HomeMy WebLinkAboutAgenda - 10-18-2011 - 7c1
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 18, 2011
Action Agenda
Item No. ~ - G
SUBJECT: Unified Development Ordinance Text Amendment -Separate the
Kennels/Riding Stables Land Use Category in Permitted Use Table and
Standards Article
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
1. Land Use and Unified Development
Ordinance (UDO) Amendment Outline
Form (UDO Zoning 2011-004)
2. Copy of August 22, 2011 Quarterly Public
Hearing Advertisement
3. August 22, 2011 Quarterly Public Hearing
Minutes
4. September 7, 2011 Planning Board
Minutes
5. UDO Ordinance Amendment
INFORMATION CONTACT:
Michael D. Harvey, Planner III, 245-2597
Craig Benedict, Director, 245-2575
PURPOSE: To receive the Planning Board recommendation, close the public hearing, and
make a decision on a Planning Director initiated Unified Development Ordinance (hereafter
`UDO') text amendment splitting the existing Kennels (Class II)/Riding Stables land use
category.
BACKGROUND: Please refer to Section B of Attachment 1.
Planning Director's Recommendation: Please refer to Section D of Attachment 1.
Planning Board Recommendation: Please refer to Section C.2 (a) of Attachment 1.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board recommendation,
2. If necessary, deliberate further on the application,
3. Close the public hearing, and
4. Approve the Ordinance amendment as recommended by the Planning Board detailed
within Attachment 5.
ATTACHMENT 1
2
LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO/ZONING 2011-04
A. AMENDMENT TOPIC -VARIOUS CATEGORIES
1. Land Use and/or Zoning (Map and/or Text)
1.a Land Use Text
1.b Land Use Map From: To:
1.c UDO Text Section(s) 5.1.4 Conditional Use Exclusions• 5 2 1 5 2 2 5 2 3
Table of Permitted Uses Section 5.6 5 Kennels and Riding Stables /
Academies, and Article 10 Definitions of the Unified Development
Ordinance (UDO).
1.d Zoning Map From: To:
2. UDO Development Standards
3. UDO Development Approval Processes
B. RATIONALE
• Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has initiated
a text amendment to split the Kennel (Class II)/Riding Stables land use category into
separate uses.
Currently, Kennels (Class II)/Riding Stables are permitted within the following zoning
districts subject to the review and approval of a Class B Special Use Permit application:
• Rural Buffer (RB)
• Agricultural Residential (AR)
• Rural Residential (R-1)
• Community Commercial (CC-3)
• General Commercial (GC-4)
• Agricultural Services (AS)
• Economic Development Buckhorn Higher Intensity (EDB-2) (Kennel Class II Only),
and
• Economic Development Eno Higher Intensity (EDE-2) (Kennel Class II only)
This text amendment is being proposed to eliminate existing contradictions identified
as part of the UDO development process (Phase I) concerning the development of a
kennel or a riding stable. This amendment will also allow staff to begin the process of
completing a comprehensive assessment of existing regulatory requirements
Page 1 of 4
3
associated within each independent use as detailed within the UDO Implementation
Bridge report.
• Comprehensive Plan Linkage (i.e. Principles Goals and Objectives)
No direct linkage to the Principles, Goals, and Objectives of the Comprehensive Plan.
This amendment is proposed in order to engage in "good housekeeping" by
eliminating a previously identified problem/contradiction within the Ordinance.
• New State Statutes and Rues
Not Applicable
C. PROCESS
C.1 TIMEFRAME/MILESTONES/DEADLINES
a. Quarterly Public Hearing date
August 22, 2011
b. BOCC updates/checkpoints
June 21, 2011- BOCC approval to proceed
October 18, 2011- BOCC decision
C.2 PUBLIC INVOLVEMENT PROGRAM
Mission/Scope _ Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review
August 3, 2011 Briefing -note the briefing did not occur as the August
regular meeting was cancelled.
September 7, 2011-for recommendation.
At the September 7, 2011 regular meeting, the Board voted unanimously
to recommend approval of the proposed text amendment with the
following modification:
1. Under the revised definition of Kennel, Class /the Planning
Board recommended that proposed new language
recommended by staff indicating that the use could be a
considered customary access use to asingle-family residence
be deleted. Board members indicated such a modification
should be reviewed at a later time in context with a
comprehensive re-assessment of the land use category.
