HomeMy WebLinkAboutORD-2003-141 Growth Management System - Amendments to Zoning and Subdivision Ordinances (2),~ls
Ordinance as Approved by BOCC
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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 II 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 21-401ots.
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 21-791ots.
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 defmitions.
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. (Defmition 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 nray-be 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 ~ ,
1}eweve~ 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 "Maior 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 21-401ots.
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 21-791ots.
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 maybe 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 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 21-791ots.
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 21-401ots.
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 21-791ots.
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 Major 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
maybe 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.
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.
Ordinance as Approved by BOCC
f) PEDESTRIANBICYCLE 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.
8.8.29.1B 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.
r
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
~ 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 401ots outside of
transition areas, and 801ots 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 maybe
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
Ibs per acre per year.
Ordinance as Approved by BOCC
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;
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 maybe
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
'-t.,r ,the foregoing ordinance was adopted this the ,5 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.
WITNESS my hand and the seal of said County, this o~0 day of ~p.~P~.G~~2003.
`~2 ~.ns
•r~, ~t~~/G~'
Clerk to the Board of Commissioners
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
~°yntP °r ®'
Administration gyp` + ~ '~ 306E Revere Road
(919) 245-2575 ~_ 5z P O Box 8181
(919)644-3002 (FAx) ~.~ Hillsborough,
www.co.orange.nc.us '~°<<h ~.t°~~°p North Carolina, 27278
MEMORANDUM
TO: Donna Baker, Clerk to the BOCC
FROM: Debra Graham, Administrative Assistant
DATE: February 13, 2004
SUB]ECT: Ordinance Amendments
Enclosed are amendments to the Orange County Zoning Ordinance and Subdivision
Regulations approved by the Board of County Commissioners on November 5, 2003.
If you have questions, please contact me. Thanks.
o~.~ttv~~ coutvrY
zoNIIUC c~2t~IN~4NC~
prepared by the
ORANGE COUNTYPLANNING DEPARTMENT
ADOPTED BY THE BOARD OF COMMISSIONERS
SEPTEMBER 2, 1981
AMENDED:
NOVEMBER 2, 1981 JANUARY 3, 1989 OCTOBER 5, 1994
NOVEMBER 23, 1981 - MAY 16, 1989 NOVEMBER 1, 1994
JANUARY 19, 1982 AUGUST 1, 1989 JANUARY 17, 1995
JULY 6, 1982 OCTOBER 2, 1989 AUGUST 3, 1995
OCTOBER 4, 1982 OCTOBER 17, 1989 OCTOBER 2, 1995
FEBRUARY 7, 1983 NOVEMBER 6, 1989 APRIL 1, 1996
JULY 5, 1983 NOVEMBER 21, 1989 JUNE 3, 1996
JANUARY 3, 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 19, 1991 OCTOBER 21, 1997
NOVEMBER 19,.1985 APRIL 1, 1991 JANUARY 20, 1998
JANUARY 6, 1986 JUNE 25, 1991 APRIL 21, 1998
MARCH 5, 1986. AUGUST 5, 1991 OCTOBER 13, 1999
MARCH 18, 1986 SEPTEMBER 3, 1991 OCTOBER 19, 1999
AUGUST 4, 1986 OCTOBER 7, 1991 MARCH 14, 2000
NOVEMBER 3, 1986 OCTOBER 22, 1991 SEPTEMBER 5, 2000
JANUARY 5, 1987 JANUARY 6, 1992 AUGUST 21, 2001
MARCH 24, 1987 AUGUST 3, 1992 SEPTEMBER 18, 2001
JULY 7, 1987 AUGUST 4, 1993 NOVEMBER 19, 2001
OCTOBER 5, 19$7 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
I GENERAL PROVISIONS _-~ 1-1 - 1-2
II BOARD OF COUNTY COMMISSIONERS &
ITS ADMINISTRATIVE MECHANISMS 2-1 - 2-16
III ESTABLISHMENT OF ZONING
DISTRICTS AND ATLAS 3-1 - 3-3
I~/ ESTABLISHMENT OF PERMITTED
USE TABLE AND SCHEDULE 4-1 - 4-20
~/ ESTABLISHMENT OF DIMENSIONAL
REQUIREMENTS 5-1 - 5-3
VI APPLICATION OF DIMENSIONAL
REQUIREMENTS 6-1 - 6-65
VII PLANNED DEVELOPMENT DISTRICTS 7=1 - 7-4-8
VIII SPECIAL USES 8-1 - 8-42.
IX SIGNS 9-1 - 9-8
X OFF-STREET PARKING AND LOADING 10-1 - 10-13
XI NON-CONFORMITIES 11-1 - 11-7
XII LANDSCAPING AND BUFFER
REQUIREMENTS 12.1 - 12-20
XIII TRAFFIC IMPACT STUDY 13-1 - 13-6
XIV SITE PLAN APPROVAL PROCEDURES 14-1 - 14-6
XV-XIX RESERVED
~ AMENDMENTS 20-1 - 20-6
XXI ADMINISTRATION 21-1 - 21-5
XXII DEFINITIONS 22-1 - 22-34
XXIII ENFORCEMENT ~ 23-1 - 23-8
XXIV LEGAL STATUS PROVISIONS .
