designated by the adopted Comprehensive Plan. *Amended 1014/82 *4. The full range of urban services exist or are proposed at the time of the development including fire, police, recreation, education, commercial and cultural activities. 4.2.6 RESERVED 4.2.7 RESERVED 4-3 4.2.8 Local Commercial- 1 (LC -1) District a) Intent The purpose of the Local Commercial -I (LC -1) District is to provide appropriately located and sized sites for limited commercial uses designed to serve a population at the neighborhood and rural level with convenience goods and personal.services. Performance standards will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building. . b) Application Criteria This district will usually be applied where the following conditions exist: *Amended 4/22/86 4/4188 *1. Site is located within areas designated by the adopted Comprehensive - Plan as either a Commercial Transition Activity Node, a Rural Commercial Activity Node or a Rural Neighborhood Activity Node. 2. Uses would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the surrounding neighborhood. 3. Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. *Amended 4/22/86 *4. Normally, the maximum amount of land zoned LC -1 at any node shall not exceed nine acres, but 5 acres shall apply in rural areas where population density is lower and distributed more widely than in the Transition area. Acreage limitations shall not.apply to property zoned Existing Commercial -V (EC -5) or planned developments. *Amended 414/88 *5. All sites designated LCA shall have direct access to a street classified either as an arterial or collector as designated by the adopted Comprehensive Plan. 4.2.9 Neighborhood Commercial-if (NC -2) District a), Intent The purpose of the Neighborhood Commercial -11 (NC -2) District is to provide appropriately located and sized sites for limited commercial uses designed to serve a population at the neighborhood and rural level with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the lot boundaries of the use. 4 -3 -a b) Application Criteria This district will usually be applied where the following conditions exist: *Amended 4/4/88 *1. Located within areas designated by the adopted Comprehensive Plan as either a Commercial Activity Node or Rural Neighborhood or Rural Community Activity Node. 2. Uses would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the surrounding neighborhood. 3. Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. *Amended 4/22/86 *4. Normally, the maximum amount of land zoned NC -2 at any node shall not exceed nine acres, but a maximum of 5 acres shall apply where population density is lower and distributed more widely than in the Transition areas. Acreage limitations shall not apply to property zoned Existing Commercial -V (EC -5) or planned developments. *Amended 4/4/88 *5. All sites designated NC -2 shall have direct access to a street classified either as an arterial or collector as designated by the adopted Comprehensive Plan. 4-4 4 -5 Amendments: (1) 10 -4 -82 (2) 2 -19-85 (3) 10 -4 -82 (4) 1 -5 -87 (5) 1-3 -89 (6) 8 -5 -91 4.3 PERMITTED USE TABLE (7) 3 -1 -94 (8) 11 -19 -01 * = PERMITTED USE (9) 11 -5 -03 A e CLASS A SPECIAL USE (ARTICLE 8) B - CLASS B SPECIAL USE (ARTICLE 8) RB H1 Day Care Facility, other than Large Day Care Home (1) (5) (6) R 1 H1a Day Care Home, Large (8) R3 H2 Dwelling; Single - Family, wlwo efficiency apartment R5 H3 Dwelling; Two - Family R13 H4 Dwelling; Multiple Family NC2 H5 Dwelling; Mobile Home GC4 H6 Family Care Home 01 H7 Group Care Facility 11 H8 Rehabilative Care Facility 13 H9 Hotels & Motels ED 1­110 Residential Hotel (Fraternities, Sororities, and Dormitories B H11 Rooming House B H12 Temporary Mobile Home (Custodial Care) B H12a Temporary Mobile Home (Use during constructionlinstallation of permaner#t ntial unit and for 30 days following ce of Certificate of Occupancy) 2 B t Home (3) B Guest Establishments (8) Breakfast (8) 04bBed Breakfast Inn (8) trylnn(B) ssory Uses RB AR R 1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 Ei 11 12 13 AS ED PID B B B B B B B B B * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * m m B B D B B B B B B B B B B B B B o 3 m * * * n � 0 iv m vo A A A A A vo m � v � B B B B B B B B B B Q n a N * * * * * * * * * * * * * B B A A 1 RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 El 11 12 13 A (4) (9) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined In Article 22) must be approved as follows: "Major Subdivision of 21-40 Lots, Class A Spacial Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined In Article 22 . "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined In Article 22. .p i N Amendments: (1) 1 -5 -87 (2) 3 -1 -94 (3) 11.5 -03 Manufacturing & Processing M1 Operations Where No Adverse Impacts Occur Beyond the Immediate Space Occupied by the Building Manufacturing & Processing M2 Operations Where No Adverse Impacts Occur Beyond the Boundaries of the Lot Manufacturing & Processing M3 Operations Where No Adverse Impacts Occur Beyond the Zoning District Boundaries 4.3 PERMITTED USE TABLE * = PERMITTED USE A = CLASS A SPECIAL USE (ARTICLE 8) B = CLASS B SPECIAL USE (ARTICLE 8) RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01. El H 12 13 AS ED PID * * * * X m n A m0 n On ZX O_ 0 �m v o� * * ov mr �O v -Fn KM vm z v1 N y Z— 2 ,X v E * m O R AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 El 11 12 13 AS ED PID (1) (3) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major.Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined In Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22. (2) Amendments: (1) 4 -1-85 (2) 1 -5 -97 (3) 3 -1 -94 (4) 10 -21 -97 (5) 11 -5 -03 P14 Parks, Public & Non- Profit P15 Parking As Principle Use, Surface or Structure P16 Public Utility Stations & Sub- Stallons, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants 4.3 PERMITTED USE TABLE * - PERMITTED USE A - CLASS A SPECIAL USE (ARTICLE 8) B - CLASS B SPECIAL USE (ARTICLE 8) P1 Airports, General Aviation, Heliports, S.T.O.L. P2 Botanical Gardens & Arboretums P3 Buildings, Portable assenger Shelter erminals & Garages tery NC2 ch NB GC4 munity Center 01 ction of Earth Products (1) 11 rnmental Protective Services ce & Fire Stations) Rescue ds, Volunteer Fire Departments 13 P11 Land Fills (2 Acres or More) ED P12 Land Fills (Less Than 2 Acres) P13 Military installations (National Guard & P14 Parks, Public & Non- Profit P15 Parking As Principle Use, Surface or Structure P16 Public Utility Stations & Sub- Stallons, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants 4.3 PERMITTED USE TABLE * - PERMITTED USE A - CLASS A SPECIAL USE (ARTICLE 8) B - CLASS B SPECIAL USE (ARTICLE 8) (2) (5) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22. LC1 NC2 CC3 GC4 EC5 01 El 11 12 13 AS ED PID RB AR R1 R2 R3 R4 R5 R8 R13 A A A A A A B B B B B B B B B B B B B B * m sD B B B B B B B B m g * * * * * * * * * * * * * * * * * * * 3 1D °' v B 8 8 B B B B B B A A A A $ A El m m rt$ * * * * * * * * * * * * * * * * * 3 C? cn A A A A A A A 5 51 B B B B B a * * * A A A A A A A A A A A A A A A A I A I RB AR R1 R2 R3 R4 R5 RB R13 LC7 NC2 CC3 GC4 EC5 01 EI 11 12 13 AS ED PID (2) (5) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22. P17 Elevated Water Storage Tanks P1 7A Telecommunication Towers (150 feet R3 In height or shorter) PVC Telecommunication Towers (greater R13 than 150 In height P17D TelecommunicationTower — Stealth GC4 (75 feet or shorter) P18 Research Lands & Installations, Non- 11 profit P19 Schools: Elementary, Middle & Secondary P20 Schools:' Vocational P21 Schools: Dance, Art & Music A P21A Non - Profit Educational Cooperative (1) P22 I Transmission Lines P23 Universities, Colleges & Institutes P24 Governmental Facilities & Office Buildings P25 I Water & Sanitary Sewer Pumping P20 I Camp /Retreat Center (3) Amendments: (1) 7 -1 -85 (2) 1 -5 -87 (3) 2 -19 -91 (4) 3 -1 -94 (5) 12 -10 -02 (6) 11 -5 -03 4.3 PERMITTED USE TABLE " - PERMITTED USE A = CLASS A SPECIAL USE (ARTICLE 8) B = CLASS B SPECIAL USE (ARTICLE 8) RB AR R1 R2 R3 R4 R5 Re R13 LC1 NC2 CC3 GC4 EC5 OI El 11 12 13 AS ED HED PID B B B B B B B B B B B B B B B B B B B B B 8 B B B B B B B B B B B B B B B B A A A A A A A A A A A A A A A A A A A A T q m X T m 2 W m O z o c _ X * * m n v n O * * * * * * 0 O n v A m z-a m P. B B B B B B B B B B B B B B B B B B B Z m * * * * * > 1 * Z +r * * * * * * * * * * * * * * * C D r B B B RB AR R7 I R2 R3 R4 R5 Re R13 LC1 NC2 CC3 GC4 EC5 OI EI 11 12 13 AS ED HED PID (6) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major Subdivision of 21-40 Lots, Class A Special'Use, Rural Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined In Article 22., A U1 Amendments; (1) 1 -5 -87 (2) 3 -1 -94 (3) 10 -21 -97 (4) 1 -20 -98 (5) 11 -5 -03 4.3 PERMITTED USE TABLE * - PERMITTED USE A e CLASS A SPECIAL USE (ARTICLE 8) B - CLASS B SPECIAL USE (ARTICLE 8) (1) (5) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined In Article 22) must be approved as follows: "Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined In Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision or 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22. RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 Ell 11 12 13 AS ED PIDI PIDII S1 Garden Center (On Premises Sales) * * * * * S2 Agricultural Services Uses S3 Animal Hospitals; Veterinarians m m S4 Assembly Facility Less Than 300 P� m S5 Assembly Facility Greater Than 300 S6 Banks & Financial Institutions m 37 Beauty & Barber Shops * * * * * 0 3 Clubs or Lodges; Social; Fraternal or S8 Union Clubhouses o. * W N S9 Drive In Theatres 0 * * * * * m 8 S10 Farm Equipment & Sales 0 S11 Feed, Seed, Storage & Processing v �o m 612 Funeral