Staff concurs with the recommendation and has made the appropriate
change by removing the sentence. Please refer to Attachment 5.
Page 2 of 4
4
b. Advisory Board Input
N/A
c. Local Government Invitation
N/A
d. Outreach
d.1 General Public
Public Hearine process consistent with NC State Statutes and Orange
County ordinance requirements
d.2 Small Area Plan Workgroup
N/A
C.3 FISCAL IMPACT
Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal
advertisement will be paid from Fy2011-12 Departmental funds budgeted
for this purpose. Existing Planning staff included in the Departmental
staffing budget will accomplish the work required to process this
amendment.
D. AMENDMENT IMPLICATIONS
Analysis : As required under Section 2.8.5 of the UDO, staff recommends approval of the
proposed amendment. The need for the amendment was demonstrated during the review and
approval process of the UDO and was identified within the Implementation Bridge report as
being necessary.
These land use categories are not necessarily similar in scope to warrant being combined and
existing regulations are not sufficiently interchangeable to address development issues for
either activity.
Further, approval of this amendment will allow for a comprehensive re-assessment of the
submittal/review requirements as well as the review processes for each use.
Staff has reviewed the proposal with staff of Orange County Animal Services, w ho
recommended the following:
1. Change existing references within the UDO from 'Animal Control Department' to `Animal
Services Department' as this is the official name,
2. Eliminate the need for Animal Services to issue a permit for horse boarding or training
operations as the Department has no regulations or enforcement guidelines for this type
of activity,
Page 3 of 4
5
3. Modify existing definitions so that there is similarity between the UDO and Animal Services
definitions for Kennel, Class I and Class II.
During the Public Hearing, the following comments were received:
a. A BOCC member asked if a Kennel, Class I permit would be necessary if a residential
property owner had 9 dogs as 'pets' and not for showing, competition, hunting, or sport
activities.
STAFF COMMENT: No Kennel, Class I permit would be necessary for a residential
property owner to keep multiple animals if they were not kept for the various
aforementioned activities.
b. A Planning Board member asked what was the purpose of the text amendment.
STAFF COMMENT: The purpose of the amendment is to split the existing land use
categories and eliminate existing inconsistencies. Additional work will be done on the
development standards for each use in the near future.
c. A BOCC member noted an inconsistency with respect to the use of the term 'academy/
in the definition of `Riding Stable'.
STAFF COMMENT: This was a staff error, which has been corrected.
d. A BOCC member expressed concern that a Kennel, Class /land use was listed under the
`commercial land use' category within the Table of Permitted Uses of the UDO.
STAFF COMMENT: The error has been corrected (Attachment 5).
It should be noted that recent actions by the NC General Assembly modifying the definition of
what constitutes a 'farming activity' will impact the on-going review and discussion on the
permitting of kennels and riding stables within the County. In some cases these activities may
be viewed as a customary farming activity and the County would be limited. in its ability to
require permit review.
E. SPECIFIC AMENDMENT IANGUAGE
Please refer to Attachment 5
Page 4 of 4
ATTACHMENT 2
NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Department of Social Services, Hillsborough
Commons, 113 Mayo St., Hillsborough, North Carolina, on Monday, August 22, 2011, at
7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or
against the following items:
A. PUBLIC HEARING ITEMS
1. Unified Development Ordinance (UDO) Text Amendment
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the Unified Development Ordinance, the
Planning Director has initiated an amendment to the text of the Un~ed Development
Ordinance. Text amendments are proposed to the following sections of the Unified
Development Ordinance:
- Section 2.5.3 Plan Specifications. Add language requiring development
projects subject to site plan approval demonstrate compliance with adopted
County access management and connectivity plans.
The amendment is being proposed in order to create more orderly growth patterns
Purpose: To review the item and receive citizen comment on the proposed text
amendments.
2. Unified Development Ordinance (UDO) Text Amendment
In accordance with the provisions of Section 2.8 Zoning Atlas and Un~ed
Development Ordinance Amendments of the Unified Development Ordinance, the
Planning Director has initiated an amendment to the text of the Unified Development
Ordinance. Text amendments are proposed to the following sections of the Unified
Development Ordinance:
- Section 5.1.4(E) -Conditional Uses Exclusions. Split number (3) Class II
Kennels/Riding Stables into two separate uses (Class II Kennels and Riding
Stables/Academies) and renumber the remaining portion of (E) accordingly.