24-1 - 24-2
AND EFFECTIVE DATE
DETAILED TABLE OF CONTENTS
ARTICLE
SECTION TITLE PAGE
1 GENERAL PROVISIONS 1-1
1.1 Long Title and Authority 1-1
1.2 Short Title 1-1
1.3 Intent 1-1
1.4 Applicability 1-2
1.5 Farm Exemption 1-2
1.6 Applications to be Processed Expeditiously 1-2
II THE BOARD OF COUNTY COMMISSIONERS
. AND ITS ADMINISTRATIVE MECHANISMS 2-1
2.1 The Board of County Commissioners 2-1
2.1.1 Board of County Commissioners Responsibitities 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 Genera( 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 Appea) 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
Division into Zoning Districts 3-1
3.2
Zoning District Boundaries Shown on Official Zoning Atlas 3-1
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 q.-2
4.2.1 Rural Buffer (RB) District 4.2
4.2.2 Agricultural Residential (AR) District 4_2
4.2.3 Rural Residential (R-1) District 4-2-a
4.2.4 Low and Medium Intensity Residential (R-2, R-3, R-4) Districts 4-2-a
4.2.5. High Intensity Residential (R-5, R-8, R-13) Districts 4-3
4.2.6 Reserved ~ 4-3
4.2.7 Reserved 4-3
4.2.8 Local Commercial-1 (LC-1) District 4-3-a
4.2.9 Neighborhood Commercial-II (NC-2) District 4-3-a
4.2.10 Community Commercial-III (CC-3) District 4-5-a
4.2.11 ~ General Commercial-IV (GC-4) District 4-6
4.2.12. Existing Commercial-V (EC-5) District 4-6
4.2.13 Reserved 4-6-b
4.2.14 Reserved 4-6-b
4.2.15 Reserved 4-6-b
4.2.16 Office/Institutional (O/I) District 4-6-b
4.2.17 Reserved ~ 4-6-b
4.2.18 Reserved 4-6-b
4.2.19 Economic Development (ED) District 4-7
4.2.20 Existing. Industrial (EI} District 4-7
4.2.21 Light Industrial-I (L-1) District 4-8-
4.2.22 Medium Industrial-II (I-2) District 4-8
4.2.23 Heavy Industrial-III (I-3) District 4-9
4.2.24 Agricultural Services (AS) District ~ 4-9
4.2.25 Public Interest (PID) District 4-10
4.2.26 Reserved 4-10
4.2.27 Watershed Protection Overlay Districts 4-10
4.2.31 ,Major Transportation Corridor (MTC) District 4-10-d
4.3 Permitted Use Table 4-11
V ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS 5-1
5.1 Establishment of Dimensional Requirements 5-1
5.1.1 Town of Chapel Hill Land Development Standards 5-1
5.1.2 Town of Carrboro Land Development Standards 5-1
5.1.1 Schedule for Residential Development: Single and Two Family,
Multi-Family, Residential Hotels, Rooming Houses, Etc. 5-2
5.1.2 Schedule for Non-Residential Development: Lot by Lot,
Planned Development 5-3
VI APPLICATION OF DIMENSIONAL REQUIREMENTS 6-1
6.1 Regulations Encumbering Land Required to Satisfy Regulations 6-1
6.2 Modification of Dimensional Requirements 6-1
6.3 Regulation of Principal Uses and Structures 6-1
6.4 Corner Lot Setback on the Side Street 6-2
6.5 Additional Setbacks Required in Non-Residential Lots
Abutting Residential Districts 6-3
6.6 Permitted Projections into Required Open Space 6-3
6.7 Accessory Structures in Residential Districts 6-3
6.8 Visibility at Intersections 6-3
6.9 Reserved 6-4
6.1 Q 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 LUl 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 Residentia( 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~Tovvers 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-I
6.18.5 Master Telecommunications Plan ("Plan") ~ 6-25-n
6.19. Federal Wetlands Permits 6-25-0
6.20 Large Ground Absorption Systems (3,000 gals. per day) and
Package,Sewage Treatment Plats Prohibited in AR Districts
and Rural Buffer Districts 6-25-0
6.21 Mobile Home Standards 6-25-0
6.21.1 Existing or New Mobile Home Parks 6-25-0
6.21.2 Mobile Homes in Individual Lots g_25_p
6.21.3 Exceptions 6-25-q
6.22 Bonus Intensities-for Lower Income Housing 6-25-q
6.22.1 "Intent 6-25-q
6.22.2 Applicability 6-25-q
6.23 ~ Extra Requirements for Watershed Protection Overlay Districts 6-26
6.23.1 Land Use Restrictions 6-26
6.23.2 Residential. Density 6-27
6.23.3 Stormwater infiltration and Detention 6-28
6.23.4 Operation and Maintenance of Structural BMPs .(Detention Ponds) 6-35
6.23.5 Placement of Streets, Driveways and Buildings 6-39
6.23.6 Undisturbed Area 6-39
6.23.7 Stream Buffers 6-40
6.23.8 Water Supply/Sewage Disposal Facilities 6-43
6.23.9 Clustering 6-44
6.23.10 Applicability 6-44
6.23.11 Administration 6-46
6.24 Additional Requirements for Lots Outside of Watershed Protection
Areas 6-46
6.25 Reserved 6-47
6.26 Extra Requirements for the Major Transportation Corridor
(MTC) District 6-47
6.26.1 Permitted Uses 6-47
6.26.3 Approval Requirements 6-47
6.26.4 Site Plan Requirements 6-47
6.26.5 Landscaping and Buffers 6-48
6.26.6 Yard Requirements 6-49
6.26.7 Off-Street Parking 6-49
6.26.8 Sign Regulations 6-49
6.27 Large Day Care Homes 6-49
6.27.1 Site Plan Requirements - 6-49
6.27.2 Standards for Evaluation 6-50
6.27.3 Large Day Care Home -Application Procedure 6-50
6.28 Affordable Housing 6-51
6.28.1 Density Increase Permitted ~ 6-51
6.28.2 Applicability 6-52
6.28.3 Contract for sale of Single-Family Residences 6-52
6.28.4 Contract for Rental of Duplex or Multi-Family Units 6-53
6.28.5 Disclosure of Contract Terms to Potential Home-Buyers 6-54
6.28.6 Conveyance of Property to Orange County 6-54
6.29 Development Standards for Economic Deveiopment (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 FieldlOutdoor 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 Properly Owner Must Apply for Planned Development District 7-2
7.2.3 Allowed Uses Must Be Shown On The Plan 7-2
7.2.4 Imposed Conditions ~ ~ 7-2
7.2.5 Special Use Required- for Each Planned Development 7-2
7.2.6 Standards for Evaluation 7-2-a
7.2.7 Changes in Conditions or Use for Planned Development Permit 7-2-a
7.2.8 Time Limit on Start of Construction of Planned Development 7-2-a
7:3 Relation of PD Regulations to General Zoning, Subdivision
or other Regulations; Modifications on Equal Satisfaction of
Public Purposes 7-2-a
7.4 PD Districts-Where and How Permitted ~ 7-3
7.4.1 Relation to Major Transportation Facilities 7-3
7.4:2 Relation to Public Utilities, Facilities and Services 7-3
7:4.3 Physical Character of the Site; Relation to Surrounding Property 7-4
7.4.4 Reduction or Increase in Minimum Grass 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 Re{ated 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 1Jses 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
7.15.1.0 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-PW1 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 7-4.3
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 Off+cer 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 $-5