Homes * * o 3 S13 Greenhouses (No On Premises Sales) * * * * * * * * m m v S14 Greenhouses (On Premises Sales) s N S15 Health Services: Under 10,000 Sq. Ft. * * * * * S16 Health Services: Over 10,000 Sq. Ft. S17 Hospitals * * RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC CC3 GC4 EC5 01 EI 11 12 13 AS ED PIDI PIDII rol (1) (5) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined In Article 22) must be approved as follows: "Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined In Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision or 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22. a) Amendments: (1) 3 -18-88 (2) 1 -5 -87 (3) 5 -16 -89 (4) 10 -22 -91 (5) 3 -1 -94 (6) 11 -05 -03 4.3 PERMITTED USE TABLE * - PERMITTED USE A - CLASS A SPECIAL USE (ARTICLE 8) B m CLASS B SPECIAL USE (ARTICLE 8) M (6) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major Subdivision of 21 -40 Lots, Class A Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined In Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined In Article 22. (5) FRBAR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI El 11 12 13 AS ED PIDI PIDII 518 Commercial Feeder Operation S19 Junkyards A A A S19a Class I Kennels (3) * * * * * * ro M 0 S20 Class II Kennels /Riding Stables (3) B B B B B a. B � m rn K) S20a Massage, Business of (1) * * S21 Laundry & Dry Cleaning Services v 0 $22 Libraries * * * * * v m S23 Motor Freight Terminals * * * a m S24 Motor Vehicle Maintenance & Repair CL (Body Shop) m S24a Motor Vehicle Repair Garage * * o 3 S25 Motor Vehicle Sales Rental v (New & Used) (4) m s S28 Motor Vehicle Services Stations * * * * * v 3 Q S27 Nightclubs, Bars, Pubs * * * m v Offices & Personal Services, That g Attract Few Customers or Clients on S28 Premises Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts Beyond The Space Occupied by the Building RB AR R11 R2 R3 R4 R5 Re R13 LC1 NC2 CC3 GC4 EC5 01 El 11 12 13 AS ED PIDI PIDII M (6) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major Subdivision of 21 -40 Lots, Class A Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined In Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined In Article 22. (5) Amendments: (1) 1 -5 -87 (2) 3 -1 -94 (3) 5 -21 -97 (4) 11 -05 -03 S38 Research Facility S39 Restaurants: Carry Out S40 Restaurants: Drive In S41 I Restaurants: General 4.3 PERMITTED USE TABLE " m PERMITTED USE A c CLASS A SPECIAL USE (ARTICLE 8) B a CLASS B SPECIAL USE (ARTICLE 6) RB AR Offices & Personal Services That R2 S29 Generate Medium Traffic Volumes & R5 R8 Have No Adverse Impacts Beyond LC1 NC2 The Lot Boundaries GC4 EC5 Offices & Personal Services That El S30 Generate High Traffic Volumes & 13 AS Have No Adverse Impacts Beyond the PIDI PiDiI Zoning District Boundary S31 Petroleum Products: Storage & Distribution S32 Postal & Parcel Delivery Services S33 Printing & Lithography S34 Recreational Facilities (Non - Profit) A :a S35 Recreational Facilities Golf Course 4 S36 Recreational Facilities (Profit) S37 Repair Service Electronic & Appliance S38 Research Facility S39 Restaurants: Carry Out S40 Restaurants: Drive In S41 I Restaurants: General 4.3 PERMITTED USE TABLE " m PERMITTED USE A c CLASS A SPECIAL USE (ARTICLE 8) B a CLASS B SPECIAL USE (ARTICLE 6) RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 El 11 12 13 AS ED PIDI PiDiI m 0 e m rn N tD v m o „ „ 3 N a C CL B B B B B B B B B B B B B B B B B 3 N O A A A A A A A A A A A A A A A A A 7 0 0 0 m 0 a 3 m v • N 5 FRB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 QI El 11 12 13 AS ED PIDI PIDII (4) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined In Article 22) must be approved as follows: "Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined In Article 22, (2) Amendments: (1) 1 -5 -87 (2) 5 -18 -89 (3) 3 -1 -94 (4) 11 -05 -03 Retail Trade, Sales, & Rental of Durable and Convenience Goods, Merchandise & Equipment, Including Mail Order Houses, Where No Adverse Impacts Occur Beyond Immediate Space Occupied By The Building Where: (2) A) Operations Are Designed to Attract & Serve Few Customers or Clients on Premises other than Employees of the Principle Use. B) Low Volume Traffic Generation (0 -200 Trips/Day) C) All Operations are Conducted . Entirely Within a Fully Enclosed Building with no Outside Storage •P Retail Trade, Sales, & Rental of Ix Durable and Convenience Goods, pp Merchandise & Equipment, Including Mail Order Houses, Where No S43 Adverse Impacts Occur Beyond the Boundaries of Lot Where the Use is Located. (2) A) Medium Traffic Generation (200 -800 Trips /Day) Retail Trade, Sales, & Rental of Durable and Convenience Goods, Merchandise & Equipment, Including Mail Order Houses, Where No Adverse Impacts Occur Beyond the Boundaries of The Zoning District. (2) A) High Volume Traffic Generation (More than 800 Trips/Day) 4.3 PERMITTED USE TABLE "= PERMITTED USE A e CLASS A SPECIAL USE (ARTICLE 8) B - CLASS B SPECIAL USE (ARTICLE 8) RB AR Ri R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI El 11 12 13 AS ED PIDI PIDII 0 D B: m IV v o` 3 R. w 0 a v ra B, m 0 3 v m 0 3 m v v 3 N RB AR FR1 R2 R3 R4 R5 R8 R13 ' LCi NC2 CC3 GC4 EC5 OI EI 11 12 13 AS ED PIDI PIDiI Im (4) Within all zoning districts certain subdivisions of land In "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major Subdivision of 21 -40 Lots, Class A Special Use, Rural.Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22. (3) Amendments: 4 -1 -85 4 -1 -91 3 -18 -86 3 -1 -94 1 -5-87 9 -3 -96 10 -5 -87 12 -17 -95 5 -16 -89 10 -21 -97 10 -1 -90 11 -05 -03 S58 I Special Events (Lass than 150) 4.3 PERMITTED USE TABLE •.= PERMITTED USE A = CLASS A SPECIAL USE (ARTICLE 8) B . CLASS B SPECIAL USE (ARTICLE 8) RB S45 Deleted (5) R2 346 Deleted (5) R5 S47 Deleted (5) LC1 S48 Sawmills GC4 S49 Stockyards El S50 Storage of Goods. Outdoor 13 S51 Storage of Warehousing: Inside PIDI PIDiI Building 5518 Studio (Art) (6) A. S52 Waste Management Facility; Hazardous & Toxic S53 Wholesale Sales S54 Historic Sites Non- Residential/Mixed Use (1) Assembly and Packaging Operations 555 including Mail Order Houses, But I556 Excluding On- Premises Retail Outlets (2) Crematoria (4) S57 Golf Driving and Practice Ranges (7) S58 I Special Events (Lass than 150) 4.3 PERMITTED USE TABLE •.= PERMITTED USE A = CLASS A SPECIAL USE (ARTICLE 8) B . CLASS B SPECIAL USE (ARTICLE 8) RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 El 11 12 13 AS ED PIDI PIDiI m 0y * c� e m o� IV m m 3 m En w A A A a N 0 8 0 0 A A A 0 m m m m 0 Gi RB AR R1 R2 R3 R4 R5 R8 R13 LC7 NC2 CC3 GC4 E El 11 IZ 13 AS ED PIDI PIDII (3) (9) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Major Subdivision of 21 -40 Lots, Class A Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined In Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22. t6) 4 -20 6.29.3 Design Standards The design standards applicable within Economic Development Districts are shown on the following pages and are divided into two categories, Land Use Intensity 'Performance Standards and Design Criteria. The Performance Standards establish "land use intensity ratios ", or ratios of construction to natural features as well as standards to eliminate or mitigate nuisances and undesirable impacts on the environment. The Design Criteria establish standards for landscape and architectural features, parking and circulation, service and storage, and signs and lighting; i.e., how the use "fits" the site and how it relates to the surrounding area. NOTE: The "design standards" referenced in Article 6.29.3 have been prepared as a separate document entitled The Orange County Economic Development Districts Design Manual. Copies of the Zoning Ordinance may be obtained with or without the Design Manual depending upon the needs of the citizen. 6.29.4 Additional Requirement for Certain Subdivisions Amended 11/5/03 Within all ED Districts certain subdivisions of land must meet additional requirements and be approved either as a Class A Special Use or as a Planned Development Special Use as follows: 1) Major Subdivision, Class A Special Use, Rural Designated (21 -40 Lots) —A tract of land in a Rural Designated area that is proposed for a subdivision of 21 -40 lots. 2) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) - -A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 3) Major Subdivision, Planned Development, Rural Designated (41+ Lots) — A tract of land in a Rural Designated area that is proposed for a subdivision of 41 or more lots. 4) Major Subdivision, Planned Development, Urban Designated (80+ Lots)- - A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. 6 -56 6.30 Extra Requirements for the Stoney Creek Basin Overlay District 6.30.1 Purpose The Stoney Creek Basin Overlay District is intended to implement the Stoney Creek Basin Small Area Plan by'modifying certain Flexible Development regulations as contained in Section IV -13-10 of the Orange County Subdivision Regulations, to encourage the distribution and intensity of development areas and open space as specified in the Plan. 6.30.2 Zoning Ordinance and Subdivision Regulations Generally Applicable Within the Stoney Creek Basin Overlay District, provisions of the Orange County Zoning Ordinance and Subdivision Regulations for the underlying zoning districts are applicable, except for certain provisions as specified in Article 6.30.4. 6.30.3 Land Use Intensities Three levels of land use intensity are contained in the Stoney Creek Basin Small Area Plan. These areas are designated in the Plan as lower, intermediate, and higher intensity areas, which are identified, respectively, as Lower Intensity, Intermediate Intensity, and Higher Intensity Development Areas within the Stoney Creek Basin Overlay Zoning District. 