- Sections 5.2.1, 5.2.2, and 5..2.3 -Table of Permitted Uses. Create a new
land use category for Riding Stables/Academies and delete existing
references to the use currently under the Kennel, Class II.
- Section 5.6 -Standards for Commercial Uses. Split Section 5.6.5 Kenne/s
or Riding Stables/Academies into two separate sections governing each
land use, using the existing language pertinent to each land use in the new
sections, and renumber the remaining portion of Section 5.6 accordingly.
- Article 10 -Definitions. Modify and update existing definitions of Kennel
(Class I), Kennel (Class II), and Riding Stable consistent with proposed
modifications.
The amendment is being proposed in order to uncouple kennels and riding stables
as a land use. No changes to the existing standards or approval processes are
being proposed with this action.
Pu_ rpose: To review the item and receive citizen comment on the proposed text
amendments.
3. Unified Development Ordinance (UDO) Text Amendment
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the Unified Development Ordinance, the
Planning Director has initiated an amendment to the text of the Unified Development
Ordinance. Text amendments are proposed to the following sections of the Unified
Development Ordinance:
- Article 10 -Definitions. Modify definition of "Commercial-Industrial Transition
Activity Node Land" to be consistent with the definition contained in the 2030
Comprehensive Plan.
This amendment is being proposed because the definition contained in the 2030
Comprehensive Plan was modified on June 21, 2011.
Pu ose: To review the item and receive citizen comment on the proposed text
amendments.
Substantial changes in items presented at the public hearing may be made following the
receipt of comments made at the public hearing. Accommodations for individuals with
physical disabilities can be provided if the request is made to the Director of Planning at
least 48 hours prior to the Public Hearing by calling one of the phone numbers below.
The full text of the public hearing items may be obtained after August 12, 2011 from the
Planning Department. The agenda abstract and attachments may also be obtained at
the County website www.co.orange.nc.us at the Meeting Agendas link prior to the
meeting.
Questions regarding the proposals may be directed to the Orange County Planning
Department located on the second floor of the County Office Building at 131 West
Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m.
to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and
you will be directed to a staff member who will answer your questions.
PUBLISH:
News of Orange Chapel Hill Herald
August 10, 2011 August 10, 2011
August 17, 2011 August 17, 2011
7
2
ATTACHMENT 3
APPROVED 9/20/2011
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING
August 22, 2011
7:00 p.m.
The Orange County Board of Commissioners and the Orange County Planning Board met for a
Quarterly Public Hearing meeting on Monday, August 22, 2011 at 7:00 p.m. at the DSS
Building, Hillsborough Commons, in Hillsborough, NC.
COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners
Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee, and Steve
Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEY PRESENT: Annette Moore and Sahana Ayers
COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna
Baker (All other staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Chair Brian L. Crawford and members Alan
Campbell, Pete Hallenbeck, Mark Marcoplos, Andrea Rohrbacher, Lisa Stuckey, Judith Wegner,
and Larry Wright
PLANNING BOARD MEMBERS ABSENT: H.T. "Buddy Hartley", Rachel Phelps Hawkins,
Maxecine Mitchell, and Johnny Randall
C. PUBLIC HEARING ITEMS- Planning Board Chair Brian Crawford chaired these
items.
1. Unified Development Ordinance Text Amendment - To review a government-initiated text
amendment to the following Sections of the Unified Development Ordinance: 5.1.4(E), 5.2.1,
5.2.2, 5.2.3, 5.6, and Article 10. The amendment will uncouple kennels and riding stables as
a land use. No changes to the existing standards or approval processes are being proposed
with this action.
Michael Harvey presented this item and made a PowerPoint presentation.
