HomeMy WebLinkAboutORD-2011-036 CORRECTED - Unified Development Ordinance Text Amendment - Separate the Kennels/Riding Stables Land Use Category in Permitted Use Table and Standards Article Ordinance#: 2011-036 Corrected sr-
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, and
WHEREAS, staff discovered an error with the original Ordinance, specifically
Ordinance 2011-036 adopted on October 18, 2011, concerning the review and
processing of Class I Kennel operations, and
WHEREAS, this Ordinance addresses that error.
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
StFikethrough or double underline= 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 Kennels ,
(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),
(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),
(27) Riding Stables
(2-78) Sawmills,
(299) Stockyards,
(2930) Storage of Goods, Outdoor,
(381) Waste Management Facility; Hazardous & Toxic, and
(342) 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 1 Riding Stables g 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 **
i
Commercial Uses RIB AR R1 CC3 GC4 AS
Kennels Glass4
Miscellaneous Uses RIB AR R1 CC3 GC4 AS
Historic Sites Non-residential/Mixed Use
Kennels, Class I
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
Riding Stables
Commercial Uses MPD-CZ MHP-CZ
Kennels , Class II i Riding S
Section 5. That Section 5.6 Standards for Commercial Uses be amended as follows:
5.6.5 Kennels or Riding Stables 1 Arademies 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:
MMIR
(a) Plans for all kennels, bars,exercise yards, riding areaa 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 or riding stable/aGadem„
(b) No part of any building, structure, dog run, pen, or exercise yard amway
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 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, " hiG h Vhall 1 i,nnlI, d e primaFy enGIInJ re�s nr rgme
,
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
rp opert y.
(e) The site plan shall be reviewed by the Orange County Animal Control
DepaFtmen+Services Department, and found in conformance with
SeGtinn YIY of the Animal Control Ordinance.
(f) the plans for all kennel facilities shall be reviewed and approved by
the D*reGtor of ARim l GGR Tolthe 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 forth in—SeGtiGR 6.12 of-th;-
Ordinanoewithin this Ordinance.
(h) Where require`'� the Animal GeRtrnl Qrdinr+RGe A Class II Kennel
Permit shall be obtained from Orange County Animal Services a-Clans
11 K o�f DeFrnit shall be obtained fom the Department of Animal
Gonwithin 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 Academies
(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 keRnels,barns, boarding facilities, exercise yards, riding arenas,
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 '�°, Rnel er riding stable^.
(b) No part of any building, structure, exercise yard, Pamvay 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
keenelfacility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a building.
_(G) Any kennel whiGh is not wholly eRGlesed WithiR a buildiRg shall be enGl
by a seGUFmty fenGe at least six feet iR height, whiGh shall inGlude pFirnafy
enGIGSUFes or runs.
(dc) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and anal boarding facilities.
(e) The site plan shall be reviewed by the Orange County ARimal GGRtFG
Department, aad found d-o Genf 'th-S eGt ie n X IX-of the Animal GGPtFG4
Owe.
Building plans fer all keRRel faGilities shall be Feviewed and approved by t
DffiPestor of Animal Control prior to issuanno of any h,,ildiRg permits
(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 contan 12 of thiswithin this Ordinance.
(h) Where requiFed by the Animal GORtFOI QFdinaRGe a Class 11 Kennel PeFmit shall
F=a*!uFo to obtain and maintain a valid Class II Kennel Permit or
other related permits whiGh may be required by the USDA OF Wild
Reseurnos Commission will result in reVOG+tion of the SpeGi I Use Permit.
5.6.6---7 Bed and Breakfast
5.6.7-8 Bed and Breakfast Inn
5.6.8--9 Country Inn
Section 6. That Article 10 Definitions be amended as follows:
Kennel (Class 1)
An establishment that maintamncThe keeping of more than five-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 11)
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.
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 afld 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 seconded by
Commissioner JOY , the foregoing ordinance was adopted this
day of , 2012.
I, Donna S. Bak Clerk tote 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 2012 as relates in any
way to the adoption of the foregoing and that said proceedings are recorded in the
minutes of the said Board. -A
WITNESS my hand and the seal of said County, this � 5 / day of
2012.
' o
17 52
x
Clerk to the Board bf Commissioners
lo ~ /~'' ~ J
0~~/ 020~/- a ~G ?'c.
c. Unified Development Ordinance Text Amendment - Separate the
Kennels/Ridinq Stables Land Use Cateqorv in Permitted Use Table and Standards Article
The Board received the Planning Board recommendation, considered closing the public
hearing, and considered a decision on a Planning Director initiated Unified Development
Ordinance text amendment splitting the existing Kennels (Class II) Riding Stables land use
category.
Michael Harvey introduced this item. This was recommended by the County
Commissioners. He went through the attachments:
1. Land Use and Unified Development Ordinance 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
Michael Harvey made reference to Attachment 1 and said that the questions that were
asked when this was discussed last have been addressed and the Planning Board has
recommended approval of those changes in this document. He said that this is the first step in
this two-tiered process.
Commissioner Yuhasz thanked Michael Harvey for highlighting the issue of breeding horses as
a bon-fide farm activity exempt from zoning regulation.
horses.
PUBLIC COMMENT
None.
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Foushee, seconded by Commissioner Yuhasz to
approve the Ordinance Amendment as recommended by the Planning Board detailed within
Attachment 5.
VOTE: UNANIMOUS
d. Unified Development Ordinance Text Amendment - Article 10 (Definitions)
The Board received the Planning Board recommendation, closed the public hearing and
considered a decision on a Planning Director initiated text amendment to Article 10 of the
Unified Development Ordinance regarding the definition of "Commercial-Industrial Transition
Activity Node Land."
Planner Perdita Holtz said that this is a housecleaning item to revise the definition of
"Commercial Industrial Transition Activity Node Land." This is so the definition will be
consistent with the same definition in the Comprehensive Plan. The item was heard at the
August 22"d Quarterly Public Hearing, and since then the Planning Board has recommended
unanimously to approve the amendment.
PUBLIC COMMENT
None.