6.30.3a Lower Intensity Development Area The Lower Intensity Development Area includes land designated as lower intensity area in the Stoney Creek Basin Small Area Plan. The Lower Intensity area best typifies the area's remaining rural character and is proposed to have the lowest average development densities in the future. The current character of the area is residential development on relatively large lots, with a considerable number consisting of large undeveloped tracts (both open and forested), and active farm land. The Lower intensity area lies mostly in the central and southern part of the study area. A portion also extends north to 1 -85 in the undeveloped area east of Strayhom .Hills. It contains 2502 acres, 725 of which are contained in Duke Forest or the Stoney Creek wildlife corridor. 6 -57 ARTICLE 7. PLANNED DEVELOPMENT DISTRICTS PLANNED DEVELOPMENT DISTRICTS 7.1 Planned Development Districts, Generally Planned Development (PD) districts may be established for specialized purposes where tracts suitable in location, area and character for the use and structures proposed are to be planned and developed on a unified basis. Suitability of tracts for the development proposed shall be determined primarily by reference to the Comprehensive Plan, but due consideration shall be given to the existing and prospective character of surrounding development. Planned Development districts may be used in all areas covered by the Joint Planning Agreement among Orange County, the Towns of Carrboro and Chapel Hill and the Orange Water and Sewer Authority. To this end suitable incentives, in the form of bonuses, over and above the intensity of permitted development under traditional lot -by -lot development, shall be provided. The Planned Development technique may be used in the University Lake, Cane Creek and part of the Upper Eno Watershed areas, to protect these important water supply reservoir areas from degradation. The Planned Development technique may be used in the rural portions of Orange County where the size or complexity, or both, of the proposed development warrant its use. The Planned Development technique offers distinct advantages to the public, while affording private property owners greater flexibility in the development of their land, the opportunity for the application of new and ingenious development techniques and more prudent use of time, money and effort. The public benefits include more efficient and effective use of land, more efficient use of energy, the reduction of the costs of continuing maintenance responsibilities and a higher average level of amenity in all types of development. PD districts shall be so related to the general development pattern and the objectives of the Comprehensive Plan as to provide for comfort and convenience of residents, facilitate protection of the character of surrounding neighborhoods, and reduce automotive traffic congestion by a reasonably close relationship (either in distance or in time) between origins and destinations of persons living, working or visiting in such developments, or by availability of mess transit. Housing, commercial and service facilities and principal places of employment shall be so related by physical proximity, by major street networks, or by mass transit as to promote these objectives. 7 -1 Within PD-districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are intended to control unscheduled development on individual lots, and to promote economical and efficient land use, and improved level of amenities, appropriate and harmonious variety, creative design and a better environment. 7.2 Planned Development Defined Amended 11/5/03 For purposes of those regulations, a planned development is: a) Land under unified control, to be planned and developed as a whole; b) A single development operations or a definitely programmed series of development operations, including all lands and buildings; c) Principal and accessory structures and uses substantially related to the character and purposes of the district; d) According to comprehensive and detailed plans which include not only streets, utilities, lots or building sites and the like, but also site plans and floor plans for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and e) With a program for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of the district, but will not be provided, operated or maintained at general public expense. f) A Major Subdivision, Planned Development as described in Article 4.1. 7 -1 a Amended 11 /5/03 8.8,29 Mai )r Subdivision Class A Spec! Use Rural Desi Hated or Urban Desi Inatedl 8.8.29.1A Additional Information (To be submitted for all applications In addition to a Preliminary Plan prepared in accordance with the Orange County Subdivision Regulation and the information required in Subsections 8.2 and 8.8, the following shall be submitted as part of the application: a) NOTIFICATION Stamped envelopes addressed to each owner of property within 500 feet of the property proposed for subdivision. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records system. b) DEVELOPMENT SCHEDULE A statement, from the applicant, indicating the anticipated development schedule for the build out of the project. c1) WATERISEWER COMMITMENT roof of If the proposed lots are to be served by a public water system, p water supply and service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the water system providing the water to serve the lots in the subdivision. If the proposed lots are to be served by a public sewer system proof of public sewer service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the sewer system providing the sewer service to the lots in the subdivision. If the proposed lots are to be served by a community water and /or sewer system, proof that the system(s) will be operated either directly by or through contract with the water and /or sewer provider whose service area or interest area it is, as defined in the Water and Sewer Management Planning and Boundary Agreement and Map adopted December 3, 2001, and as may be amended from time to time. c2)_ WATER RESOURCE REPORT (For Private Wells) If the proposed lots are to be served by individual wells or community wells, a professionally prepared groundwater yield analysis relating the proposed wells to the U.S. Geological Survey Water Resources Investigations Report 00 -4286 and any later USGS Water Resource Investigation Report data available. c3) SEWAGE DISPOSAL REPORT If the proposed lots are to be served by individual septic systems the Environmental Health Division shall submit a report indicating approval for each building lot and for the open space if a homeowners, association amenity is proposed to be constructed within the open space. 8 -39 d) OPEN SPACE CONNECTIVITY A map that demonstrates that the open space composition, accessibility, shape and size requirements as set forth in Section IV -B- 10 of the Subdivision Regulations are to be met. e) NATURAL & HUMAN -MADE RESOURCES A written and graphic site analysis illustrating soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, infrastructure and other constructed features, historic and archaeological sites, and visual analysis of views into and from the site. f) PEDESTRIAN /BICYCLE PLAN If the subdivision is located in a Transition Area designated as such on the Land Use Element of the Comprehensive Plan, a plan for sidewalks or pedestrian /bike lanes as part of the public roads using, where appropriate, alternative North Carolina Department of Transportation design guidelines that include pedestrian /bike lanes as part of the public road system. For proposals not located in a transition area an off-road, pedestrian plan shall be submitted. g) LANDSCAPE PLAN DETAILS A landscape plan that shows: 1) the proposed locations, and types of, plantings, 2) the existing natural landscape with existing topography, 3) the width of roadside and perimeter buffers to be left undisturbed, 4) the open space (proposed undisturbed and proposed improved) as well as type of ownership shall be submitted with the application. 8.8.29.1 B Additional Information (For all applications of over 40 lots) a) SOLID WASTE The location within the subdivision of a solid waste convenience center(s) intended to serve the subdivision and, where appropriate, the area in which the subdivision is located. b) BIOLOGICAL INVENTORY A biological inventory which identifies habitat diversity, species diversity, species of special concern such as those designated as threatened or endangered, last known sighting, candidate species likely to be present which may warrant protection, specimen trees outstanding in size and /or species, and the status and source of the information compiled in the inventory. The biological inventory shall be accompanied by an analysis describing habitat integrity, relationships between habitats and to ecological communities offsite, any existing threats to flora and fauna and potential for habitat enhancement. 