August 22, 2011 Quarter{y Public Hearing
AGENDA ITEM C2:
PUBLIC HEARING
Petition for a
UDO TEXT AMENDMENT
UDO/ZONING 2011-04
Splitting the existing
Kennels (Class I1)/Riding Stables
Land use category
ISSUE:
- During UDO development, staff was asked to split the existing land uses into separate
categories
2
9
- Concern was expressed that uses are too dissimilar to be reviewed under the same
development criteria
- Certain regulations did not apply to both land uses
SOLUTION:
- Amend Section 5.2.1 Table of Permitted Uses to split existing land use category,
- Amend 5.6 Standards for Commercial uses to create separate development standards
governing development of Kennel (Class II) and Riding Stable
- This includes eliminating existing requirements that Animal Services issues a permit for
a Riding Stable (they have no standards or requirements to do so within their
regulations)
- Amend existing definitions contained in Article 10 to eliminate inconsistent language
Kennels (Class II)/Riding Stables permitted within:
- Rural Buffer (RB)
- Agricultural Residential (AR)
- Rural Residential (R-1)
- Community Commercial Three (CC-3)
- General Commercial Four (GC-4)
- Agricultural Services (AS)
- Economic Development Buckhorn Higher Density (EDB-2) (Kennel Class II Only), and
- Economic Development Eno Higher Density (EDE-2) (Kennel Class II only)
subject to the review and approval of a Class B Special Use Permit application.
WHAT THIS AMENDMENT ACCOMPLISHES:
- Amends UDO as directed by BOCC
- Completes the requested first step in the process to allow for a comprehensive re-
evaluation of existing development standards and review .processes for each land use
- Eliminates existing contradictions
WHAT THIS DOES NOT DO:
- Alter established review processes. Kennels and Riding Stables shall still be reviewed
as Class B Special Use Permits (i.e. Board of Adjustment)
- Modify standards (i.e. setback requirements, signage, lot area, etc.)
- Allow uses in any new general use zoning district not previously noted
Staff Recommendations:
1. Receive the UDO text amendment request,
2. Conduct the Public Hearing and accept public comment(s) on the petition,
3. Refer the matter to the Planning Board with a request that a recommendation be
returned to the County Board of Commissioners in time for the October 18, 2011 BOCC
regular meeting, and
4. Adjourn the public hearing until October 18, 2011 in order to receive the Planning
Board's recommendation and any submitted written comments.
There was no public comment.
10
Commissioner Gordon made reference to page 21 and the revision in Section 5 Kennel
Class 1, which is a change to the text. She read the bullet point, "Kennel Class 1 can be considered
a customary accessory use to a residential land use." She said that this change seems to be
premature and going too far to say a kennel can be considered a customary accessory use to a
residential land use. She said that currently Kennel Class 1 is listed as a commercial use.
Michael Harvey said that staff added this in because the Class 1 Kennel is not considered a
commercial operation. The animals are kept only for the purpose of showing competitions and sport.
There is no boarding or breeding or commercial activity for a Class 1 Kennel. This is an attempt to
make it more consistent with existing definitions and services.
Commissioner Gordon said that 19 animals could make a lot of noise.
Commissioner Jacobs said that one of the biggest sore points in Orange County is the
establishment of kennels in residential areas. He said that if it could be geared more toward density it
would be better, but 20 dogs in a one-acre zoned area is too much.
Commissioner Yuhasz said that the classification of whether it is a Class A or Class B Special
Use Permit is not important, but the standards by which each case is judged are important.
Judith Wegner said that there have been some contentious issues with kennels in recent
memory that did not come through the Planning Board, so if the Board of County Commissioners
know of any, she would like to be made aware of them. She asked Michael Harvey about his
thoughts on these two cases and it was, "not in my backyard," from the neighbors because of the
presence of too many animals.
Judith Wegner asked to have a summary to the Planning Board from Animal services about
what is different about the aggregation of animals.
Michael Harvey said that a Class 2 Kennel is related more to a commercial entity.
Commissioner McKee said that he has his own concerns about the noise potential to
neighbors. He said that these kennels should be based on density. He said that if limits are set, it
will be arbitrary.
Annette Moore said that she works with Animal Services directly and they are seeing some of
these cases as rescue/foster homes; and they are seeing upwards of 50+ or more dogs. This is
where there are problems.
Commissioner Jacobs said that there was an issue about ten years ago about a rooster that
continued to crow and it was in a one-acre density, and people found it very intrusive but this is not
regulated. He said that the County Commissioners need to remember that Orange County is
becoming a more suburban community and there needs to be a more sophisticated analysis of this
issue.
Lany Wright asked Michael Harvey about the intent of this amendment. Michael Harvey said
that the intent is to split the land use category into two separate uses, with no changes in standards.
This will allow staff to do a comprehensive assessment of existing regulatory requirements for each
use, which may lead to further discussion of the standards.
Brian Crawford said that this issue would be referred to the Planning Board in September.