8.4.6 Planning Board Action on Class A Special Use 8-5
8.4.7 Action on the Application 8-6
8.4.8 Imposed Conditions 8-6
8.4.9 Withdrawal of Application 8-6
8.4.10 Effect of Denial on Subsequent Petitions 8-6
8.4.11 Time Limits on Special Uses 8-7
8.5 Action Subsequent to the Board Action 8-7
8.6 Contents of Application for Approval of a Special Use 8-7
8.7 Minor Changes to be Approved by Zoning Officer;
Modifications Require Action by Approving. Board 8-8
8.7.1 Criteria to be Used in Determination 8-8
8.7.2 Review of Record Required 8-8-a
8.7.3 Action Required on Proposed Minor Changes or Modifications 8-8-a
8.8 Regulations Governing Individual Special Uses 8-9
8.8.1 Extraction of Earth Products (Class A Special Use) 8-9
8.8.1.1 Additionallnformation 8-9
8.8.1.2 Standards of Evaluation 8-9-b
8.8.2 Landfills (Class A or Class B Special Use) 8-10-b
8.8.2.1 Additionallnformation 8-10-b
8.8.2.2 Standards of Evaluation 8-11
8.8.3 Public Utility Stations and Substations, Water Treatment, Sewage
Treatment Plant, Switching Stations, Telephone Exchanges
(Class A Special Use) 8-12
8.8.3.1 Additional Information 8-~ 2
8.8.3.2 Standards of Evaluation ~ 8-13
8.8.4 Group Care Facility (Class B Special Use) 8-13
8.8.4.1 Additionallnformation 8-13
8.8.4.2 Standards of Evaluation 8-13
8.8.5 Camp/Retreat Center (Class B Special Use) 8-14
8.8.6 Golf Driving and Practice Ranges (Class B Special Use) 8-15
8.8.6.1 Additionallnformation 8-15
8.8.6.2 Standards of Evaluation 8-15
8.8.7 Reserved 8-16
8.8.8 General Aviation Airports, STOL and Heliports
(Class A Special Use) 8-16
8.8.8.1 Additionallnformation 8-16
8.8.8.2 Standards of Evaluation 8-16
8.8.9 Reserved 8-17
8.8.10 Junkyards (Class A Special Use) 8-17
8.8.10.1 Additionallnformation - 8-17
8.8.10.2 Standards of Evaluation 8-17
8.8.11 Kennels or Riding Stables/Academies
(Class B Class II Special Use) 8-17
8.8.11.1 Additionallnformation 8-17
8.8.11.2 Standards of Evaluation 8-18
8.8.11.3 Other Requirements 8-18
8.8.12 Temporary Use of a Residential Mobile Home
(Class B -Special Use) 8-18-a
8.8.12.1 Additionallnformation 8-18-a
8.8.12.2 Standards of Evaluation 8-18-a
8.8.13 Community Center (Class B Special Use) 8-18-b
8.8.13.1 Additionallnformation 8-18-b
8.8.13.2 Standards of Evaluation 8-18-b
8.8.14 Reserved 8-18-b
8.8.15 Commercial Cemeteries (Class B Special Use) 8-18-b
8.8.15.1 Additionallnformation 8-18-c
8.8.15.2 Standards of Evaluation 8-18-c
8.8.16 Day Care Facility 8-18-p.
8.8.16.1 Additionallnformation 8-18-p
8.8.16.2 Standards of Evaluation 8-18-p
8.8.17 Radio and Television Transmitting and Receiving Towers,
and Elevated Water Storage Tanks (Class B Special Use) 8-19
8.8.17.1 Additionallnformation 8-19
8.8.17.2 Standards of Evaluation 8-20
8.8.18 Buildings for Temporary Use (Class B Special Use) 8-24-b
8.8.18.1 Additional (nformation 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 Additionallnformation 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 Additionallnformation $-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 Additionallnformation 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 Additionallnformation 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 Additionallnformation 8-26
8.8.24.2 Standards of Evaluation 8-27
8.8.25 Non-Profit Educational Cooperative 8-28
8.8.25.1 Additionallnformation 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 Additionallnformation 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 Additionallnformation 8-31
8.8.27.2 Standards of Evaluation 8-31
8.8.28 Rural Guest Establishments 8-32
Bed & Breakfast (Zoning Permit) 8-32
Bed & Breakfast Inn (Class B Special Use Permit) 8-32
Country Inn (Class A Special Use Permit) 8-32
8.8.28.1 Intent 8-32
8.8.28.2 Additionallnformation 8-32
8.8.28.3 Standards of Evaluation 8-34
8.8.28.4 Other Requirements 8-36
8.8.29 Major Subdivision Class A Specia! 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 far 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-StreetParking and Loading Required 10-1
10.2 Reserved 10-1
10.3 .Off-Street Parking Design Standards 10-1
10.4 Off-Street Parking Requirements 10-3
10.5 Determination for Unlisted Uses and Fractional Results 10-11
10.6 Joint Parking Facilities 10-11
10.7 Satellite Parking 10-11
10.8 Handicapped Parking Facilities 1 Q-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 Specia! 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 Dwelli ngs 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
Xtfl 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 d Consideration of Applications
Procedure for Submission an
_
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
XXt ADMINISTRATION 21-1
21.1 Establishment of Position of Zoning Officer 21-1,
21.2 Duties of the Zoning Officer 21-1
21.3 Powers and Limitations of Zoning Officer 21-1
21.4 Zoning Compliance .Permit Required 21-2
21.5 Certificates of Occupancy 21-2
21.6 Health Department Approval Prior to Issuance of
Certificate of Occupancy 21-2
21.7 Fees 21-3
21.8 Administrative Regulations 21-3
21.9 Reserved 21-3
21.10 Reserved ~~. 21-3
21.11 Reserved 21-3
21.12 Administration and Enforcement of Performance Standards 21-3
21.12.1 Intent Concerning Determinations Involved in Administration
and Enforcement of Performance Standards 21-3
21..12.2 Procedure where Zoning Officer can Make Determination 21-4
'21.12.3 Procedure Where Zoning Officer Cannot Make Final Determination 21-4