8-40 c) ENVIRONMENTAL MITIGATION A mitigation plan is required when any wetland or other environmentally sensitive area identified in the biological inventory will be altered as a result of development of the subdivision or construction of homes or other buildings and structures associated with the subdivision. The mitigation plan shall include the following: 1) An assessment of the ecological value of resources that will be lost and a statement of how that value will be replaced through mitigation; 2) A specific statement of the goals and objectives, i.e., exactly what steps will be taken to compensate for lost habitat, etc.; 3) Detailed descriptions in the form of grading plans, construction plans, and planting plans to illustrate how the objectives will be carried out; 4) A monitoring and maintenance plan to measure success of the mitigation based on stated objectives. Include a list of parties responsible for monitoring and maintenance, a schedule for each, and how results will be reported to the Planning and Inspections Department; 5) A plan showing how the site will be protected from impacts by human and unwanted animal intrusion, alternate plant species and construction methods that could be used in the event adjustments or substitutions are needed until the mitigation area is established; and 6) A financial guarantee is required for the total cost of the mitigation project. Once the installation is complete, thirty percent (30 %) of the amount of the letter of credit or escrow will be held for twelve (12) months or until the site is established, whichever is greater. d) TRAFFIC STUDY A traffic impact study is required for all applications for subdivisions with more than 40 lots outside of transition areas, and 80 lots within transition areas. The study shall include an analysis of the need for public road improvements, including pedestrian- oriented enhancements, for on -site and off -site improvements as said improvements relate to the level of service impacted by the development. The traffic impact study shall be prepared in accordance with the requirements of Article 13. 8-41 8.8.29.2 Standards of Evaluation The following specific standards shall be used in deciding on an application for this use: a) The project meets all applicable design standards and other requirements of the Zoning Ordinance and the Subdivision Regulations. b) The project meets all service provision criteria as set forth below: (1) Fire — identifies the primary and secondary responders and the source(s) of water. (2) Police — identifies the primary and secondary responders. (3) Rescue services identifies the primary and secondary responders. (4) Water Supply — source and capacity of water supply. (5) Wastewater Treatment Methods — provider and capacity of wastewater treatment source. C) Habitats shall be identified and evaluated in the biological inventory required by 8.8.29.1 B (b) and are subject to the following: (1) An undisturbed buffer is required around the boundary of habitats of rare, threatened, or endangered species as shown on the biological inventory. Buffer width shall be determined by site evaluation in consultation with the applicant's biologist and County staff; (2) Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction. Examples include preserving, planting, and maintaining a variety of native vegetation (also dead trees and snags); installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species; or creating wetlands; (3) Conservation easements or other acceptable means such as dedication to a public agency, or conservancy or a homeowner's association are required to protect wetlands and other habitats while insuring proper long -term maintenance; and (4) Provide barriers or fencing, and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access. Limited access may be allowed if proposed in a sensitive manner for environmental education purposes. 8 -42 d) Landscaping and Buffers 1) Protection of Existing Vegetation (a) Existing vegetation shall be preserved as indicated on the approved landscape plan in accordance with the provisions of Article 12.2 of the Zoning Ordinance; (b) Tree protection measures shall be installed and maintained between all areas of disturbance and trees to be retained as shown on the approved landscape plan. A detail of the tree protection barrier proposed shall be included as part of the landscape plan submitted with the application; (c) Corridors connecting habitats identified in the biological inventory shall be preserved along streams, buffers, or other wooded areas. if destroyed during construction, such connections shall be restored using appropriate plant materials; (d) Trees and stumps cleared for roads and building construction shall either be used for timber purposes or shredded for landscape mulch, composted, buried or otherwise disposed of BUT NOT BURNED. 2) Berms, fences and landscaping walls may be used with plant materials for screening, provided such features are designed and located in harmony with other site features and functions; 3) To minimize visual impact by blending architecture into the surrounding landscape, foundation plantings are required at all freestanding entrance signs; 4) Use of xeriscaping principles. e) Stormwater Management 1) No net increase in peak flow leaving the site from the predevelopment conditions for the 1 year, 24 -hour storm; 2) The stormwater management system must respect existing drainage patterns. Runoff shall be directed away from erosion - prone slopes. 3) Energy dissipaters shall be used where runoff is concentrated and discharged, for example, at downspouts from rooftops and storm drains at parking areas. Runoff shall not be discharged directly into surface water, or other environmentally sensitive areas; 8-43 4) Concentrated stormwater, conveyed by ditches, channels, pipes, swales or other conveyance systems must be dispersed and diffuse flow reestablished prior to discharge into a stream buffer; 5) Nitrogen load contribution must be held to 3.6 Ibs per acre per year. f) Drainage 1) All drainage structures will be installed and maintained according to the approved Stormwater Management Plan. 2) Subdivisions that include retention /detention ponds shall comply with the requirements in Section 6.23.4, Operation and Maintenance of Structural Best Management Practices. g) Grading and Erosion Control 1) Plans for grading and erosion control comply with standards contained in the Orange County Erosion and Sediment Control Ordinance and Manual; 2) Construction is phased to the extent practical to minimize disturbance and sedimentation; 3) Sediment control measures will be properly installed to filter sediment from runoff during construction and maintained until grading is complete and a permanent vegetative cover has been established and all slopes stabilized; and 4) Permanent landscaping, groundcover, mulch, etc. will be installed as soon as practical after construction activities for each phase are completed. h) Solid Waste Management A solid waste management plan, submitted as part of the Resources Management Plan, shall include the method(s) of disposal and recycling of construction debris. i) Irrigation 1) Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; 2) The Resources Management Plan shall identify the source(s) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and 8-44 3) Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative. j) Habitat Maintenance 1) Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and /or a conservation easement agreement; and 2) Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic. (non- native) plant species, and keeping drainage ways functioning properly. k) Crime Prevention through Environmental Design (Reserved) 1) Public Road Access Access to the subdivision and access to lots within the subdivision to . existing public roads shall conform to and be in compliance with any public road access management plan adopted' by Orange County. m) Maintenance of Improvements All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, open space, etc. will be maintained in function and appearance. Maintenance specifications, if any, for on -going site management (including provisions for handling of storm debris in open space areas) shall be submitted as part of the Resources Management Plan and incorporated into Homeowners' Association documents. 8-45 8 -46 �_ :s-ky, Lot "taper' permissible at 90' curve radius (A) or along straight street (B), with required front setback depth 25', required lot width 60'. (Street line 80% of lot width or measured at rear of required frontyard). R 70' 201 FrO�t �(Q,rd, 25 Lots with lines radial to a curved street line with curve radius less than 90' (in this case 70') need not comply with 80% rule. Lot C shows application with 20' front setback, D with'25' applies in turning circles of cul -de -sacs, or at sharp bends in streets. On corner lots and through lots, width requirements shall be considered met if the regular lot has one frontage meeting such requirements and contains a buildable area of width, depth and area at least equivalent to that remaining on a rectangular interior lot of minimum dimensions required in the district. 4) Lot Frontage on Regular Lots a) On regular interior lots, the front shall be construed as the portion nearest the street b) On regular corner lots, the front shall be construed as the shortest boundary adjacent to a street. If the lot has equal frontage on two streets, frontage shall be construed in setbacks, but only front and side setbacks. For most lots, depth of a rear setback shall be measured perpendicular to the lot line, so that the required setback is a strip of the minimum depth prescribed by district regulations. However, in the case of lots whose rear lines intersect in the general form of an angle pointing away from the street, the required rear setback shall be construed as running between the apex of the angle and a line parallel to the rear line of the required front setback, and at the distance prescribed for a rear setback from the apex of the angle. Adjacent to the remainder of such lot lines, side setback requirements shall apply. 