A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to
receive the UDO text amendment request, refer the matter to the Planning Board with a request that
a recommendation be returned to the Board of County Commissioners in time for the October 18,
2011 BOCC regular meeting, and adjourn the public hearing until October 18, 2011 in order to
receive the Planning Board's recommendation and any submitted written comments.
11
VOTE: UNANIMOUS
' ATTACHMENT 4
Approved 10/Sf 11 12
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 SEPTEMBER 7, 2011
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Brian Crawford (Chair), Eno Township Representative; Larry Wright (Vice-Chair), At-Large, Cedar Grove
7 Township; Alan Campbel{, Cedar Grove Township Representative; Buddy Hartley, Little River Township Representative; Mark
8 Marcoplos, At-Large, Bingham Township; Andrea Rohrbacher, At-Large Chapel Hill Township; Peter Hallenbeck, Cheeks
9 Township Representative; Rachel Hawkins, Hillsborough Township Representative; Johnny Randall, At-Large Chapel Hill
10 Township;
11
12
13 MEMBERS ABSENT: Judith Wegner, Bingham Township Representative; Lisa Stuckey, Chapel Hill Township Representative;
14 Maxecine Mitchell, At-Large Bingham Township;
15
16
17 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Tom Altieri, Comprehensive
18 Planning Supervisor; Perdita Ho{tz, Planning Systems Coordinator; Glenn Bowles, Planner II; Tina Love, Administrative
19 Assistant II
20
21
22 OTHERS PRESENT: Sarah Lee, NCDOT; Randy Marshall; Chad Abbott, Summit Consulting; Susan Levy, Habitat for Humanity;
23 George Whiffed; Robert and Elvira Mebane; Annie Whiffed;
24
25
26 Documents handed out by staff.• Comprehensive Transportation Plan (CTP) Public Inpuf Meeting Flyer Draft CTP Highway Map;
27 Draft CTP Public Transportation and Rail Map; Draft CTP Bicycle Map; Draft CTP Pedestrian Map; Hard copy of CTP
28 PowerPoint Presentation
29
30 Visuals used during meeting: CTP PowerPoinf; Access Management PowerPoint
31
32 AGENDA ITEM 10: UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT: To make a recommendation to the BOCC on a
33 government-initiated text amendment to the following Sections of the Unified Development Ordinance:
34 5.1.4(E}, 5.2.1, 5.2.2, 5.2.3, 5.6, and Article 10. The amendment will uncouple kennels and riding stables
35 as a land use. No changes to the existing standards or approval processes are being proposed with this
36 action, as heard at the August 22, 2011 quarterly public hearing.
37 Presenter: Michael Harvey, Current Planning Supervisor
38
39 Michael Harvey: As you are aware from the public hearing the purpose of this amendment is to split these existing land use
40 categories. Several comments were made during the hearing which we have responded to within the abstract.
41
42 Alan Campbell: Was the concern that you will revisit this anyway?
43
44 Michael Harvey: That was part of it but there were other comments and concerns made during the hearing that I don't
45 necessarily agree with but they certainly have standing in terms of making a decision. The biggest concern was over adding
46 language to the definition of Kennel, Class I concerning is recognized status as a customary accessory use to asingle-family
47 residence. I would recommend that you kill that sentence and get it over with.
48
49 Larry Wright: I do not see the reason to defining the Class 1 Kennel until we go back and visit this as a complete ordinance.
50
51 Michael Harvey: I am not going to argue that, I certainly am not going argue that the language stay within the proposed definition
52 given what I heard in the public hearing.
53
54 Larry Wright: 1 would recommend we kill that part of the definition and save that issue once we look at this whole ordinance
55 entirely. I ask at the BOCC meeting, was this to split these are not and Mr. Harvey, at that time, said that this is just to clear this
56 up to move forward and then we will come back. I suggest we take this as staff has presented....
57
58 Michael Harvey: If you are making a motion, it should be to move with staffs recommendation that we remove language of the
59 definition of a Class I Kennel indicating this customary or accessory use.
Approved 10/5/ 11 ~ H
60
61 Larry Wright: He took it right out of my mouth.
62
63 MorioN made by Larry Wright to move with staffs recommendation to recommend approval of the proposed amendment and
64 remove language from the definition of a Class I Kennel indicating that such a use is customary or accessory use to a single-
65 family residence. Seconded by Alan Campbell.