XXII DEFINITIONS 22-'I
XXI11 ENFORCEMENT 23-1
23.1 Purpose and Intent 23-1
23.1.1 Violations; Violators 23-1
23.1.2 Violation 23-1
23.1.3 Violators 23-1
23.1.4 Responsibility ~ 23-2
23.2 Enforcement Procedures 23-2
23.2.1 Inspections and Investigations 23-2-
23.2.2 Initial Notice of Violation 23-2
23.2.3 Final Notice of Violation; Correction Order 23-2
23.2.4 Appeal to Board of Adjustment 23-3
23.2.5 Failure to Comply with Notice or Board of Adjustment Decision 23-3
23.2.6 Extension of Time Limit to Correct Violation ~ 23-3
23.2.7 Enforcement Action After Time Limit to Correct Violation 23-4
23.2.8 Emergency Enforcement Without Notice 23-4
23.3 Remedies; Penalties; Enforcement Action 23-4
23.3.1 General 23-4
23.4 Civil Penalty 23-6
23.4.1 General 23-6
23.4.2 Notice 23-6
23.4.3 Amount ~ 23-6
23.4.4 Settlement of Claims .23-6
23.4.5 Continuing Violations 23-7
XXIV LEGAL STATUS PROVISIONS AND EFFECTIVE DATE 24-1
24.1 Severability 24-1
24.2 Conflict with Other Laws 24-1
24.3 Repeal of Existing Zoning Regulations 24-1
24.4 Effective Date 24-2
ARTICLE 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
1119/82 1. Above ground and buried utility fines 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 Ruraf
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 w-thin 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
10/4/82 9. Telephone exchanges (without business offices), subscriber loop huts, pressure
' regulator stations, water and sanitary sewer pumping stations.
(See Article 6.16.12).
"Amended
1/3/89 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
5/1s/ss 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
11/1/94 12. Borrow pits (including reclamation by landfifling) 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
10118/8$ 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
4/4/88 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
1/5/87 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
115/87 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
175/87 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 lntensitY Residential (R-5, R-13, 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 housirSg
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 Pian 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 Gomprehensive Plan.
2. Water and sewer fines should exist at site or be assured of installation as
part of the development process.
*Amended
414/88 *3. Vehicular access must consist of direct access to a street certified either
arterial or collector as designated by the adopted Comprehensive Plan.
*Amended
10/4!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-I (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
4/4/ss *1. Site is (ocated 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
sun-ounding 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 properly zoned Existing
Commercial-V (EC-5) or planned developments.
*Amended
414/88 *5. All sites designated LC-1 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-ll (NC-2) District
a) Intent
The purpose of the Neighborhood Commercial-II (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 wiH 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
.4122/86 *4. Normally, the maximum amount of land zoned NC-2 at any node shall nat
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 sha(I 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
(s) a-5-s1 4.3 PERMITTED USE TABLE
(7j 3-1-94 ,
(8) 11-19-01 "=PERMITTED USE
(9) 11-5-03 • A = CLASS A SPECIAL USE (ARTICLE 8)
B = CLASS B SPECIAL USE (ARTICLE 8)
H1 Day Care Facility, other than Large Day
Care Home (1) (5) (6)
H1a Day Care Home, Large (5)
i H2 Dwelling; Single-Family, wlwo efficiency
a artment
H3 Dwelling; Two-Family
H4 Dwelling; Multiple Family
H5 Dwelling; Mobile Home
H6 Family Care Home
H7 Grou Care Facllit
~ H6 Rahabilative Care Facility
II
+~ No 1-lnfnlc R ~Anlnlc
H10 Residential Hotel (Fraternities, Sororities,
and Dormitories)
H11 Rooming House
H12 Temporary Mobile Home (Custodial Care)
H12a Temporary Mobile Home (Use during
construction/installation of permanent
residential unit and for 30 days following
H13 Tourist Home
H14 Rural Guest Establishments
H14a Bed & Breakfast (8)
H14b Bed & Breakfast Inn (8)
H14c Country Inn (8)
Accessory Uses
RB AR R1 R2 R3 R4 R5 RB R13 LC1 NC2 CC3 GC4 EC5 01 EI 11 12 13 AS ED PID
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(4) (71
(9) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined fn Article 22) must be approved as follows:
"Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined In Article 22. "Major Subdivision of 21-79 Lots, Class A Special Use, Urban Designated" as defined in Article 22.
"Major Subdivision of 41+ Lots, Planned Development Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in ANcle 22.
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
8aunderies of the Lot
~P
:a
N
Manufacturing & Processing
M3 Operations W here No Adverse
Impacts Occur Beyond the Zoning
District Boundaries
4.3 PERMITTED USE TABLE
" =PERMITTED USE
A = CLASS A SPECIAL USE (ARTICLE 5)
B = CLASS B SPECIAL USE (ARTICLE 8)
RB AR R1 R2 R3 • R4 R5 RB R73 LC1 NC2 CC3 GC4 EC5 OI . EI 11 12 13 AS ED PID
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(1j
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(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+ Lols, 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.