22 -17 C) Side setback on regular lots are setbacks running from the rear line of the front setback to the front line of the rear setback. Depth of side setbacks shall be measured perpendicular to the side lot line, so that the required setback is a strip of the minimum depth prescribed by district regulations. Amended 10/3/88 Lot Subdivision A piece, parcel or plat of land created pursuant to the Orange County Subdivision Regulations and shown as such on a recorded subdivision plat. Amended 9/18101 Lot, Usable — The portion of a zoning lot unencumbered by stream buffers, drainage easements, public and private rights -of -way, access easements, and transmission line easements. Lot, Usable also excludes all areas within lots having slopes greater than 20 %, all bodies of water including, but not limited to, ponds, lakes, reservoirs and the area within wildlife corridors (as defined in the Land Use Element of the Orange County Comprehensive Plan) up to a maximum width of 150 feet total or the width of the stream buffer, whichever is greater. Amended 1013/88 Lot Zoning Residential - A lot which complies with the dimensional requirements for the land use intended for the zoning district in which it is to be located and which lot is either a lot of record, a subdivision lot, or a lot created by a recorded subdivision plat not requiring Orange County subdivision approval Non - Residential - A lot which complies with the dimensional requirements for the land use intended for the zoning district in which it is located. When a zoning lot is divided by the recording of an approved subdivision plat or by the recording of a subdivision plat not requiring Orange County subdivision approval, each resulting lot is a zoning lot. In cases where authorities empowered to exercise eminent domain, by purchase or condemnation, create residual lots of lesser area, width or a combination thereof than required in the district, such lots shall be treated as non - conforming lots and used as permitted in Article 11 of this Ordinance (Non- conformities). Amended 1/4/94 Low - Density Option - One of two approaches available for development in watershed overlay districts. Generally, the low- density option relies on density and impervious surface limits to minimize the risk of water pollution. Amended 3/18/86 Mail Order House - Establishment primarily engaged in the retail sale of products by catalog and mail- order, and including catalog and order - taking offices. Amended 2/1/88 Major Intersection - Any intersection where traffic generated by a development proposal will have a significant impact on the operation of the intersection. 22 -18 Amended 11/5/03 Major Subdivision 1) Major Subdivision, Standard – All subdivisions not classified as either Minor Subdivision or Major Subdivision, Class A Special Use or Major Subdivision, Planned Development. 2) Major Subdivision, Class A Special Use, Rural Designated (21-40 Lots) —A tract of land in a Rural Designated area that is proposed for a subdivision of 21 -40 lots. 3) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) - -A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 4) Major Subdivision, Planned Development, Rural Designated (41+ Lots)– A tract of land in a Rural Designated area that is proposed for a subdivision of 41 or more lots. 5) Major Subdivision, Planned Development, Urban Designated (80+ Lots) -- A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. For the purpose of determining whether a subdivision is a Major Subdivision, Class A Special Use (Rural Designated or Urban Designated), or a Major Subdivision, Planned Development, (Rural Designated or Urban Designated) the number of lots created shall be determined by counting the cumulative number of lots created, through subdivisions, on a tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land Records of Orange County as of'November 5, 2003. Amended 3118/86 Manufactured Home - A dwelling unit that (i) is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One- and Two- Family Dwellings; (ii) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and (iii) exceeds forty feet in length and eight feet in width. Amended 3118/86 Massage - The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, applied by hand, arm, foot or mechanical device. Amended 3/18/86 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. 22 -19 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 3118/86 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. Amended 3/18/86 5/16189 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 3118/86 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 -20 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. 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. 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 1ot2/89 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.) 22 -21 Amended 5115190 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 1/4/94 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 7/1/85 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. 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. 22 -22 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-1 0, 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. 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. 22 -23 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 3/18/86 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 10/2189 Principal Structure - Any building or other structure occupied or used for the purpose of conducting the principal use of the property. Amended 10/2/89 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. 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. 22 -24 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,. requi ring. professional health care, adult supervision, or rehabilitation. Residential Floor Area - Residential floor area shall st from as the outum faces areas for residential use on all floors of the building measured 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 o lot or tract where Such lands shallrbecorlstrued to include streets locations are controlled by these regulations. 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). Amended t Plan - A document and map, submitted as a part of a Mayor 11/5/03 Resources Managemen Subdivision, Class A Special Use Permit application or a Major Subdivision, Planned Development Atlas Amendment with SUP application, that sets forth, in detail, the location of and the proposed methods for: 1) protection of natural resources (i.e. habitat maintenance, existing vegetation, and mitigation of environmentally sensitive areas), ro osed 2) ownership and maintenance of open spaces (common open space, p p conservation easements, and landscape buffers) 3) provision of services (solid waste management to include recycling, storm water management (temporary and permanent), irrigation systems to include the source of water, 4) the handling of land clearing debris. 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 employee individual rdCOUnter a ds and /or beverages by a restaurant P Y e at the same table o which said items are consumed. b) A cafeteria style setting is provided where food, and /or beverages are consumed within the restaurant structure. 22 -25 Restaurant, Carry-Out - 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 method of operation includes the following characteristics: a) Foods and beverages within the restaurant building, within a motor vehicle parked upon the premises, or at other facilities on the premises outside the building, is posted as being prohibited and such prohibition is strictly enforced by the restauranteur. b) Foods and beverages are usually served in edible, paper, plastic or other disposal containers. Restaurant, Drive -In - An establishment whose principal business -is the sale of food, and beverages to the customer in a ready- to- consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics: a) Food and beverages are served directly to the customer in a motor vehicle by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle. b) The consumption of foods and beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged or permitted. Amended 2/19/91 Retreat Center - A new or existing facility operated by a corporation or association of persons or churches for social and recreational purposes. A retreat center may be owned by a profit or not- for - profit corporation. Amended 10/21/97 Riding Stable - A commercial facility where horses are sheltered, fed, groomed, and bred. Typical accessory uses may include riding instruction, horse shows and auctions, a tack shop, and storage of feed and supplies. Rooming House - A building or group of attached or detached buildings containing, in combination, from three to nine lodging units for occupancy for weekly or longer periods, with or without board, for residents, as distinguished from hotels and tourist homes in which rentals are generally for daily or weekly periods. and occupancy is by transients. Rural Buffer - Land adjacent to an Urban 10- or 20 -Year Transition Area that is rural in character and should remain rural and not require urban services. Rural Community Activity Node Land - Land focused on designated road intersections which serve as a nodal crossroads for the surrounding rural community and is an appropriate location for any of the following: church, fire station, small post office, school, or other similar institutional uses and one or more commercial uses. Amended 11/5/03 Rural Designated - For property that is not located in Urban Designated areas as defined in these definitions. 