66
67 VorE: Unanimous
68
2
Ordinance #: ~~1=~~~~
Attachment 5
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, there is a need to review and, as necessary, revise existing land use
regulations over time, and
WHEREAS, the Orange County Planning Director is authorized to initiate text
amendments, and
WHEREAS, there is a concern over the combination of dog kennels/boarding
facilities and riding stables into a single land use category, and
WHEREAS, the amendment is necessary to allow for a comprehensive re-
assessment of existing development standards for both land uses, and
WHEREAS, the County has held the required public hearing and has found the
proposed text amendment is consistent with the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance (UDO) of Orange County is hereby amended as follows:
RED =Proposed Text
~trileet#feu~# =Deleted Text
Section 1. That Section 5.1.4(E) -Conditional Uses Exclusions be amended as
follows:
(E) Exclusions:
The following uses shall not be considered or approved as a Conditional Use
District:
(1) Airports, General Aviation, Heliports, S.T.O.L,
(2) Bus Terminals & Garages,
(3) Class II Kennelsl~ir~Q-Stales,
(4) Commercial Feeder Operation,
(5) Crematoria,
(6) Drive-In Theaters,
(7) Extraction of Earth Products,
(8) Farm Equipment & Sales,
(9) Feed, Seed, Storage & Processing,
(10) Funeral Homes,
(11) Health Services: Over 10,000 square feet,
(12) Hospitals,
(13) Hotels & Motels,
(14) Industrial, Light,
(15) Industrial, Medium,
(16) Industrial, Heavy,
(17) Junkyards,
(18) Landfills (less than 2 acres),
(19) Landfills (2 acres or more),
14
15
(20) Military Installations (National Guard & Reserve Armory),
(21) Motor Freight Terminals,
(22) Motor Vehicle Maintenance & Repair (Body Shop),
(23) Motor Vehicle Repair Garage,
(24) Petroleum Products: Storage & Distribution,
(25) Research Facility,
(26) Residential Hotel (Fraternities, Sororities, and Dormitories),
X27 Riding Stables
(2~8) Sawmills,
(2~9) Stockyards,
0330) Storage of Goods, Outdoor,
(3A1) Waste Management Facility; Hazardous & Toxic, and
(3~2) Wholesale Sales.
Section 2. That Section 5.2.1 Table of Permitted Uses -General Use Zoning Districts
be amended as follows:
** Staff Note: Only those districts where the use is allowed are denoted. Other districts
where the use is not permitted are not denoted within this amendment *~`
Agricultural Uses RB AR R1 CC3 GC4 AS
Agricultural Service Uses
Commercial Feeder Operations
Farm Equipment &Sales
Feed, Seed, Storage, & Processing
Riding Stables B B B B B B
Commercial Uses RB AR R1 CC3 GC4 AS
Kennels ,Class II !--€tidiAes B B B B B B
Section 3. That Section 5.2.1 Table of Permitted Uses -General Use Zoning Districts
be amended as follows:
** Staff Note: Only those districts where the use is allowed are denoted. Other districts
where the use is not permitted are not denoted within this amendment **
Commercial Uses RB AR R1 CC3 GC4 AS
;~;er~els~~T~ ~ B ~ ~ ~ ~
16
Miscellaneous Uses RB AR R1 CC3 GC4 AS
Historic Sites Non-residential/Mixed Use
Kennel, Class I B B B B B B
Section 4. That Section 5.2.3 Table of Permitted Uses -Conditional Uses be amended
as follows:
** Staff Note: Only those districts where the use is allowed are denoted. Other districts
where the use is not permitted are not denoted within this amendment ~`~`
Agricultural Uses MPD-CZ MHP-CZ
Agricultural Service Uses
Commercial Feeder Operations
Farm Equipment &Sales
Feed, Seed, Storage. & Processing
Ridinct Stables
Commercial Uses MPD-CZ MHP-CZ
Kennels ,Class II ~-Rad+fls,~-~talales
Section 5. That Section 5.6 Standards for Commercial Uses be amended as follows:
5.6.5'°^„°'c ^~ °~~'~^^ c+°h'°° ~ ^^°,~°~.:^° Kennels (Class II)
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements -
In addition to the information required by Section 2.7, the following
information shall be supplied as part of the application for approval of this
use:
(a) Plans for all kennels, h~ ns; exercise yards, ,dog runs,
pens and related improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation -
~~
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel
(b) No part of any building, structure, dog run, pen, or exercise yard r~way
e~-ridgy-a~a, in which animals are housed or exercised shall be closer
than 150 feet from a properly line, except property occupied by the
owner/operator of the kennel. These minimum distances shall not apply
if all portions of the facility, in which animals are housed, are wholly
enclosed within a building.