Amendments: (1) 4-1-85
(2) 1-5-97
(3) 3-1-94
(4) 10-21-97
(5) 11-5-03
P1 Airports, General Aviation, Heliports,
S.T.O.L.
P2 Botanical Gardens & Arboretums
P3 Buildings, Portable
P4 Bus Passenger Shelter
P5 Bus Terminals & Garages
P6 Cemetery
P7 Church
P8 Community Center
P9 Extraction of Earth Products (1)
.'..a
W P10 Governmental Protective Services
(Police & Fire Stations) Rescue
S uads Volunteer Fire De artments
P11 Land Fills (2 Acres or More)
P 12 Land Fills (Less Than 2 Acres)
P13 Military Installations (National Guard &
Reserve Armo
P14 Parks, Public /S, Non-Profit
P15 Parking As Principle Use, Surface or
Structure
P16 Public Uliiity Stations &Sub-Stations,
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 e)
RB AR R1 R2 R3 R4 R5 Re R13 LC1 NC2 CC3 GC4 EC6 OI EI 11 12 13 AS ED PfD
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(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 Deslgnated" as defined in Article 22.
"Major Subdivision of 21-7g Lots, Class A Special Use, Urban Deslgnated" as defined in Article 22.
"Major Subdivision of 80+ Lots, Planned Development Special Use, Urban Designated" as defined in Article 22,
t3)
4.3 PERMITTED USE TABLE
" =PERMITTED USE
A = CLASS A SPECIAL USE (ARTICLE 8)
B = CLASS B SPECIAL U5E (ARTICLE 8)
P17 ~ ElevatedWaterSlorageTanks
P17A Telecommunication Towers (150 feet
in height or shorter)
P17C Telecommunication Towers (greater
than 150 in height
P17D TelecommunicationTower-Stealth
(75 feet or shorter)
P18 Research Lands & Installations, Non-
profit
P18 Schools: Elementary, Middle &
Secondary
P20 Schools: VocaBonal
~ ~ P21 I Schools: Dance, Art & Music
'p ~ P21A Non-Profit Educational Cooperative
(1)
P22 Transmission Lines
P23 Universities, Colleges 8 Institutes
P24 I Governmental Facilities 8 Office
Buildings
P25 ~ Water & Sanitary Sewer Pumping
P28 ~ 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
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A A A A A ,A A A A A A A A A A A A A A A T A
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(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.
Amendments: (1) 1-5-87
(2) 3-1-94
(3) 10-21-9T
(4)1-zo-9a
(5) 11-5-03
S1 Garden Center (On Premises Sales)
S2 Agricult0~al Services Uses
S3 Animal Hospitals; Veterinarians
S4 Assembly Facility Less Than 300
S5 Assembly Facility Greater Than 300
S6 Banks & Financial Institutions
S7 Beauty 8 Barber Shops
SB Clubs or Lodges; Social; Fraternal or
Union Clubhouses
{a
1 S9 Drive In Theatres
U7
S 10
Farm Equipment & Sales
S11 Feed, Seed, Storage & Processing
S12 Funeral Homes
S13 Greenhouses (No On Premises Sales)
S14 Greenhouses (On Premises Sales)
S15 Heallh Services: Under 10,000 Sq. Ft.
S16 Health Services: Over 10,000 Sq. Ft.
517 Hospitals
4.3 PERMITTED USE TABLE
`=PERMITTED USE
A n CLASS A SPECIAL USE (ARTICLE e)
B ^ CLASS B SPECIAL USE (ARTICLE 6)
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l1)
(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 deFlned in Article 22.
"MaJor Subdivision of 21-79 Lots, Class A Special Use, Urban Designated" as defined in Article 22.
"MaJor Subdivision of 60+ Lols, Planned Development Special Use, Urban Designated" as defined in Article 22.
Amendments: (1) 3-18-88
(2) 1-5-87
(3) 5-18-89
(4) 10-22-81
(5) 3-1-94
(e) ] 1-05-03
S18 ~ Commercial Feeder Operation
S19 ~ Junkyards
S19a Class I Kennels (3)
S20 Class I! Kennels/Ridsng Stables (3)
S20a Massage, Business of (1)
S21 Laundry & Dry Cleaning Services
S22 I Libraries
S23 ~ Motor Freight Terminals
';~ S24 nnoror vemcie mamrenance t~ rcepair
..,, (Body Shop)
524a Motor Vehicle Repair Garage
S25 Motor Vehice Sales Rental
(New & Used) (4)
S28 I Motor Vehtcle Services Stations
S27 Nightclubs, Bars, Pubs
Offices & Personal Services, That
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
4.3 PERMITTED USE TABLE
"=PERMITTED USE
A = CLASS A SPECIAL USE (ARTICLE 8)
B = CLASS B SPECIAL USE (ARTICLE e)
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(8) 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 Lols, 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.
Amendments; (1) 1-5-87
(2) 3-1-94
(3) 5-21-97
(4) 11-05-03
Offices & Personal Services That
Generate Medium Traffic Volumes &
S29 Have No Adverse Impacts Beyond
The Lot Boundaries
Offices ~ Personal Services That
Generate High Traffic Volumes &
Sao Have No Adverse Impacts Beyond the
Zoning District Boundary
Petroleum Products: Storage &
S31 Distribution
S32 Postal 8 Parcel Delivery Services
S33 Printing & Lithography
S34 Recreational Facilities (Non-Profit)
.A S35 Recreatlonal Facilities Golf Course
S38 Recreatlonal Facilities (Profit)
S37 Repair Service Electronic & Appliance
S38 ~ Research Facility
S39 j Restaurants: Carry Out
S40 j Restaurants: Drive In
S41 ~ Restaurants: General
4.3 PERMITTED USE TABLE
"~ PERMITTED USE
A = CLASS A SPECIAL USE (ARTICLE 8)
B ~ CLASS B SPECIAL USE (ARTICLE 8)
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(4) Within ail 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 Speclal 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 B0+ Lots, Planned Development Special Use, Urban Designated" as defined In Article 22.