22 -26 Amended 11/19/01 Rural Guest Establishments - A temporary lodging facility that is compatible to the primary land use of agriculture, forestry, open space, or otherwise rural residential activities. Rural guest establishments consist of three subcategories based on intensity and permit requirements, Bed and Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below. Bed and Breakfast: Apdvate, owner- occupied dwelling in which the frequency and volume of paying guests is incidental to the primary use of the building as a private residence. One to three guestrooms are made available to transient visitors. The establishment shall not contain restaurant facilities, but may provide food service for transient guests only. (Zoning Permit) Bed and Breakfast Inn: A business operated in a structure which is used primarily for providing overnight accommodations to the public, even though the owner or manager lives on the premises. The number of guestrooms may range from four (4) to no more than eight (8). The establishment shall not contain restaurant facilities, but may provide food service for transient guests only. (Class B SUP) Country Inn: A business, which offers accommodations and dining in a predominately rural area. Overnight accommodations are available, and a full - service restaurant provides breakfast, lunch and dinner to guests and the general public. The number of guestrooms may range from four (4) to no more than twenty -four (24). The restaurant shall contain no more than sixty (60) seats. (Class A SUP) Rural Industrial Activity Node - Land focused on designated road intersections which serves as a nodal crossroads for the surrounding rural community and is an appropriate location for one or more industrial uses. Rural Neighborhood Activity Node - Land focused on designated road intersections within a Rural or Agricultural Residential area that is appropriate for small -scale commercial uses. Rural Residential Land- Land in the rural areas of the County that is an appropriate location for low intensity and low density residential development which are not dependent on urban services. Amended 6/25/91 Septic System, Alternative - Any approved ground absorption sewage treatment and disposal system other than an approved privy or an approved septic tank system. Amended 6/25191 Septic Tank System - A subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field. 22 -27 Setback - Yard space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty inches above the general ground level of the graded lot upward, except as specifically provided in these regulations; provided, however, that fences and walls may be permitted in any setback subject to height limitations established generally or for the district and, further provided that poles, posts and other customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do not constitute substantial impediments to free flow of light and air across the setback or violate provisions of these or other regulations regarding visibility. Sign - Any device designed to inform or attract attention of persons not on the premises on which the device is located. Amended 6/4/84 Sign, Identification - On- premise sign identifying a business, person, service, activity, commodity or product. Amended 6/4/84 Sign, Incidental - On- premise sign providing information for the convenience and . necessity of the public, such as "exit ", "no admittance ", "parking ", etc. Sign, Off - Premise- A sign other than an on -site sign. Amended 1/3/84 Sign, On- Premise - Any sign visible from a public right -of -way identifying or advertising a-business, person, activity, goods, products, or services located on the premises where the sign is installed and maintained. Sign, Outdoor Advertising - A sign by the outdoor advertising industry and relating in its subject matter to a business, service, commodity, accommodation, attraction or other activity conducted, sold, or offered, at a location other than the premises on which the sign is located. Amended 10/7/91 Site Specific Development Plan - A plan approved by the Orange County Board of. Commissioners following a public hearing and which describes, with reasonable certainty, the type and intensity of use for a specific parcel or parcels of property located within the County's zoning jurisdiction. A Site Specific Development Plan shall be deemed approved upon the effective date of the Board of Commissioners' action. Site Plans, Special Use Permits, Planned Developments, and Preliminary Subdivision Plats may be approved as Site Specific Development Plans in accordance with Section 8 of the Orange County Zoning Ordinance. Site Specific Development Plans are required only where an applicant wishes to vest his property rights for a period longer than that otherwise permitted by this Ordinance. Space Ratio, Open - The minimum square footage of open space required for each square foot of floor. This area includes parking and vehicular access areas and it can also include balconies and roofs improved for recreation. 22 -28 Amended 12 -17 -96 Special Event - A commercial activity attracting at least 20 people at any given time, that typically does not involve permanent structures, and does not occur more frequently than seven (7) days in a thirty (30) -day period or more than fifty (50) days per year. Examples of special events are craft shows, small festivals, concerts, medical or veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as picnics or receptions sponsored by a restaurant or caterer. Activities which are not included in this definition include: (1) events of a personal or non - profit, nature such as family reunions and - church activities; (2) farm- related or rural events such as horse shows, 4 -H events and auctions; and (3) fund- raising events for non - profit organizations. Special Use - A use which would not be appropriate generally throughout the zoning district or without special study, but which, if controlled as to number, area, location or relation to neighborhood, would. Such uses which are listed as Special Uses in the Permitted Use Table, Article 3-, may be installed and operated only after approval by the Board of Commissioners or by the Board of Adjustment, as appropriate, subject to the general and specific standards. Specialized Words Definitions - (See Special Use; Non - Conformity; Variance; Dedication; Easement; Group Development; Comprehensive Plan.) Amended 114/94 State Mandate - The minimum Rules adopted by the Environmental Management Commission for application to North Carolina's watersupply watersheds, as required by the Water Supply Watershed Protection Act. The purpose of the Act, as stated in its opening paragraph, is "... to protect and enhance the quality of the State's surface water supplies by establishing a cooperative program of watersupply protection to be administered by local governments consistent with statewide management requirements established by the Environmental Management Commission (EMC)." Amended 1/4/94 9118/01 5/20/03 Stream Buffer - A stream buffer is an area of land adjacent to a stream or a FEMA- identified floodplain, whichever is greater, which, except as permitted in Article 6.23.7 of this Ordinance, must remain undisturbed in its natural state. Streams are identified by any of the following means: 1) shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps, 2) shown as a water feature in the Orange County Soil Survey, or 3) a water feature identified by a field determination of County staff trained in surface water identification through the North Carolina Division of Water Quality (NCDWQZ. Stream buffers shall extend around the perimeter of all other water features if any portion of the stream buffer touches the water feature. Disputes pertaining to water feature identification decisions by County staff shall be filed directly to the NCDWQ. Stream buffers for Soil Survey streams shall only be calculated using Method A as explained in Section 6.23.7d. Street - A way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, freeway, road, avenue, boulevard, lane, place or however otherwise designated. 22 -29 Street, Alley - Alley is a minor way used primarily for vehicular access to the rear or side of properties otherwise abutting a street at the front, and which is not intended for general circulation. Street, Arterial - Arterial street is used primarily for through traffic, usually on a continuous route. These streets carry high volumes of traffic, in excess of twelve hundred trips per day. For purposes of these regulations such streets include those so designated in the Comprehensive Plan or element thereof. Street, Collector - Collector street is used or designed to carry traffic between minor, local and subcollector streets and arterial streets, but may also provide direct access to abutting properties. It serves or is designed to serve directly or indirectly more than one hundred units and is designed to be used or -is used to carry more than eight hundred trips per day. Street, Cul -de -sac - Cul -de -sac is a street that generally terminates in a circular right -of -way. It is used or designed to be used to provide access to abutting properties. Street, General Factors to Definition - For the purposes of these regulations, terms relating to streets are defined as follows. Determination of the classification of a street shall be by the following criteria: 1) The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day; 2) The number of dwelling units to be served by the street may be a useful indicator of the number of trips but is not conclusive; 3) Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision. Street, Limited Access - Limited access street is that to which access from adjoining property is not direct, but is combined, limited, channeled or prohibited. Marginal access streets are one means for limiting and controlling access to arterial streets, usually providing entrances along a single block face. Street, Local - Local street is used or designed primarily to provide access to abutting properties. It serves or is designed to serve at least ten but not more than twenty five dwelling units and is expected to or does handle between seventy five and two hundred trips per day. Street, Loop - Loop street is used as a means for local traffic to leave and enter other streets without turning around, but provides access only to abutting properties. Street, Minor - Minor street is used or designed primarily to provide access to abutting properties. It serves or is designed to serve not more than nine (9) dwelling units and is expected to or does handle up to seventy -five (75) trips per day. Street, Private - Private street is a privately maintained vehicular way built to the private street standards of Orange County. 