(c) Any kennel including primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height, ~"`high ~h-+II innl~ ~r•° Mr~rr,M ~, °nvlvv~N r°~ °r n m~
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
property.
(e) The site plan shall be reviewed by the Orange County Animal Ser~trel
n°r,.,r+,,,°r,+Services Department, and found in conformance with
Sor,+ii+r, v-x °f the Animal Control Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
"ewe the Orange County Animal Services
Department prior to issuance of any building permits.
(g) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forthm-Seetiee--6.~-~#ie
9~ewithin this Ordinance.
(h) W;zere-r~T A Class II Kennel
Permit shall be,„o;bta~ined fromO^range County Animal Services, a-Blass
-ri-rte~e~efltttt-~rt-ItG7Tr°~ fr°w~ +h° fl~r~~rtGT+ of Animal
Oe+~tr~within the first 30 days of occupancy. Failure to obtain and
maintain a valid Class II Kennel Permit or other related permits which
may be required by the USDA or Wildlife Resources Commission will
result in revocation of the Special Use Permit.
5.6.6 Riding Stables /Asadepa+es
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements -
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Plans for all '~°,~Is; barns, boarding facilities, exercise yards, riding arenas,
ffe~and related improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures on
the same lot, and structures on adjacent property.
(2) Standards of Evaluation -
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the'-°,~;-priding stableF~~sademy.
18
(b) No part of any building, structure, exercise yard, r~way or riding arena, in
which animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
~raelfacility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a building.
~i.lnc.~ Free. nr n mp
~ V V M I V V Vl T-~TIT~T
(dc) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and a~inaal boarding facilities.
g~a~e.
(gd) A sign clearly visible from the ground shall be posted at the main entrance to
the facility and shall contain the names, addresses, and telephone numbers
where persons responsible for the facility may be contacted at any hour of the
day or night. The sign shall comply with dimensional requirements as set forth
in coe.+in., ~ ~ ~ „f +hi within this Ordinance.
nth~elated~e~+ts~rtnh m n~ i he ren ~ ~ i r~~~ i +y--ah-re--v~ n~o rr ,~yiiaiiie
5.6.8-7 Bed and Breakfast
5.6.8 Bed and Breakfast Inn
5.6.8-9 Country Inn
Section 6. That Article 10 Definitions be amended as follows:
Kennel (Class 1)
n., e~+.+hlie•hrv~en+ +h.++ ..,.,i.,+.,i., The keeping of more than #+ve-six but less than 20
animals of any species, excluding domesticated livestock, on a parcel of property
for the purpose of showing, competition, hunting, or sport. All animals shall be
owned by the property owner.
Kennel (Class II)
An establishment involving animals of any species, excluding domesticated
livestock, engaged in any of the following:
a) The gowning or keeping, for any purpose, of 20 or more animals;
b) The selling and/or training of guard dogs or security dogs;
c) The keeping of more than five animals at any given time for the purpose of
breeding, boarding, or rehabilitation.
19
The operator of a Kennel (Class II) shall be allowed to reside on the property to
ensure the continuous care of the animals kept on-site.
Riding Stable
A commercial facility where horses are sheltered, fed, groomed, boarded, trained,
ridden, or a~ bred. Typical accessory uses may include riding instruction, horse
shows and auctions, a tack shop, and storage of feed and supplies.
The operator of a riding stable shall be allowed to reside on the property to ensure
the continuous care of the animals kept on-site.
Section 7, That this ordinance be placed in the book of published ordinances.
Section 8. .This ordinance is effective upon its adoption.
Upon motion of Commissioner
Commissioner
day of
seconded by
_, the foregoing ordinance was adopted this
2011.
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
2011 as relates in any
way to the adoption of the foregoing and that said proceedings are recorded in the
minutes of the said Board.
WITNESS my hand and the seal of said County, this day of
2011.
SEAL
Clerk to the Board of Commissioners