Amendments: (1) 1-5-87
(2) 5-16-89
(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 ey The
Building Where: (2)
S42 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 TripslDay)
C) All Operations are Conducted
Entirely Within a Fully Enclosed
Building with no Outside Storage
~ Retail Trade, Sales, & Rental of
s Durable and Convenience Goods,
pp Merchandise 8 Equipment, Including
Mail Order Houses, Where No
543 Adverse Impacts Occur Beyond the
Boundaries of Lot Where the Use is
Located. (2)
A) Medium Tragic Generation
(200-800 Trips/Day)
Retail Trade, Sales, & Rental of
Durable and Convenience Goods,
Merchandise 8 Equipment, Including
S44 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 = CLASS A SPECIAL USE (ARTICLE 8)
B . CLASS B SPECIAL USE (ARTICLE 8)
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(4) Within all zoning districts certain subdivisions of land in "Urban Designaied" and "Rural Designated" areas (as defined In Article 22) must be approved as follows:
"MaJor Subdivision of 21-40 Lots, Class A Special Use, Rurai.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 Us.e, Urban Designated" as defined in Article 22.
Amendments: 4-1-85 4-1-91
3-18-88 3-1-94
1-5-87 9-3-98
10-5-87 12-17-86
5-18-89 10-21-97
10-1-90 11-05-03
S45 Deleted (5)
548 Deleted (5)
S47 Deleted (5)
S48 Sawmills
S49 Stockyards
S50 Storage of Goods, Outdoor
Storage of Warehousing: Inside
S51 Building
S51a Studio (Art) (6)
~ Waste Management Facility;
_, S52 Hazardous & Toxic
rp
S53 Wholesale Sales
Historic Sites Non-ResidentiaUMixed
S54 Use (1)
Assembly and Packaging Operations
including Mail Order Houses, But
S55 Excluding On-Premises Retail Outlets
(2)
S56 Crematoria (4)
S57 Golf Driving and Practice Ranges (7)
S58 Special Events (Less than i50)
4.3 PERMITTED USE TABLE
".=PERMITTED USE
A = CLASS A SPECIAL USE (ARTICLE e)
B . CLASS B SPECIAL USE (ARTICLE 8)
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(9) Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must lie approved as follows:
"Major Subdivision of 21-40 Lots, Class A Special Use, Rural Designated" as defined in Arttcle 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+ Lols, Planned Development Special Use, Urban Designated" as defined in Article 22.
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 .8.29.3 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
Amended
11 /5/03
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.
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)-
- Atract 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-B-10 of the Orange County Subdivision
Regulations, to encourage the distribution and intensity of development areas
and open space as specified in the Plan.
6.30.2 Zoning Ordinance and Subdivision Regulations Generally Applicable
Within the Stoney Creek Basin Overlay District, provisions of the Orange
County Zoning Ordinance and Subdivision Regulations for the underlying
zoning districts are applicable, except for certain provisions as specified in
Article 6.30.4.
6.30.3 Land Use Intensities
Three levels of land use intensity are contained in the Stoney Creek Basin
Small Area Plan. These areas are designated in the Plan as lower,
intermediate, and higher intensity areas, which are identified, respectively, as
Lower Intensity, Intermediate Intensity, and Higher Intensity Development
Areas within the Stoney Creek Basin Overlay Zoning District.
6.30.3a Lower Intensity Development Area
The Lower Intensity Development Area includes land designated as lower
intensity area in the Stoney Creek Basin Small Area Plan. The Lower
Intensity area best typifies the area's remaining rural character and is
proposed to have the lowest average development densities in the future.
The current character of the area is residential development on relatively
large lots, with a considerable number consisting of large undeveloped tracts
(both open and forested}, and active farm land. The Lower Intensity area lies
mostly in the central and southern part of the study area. A portion also
extends north to 1-85 in the undeveloped area east of Strayhorn Nills. 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,
white 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 steal( 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 mass 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 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.
c1) WATER/SEWER COMMITMENT
If the proposed lots are to be served by a public water system, proof of
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 o 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
tf 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 a!1 applicafions 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 an 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 al( 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)
I) Public Road Access
Access to the subdivision and access to lots within the subdivision to .
existing public roads shall conform to and be in compliance with any
public road access management plan adopted by Orange County.
m) Maintenance of Improvements
AI( 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) shat( be submitted as part of the Resources
Management Plan and incorporated into Homeowners` Association
documents.
8-45
8~6
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).
DIAGRAM 4
f
R 70~
~ O~• ~~~~~..
~ ~]
`~` ~ i
2p- front ~aCd, 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' ftont setback, D with 25` applies in turning circles of cul-de-sacs, or
at sharp bends in streets.
On comer 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 fine 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 -Apiece, parcel or plat of land created pursuant to the Orange
County Subdivision Regulations and shown as such on a recorded subdivision plat.
Amended
s/18/o1 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
10/3!88 .Lot Zoning
Residential - A {ot 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 ofi
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 ar 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
~nratershed overlay districts. Generally, the low-density option relies on density and
impervious surface limits to minimize the risk of water pollution.
Amended
3/18/8s Ma-il 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
1115!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 tots.
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
3118186 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
3/18/86 Massage, Profession Of -See "massage, business of'.
Amended
3/18/86 Massage Practitioner -Any person engaged in the business or profession of
massage.
Amended
3/18186 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 adouble-wide
mobile home.