22 -30 Street, Public - Public street is a street which has been accepted for permanent maintenance by the State of North Carolina. Street, Subcollector - Subcollector street is used or designed to provide access to abutting properties, but is also designed to be used or is used to connect minor or local streets with collector or arterial streets. Including residences indirectly served through connecting street, it serves or is designed to serve at least twenty -six (26) but not more than one hundred (100) dwelling units and is expected to or does handle between two hundred (200) and eight hundred (800) trips per day. Amended 10/2189 Structure - Anything constructed or erected to a height of thirty inches or more, including but not limited to load bearing walls, columns, beams or girders. Amended 10 /1 /90 Studio (Arts and Crafts) - Room or building where an art is taught, practiced or studied, or where a craft or product is manually produced. Typical studio users include artists, musicians, dancers, gymnasts, photographers, sculptors, wood and leather craftsmen, glass blowers, weavers, and silversmiths. Amended 2/1/88 Study Area - The area in which a traffic impact analysis will be made and extending approximately one half mile along roadways adjacent to a development project and in both directions from all access points or to a major intersection along these roadways. Amended 3/18/86 Support System - A combination of footers, piers, caps, and shims that will, when properly installed, support the mobile home. Masonry walls may be installed as a cosmetic feature. Amended 2119/89 Temporary Residential Mobile Home - A mobile home, intended for residential use for a limited period of time, for purposes of providing for custodial care under a Class B Special Use Permit or providing temporary residential space during the installation of a replacement mobile home or construction of a stick -built or modular residential unit on the same lot, and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The temporary mobile home is not attached to a permanent or semi- permanent foundation. Temporary Use Building - A building, not intended for residential use, consisting of one or more modules constructed off the ultimate site of use. The building is also not attached to a permanent or semi- permanent foundation. Ten -Year Transition, Land - Land located in areas that are in the process of changing from rural to urban, and are suitable for urban -type densities, including the provision of public utilities and services within the first ten year phase of the Plan. Tourist Home - A building or group of attached or detached buildings containing, in combination, three to nine lodging units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by transients, as distinguished from rooming houses, in which occupancy is primarily by residents rather than transients. 22 -31 Amended 2/7/86 Traffic Generation: Low - Uses which generate an average of less than 200 vehicle trips per day. Amended 2/7/86 Traffic Generation: Medium Uses which generate an average of between 200 -800 vehicle trips per day. Amended 2/7/86 Traffic Generation: High - Uses which generate an average of more than 800 vehicle trips per day. "W'"I -,.-. 11/2/81 Transmission Lines - a) For lines carrying electrical energy, transmission lines are those which carry 45,000 volts or more. b) For lines which carry liquids or gases, transmission lines are those operating or designed to operate at pressures of one hundred pounds per square inch or greater. Amended 3/18/86 Travel Trailer - A structure that is (i) intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle) and (ii) is designed for temporary use as sleeping quarters, but that does not meet the definition of a manufactured home. Amended 211/88 Trip Generation Rates - The total count of trips to and from a study site per unit of land use as measured by parameters such as dwelling units, acres, etc. Twenty -Year Transition Land - Land located in areas that are in the process of changing from rural to urban, and are suitable for urban -type densities including the provision of public utilities and services within the second ten year phase of the Plan. Amended 11/5/03 Urban Designated - For property that is, located within a Transition Area as identified in the Land Use Element of the Comprehensive Plan and also within a Primary . Service Area as defined by the Water and Sewer Management Planning and the Boundary Agreement and Map adopted December 3, 2001 and as either may be amended from time to time. Urban Land - Land within the corporate limits of a town (and is therefore under the jurisdiction of the Land Use Plan for the town). Amended 11/2/81 Utility Lines and Line Equipment - The local distribution system of public utilities and community systems which include electricity, telephone, water, sewage disposal, and cable television. These systems are for local distribution of services and are not intended to be used for transmission or as trunk lines for utilities. Distribution systems for electrical system shall not exceed 45,000 volts; the distribution system for liquids or gases are those operating at pressure of less than 100 pounds per square inch. 22 -32 Variance - A relaxation of the literal terms of this ordinance where such variance will not be contrary to the public interest and, where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for the dimensional controls of this ordinance; establishment or expansion of a use otherwise prohibited shall not be permitted by a variance. Amended 2/7/83 Vehicle Trip - A vehicle trip occurs when one vehicle travels from a point of origin to a point of destination. Amended 10/7/91 Vested Right - The right to undertake and complete the development of a property under the terms and. conditions of an approved Site Specific Development Plan, provided, however, failure to abide by such terms and conditions shall result in a forfeiture of vested rights. The vested right is attached to and runs with the applicable property and may be exercised by successors to the original landowner. The period during which a vested right is in affect may be extended by amendments or modifications to the Site Specific Development Plan. An' application for an amendment or modification to an approved Site Specific Development Plan shall be treated as a new application. Once established, a vested right supersedes any zoning action which would affect with the type and intensity of use approved in the Site Specific Development Plan, EXCEPT: a) upon written consent of the landowner; b) upon findings, after a public hearing, that if the development were to proceed, natural or man -made hazards would pose a serious threat to the public health, safety and welfare; C) to the extent that the landowner is compensated for costs and expenses other than loss of property value; d) upon findings, after a public hearing, that the applicant or his /her representative(s) intentionally supplied inaccurate or misleading information which led to the approval of the project; or e) upon findings, after a public hearing, that a change in a State or Federal law or regulation precludes development of the project as approved. Vesting of rights does not preclude the application of overlay zoning districts which impose additional regulations, provided that the regulations are applicable to all property subject to this Ordinance, and the allowable type and intensity of use is not affected. The vested right terminates at the end of the approved vesting period for buildings and uses for which building permits have not been issued. Building permits do not expire during the approved vesting period. 22 -33 Amended 2/1/88 Volume /Capacity Analysis - The procedures used to compare the volume of a roadway or intersection approach to its capacity (maximum number of vehicles that can pass a given point during a given time period). The procedures are described in the 1965 Highway Capacity Manual, Highway Research Board Special Report 87. Ur=2 1i •17:i 1/4/94 Water- Dependent Structure - Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat douses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water - dependent structures. Amended 5120/03 Water Feature - A prominent aspect or characteristic of a geographic area that exhibits verifiable evidence of a presence of water in the soil. Examples of water features include, but are not limited to; perennial and intermittent streams, lakes, ponds, reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetlands, and natural drainage ditches (non - ephemeral). Amended 1/4/94 Watersupply Watershed (or Protected Watershed) Land that drains to existing reservoirs which are public water supplies or potential reservoir sites or stream intakes which have been designated for protection. All such lands have been classified by the Environmental Management Commission as WS-1 1, WS -III or WS -IV watersheds and require protection in accordance with the State Mandate. Amended 11/5/03 Wetlands - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Definition taken from EPA regulations at 40 CFR Section 230.3(t) and COE Regulations at 33 CFR Section 328.3(b), as of July 2 "d, 2002) Yard Space, Front - The required open space extending the full width of the lot and to a depth equal to the required setback line, measured horizontally at right angles to the rear lot line. Yard Space, Rear - The required open space extending the full width of the lot and to a depth equal to the required setback line, measured horizontally at right angles to the rear lot line. Yard Space, Side - The yard space of a lot which is established by and between the street, or the lot lines, and the required setback line and which shall be open, unoccupied and unobstructed by any structure or part thereof from the ground to the sky, except as otherwise provided by this ordinance. 