Amended
3/1s/8s 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
5/1s/8s 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
3/18/8s 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 arid ignition systems
parts; sale, servicing and repair of tires, but not recapping or regrooving; replacement
of mufflers, tail pipes, water hoses, fan bets, 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
1012/89 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
5/15/so 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 - Rollution which enters waters mainly as a result of
precipitation and subsequent run-off from lands which ha~re 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 anon-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-10, C.2 of the Orange County
Subdivision Regulations, which are preserved through conservation easements or
other restrictions in a flexible development subdivision.
Amended
10/13/99 Open Space - (land use intensity) 1) Open space is the total horizontal area of
uncovered open space plus half the total horizontal area of covered open space
subject to limitations set forth below. 2) Uncovered open space is total gross
residential land area not covered by buildings, plus open exterior balconies and roof
areas improved as recreation space. 3) Covered open space is usable open space
closed to the sky, but having two clear unobstructed open or partially open sides.
Partially open sides is to be construed as fifty percent or more. Examples of covered
space are covered balconies, covered portions of improved roof areas, or space under
buildings supported on columns or posts or cantilevered. The square footage
countable as covered open space. shall not exceed the square footage of the open
space sides.
Open Space Measurement - (See Lot Line, Lot Line Front, Lot Line Rear, Lot Line
Side, Open Side, Open Space Front, Open Space Rear.)
Open Space Ratio -The minimum square footage of open space required for each
square foot of floor area. This area includes parking and vehicular access areas and
it can also include balconies, and roofs improved for recreation.
Outdoor Advertising Industry -The organizations that provide outdoor displays or
display space on a lease or rental basis.
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!18186 Pedestrian/Landscape Ratio -This is the minimum square footage of pedestrian
access and landscaped areas in anon-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
10/2/89 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 anot-for-prafit 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 - Aself-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,. requiring professional health care, adult
supervision, or rehabilitation.
Residential Floor Area -Residential floor area shall be construed as the sum of
areas for residential use on all floors of the building measured from the outside faces
of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed
porches- and balconies, and below-grade floor areas used for habitation and
residential access.
Not countable as floor area are:
1} Open terraces, patios, atriums, or balconies
2), Carports, garages, breezeways, too(sheds
3) Special-purpose areas for common use of occupants, such as recreation
rooms of social halls
4) Staff space for therapy or examination in care housing
5) Basement space not used for living accommodations
6) Any commercial or other non=residential space.
Residential Land Area -Residential land area shall be construed as all land for
residential development and related uses, including open space, within the district in
the case of PD-H zoning, or on the lot or tract where residential uses in other locations
are controlled by these regulations. Such lands shall be construed to include streets
entirely within, residential portions of the development, common open space, and
lands accepted for dedication for public purposes. Residential land area shall be
included in residential land area. (as for example, in the case of amulti-family building
with ten percent of its floor area in accessory commercial and service uses).
Amended
1.115/03 Resources Management Pian - A document and map, submitted as a part of a Major
Subdivision, Class A Special Use Permit application or a Major Subdivision, Planned
Development Aflas Amendment with SUP application; that sets forth, in detail, the
location of and the proposed methods fora
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.
Restaurant - An establishment whose principal business is the sale of food and
beverages to the customer in aready-to-consume state, and whose design or
principal method of operation includes one or-both of the following:
a) Customers, normally provided with an individual menu, are served their foods
and/or beverages by a restaurant employee at the same table or counter at
which said items are consumed.
b) A cafeteria style setting is provided where food, and/or beverages are
consumed within the restaurant structure.
22-25
Restaurant, Carry-Out - An establishment whose principal business is the sale of
.food and beverages to the customer in aready-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 aready- to-consume state, and whose design,
method of operation, or any portion of whose business includes orie 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 -Anew 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 Breakfasf: A private, 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 afull-
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.
Rura! 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
6/25/91 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
x14184 Sign, Identification - On-premise sign identifying a business, person, service,
activity, commodity or product.
Amended
x14184 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/s4 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, accommodatiori, 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
persona( or non-profit, nature such as family reunions and church activities; (2) farm-
- related or rural events such as horse shows, 4-H events and auctions; and (3) fund-
raising events for non-profit organizations.
Special Use - A use which would not be appropriate generally throughout the zoning
district or without special study, but which, if controlled. as to number, area, location or
relation to neighborhood, would. Such uses which are listed as Special Uses in the
Permitted Use Table, Article 3•, may be installed and operated only after approval by
the Board of Commissioners or by the Board of Adjustment, as appropriate, subject to
the general and specific standards.
Specialized Words Definitions. - (See Special Use; Non-Conformity; Variance;
Dedication; Easement; Group Development; Comprehensive Plan.)
Amended
1/4194 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 su lies b establishin a coo erative ro ram of watersu I rotection to be
PP Y 9 P P g PP Y P
administered by local governments consistent with statewide management
requirements established by the Environmental Management Commission (EMC)."
Amended
1 /4/94
9/18/01
5/20/03 Stream Buffer - A stream buffer is an area of land adjacent to a stream or a FEMA-
identified floodp[ain, 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 USES Quadrangle maps, 2) shown as a water feature in the Orange County Soil
Survey, or 3) a water feature identified by a field determination of County staff trained
in surface water identification through the North Carolina Division of Water Quality
(NCDWQ~. Stream buffers shall extend around the perimeter of all other water
features if any portion of the stream buffer touches the water feature. Disputes
pertaining to water feature identification decisions by County staff shall be filed directly
to the NCDWQ. Stream buffers for Soil Survey streams shall only be calculated using
Method A as explained in Section 6.23.7d.
Street -Away 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 betweeri minor,
local and subcollecfor 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
~refating 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
10/2/89 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 mariually produced. Typical studio users
include artists, musicians, dancers, gymnasts, photographers, sculptors, wood and
leather craftsmen, glass blowers, weavers, and silversmiths.
Amended
211/88 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/~s/ss 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
2/19/89 Temporary Residential Mobile Home - A mobile home, intended for residential use
fora (invited 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/ss Traffic Generation: Low -Uses which generate an average of less than 200 vehicle
trips per day.
Amended
2/7lss Traffic Generation: Medium -Uses which generate an average of between 200-800
vehicle trips per day.
Amended
217/86 Traffic Generation: High -Uses which generate an average of more than 800 vehicle
trips per day.
Amended
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
3118/ss 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
1o/7/s1 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 properly value;
d) upon findings, after a public hearing, that the applicant or his/her
representative(s) intentiorially 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
2/118s VolumelCapacity Analysis -The procedures used to compare the volume of a
roadway or intersection approach to its capacity (maximum number of vehicles that
can pass a given point during a given time period). The procedures are described in
the 1965 Highway Capacity Manual, Highway Research Board Special Report 87.
Amended
1/4/94 Water-Dependent Structure -Any structure for which the use requires access to or
proximity to or citing within surface waters to fulfill its basic purpose, such as boat
ramps, boat Houses, docks and bulkheads. Ancillary facilities such as restaurants,
outlets for boat supplies, parking .lots and commercial boat storage areas are not
water-dependent structures.
Amended
5/20/03 Water Feature - A prominent aspect or characteristic of a geographic area that exhibits
verifiable evidence of a presence of water in the soil. Examples of water features
include, but. are not limited to; perennial and intermittent streams, lakes, ponds,
reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetlands, and
natural drainage ditches (non-ephemeral). _
Amended
1/4/94 Watersupply Watershed (or Protected Watershed) Land that drains to existing
reservoirs which are public water supplies or potential reservoir sites or stream intakes
which have been designated for protection. All such lands have been classified by the
Environmental Management Commission as WS-II, WS-III or WS-IV watersheds and
require protection in accordance with the State Mandate.
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 sha(I stand, notwithstanding the
.invalidity of any provision, or section or part thereof.
24,2 Conflict With Other Laws
When provisions of this ordinance require a greater width or size of yard
or court or require a lower height of a building of fewer number of stories,
or require a greater percentage of a lot to be left unoccupied, or impose
other higher standards than are required in any other statute or local
ordinance or regulation, provisions of this ordinance shall govern. When
the provisions of any other statute or local ordinance or regulation require
a greater width or size of yards or courts, or require a greater percentage
of a lot to be left unoccupied, or impose other higher standards than are
required by the provisions made by this ordinance; the provisions of that
statute or local ordinance or regulation shall govern.
24.3 Repeal of Existing Zoning Regulations
The existing zoning regulations entitled, Orange County Zoning
Ordinance, as amended, are hereby repealed. The adoption of this
Ordinance,. however, shall not affect nor prevent any pending or future
prosecution of, or action to abate, an existing violation of said regulations,
as amended.
24-1
24.4 Effective Date
This Ordinance shall take effect and be in force on September 2, 1981.
Amendments:
11-2-81 ~ 5-15-90
11-23-81 8-6-90
1-19-82 8-21-90
7-6-82 9-4-90
10-4-82 10-1-90
2-7-83 2-19-91
7-5-83 4-1-91
1-3-84 6-25-91
4-7-84 8-5-91
6-4-84 9-3-91
7-2-84 10-7-91
10-1-84 ~ 10-22-91
11-20-84 1-6-92
2-19-85 8-3-92
4-1-85 8-4-93
7-1-85 9-7-93
11-19-85 ~ 1-1-94
1-6-86 1-4-94
3-5-86 3-1-94
3-18-86 4-4-94
8-4-86 8-8-94
11-3-86 10-5-94
1-5-87 11-1-94
3-24-87 1-17-95
7-7-87 8-3-95
10-5-87 10-2-95
2-1-88 4-1-96
4-4-88 ~ 6-3-96
7-5-88 7-1-96
10-3-88 9-3-96
10-18-88 ~ 10-1-96
1-3-89 12-17-96
5-16-89 4-1-97
8-1-89 5-21-97
10-2-89 6-2-97
10-17-89 8-4-97
11-6-89 10-21-97
11-21-89 1-20-98
1-8-90 4-21-98
2-5-90 10-13-99
4-2-90 10-19-99
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
24-2
~v~1:~-~do~--l~1
VOTES UNANIMQUS ~
b. Growth Management Svstem -Amendments to Zonin€~ and ~bdivision
Ordinances
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 fallow 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 (BOCG) 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) far
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 greaterthan 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 theAugust
25"' 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 ubdivision rules foreach 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 recomrnendafions 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-lotthreshold. If-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 sail( 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°6, then there is: a density'.bonus:
Co'mmissioner' Jacobs aid that an affordable housing component. is not addressed'.,.
He asked if there was some way to have a review to promote the thinking about affordable
housing. Craig Benedict said that-he would work with he Manager about how affordable
housing can enter the framework of review.
Gommissioner-Jacobs asked-that this be: forwarded to-the Hi lsborough 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 Gommissioner Gordon,.seconded by Gommissioner Jacobs
to close the public hearing...
VOTE:. UANIMOUS
A motion: was made byCommissioner Jacobs, seconded by Commissione€ 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 1 presented at
the; August 25~' Joint Public Hearing) for designating "Urbane 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..
DOTE: UNANIMOUS
c. Legal Advertisement for November 24. 2003 Quarterly Public Hearing
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 Em'ployees' Credo"Union and whether
they are going to preserve the trees located-there. She also,asked. about the text amendments
and whatthings are going to go in he Class A. designation:..
Craig Benedict said that the standards for schools were discussed briefly at the
August 25~' public hearing and the Planning Department is making some final revisions on those
special use standards that are uni ue to schools. These standards are expected to come back
on ahe next agenda (November 18~'~ or in early December. He said that these standards would
apply to other zoning districts besfdes 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 backto a public hearing:..
Craig Benedict saitl 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 haveto take backto 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 aboua 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:ncorporated 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
Hoed to go back to publichearing again,. but feels that it will not be necessary.
Commissioner Jacobs said that he. would be comfortable with he 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'wauld 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°~6 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 hey°
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 fortowers would be available-aometime in 2004.