22 -34 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 Existinq Zoninq Regulations The existing zoning regulations entitled, Orange County Zoning Ordinance, as amended, are hereby repealed. The adoption of this Ordinance, however, shall not affect nor prevent any pending or future prosecution of, or action to abate, an existing violation of said regulations, as amended. 24 -1 24.4 Effective Date This Ordinance shall take effect and be in force on September 2, 1981. Amendments: 11 -2 -81 5 -15 -90 11 -23 -81 8 -6 -90 1 -19 -82 8 -21 -90 7 -6 -82 9-4 -90 10 -4 -82 10 -1 -90 2 -7 -83 2 -19 -91 7 -5 -83 4 -1 -91 1 -3 -84 6 -25 -91 4 -7 -84 8 -5 -91 6 -4 -84 9 -3 -91 7 -2 -84 10 -7 -91 10 -1 -84 10 -22 -91 11 -20 -84 1 -6 -92 2 -19 -85 8 -3 -92 4 -1 -85 8-4 -93 7 -1 -85 9 -7 -93 11 -19 -85 1 71 -94 1 -6 -86 1-4 -94 3 -5 -86 3 -1 -94 3 -18 -86 4-4 -94 8-4 -86 8 -8 -94 11 -3 -86 10 -5 -94 1 -5 -87 11 -1 -94 3 -24 -87 1 -17 -95 . 7 -7 -87 8 -3 -95 10 -5 -87 10 -2 -95 2 -1 -88 4 -1 -96 4-4 -88 6 -3 -96 7 -5 -88 7 -1 -96 10 -3 -88 9 -3 -96 10 -18 -88 10 -1 -96 1 -3 -89 12 -17 -96 5 -16 -89 4 -1 -97 8 -1 -89 5 -21 -97 10 -2 -89 6 -2 -97 10 -17 -89 8 -4 -97 11 -6 -89 10 -21 -97 11 -21 -89 1 -20 -98 1 -8 -90 4 -21 -98 2 -5 -90 10 -13 -99 4 -2 -90 10 -19 -99 24 -2 3 -14 -00 9 -5 -00 8 -21 -01 9 -18 -01 11 -19 -01 12 -10 -02 5 -20 -03 6 -26 -03 9 -16 -03 11 -5 -03 VOTE: UNANIMOUS b. Growth M; <:±) G,� 1b- ;Fd©3-'l-'/ 1 C- -s' yz The Board considered closing the Public Hearing and making a decision on the proposed Growth Management Amendments to the County's Zoning and Subdivision Ordinances, a proposal which would require major subdivisions of property to follow either the current process, a Planned Development process, or a Class A Special Use Permit process depending upon location, (which is a product of transition areas and water and sewer availability) and number of lots. The Planning Board, by majority vote (8 -1, See Draft Minutes, Attachment 8) on September 3, 2003, recommended that the Board of County Commissioners (BOCC) approve the proposed Growth Management System amendments with the following specifications: a. The use of the attached map (Option 1 presented at the August 25th Joint Public Hearing) for designating Urban and Rural areas; and b. In the Rural Designation area, a Planned Development' zoning amendment requirement for all subdivisions containing 20 or more lots (versus - greater than 40 lots as proposed by Administration). The Administration recommends that the Board of County Commissioners approve the proposed Growth Management System amendments with the following specifications: a. The use of the attached Growth Management System Map (Option 1 presented at the August 25th Joint Public Hearing) for designating "Urban and Rural Designated areas; and b. In the Rural Designation area, a'Planned Development zoning amendment requirement for all subdivisions containing greater than 40 lots. Planning Director Craig Benedict gave a PowerPoint presentation. He gave the background of this item. He showed a map that differentiated two sections of the County — rural' and urban. The proposal is that there would be a different set of subdivision rules for each of the two sections. The proposed regulations would apply to subdivisions that have not yet been submitted for County Commissioner review. The regulations would also not apply to exempt subdivisions that are not regulated by the County Planning Department'. He explained the recommendations as stated above. He said that the reason Administration at this time did not recommend a 20 -lot versus the 40-lot standard is that the public hearing in August was advertised at the 40 -lot threshold. 1f the Board wants to do something different, the Administration recommends that the Board adopt the new standards tonight and the staff can bring back a different standard through a new public hearing process. Commissioner Jacobs said that there is a provision of a density bonus if you cluster a development. Craig Benedict said that if you provide more than the minimum amount of open space by clustering, more than 33 %, then there is a density bonus. Commissioner Jacobs said that an affordable housing component is not addressed. He asked K there was some way to have a review to promote the thinking about affordable housing. Craig Benedict said that he would work with the Manager about how affordable housing can enter the framework of review. Commissioner Jacobs asked that this be forwarded to the Hillsborough Town Board with an explanation that this is the standard that Orange County intends to hold. He would like to encourage Hillsborough to at least examine these criteria. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to close the public hearing. VOTE UANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept the Administration recommendation to approve the proposed Growth Management System amendments with the following specifications: a. The use of the attached Growth Management System Map (Option I presented at the August 256' Joint Public Hearing) for designating "Urban and Rural Designated" areas; and b. In the Rural Designation area, a Planned Development zoning amendment requirement for all subdivisions containing greater than 40 lots. VOTE: UNANIMOUS C. The Board considered authorization to submit the Quarterly Public Hearing Legal Advertisement for publication for the November 24, 2003 quarterly public hearing. Craig Benedict reviewed the items for the advertisement as outlined in the agenda abstract. Commissioner Gordon asked about the State Employees' Credit Union and whether they are going to preserve the trees located there. She also asked about the text amendments and what things are going to go in the Class A, designation. Craig Benedict said that the standards for schools were discussed briefly at the August 2e public hearing and the Planning Department is making some final revisions on those special use standards that are uniaue to schools. These standards are expected to come back on the next agenda (November le or in early December. He said that these standards would apply to other zoning districts besides just the EDD district for which they have a Class A designation now. As discussed at the public hearing, these standards look good and that wherever schools are built, we should use these standards. Commissioner Gordon asked if these needed to go back to 'a public hearing. Craig Benedict said that the standards have been discussed and he believes they can be a part of the County's adoption process without having to go back to a public hearing. He said that the only thing that they will have to take back to a public hearing is if we want to apply those upcoming standards to other districts, and that is what this public hearing will be about. Commissioner Gordon asked about smart growth standards. Craig Benedict said that smart growth standards would not be a part of their special use standards, but that they would be a part of a policy document that has to do with school capital funding. He said that they have the policy and they think some of the smart growth passages are more of a capital funding issue rather than a regulatory special use standard. He said that growth management could be incorporated in the policy, such as ideas about providing environmental lands within the property. Craig Benedict said that the would check with the county attorney regarding the need to go back to public hearing again, but feels that it will not be necessary. Commissioner Jacobs said that he would be comfortable with the Planning Department and the County Attorney getting together and deciding whether there needs to be further recommendations that would need another public hearing item at our February quarterly public hearing. Commissioner Jacobs asked about the credit union and if the EDD standards (such as the no drive-thrus) that were worked on with the Town of Hillsborough would apply in the area of expansion for the State Employees Credit Union. Craig Benedict said yes and that the Credit Union wants to shift some of their existing facilities, enlarge the existing buildings, create a remote drive-thru teller station, and add a fifth lane (approximately 50% of the amount of drive-thru over what currently exists). Commissioner Jacobs commented about the changes in the telecommunications towers ordinance which he has heard has been helpful to the Board of Adjustment in that they have been able to do come closer detail work and to have a better understanding of what the possibilities are. Craig Benedict stated that a report about what has occurred and a generic briefing on what the Class A process will be for towers would be available sometime in 2004.